Civil Law (Miscellaneous Provisions) Act 2022
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Number 19 of 2022 | ||
CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2022 | ||
CONTENTS | ||
Preliminary and General | ||
Section | ||
Financial Contribution for Hosting of Temporary Protection Beneficiaries | ||
19. Disregard of financial contribution for purposes of means-testing | ||
22. Payment of financial contribution not to create landlord and tenant relationship | ||
Amendments of Childcare Support Act 2018 | ||
Amendment of Immigration Act 2004 and Other Enactments | ||
37. Amendment of Garda Síochána (Functions and Operational Areas) Act 2022 | ||
Processing of certain personal data | ||
43. Processing of personal data collected in accordance with section 42 | ||
Licensed Haulage Emergency Support Scheme | ||
Amendment of Road Traffic Acts | ||
Stardust Inquest (Special Jury Provisions) | ||
52. Assistance to coroner for coroner’s district of Dublin by Courts Service | ||
53. Qualification and liability for service on jury at Stardust inquest | ||
54. Ineligibility and disqualification for service on jury at Stardust inquest | ||
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Acts Referred to | ||
Childcare Support Act 2018 (No. 11) | ||
Communications Regulation (Postal Services) Act 2011 (No. 21) | ||
Companies Act 2014 (No. 38) | ||
Coroners Act 1962 (No. 9) | ||
Data Protection Act 2018 (No. 7) | ||
Education Act 1998 (No. 51) | ||
Garda Síochána (Functions and Operational Areas) Act 2022 (No. 7) | ||
Immigration Act 1999 (No. 22) | ||
Immigration Act 2004 (No. 1) | ||
International Protection Act 2015 (No. 66) | ||
Interpretation Act 2005 (No. 23) | ||
Juries Act 1976 (No. 4) | ||
Local Government Act 2001 (No. 37) | ||
Refugee Act 1996 (No. 17) | ||
Residential Tenancies Act 2004 (No. 27) | ||
Road Traffic Act 1961 (No. 24) | ||
Road Traffic Act 2010 (No. 25) | ||
Road Traffic Acts 1961 and 2010 | ||
Road Traffic Acts 1961 to 2018 | ||
Road Traffic and Transport Act 2006 (No. 28) | ||
Taxes Consolidation Act 1997 (No. 39) | ||
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Number 19 of 2022 | ||
CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2022 | ||
An Act to make provision for certain matters relating to persons to whom permission to reside in the State is given under section 60 (6) of the International Protection Act 2015 ; to provide for the making of a payment, in certain circumstances, to persons who provide accommodation to such persons; to provide for the making of certain payments in respect of the children of such persons, and for that purpose to amend the Childcare Support Act 2018 ; to provide for the recognition of certain driving licences held by such persons and for that purpose to amend the Road Traffic Acts 1961 and 2010; to make better provision in relation to the registration of non-nationals in the State and for that purpose to amend the Immigration Act 2004 and other enactments; to provide for the collection by specified persons of personal data of certain persons arriving in the State and to provide for the processing of that data in certain circumstances; to make provision for a scheme established and operated by the Minister for Transport to support certain road haulage operators; to make special provision relating to the jury at coroners’ inquests relating to the deaths of persons at the Stardust nightclub in the city of Dublin in 1981; and to provide for related matters. | ||
[14th July, 2022] | ||
Be it enacted by the Oireachtas as follows: | ||
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PART 1 Preliminary and General | ||
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Short title and collective citation | ||
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1. (1) This Act may be cited as the Civil Law (Miscellaneous Provisions) Act 2022. | ||
(2) The Road Traffic Acts 1961 to 2018 and Part 7 may be cited together as the Road Traffic Acts 1961 to 2022. | ||
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Commencement | ||
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2. (1) Parts 1 , 4 , 5 and 8 shall come into operation on such day or days as the Minister for Justice may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. | ||
(2) Parts 2 and 3 shall come into operation on such day or days as the Minister for Children, Equality, Disability, Integration and Youth may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. | ||
(3) Part 6 and 7 shall come into operation on such day or days as the Minister for Transport may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. | ||
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Expenses | ||
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3. The expenses incurred by the Minister for Justice and the Minister for Transport in the administration of this Act, and by any other Minister of the Government in the administration of any other Act in so far as that other Act is amended by this Act, shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas. | ||
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PART 2 Financial Contribution for Hosting of Temporary Protection Beneficiaries | ||
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Interpretation (Part 2) | ||
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4. (1) In this Part— | ||
“Act of 2005” means the Social Welfare Consolidation Act 2005 ; | ||
“Act of 2011” means the Communications Regulation (Postal Services) Act 2011 ; | ||
“appeals officer” means a person appointed by the Minister for Social Protection in accordance with section 12 ; | ||
“applicant” means a person who makes an application under section 7(1); | ||
“appointed officer” means a person designated by the Minister for Social Protection under section 10 ; | ||
“Eircode” means a postcode allocated under the national postcode system; | ||
“eligible dwelling” means a dwelling to which an Eircode has been allocated; | ||
“enactment” means— | ||
(a) an Act of the Oireachtas, | ||
(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continued in force by virtue of Article 50 of the Constitution, or | ||
(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b); | ||
“Minister” means the Minister for Children, Equality, Disability, Integration and Youth; | ||
“national postcode system” has the same meaning as it has in section 66 of the Act of 2011; | ||
“personal public service number” means a number allocated and issued in accordance with section 262 of the Act of 2005; | ||
“postcode” has the same meaning as it has in section 66 of the Act of 2011; | ||
“qualifying period” means the period commencing on 4 March 2022 and expiring on the scheme termination date; | ||
“scheme termination date” means 31 March 2023 or such later date as may be specified by the Minister in an order made by him or her under subsection (2); | ||
“temporary protection beneficiary” means a person to whom section 60 of the International Protection Act 2015 applies on foot of Council Implementing Decision (EU) 2022/382 of 4 March 20221 and who has been given a permission to reside in the State under subsection (6) of that section, which permission is valid. | ||
(2) The Minister may, following consultation with the Minister for Social Protection and the Minister for Public Expenditure and Reform, make an order that the date referred to in the definition of “scheme termination date” in subsection (1) shall be such date as is later than 31 March 2023 as the Minister considers appropriate and specifies in the order, having regard to the matter specified in subsection (3). | ||
(3) The Minister shall, in making an order under subsection (2), have regard to the need to continue to make provision for a financial contribution to assist in increasing the availability of accommodation for temporary protection beneficiaries. | ||
(4) Where an order under subsection (2) is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House. | ||
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Expenses of Minister (Part 2) | ||
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5. The expenses incurred by the Minister in the administration of this Part shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. | ||
