Thomas Byrne
Ceist:86. Deputy Thomas Byrne asked the Minister for Education and Skills when he plans to complete the passage of the Education (Admission to Schools) Bill 2016. [52477/17]
Amharc ar fhreagraLegislative Process
Ceisteanna (86)
Freagraí scríofa
The Education (Admission to Schools) Bill 2016 was published on 6th July 2016 and passed Committee Stage on 28th June 2017.
My officials have been engaging with the Office of the Attorney General in relation to a number of amendments proposed for Report Stage of the Bill and this work is nearing conclusion. It is my intention to progress the Bill to Report Stage once these amendments have been finalised.
Questions Nos. 87 and 88 answered with Question No. 75.
Summer Works Scheme Administration
Ceisteanna (89)
Kevin O'Keeffe
Ceist:89. Deputy Kevin O'Keeffe asked the Minister for Education and Skills if consideration has been given to opening the summer works scheme on an annual basis. [52588/17]
Amharc ar fhreagraFreagraí scríofa
The current Summer Works Scheme (SWS) is being applied on a multi-annual basis. The Deputy will also be aware that nearly 50% of schools have applied for inclusion under the scheme which reflects a very high demand.
Almost €80 million has been approved to date under the Summer Works Scheme, in respect of over 640 school projects in categories 1-6. Details of the successful school applicants are published on my Department's website www.education.ie.
The 2018 budgetary provision will allow my Department to meet the carry over costs of summer works projects already approved. The assessment of applications in the remaining categories 7-10 as well as proceeding with any future summer works scheme is reliant on the availability of funding.
Question No. 90 answered with Question No. 75.
Property Registration Authority Administration
Ceisteanna (91)
Louise O'Reilly
Ceist:91. Deputy Louise O'Reilly asked the Minister for Justice and Equality if his attention has been drawn to that which constitutes exceptional circumstances as detailed in an application for sight of documents from the Land Registry; and if he will make a statement on the matter. [52550/17]
Amharc ar fhreagraFreagraí scríofa
My officials have consulted with the Property Registration Authority. I am advised that the details provided by the Deputy are insufficient to provide a comprehensive reply in this instance. Should the Deputy wish to provide more specific details to facilitate identification of the application in question, the Authority will be happy to re-examine the matter.
Departmental Reviews
Ceisteanna (92)
Michael McGrath
Ceist:92. Deputy Michael McGrath asked the Minister for Justice and Equality the status of his departmental review on defamation that was scheduled to conclude in September 2017; and if he will make a statement on the matter. [52367/17]
Amharc ar fhreagraFreagraí scríofa
My Department launched a public consultation on the operation of the Defamation Act 2009 on 1 November 2016. The Review is being undertaken in accordance with Section 5 of that Act.
The key objective of defamation law in Ireland is to ensure effective protection for the right to good name and reputation guaranteed by Article 40.3.2 of the Constitution, while also ensuring due regard for the right to freedom of expression in a democratic society, contained in Article 40.4.1(i). The rights to freedom of expression under Article 10 of the European Convention on Human Rights, and to protection of reputation under Article 8 of the Convention are also relevant.
The overall question posed by the public consultation is whether the 2009 Act strikes the right balance, in practice, between protecting freedom of expression and protecting good name and reputation – taking account of relevant developments such as intervening jurisprudence, changes in other common-law jurisdictions and the increasing importance of digital communications. Specifically, the aims of the public consultation were as follows:
- To promote an exchange of views and experiences regarding the operation in practice of reforms to the 2009 Act,
- To review recent reforms of defamation law in other relevant jurisdictions,
- To examine whether Irish defamation law, and in particular the Defamation Act 2009, remains appropriate and effective for securing its objectives, including in light of any relevant developments since 2009,
- To explore and weigh the arguments (and evidence) for and against any proposed changes in Irish defamation law intended to better respond to its objectives, and
- To publish the outcomes of the review, with recommendations on appropriate follow-up measures
The Department received 41 submissions to the review from a wide variety of stakeholders. The submissions are published and available on the Department’s website. The timeframe for the review was extended due to requests by stakeholders for more time to prepare their submissions, the complexity of the issues, the wide scope of the submissions received, other urgent legislative priorities, and significant intervening judgments of relevance from the European Court of Human Rights and the Supreme Court.
My Department has carried out extensive work on the review and I expect to receive a final report, with options for potential reform in this area of law, during the first quarter of 2018.
Stardust Fire
Ceisteanna (93, 94, 95)
Denise Mitchell
Ceist:93. Deputy Denise Mitchell asked the Minister for Justice and Equality the reason the McCartan report into the Stardust fire failed to accept evidence from witnesses, including 35 external witnesses, despite an earlier commitment to do so; and if he will make a statement on the matter. [52394/17]
Amharc ar fhreagraDenise Mitchell
Ceist:94. Deputy Denise Mitchell asked the Minister for Justice and Equality the reason the McCartan report into the Stardust fire failed to accept evidence written by witnesses that had subsequently passed away. [52395/17]
Amharc ar fhreagraDenise Mitchell
Ceist:95. Deputy Denise Mitchell asked the Minister for Justice and Equality the reason the McCartan report into the Stardust fire failed to interview a person (details supplied) during the assessment. [52396/17]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 93 to 95, inclusive, together.
A motion was passed by this House on 26th January 2017 which called on the Government "to meet with the Stardust Relatives and Victims Committee regarding the new and updated evidence they have uncovered since reviewing Judge Keane’s Report of the Tribunal of Inquiry on the fire at the Stardust, Artane, Dublin in 2006, to have that new and updated evidence assessed urgently by an independent person who has the trust of the families"; and "If the independent assessment confirms the existence of new evidence, calls on the Government to immediately establish a Commission of Investigation into the Stardust Tragedy of 1981."
The Stardust Relatives and Victims Committee identified (now retired) Judge Pat McCartan as an independent person who had their trust and, having been contacted by officials from my Department, Judge McCartan indicated his willingness to assist by taking on the role of assessing the evidence. The scope of the assessment process was as set out in the Dáil Motion.
The assessment process was conducted independently of Government in line with that Dáil Motion. Judge McCartan interpreted the scope of his independent process within those parameters. It was not open to me as Minister, nor my Department, to interfere with that process and direct him to hear evidence from any specific witnesses.
Judge McCartan’s assessment report was formally submitted to my Department on 17 October 2017. I brought the report to the Cabinet meeting on 7 November 2017. The report was accepted by the Government and furnished to the Stardust Victims’ Committee immediately afterwards.
I published the report later on 7 November and also laid the report before the Houses of the Oireachtas on the same date, given that the assessment process was initiated on foot of a Dáil Motion in January.
I would like to express my gratitude to Judge McCartan for the work he undertook in preparing his report. The judge was nominated by the relatives as a person they trusted and I am grateful to him for his willingness to undertake this important public service.
Having carefully considered the two previous independent reports on the Stardust tragedy and considered all material made available to him, Judge McCartan concluded that no further new enquiry is warranted.
The Stardust Fire was undoubtedly one of the greatest tragedies in the history of this country and the Government established this independent assessment process to ensure that all available evidence, including any new material that may have come to light, could be assessed as a matter of urgency. I acknowledge the terrible pain and loss of the relatives of the victims and the fact that the report does not come to the conclusion that they would have wished for.