Correspondence sent on 7 April 2014 to members of the Cabinet Committee on Justice Reform outlining the issues that the Council considers should be included in the Terms of Reference of the new judicial inquiry established under the Chairmanship of Mr Justice Nial Fennelly.
The Council suggests that Mr Justice Fennelly’s terms of reference should invite him to take account of two other reviews of An Garda Síochána and its oversight: the Cooke review (GSOC bugging) and the Guerin review (whistleblower allegations). The ICCL adds that the Fennelly Inquiry should include a review of taping of legal consultations by the Irish Prison Service and consider the adequacy of the legal framework governing the use of surveillance in Ireland.
Sent to Taoiseach Enda Kenny TD, Tánaiste Eamon Gilmore TD, Attorney General Máire Whelan, Minister for Justice, Equality and Defence Alan Shatter TD, and Minister for Communications, Energy and Natural Resources Pat Rabbitte TD.
A submission by the Irish Council for Civil Liberties (ICCL) to the consultation of the Department of Justice and Equality on the review of procedures for the appointment of members of the judiciary. In this submission, the ICCL makes a series of recommendations on how the current judicial appointments process should be re-organised, through legislation and administrative change, to bring the Irish judicial appointments system in line with international legal and human rights standards.
You can download the document here.
An International Review of Legal Provisions and Supports for People with Disabilities as Victims of Crime
Browse in reader above, or download PDF below.
Completed December 2013 and launched on 30 January 2014.
Authored by Prof Shane Kilcommins, Dr Claire Edwards and Ms Tina O’Sullivan, University College Cork and was commissioned by the Irish Council for Civil Liberties (ICCL) with the kind support of the Equality Authority’s Small Grants Fund.
The report contains a comparative overview of the legal provisions and supports for people with disabilities as victims of crime across seven common law jurisdictions – Ireland, Northern Ireland, England & Wales, Scotland, Canada, Australia and New Zealand.
The report highlights opportunities and barriers to accessing justice including in relation to individual rights, service provision and dedicated initiatives to facilitate persons with a disability who are victims of crime including throughout the pre-trial, trial and post-trial periods of criminal proceedings.
The ICCL together with other prominent NGOs, has prepared a position statement on procedural safeguards.
This Act covers a wide range of public order offences and gives the Gardaí many powers to deal with offences and crowd control at public events and demonstrations.
‘Public place’ includes all places to which a member of the public has access.
Situations that the Act covers include being on the streets after a night out, going to a concert or football match, or taking part in a demonstration. Possible offences covered include:
Intoxication in a public place (if you are in a public place and are so intoxicated that a Garda would reasonably suspect that you might endanger yourself or someone else)
Disorderly conduct in a public place (if you behave unreasonably and offensively so that you could cause serious offence or annoyance)
Threatening, abusive or insultingbehaviour in a public place
Handing out or displaying threatening, abusive, insulting or obscene material • Failing to comply with a direction from a Garda (If a Garda suspects that you are loitering or behaving in a way that could be an offence under the Public Order Act, the Garda can ask you to stop or to leave the area. If you do not do as the Garda asks, it could be an offence.)
Riot (If 12 or more people who are together in any place use or threaten to use violence in a way that would cause someone to fear for their or someone else’s safety, each of the people in the group could be charged with riot. There has to be a common reason for the behaviour.)
Violent disorder (If 3 or more people who are together in any place use or threaten to use violence in a way that would cause someone to fear for their or someone else’s safety, each of the people in the group could be charged with violent disorder.)
Affray (If 2 or more people who are together in any place use or threaten to use violence in a way that would cause someone to fear for their or someone else’s safety, each of them could be charged with affray.) • Trespass (It is an offence to trespass on a building or the grounds of a building where someone might think that you are there to commit an offence or to trespass in such a way that causes or is likely to cause fear in another person.)
Trespass (It is an offence to trespass on a building or the grounds of a building where someone might think that you are there to commit an offence or to trespass in such a way that causes or is likely to cause fear in another person.)
Wilful obstruction of vehicles or people (It is an offence to intentionally prevent or obstruct the movement of anyone or any vehicle in a public place.)
Entering and occupying land without consent (It is an offence to enter and stay on land where it is likely to damage the land or services to the land.)
Failure to give your name and address to a Garda Assault or obstruction of someone providing medical services or a peace officer (Peace officers include Gardaí, prison officers, members of the fire brigade, ambulance personnel or members of the defence forces).
The ICCL Know Your Rights Criminal Justice & Garda Powers Pack
The Know Your Rights: Criminal Justice & Garda Powers pack is the first of a series of booklets designed to inform people about their rights, which the ICCL is rolling out as part of its Know Your Rights public information project.
The booklet is designed to inform the general public, in clear and accessible language, of their rights in the areas of Garda search powers, arrest, interview, detention, provision of bodily samples and public order.
This submission assesses four areas of the Bill where the ICCL considers that privacy rights may be most at risk: blanket retention; retention periods; disclosure of data; and, oversight and remedy. In the analysis, particular reference is made to Article 8 (right to private life) of the ECHR. Further effect was given to the ECHR in Irish law under the European Convention on Human Rights Act 2003.