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Eligibility for financial contribution | ||
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6. (1) Subject to subsections (2) and (3), a person shall be eligible for a financial contribution in respect of an eligible dwelling for a calendar month where the following conditions are satisfied: | ||
(a) the person is— | ||
(i) an owner of the dwelling, or | ||
(ii) where the dwelling is the subject of a tenancy, a tenant in respect of the dwelling; | ||
(b) the person is a natural person; | ||
(c) the person has granted to one or more temporary protection beneficiaries the right to enter the dwelling and to occupy all or part of the dwelling; | ||
(d) one or more temporary protection beneficiaries occupy the dwelling or part of the dwelling on the last day of the calendar month; | ||
(e) there is, on the last day of the calendar month, no rental agreement in respect of the dwelling or part of the dwelling in effect between the person and one or more of the temporary protection beneficiaries referred to in paragraph (d); | ||
(f) none of the temporary protection beneficiaries referred to in paragraph (d) (either in his or her own right or as a minor under the care of an adult) receive any of the following in respect of the dwelling for the calendar month: | ||
(i) payment of a supplement towards the amount of rent payable by a person in respect of his or her residence payable in accordance with regulations made under section 198 of the Act of 2005; | ||
(ii) housing assistance, within the meaning of Part 4 of the Housing (Miscellaneous Provisions) Act 2014 ; | ||
(iii) social housing support, within the meaning of the Housing (Miscellaneous Provisions) Act 2009 ; | ||
(g) the calendar month falls in the qualifying period; | ||
(h) the person has made an application for a financial contribution in accordance with section 7 ; | ||
(i) a declaration under section 7 (3) has been provided by the person in respect of the dwelling and has not been revoked on or before the last day of the calendar month; | ||
(j) the person has, where a request for information has been made under section 10 (3), provided the information requested to the appointed officer concerned. | ||
(2) No more than one financial contribution shall be payable in respect of an eligible dwelling for a calendar month. | ||
(3) Where there is more than one owner or tenant in respect of an eligible dwelling for a calendar month, only one owner or tenant, as the case may be, shall be entitled to a financial contribution in respect of the eligible dwelling for the calendar month. | ||
(4) In this section, “rental agreement” means an agreement or arrangement under which one party grants to the other party a right to occupy all or part of a dwelling, subject to the payment of money by that other party to the first-mentioned party. | ||
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Application for financial contribution | ||
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7. (1) An application by a person for a financial contribution in respect of an eligible dwelling shall be made to the Minister for Social Protection. | ||
(2) An application under subsection (1) shall include the following: | ||
(a) the name of the applicant; | ||
(b) the address of the applicant; | ||
(c) the personal public service number of the applicant; | ||
(d) the following information in respect of each temporary protection beneficiary occupying the eligible dwelling: | ||
(i) name; | ||
(ii) personal public service number; | ||
(iii) date on which occupation of the eligible dwelling commenced; | ||
(iv) where applicable, the date on which occupation of the eligible dwelling ceased; | ||
(e) the declaration made under subsection (3); | ||
(f) the address of the eligible dwelling; | ||
(g) the Eircode of the eligible dwelling; | ||
(h) the date of commencement of the period for which the application for a financial contribution is being made; | ||
(i) such other matters as may be prescribed. | ||
(3) An applicant for a financial contribution in respect of an eligible dwelling shall make a declaration— | ||
(a) that the applicant has granted to one or more temporary protection beneficiaries the right to— | ||
(i) enter the dwelling in respect of which the application is made, and | ||
(ii) occupy all or part of the dwelling for not less than 6 months, | ||
(b) that the applicant is— | ||
(i) an owner of the dwelling, or | ||
(ii) where the dwelling is the subject of a tenancy, a tenant in respect of the dwelling, | ||
(c) that one or more temporary protection beneficiaries are occupying the dwelling or part of the dwelling, | ||
(d) where the applicant is a tenant in respect of the dwelling, that the owner and other tenants, if any, have consented to the occupation of the dwelling or part of the dwelling by one or more temporary protection beneficiaries, | ||
(e) where there is more than one owner or tenant in respect of the dwelling, that the other owners or tenants, as the case may be, have consented to the applicant making the application, and | ||
(f) as to such other matters as may be prescribed for the purpose of ensuring the suitability of the dwelling. | ||
(4) An applicant may at any time revoke a declaration made by the applicant under subsection (3). | ||
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Payment of financial contribution | ||
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8. (1) Where— | ||
(a) an appointed officer is satisfied, following an application under section 7,that the applicant satisfies the conditions specified in section 6 (1) in respect of an eligible dwelling for a calendar month, or | ||
(b) it is determined on appeal under section 13 (3) that the applicant satisfies the conditions specified in section 6 (1) in respect of an eligible dwelling for a calendar month, | ||
a financial contribution in respect of the eligible dwelling for the calendar month shall be payable by the Minister for Social Protection to the applicant. | ||
(2) The Minister shall, after consultation with the Minister for Social Protection, reimburse the Minister for Social Protection, out of moneys granted by Dáíl Éireann to the Minister, in the amount of the moneys paid by the Minister for Social Protection in accordance with subsection (1). | ||
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Amount of financial contribution | ||
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9. (1) The amount of a financial contribution payable under this Part in respect of an eligible dwelling for a calendar month shall be— | ||
(a) €400, or | ||
(b) where an amount stands specified in an order under subsection (2) for the purposes of this paragraph, that amount. | ||
(2) The Minister may by order, made with the consent of the Minister for Social Protection and the Minister for Public Expenditure and Reform, specify an amount for the purposes of subsection (1)(b), having regard to the matters specified in subsection (3) . | ||
(3) Before making an order under subsection (2), the Minister shall have regard to the likely effect of the amount to be specified in the order on— | ||
(a) the number of persons who avail of the financial contribution (including where the scheme termination date is extended in accordance with section 4 (2)), | ||
(b) the number of temporary protection beneficiaries to whom accommodation is provided by persons referred to in paragraph (a), and | ||
(c) the cost to the Exchequer of the payment of financial contributions under this Part, | ||
but shall not have regard to the costs to persons referred to in paragraph (a) of provision of accommodation to temporary protection beneficiaries. | ||
(4) Where an order is proposed to be made under subsection (2), a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving the draft has been passed by each such House. | ||
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Appointed officers | ||
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10. (1) The Minister for Social Protection may designate, in writing, such and so many members of the staff of the Minister for Social Protection as he or she considers appropriate to be appointed officers under this Part and a person so designated shall be an appointed officer for such period as the Minister may determine. | ||
(2) Subject to this Part, and in accordance with the regulations, if any, made under section 21 ,every question arising— | ||
(a) as to whether an applicant satisfies the conditions specified in section 6 (1) in respect of an eligible dwelling, whether at the time of application or at a later date, and | ||
(b) as to such other matters, if any, in relation to an application under this Part which are prescribed as matters to be decided by an appointed officer, | ||
shall be decided by an appointed officer. | ||
(3) An appointed officer may, for the purpose of— | ||
(a) making a decision referred to in subsection (2), or | ||
(b) confirming whether the conditions specified in section 6 (1) continue to be satisfied in respect of an eligible dwelling, | ||
request an applicant to provide to him or her such information as the appointed officer may reasonably require. | ||
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Notification of decisions by appointed officer | ||
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11. (1) An appointed officer shall, having considered whether an applicant, at the time of application, satisfies the conditions specified in section 6(1) in respect of an eligible dwelling, notify the applicant of the appointed officer’s decision as to whether those conditions are satisfied at that time. | ||
(2) An appointed officer shall, where he or she is satisfied that an applicant, having satisfied the conditions specified in section 6 (1) at the time of application in respect of an eligible dwelling, has ceased to satisfy those conditions at a later time, notify the applicant of the appointed officer’s decision that those conditions are no longer satisfied. | ||
(3) Where an appointed officer makes a decision as to a matter, relating to an application under this Part, which is prescribed as to be decided by an appointed officer, the appointed officer shall notify the applicant of the decision. | ||
(4) A notification under this section shall— | ||
(a) be made not later than 21 days after the date of the decision, and | ||
(b) where the decision is adverse to the applicant— | ||
(i) give the reasons for the decision, and | ||
(ii) inform the applicant of the right to appeal the decision under section 13 and the time within which an appeal may be brought. | ||
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Appeals officers | ||
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12. (1) The Minister for Social Protection may appoint such and so many officers of that Minister as he or she thinks proper to be appeals officers for the purposes of this Part, and every person so appointed shall be an appeals officer during the pleasure of that Minister. | ||
(2) An appeals officer shall be independent in the performance of his or her functions under this Part. | ||
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Appeals | ||
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13. (1) Where an applicant is aggrieved by a decision of an appointed officer, the applicant may appeal the decision in writing to the Minister for Social Protection within 21 days of the date of the notification of the decision. | ||
(2) Where an appeal is made to the Minister for Social Protection under subsection (1), he or she shall designate an appeals officer (in this section referred to as a “designated appeals officer”) to determine the appeal. | ||
(3) A designated appeals officer shall— | ||
(a) make a decision determining the appeal as soon as is practicable in all the circumstances of the case which may be a determination to— | ||
(i) confirm the decision the subject of the appeal, or | ||
(ii) annul the decision and replace it with such other decision as the designated appeals officer considers appropriate, | ||
and | ||
(b) notify the applicant and the appointed officer of the decision. | ||
(4) A notification under subsection (3)(b) shall give the reasons for the decision. | ||
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Change in circumstances | ||
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14. Where an applicant becomes aware of a change in circumstances regarding any of the matters referred to in section 6 (1)(a) to (f) or affecting information provided by the applicant under section 7 (including any information included in a declaration provided under section 7 (3)), the applicant shall notify the Minister for Social Protection in writing of the change in circumstances as soon as reasonably practicable after the applicant becomes aware of that change. | ||
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Recovery of overpayment | ||
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15. Where— | ||
(a) the Minister for Social Protection pays a financial contribution to a person in accordance with this Part, and | ||
(b) that Minister subsequently ascertains that the person was not entitled to the financial contribution, or part of the financial contribution, because of fraud or for any other reason, | ||
that financial contribution, or part of that financial contribution, as the case may be, shall be recoverable as a debt due to the State and, without prejudice to any other remedy, shall be recoverable by the Minister for Social Protection as a debt under statute in any court of competent jurisdiction. | ||
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Sharing of information | ||
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16. (1) The information specified in subsection (2) may be disclosed in accordance with subsections (3), (4) and (5). | ||
(2) The information referred to in subsection (1) is the following: | ||
(a) in respect of an applicant, the name, personal public service number, address and number of eligible dwellings in respect of which a financial contribution is being paid; | ||
(b) in respect of an eligible dwelling, the Eircode; | ||
(c) in respect of a temporary protection beneficiary, the name and personal public service number. | ||
(3) The Minister and the Minister for Social Protection may disclose between them the information specified in subsection (2) for the purposes of administering the application for and payment of financial contributions under this Part. | ||
(4) The Minister for Social Protection and the Revenue Commissioners may disclose between them the information specified in subsection (2) for the purpose of verifying whether a property in respect of which an application is made under section 7 is an eligible dwelling. | ||
(5) The Minister for Social Protection and the Minister for Justice may disclose between them the information specified in subsection (2) for the purpose of verifying whether a person occupying a dwelling in respect of which an application is made under section 7 is a temporary protection beneficiary. | ||
(6) Subsections (3), (4) and (5) apply notwithstanding any obligation of confidentiality imposed on— | ||
(a) the Ministers referred to in those subsections, or | ||
(b) the Revenue Commissioners, | ||
by or under any enactment or otherwise. | ||
(7) An applicant shall not use a personal public service number of a temporary protection beneficiary provided to the applicant for the purposes of an application under this Part for any other purpose. | ||
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Offences and penalties (Part 2) | ||
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17. (1) A person who, for any purpose connected with this Part— | ||
(a) knowingly makes any statement or representation (whether written or verbal) which is to his or her knowledge false or misleading in any material respect, or knowingly conceals any material fact, or | ||
(b) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he or she knows to be false in a material particular, | ||
is guilty of an offence. | ||
(2) A person guilty of an offence under subsection (1) shall be liable— | ||
(a) on summary conviction, to a class D fine or imprisonment for a term not exceeding 12 months, or to both, or | ||
(b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 3 years, or to both. | ||
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Provisions relating to prosecutions | ||
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18. (1) Summary proceedings for an offence under section 17 may be brought at the suit of the Minister for Social Protection. | ||
(2) An officer of the Minister for Social Protection shall not institute any summary proceedings for an offence under section 17 at the suit of the Minister for Social Protection unless the officer is authorised in that behalf by special or general directions of the Minister for Social Protection or the Minister for Social Protection has consented to the initiation of those proceedings. | ||
(3) Notwithstanding any provision in any enactment specifying the period within which proceedings may be commenced, summary proceedings for an offence under section 17 may be brought at any time within whichever of the following periods later expires— | ||
(a) 2 years commencing on the date on which the offence was alleged to have been committed, or | ||
(b) 18 months commencing on the date on which evidence sufficient to justify the institution of the prosecution came into the possession of the Minister for Social Protection. | ||
(4) For the purposes of subsection (3), a certificate, sealed with the official seal of the Minister for Social Protection, as to the date on which the evidence referred to in that subsection came into his or her possession shall be sufficient evidence thereof until the contrary is shown. | ||
(5) Where in a prosecution for an offence under section 17 it is shown to the satisfaction of the court— | ||
(a) that an application has been made by a person (in this section referred to as “the defendant”) under section 7 , and | ||
(b) that as a result of that application a financial contribution has been paid to any person (whether or not the financial contribution was paid to the defendant), | ||
the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his or her behalf) and, where the information is false, with full knowledge of its falsity and with intent that it should deceive; but this presumption may be rebutted. | ||
(6) (a) For the purpose of the institution of proceedings under this Part a certificate, purporting to be given by an officer of the Minister for Social Protection authorised in that behalf by the Minister for Social Protection and to be signed by that officer, certifying the facts set out in paragraph (b), shall be sufficient evidence in any legal proceedings of the matters certified in the certificate, until the contrary is shown. | ||
(b) The facts referred to in paragraph (a) are that a person is an officer of the Minister for Social Protection and that he or she has been authorised under a special or general direction of the Minister for Social Protection to institute the proceedings, or that the Minister for Social Protection has consented to the institution of those proceedings. | ||
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Disregard of financial contribution for purposes of means-testing | ||
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19. (1) Subject to subsection (2), where eligibility for the purposes of a benefit (whether pecuniary or otherwise and howsoever called) granted by a public body is determined by reference to whether the income of a person meets or exceeds a threshold, any financial contribution received by the person under this Part shall not be taken into account when calculating that income. | ||
(2) Subsection (1) shall not apply in respect of a benefit granted by or under the Act of 2005 where regulations are made under that Act having a similar effect, as regards determination of eligibility for the benefit, to subsection (1). | ||
(3) In this section— | ||
“Act of 1998” means the Education Act 1998 ; | ||
“Act of 2014” means the Companies Act 2014 ; | ||
“board” has the same meaning as it has in the Act of 1998; | ||
“company” means a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act; | ||
“education and training board” means an education and training board established under section 9 of the Education and Training Boards Act 2013 ; | ||
“public body” means— | ||
(a) a Minister of the Government, | ||
(b) the Attorney General, | ||
(c) the Comptroller and Auditor General, | ||
(d) the Revenue Commissioners, | ||
(e) the Commissioners of Public Works in Ireland, | ||
(f) the Commissioner of Valuation, | ||
(g) the Garda Síochána, | ||
(h) the Defence Forces, | ||
(i) a local authority for the purposes of the Local Government Act 2001 , | ||
(j) the Health Service Executive, | ||
(k) an education and training board, | ||
(l) a recognised school established and maintained by an education and training board, | ||
(m) a board of a recognised school established and maintained by an education and training board, | ||
(n) a body established— | ||
(i) by or under an enactment (other than the Act of 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), or | ||
(ii) under the Act of 2014 (or a former enactment relating to companies within the meaning of section 5 of that Act) in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government, | ||
in respect of which a public service pension scheme exists or applies or may be made, | ||
(o) a body that is wholly or partly funded directly or indirectly out of moneys provided by the Oireachtas or from the Central Fund or the growing produce of that Fund and in respect of which a public service pension scheme exists or applies or may be made, or | ||
(p) any subsidiary of, or company controlled (within the meaning given by section 10 of the Taxes Consolidation Act 1997 ) by, a body to which paragraph (i), (j), (k), (n) or (o) relates and in respect of which a public service pension scheme exists or applies or may be made; | ||
“public service pension scheme” has the same meaning as it has in Part 4 of the Public Service Pay and Pensions Act 2017 ; | ||
“recognised school” has the same meaning as it has in the Act of 1998. | ||
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Notifications (Part 2) | ||
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20. A notification under this Part (other than a notification under section 14 )shall— | ||
(a) be given in writing, | ||
(b) be addressed to the person concerned by name, and | ||
(c) be made to the person in one of the following ways: | ||
(i) by delivering it to the person; | ||
(ii) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; | ||
(iii) by sending it by post to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address; | ||
(iv) by electronic means, in a case in which the person has given notice in writing to the Minister of his or her consent to the notification being made to him or her in that manner. | ||
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Regulations (Part 2) | ||
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21. (1) The Minister may, following consultation with the Minister for Social Protection, by regulations provide for any matter referred to in this Part as prescribed or to be prescribed. | ||
(2) The Minister may, following consultation with the Minister for Social Protection, by regulations provide for the following matters: | ||
(a) the procedure for the making of an application under section 7 , including the following: | ||
(i) the period within which an application shall be made; | ||
(ii) the form of such an application; | ||
(b) the procedure for an appeal by an applicant against a decision of an appointed officer, including the following: | ||
(i) the form and manner in which an appeal shall be made; | ||
(ii) the information to be provided by the applicant for the purposes of the appeal, including the reasons for that appeal; | ||
(iii) the conduct of the appeal; | ||
(iv) the provision of such access to information, records and documentation held by the Minister or the Minister for Social Protection as may reasonably be required for the purposes of an appeal; | ||
(v) the form and manner in which, and the period within which, the applicant shall be notified of the determination of the appeal. | ||
(3) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations or for giving effect to this Part. | ||
(4) Every regulation made by the Minister under this Part shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. | ||
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Payment of financial contribution not to create landlord and tenant relationship | ||
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22. The payment of a financial contribution in respect of an eligible dwelling shall not be taken into account in determining for any purpose whether, under any enactment or the general law, a relationship of landlord and tenant has been created. | ||
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Amendment of Taxes Consolidation Act 1997 | ||
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23. The Taxes Consolidation Act 1997 is amended by the insertion of the following section after section 216D: | ||
“Payments under Part 2 of the Civil Law (Miscellaneous Provisions) Act 2022 | ||
216E. A financial contribution payable under Part 2 of the Civil Law (Miscellaneous Provisions) Act 2022 shall be exempt from income tax and shall not be reckoned in computing income for the purposes of the Income Tax Acts.”. | ||
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Amendment of Residential Tenancies Act 2004 | ||
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24. Section 50 of the Residential Tenancies Act 2004 is amended— | ||
(a) in subsection (7), by the substitution of “subject to section 3B(d) and subsection (7A)” for “subject to section 3B(d) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015 )”, and | ||
(b) by the insertion of the following subsection after subsection (7): | ||
“(7A) Subsection (7) shall not apply where the person in lawful occupation of the dwelling concerned is a temporary protection beneficiary within the meaning of Part 2 of the Civil Law (Miscellaneous Provisions) Act 2022.”. | ||
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PART 3 Amendments of Childcare Support Act 2018 | ||
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Amendment of Childcare Support Act 2018 | ||
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25. The Childcare Support Act 2018 is amended— | ||
(a) in section 7(1)(b), by the insertion of the following subparagraph after subparagraph (iii): | ||
“(iiia) a person who has been given a permission to reside in the State under section 60(6) of the Act of 2015, which permission is valid, or”, | ||
and | ||
(b) in section 15(2)(c), by the insertion of the following subparagraph after subparagraph (iii): | ||
“(iiia) a person who has been given a permission to reside in the State under section 60(6) of the Act of 2015, which permission is valid, or”. | ||
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PART 4 Amendment of Immigration Act 2004 and Other Enactments | ||
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Definitions (Part 4) | ||
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26. In this Part— | ||
“Act of 1999” means the Immigration Act 1999 ; | ||
“Act of 2004” means the Immigration Act 2004 ; | ||
“Aliens Order 1946” means the Aliens Order 1946 ( S.R. & O., No. 395 of 1946 ). | ||
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Amendment of section 6 of Act of 1999 | ||
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27. Section 6(1)(b) of the Act of 1999 is amended by the substitution of “a registration officer (within the meaning of the Immigration Act 2004 ) pursuant to section 9 of that Act, or to the Minister pursuant to section 16 (3)(c) of the International Protection Act 2015 ” for “the Registration Officer pursuant to Article 11 of the Aliens Order, 1946 ( S.R. & O., No. 395 of 1946 ) or section 9 of the Immigration Act 2004 , or to the Refugee Applications Commissioner pursuant to section 9 (4A) of the Refugee Act 1996 ”. | ||
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Amendment of section 1 of Act of 2004 | ||
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28. Section 1(1) of the Act of 2004 is amended— | ||
(a) by the deletion of the definition of “registration district”, and | ||
(b) by the substitution of the following definition for the definition of “registration officer”: | ||
“‘registration officer’ shall be construed in accordance with section 9B;”. | ||
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Amendment of section 4 of Act of 2004 | ||
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29. Section 4(5)(c)(i) of the Act of 2004 is amended by the substitution of “a registration officer,” for “the registration officer for the place in which he or she intends to reside,”. | ||
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Amendment of section 9 of Act of 2004 | ||
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30. Section 9 of the Act of 2004 is amended— | ||
(a) by the substitution of the following subsection for subsection (2): | ||
“(2) Subject to section 2(2), a non-national shall comply with the following requirements as to registration: | ||
(a) he or she shall, as soon as may be, furnish to a registration officer the particulars set out in the Second Schedule, and, unless he or she gives a satisfactory explanation of the circumstances which prevent his or her doing so, produce to the registration officer a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality; | ||
(b) he or she shall furnish to a registration officer particulars of any matter affecting in any manner the accuracy of the particulars previously furnished by him or her for the purpose of registration, within 7 days after the matter has occurred, and generally shall furnish to a registration officer all information (including, where required by the registration officer, a recent photograph of him or her) that may be necessary for maintaining the accuracy of the register; | ||
(c) he or she shall— | ||
(i) if about to change his or her residence, furnish to a registration officer particulars as to the date on which his or her residence is to be changed and as to his or her intended residence, and | ||
(ii) on effecting any change of residence, within 48 hours of his or her change of residence, furnish to a registration officer particulars as to his or her current residence, if these particulars have not already been furnished by him or her under subparagraph (i); | ||
(d) if at any time he or she is absent from his or her residence for a continuous period exceeding one month, he or she shall furnish to a registration officer particulars of his or her current address and every subsequent change of address, and inform a registration officer of his or her return to his or her residence; | ||
(e) he or she shall, on the request of a registration officer made for the purpose of compliance by a registration officer with subsection (4A)(b), produce his or her registration certificate to a registration officer.”, | ||
(b) by the substitution of the following subsection for subsection (3): | ||
“(3) If a non-national has no residence in the State, he or she shall, so far as possible, furnish to a registration officer the particulars that would be required under this section if he or she had a residence in the State, and also, if he or she is about to change his or her address, furnish to a registration officer particulars as to the date on which his or her address is to be changed and as to his or her intended address.”, | ||
(c) in subsection (4), by the substitution of “either by informing a registration officer” for “either by giving notice to the registration officer”, | ||
(d) by the insertion of the following subsection after subsection (4): | ||
“(4A) Subject to section 19(3), a registration officer shall issue to a non‑national a registration certificate— | ||
(a) on registration of the non-national, and | ||
(b) where the entry in the register relating to the registration of the non-national is altered or added to, if the registration officer is of the opinion that the making of a corresponding alteration or addition to the non-national’s registration certificate is necessary to ensure the accuracy of the certificate.”, | ||
(e) by the insertion of the following subsection after subsection (7): | ||
“(7A) (a) A person who is required under subsection (2), (3) or (4) to furnish, produce or provide particulars, information or a document to a registration officer may comply with the requirement concerned by furnishing, producing or providing the particulars, information or document, or a copy of the document, as the case may be, by such electronic means and in such manner as may be specified by the Minister under paragraph (b). | ||
(b) The Minister may, for the purposes of paragraph (a), specify the electronic means by which, and the manner in which, particulars, information or a document to which the paragraph applies may be furnished, produced or provided. | ||
(c) The Minister shall publish, on a website maintained by the Minister or the Government, the details of any matter specified by him or her for the purposes of paragraph (a).”, | ||
and | ||
(f) in subsection (8), by the substitution of “person” for “non-national”. | ||
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Registration officers | ||
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31. The Act of 2004 is amended by the insertion of the following section immediately before section 10: | ||
“9B. (1) The Minister may appoint such and so many persons as he or she considers appropriate (referred to in this Act as ‘registration officers’), being— | ||
(a) members of the Garda Síochána not below the rank of superintendent, or | ||
(b) officers of the Minister not below the rank or grade of Assistant Principal Officer, | ||
to perform the functions conferred on registration officers by this Act and any other enactment. | ||
(2) A registration officer may delegate his or her functions (other than the power of delegation under this subsection) under this Act or any other enactment to— | ||
(a) in the case of a registration officer to whom subsection (1)(a) applies, such member or members of the Garda Síochána as the registration officer may specify, or | ||
(b) in the case of a registration officer to whom subsection (1)(b) applies, such officer or officers of the Minister as the registration officer may specify. | ||
(3) Where a function of a registration officer is delegated under this section— | ||
(a) the registration officer who delegated the function may— | ||
(i) continue to perform that function, and | ||
(ii) vary or revoke the delegation, | ||
and | ||
(b) a reference to a registration officer in the enactment conferring the function on the registration officer shall, in relation to the function, be construed as including a reference to the person to whom the function is delegated. | ||
(4) A person who, immediately before the date on which section 31 of the Civil Law (Miscellaneous Provisions) Act 2022 comes into operation, was a registration officer under this Act, shall, on and from that date, be deemed to be a registration officer appointed under this section. | ||
(5) The Minister may revoke an appointment under this section. | ||
(6) In this section, ‘enactment’ has the same meaning as it has in section 2 (1) of the Interpretation Act 2005 .”. | ||
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Amendment of section 14 of Act of 2004 | ||
|
32. Section 14(1)(b)(ii) of the Act of 2004 is amended by the substitution of “a registration officer” for “the registration officer of the registration district in which he or she is resident”. | ||
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Amendment of section 18 of Act of 2004 | ||
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33. Section 18(1)(b) of the Act of 2004 is amended by the substitution of “a registration officer pursuant to section 9, or to the Minister pursuant to section 16 (3)(c) of the International Protection Act 2015 ” for “the registration officer pursuant to section 9, or to the Refugee Applications Commissioner pursuant to section 9(4A) of the Act of 1996”. | ||
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Amendment of section 19 of Act of 2004 | ||
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34. Section 19 of the Act of 2004 is amended by the insertion of the following subsection after subsection (5): | ||
“(5A) Regulations under subsection (1) (b) may prescribe different fees to be paid in different circumstances.”. | ||
|
Amendment of Second Schedule to Act of 2004 | ||
|
35. The Second Schedule to the Act of 2004 is amended, in paragraphs 8, 11 and 12, by the substitution of “a registration officer” for “the registration officer” in each place where it occurs. | ||
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Amendment of Employment Permits (Amendment) Act 2014 | ||
|
36. The following provisions of the Employment Permits (Amendment) Act 2014 are repealed: | ||
(a) paragraphs (a) and (c) of section 35; | ||
(b) section 36. | ||
|
Amendment of Garda Síochána (Functions and Operational Areas) Act 2022 | ||
|
37. The Garda Síochána (Functions and Operational Areas) Act 2022 is amended— | ||
(a) in Schedule 1, by the deletion of the matters in columns (2) to (5) opposite mention of reference number 22, and | ||
(b) in Schedule 2, by the deletion of the matters— | ||
(i) in columns (2) to (5) opposite mention of reference number 1, | ||
(ii) in columns (2) to (5) opposite mention of reference number 2, and | ||
(iii) in columns (2) to (5) opposite mention of reference number 5. | ||
|
Amendment of Aliens Order 1946 | ||
|
38. The Aliens Order 1946 is amended— | ||
(a) in Article 3, by the deletion of the definitions of “registration district” and “registration officer”, | ||
(b) in Article 5, by the deletion of paragraph (7) (c), | ||
(c) by the deletion of Article 11, | ||
(d) in Article 18, by the deletion of “registration,”, and | ||
(e) by the deletion of the Second Schedule. | ||
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Amendment of Regulations | ||
|
39. (1) The European Communities (Right of Residence for Non-Economically Active Persons) Regulations ( S.I. No. 57 of 1997 ) are amended— | ||
(a) in Regulation 2(1)— | ||
(i) by the deletion of the definition of “registration district”, | ||
(ii) by the substitution of the following definition for the definition of “registration officer”: | ||
“‘registration officer’ has the same meaning as it has in the Immigration Act 2004 ;”, | ||
(b) in Regulation 6— | ||
(i) by the substitution, in paragraph (1), of “a registration officer” for “the registration officer of the registration district in which the person is located”, and | ||
(ii) by the substitution, in paragraph (2), of “a registration officer” for “the registration officer of the registration district in which the dependant is located”, | ||
and | ||
(c) in Regulation 18, by the substitution of “a registration officer” for “the registration officer of the registration district in which he is located”. | ||
(2) The European Communities (Free Movement of Persons) Regulations 2015 ( S.I. No. 548 of 2015 ) are amended— | ||
(a) in Regulation 2(1) — | ||
(i) by the deletion of the definition of “registration district”, | ||
(ii) by the substitution of the following definition for the definition of “registration officer”: | ||
“‘registration officer’ has the same meaning as it has in the Immigration Act 2004 ;”, | ||
and | ||
(b) in Regulation 11(2), by the substitution of “a registration officer” for “the registration officer of the registration district in which he or she is located”. | ||
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Transitional provisions (Part 4) | ||
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40. (1) Any legal proceedings (civil or criminal) in respect of a right, privilege, obligation or liability acquired, accrued or incurred under section 6 of the Act of 1999 or section 4, 9, 14 or 18 of the Act of 2004 or an offence against or contravention of section 4, 9 or 14 of the Act of 2004 before the date of the coming into operation of this section may, on or after that date, be instituted, continued or enforced, and any penalty, forfeiture or punishment in respect of such offence or contravention may be imposed and carried out, as if the section concerned had not been amended by this Part. | ||
(2) A registration certificate issued under the Aliens Order 1946 that, immediately before the date on which this section comes into operation, is in effect shall be deemed, until the date on which the certificate is expressed to expire, to be a registration certificate issued under the Act of 2004, and that Act shall apply accordingly. | ||
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PART 5 Processing of certain personal data | ||
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Interpretation (Part 5) | ||
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41. In this Part— | ||
“Act of 2004” means the Immigration Act 2004 ; | ||
“Act of 2005” means the Social Welfare Consolidation Act 2005 ; | ||
“Act of 2015” means the International Protection Act 2015 ; | ||
“Act of 2018” means the Data Protection Act 2018 ; | ||
“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20162 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); | ||
“enactment” has the same meaning as it has in the Interpretation Act 2005 ; | ||
“immigration enactment” means an enactment, in respect of which the Minister for Justice has responsibility, insofar as the enactment makes provision for— | ||
(a) the entry of persons into the State, the period during which such persons may remain in the State and the conditions and obligations applicable to such persons while they are in the State, | ||
(b) the entry into, and presence in, the State of persons who require international protection, or | ||
(c) the acquisition of Irish citizenship; | ||
“international protection” has the same meaning as it has in the Act of 2015; | ||
“personal data” has the same meaning as it has in the Data Protection Regulation; | ||
“processing” has the same meaning as it has in the Data Protection Regulation; | ||
“relevant immigration enactment” means— | ||
(a) section 60 of the Act of 2015, | ||
(b) section 9 of the Act of 2004, and | ||
(c) an immigration enactment prescribed by regulations under section 44 ; | ||
“relevant officer” means— | ||
(a) an officer of the Minister for Justice, | ||
(b) a registration officer within the meaning of the Act of 2004, | ||
(c) an immigration officer within the meaning of the Act of 2004, | ||
(d) an international protection officer within the meaning of the Act of 2015, or | ||
(e) an officer of the Minister for Social Protection; | ||
“relevant person” has the meaning assigned to it by section 42 (1); | ||
“relevant social welfare enactment” means— | ||
(a) section 262 of the Act of 2005, and | ||
(b) the Act of 2005 insofar as it relates to a claim for, and entitlement to, a benefit within the meaning of section 240 of that Act; | ||
“suitable and specific measures” means measures to safeguard the fundamental rights and freedoms of data subjects in processing personal data of those subjects and may include measures referred to in section 36(1) of the Act of 2018. | ||
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Collection of personal data by relevant officer for relevant immigration enactment and relevant social welfare enactment | ||
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42. (1) A relevant officer may, in accordance with the Data Protection Regulation and the Act of 2018 and subject to suitable and specific measures being taken, collect personal data, including special categories of personal data and Article 10 data, provided by, or in respect of, a person (in this Part referred to as “a relevant person”) for the purposes of— | ||
(a) a relevant immigration enactment, | ||
(b) a relevant social welfare enactment, or | ||
(c) where the personal data is provided for the purposes of both a relevant immigration enactment and a relevant social welfare enactment, both such enactments. | ||
(2) Personal data collected in accordance with subsection (1) shall not be processed other than in accordance with section 43 . | ||
(3) In this section— | ||
“Article 10 data” means personal data referred to in Article 10 of the Data Protection Regulation; | ||
“special categories of personal data” has the same meaning as it has in the Act of 2018. | ||
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Processing of personal data collected in accordance with section 42 | ||
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43. Notwithstanding any other enactment or rule of law, personal data of a relevant person collected by a relevant officer in accordance with section 42 may, in accordance with the Data Protection Regulation and the Act of 2018 and subject to suitable and specific measures being taken, be processed to the extent necessary and proportionate— | ||
(a) by a person who has a function under a relevant immigration enactment for the purpose of the performance of the function concerned, | ||
(b) by a person who has a function under a relevant social welfare enactment for the purpose of the performance of the function concerned, and | ||
(c) by a relevant officer for the purpose of enabling the processing referred to in paragraph (a) or (b) or both. | ||
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Regulations (Part 5) | ||
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44. (1) Subject to subsection (2), the Minister for Justice may, with the consent of the Minister for Social Protection, by regulations prescribe an immigration enactment as a relevant immigration enactment for the purposes of this Part. | ||
(2) The Minister for Justice shall not prescribe an immigration enactment as a relevant immigration enactment under subsection (1) unless he or she is satisfied, in respect of the enactment to be prescribed that— | ||
(a) it is an enactment under which a relevant person is required to provide his or her personal data, | ||
(b) it is likely that a relevant person would wish to provide, at the same time, his or her personal data for the purposes of that enactment and a relevant social welfare enactment, | ||
(c) there would be a benefit to a relevant person, in terms of reducing the financial or administrative burden that would otherwise be imposed on him or her, of providing, at the same time, his or her personal data for the purposes of that enactment and a relevant social welfare enactment, and | ||
(d) it would be efficient and useful to enable a relevant officer to collect personal data for the purpose of that enactment at the same time as collecting personal data for the purpose of a relevant social welfare enactment. | ||
(3) In making regulations under this section, the Minister for Justice shall have regard to the need to safeguard the fundamental rights and freedoms of data subjects in processing personal data under this Part. | ||
(4) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. | ||
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PART 6 Licensed Haulage Emergency Support Scheme | ||
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Licensed Haulage Emergency Support Scheme | ||
|
45. (1) It shall be and be deemed always to have been a function of the Minister to establish and operate the Scheme. | ||
(2) In this section— | ||
“Act of 2006” means the Road Traffic and Transport Act 2006 ; | ||
“licensed road haulage operator” means a person who, on the 11th day of March 2022— | ||
(a) held an operator’s licence, or | ||
(b) had applied for an operator’s licence which was, after the 11th day of March 2022, granted to the person; | ||
“operator’s licence” means— | ||
(a) an international road haulage operator’s licence granted by the Minister under paragraph (a) of section 2(1) of the Act of 2006, or | ||
(b) a national road haulage operator’s licence granted by the Minister under paragraph (b) of section 2(1) of the Act of 2006; | ||
“Minister” means the Minister for Transport; | ||
“relevant period” means the period beginning on the 5th day of April 2022 and ending on the 6th day of June 2022; | ||
“Scheme” means the Licensed Haulage Emergency Support Scheme established and operated by the Minister for the provision of financial support, subject to and in accordance with the Scheme, to licensed road haulage operators who applied during the relevant period for financial support. | ||
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PART 7 Amendment of Road Traffic Acts | ||
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Amendment of Road Traffic Act 1961 | ||
|
46. The Road Traffic Act 1961 is amended— | ||
(a) in section 3— | ||
(i) in the definition of foreign driving licence— | ||
(I) in paragraph (a), by the substitution of “vehicle,” for “vehicle, or”, | ||
(II) in paragraph (b), by the substitution of “23A(1), or” for “23A(1) ;”, and | ||
(III) by the insertion of the following paragraph after paragraph (b): | ||
“(c) recognised by an order under section 23B;” | ||
(ii) by the insertion of the following definitions: | ||
“‘European Economic Area’ means the European Economic Area created by the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as amended for the time being; | ||
‘permission to reside’ means a permission under section 60(6) of the International Protection Act 2015 , which permission is valid; | ||
‘relevant person’ means a person who has been given a permission to reside;”, | ||
(b) by the insertion of the following section after section 23A: | ||
“Recognition of foreign driving licences held by certain persons | ||
23B. (1) The Minister, after consultation with the Minister for Justice, may by order declare that a licence or permit permitting a relevant person to drive a mechanically propelled vehicle, not being a licence or permit to enable that relevant person to learn or provisionally to drive such a vehicle, issued by the competent authority of a relevant state, shall be recognised for the purpose of use in the State in respect of any one or more of the categories in respect of which the licence or permit issued to a relevant person is held, and subject to such restrictions, if any, as may be specified in the order. | ||
(2) In this section, ‘relevant state’ means a state other than the State or a Member State or member state of the European Economic Area.”, | ||
(c) in section 38, by the insertion of the following subsection after subsection (8): | ||
“(9) In this section, notwithstanding the definition of driving licence in section 3, ‘driving licence’ means— | ||
(a) an Irish driving licence, | ||
(b) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle referred to in the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 issued by the competent authority of another Member State or a member state of the European Economic Area, but does not include a licence or permit so issued to a person to enable the person to learn to drive or provisionally to drive a vehicle, | ||
(c) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle recognised by an order made under section 23A(1), or | ||
(d) both— | ||
(i) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle recognised by an order made under section 23B(1), and | ||
(ii) the permission to reside given to a relevant person who holds the licence or permit referred to in subparagraph (i).”, | ||
(d) in section 40, by the insertion of the following subsection after subsection (9): | ||
“(10) In this section ‘driving licence’ has the meaning given to it by section 38(9).”. | ||
|
Amendment of Road Traffic Act 2010 | ||
|
47. The Road Traffic Act 2010 is amended— | ||
(a) in section 60— | ||
(i) by the insertion of the following subsection after subsection (1): | ||
“(1A) Notwithstanding subsection (1) a member of the Garda Síochána may, in the case of a licence referred to in paragraph (d) of the definition of driving licence in subsection (6A), seize, under this section, only the document referred to in subparagraph (i) of that paragraph.”, | ||
(ii) in subsection (2) — | ||
(I) in paragraph (b), by the insertion of “referred to in paragraph (b) or (c) of the definition of driving licence in subsection (6A)” after “a foreign licence”, and | ||
(II) by the insertion of the following paragraph after paragraph (b): | ||
“(ba) in the case of a foreign licence referred to in paragraph (d) of the definition of driving licence in subsection (6A), give or send only the document referred to in subparagraph (i) of that paragraph, to the licensing authority.”, | ||
(iii) by the insertion of the following subsection after subsection (6): | ||
“(6A) In this section— | ||
‘driving licence’, notwithstanding the definition of driving licence in section 3 of the Principal Act, means— | ||
(a) an Irish driving licence, | ||
(b) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle referred to in the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 issued by the competent authority of another Member State or a member state of the European Economic Area, but does not include a licence or permit so issued to a person to enable the person to learn to drive or provisionally to drive a vehicle, | ||
(c) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle recognised by an order made under section 23A(1) of the Principal Act, or | ||
(d) both— | ||
(i) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle recognised by an order made under section 23B(1) of the Principal Act, and | ||
(ii) the permission to reside given to a relevant person who holds a licence or permit referred to in subparagraph (i); | ||
‘licensing authority’ has the meaning given to it by section 21 of the Principal Act; | ||
‘permission to reside’ means a permission under section 60 (6) of the International Protection Act 2015 , which permission is valid; | ||
‘relevant person’ means a person who has been given a permission to reside.”, | ||
(b) in section 61, by the insertion of the following subsection after subsection (8): | ||
“(8A) In this section— | ||
‘driving licence’ has the meaning given to it by section 60(6A); | ||
‘permission to reside’ means a permission under section 60 (6) of the International Protection Act 2015 , which permission is valid; | ||
‘relevant person’ means a person who has been given a permission to reside.”. | ||
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PART 8 Stardust Inquest (Special Jury Provisions) | ||
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Definitions (Part 8) | ||
|
48. In this Part— | ||
“Act of 1962” means the Coroners Act 1962 ; | ||
“Act of 1976” means the Juries Act 1976 ; | ||
“county registrar for Dublin” means the county registrar for the county and city of Dublin; | ||
“jury summons” has the meaning assigned to it by section 55 (3); | ||
“Minister” means the Minister for Justice; | ||
“Stardust death” means a reportable death, within the meaning of the Act of 1962, which occurred at the premises known as “Stardust”, Kilmore Road, Artane, Dublin 5 on 14 February 1981 or thereafter as a result of injuries sustained at that premises on that date; | ||
“Stardust inquest” means an inquest in relation to a Stardust death held pursuant to a direction of the Attorney General under section 24 of the Act of 1962. | ||
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Coroner for the coroner’s district of Dublin | ||
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49. In this Part, a reference to the “coroner for the coroner’s district of Dublin” means— | ||
(a) the senior coroner for the coroner’s district of Dublin designated by the Minister under section 11B(9)(b) of the Act of 1962, | ||
(b) such temporary coroner for the coroner’s district of Dublin assigned or appointed by the Minister under section 11B of the Act of 1962 as that senior coroner may designate in writing for the purposes of this Part, or | ||
(c) where no senior coroner stands designated under section 11B(9) (b), the coroner for the coroner’s district of Dublin appointed under section 6A of the Act of 1962 or assigned under section 11A of that Act. | ||
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Application of Act of 1962 and Act of 1976 | ||
|
50. (1) Subject to subsections (2) and (3), this Part is without prejudice to the application of the Act of 1962 to a Stardust inquest. | ||
(2) In the case of a Stardust inquest, the reference to “in accordance with the provisions of this Act” in section 24 of the Act of 1962 shall be read as a reference to “in accordance with the provisions of this Act and Part 8 of the Civil Law (Miscellaneous Provisions) Act 2022”. | ||
(3) The following provisions of the Act of 1962 shall not apply in respect of a Stardust inquest: | ||
(a) section 36, insofar as that section relates to jurors; | ||
(b) section 37(1); | ||
(c) section 39; | ||
(d) section 40; | ||
(e) section 43; | ||
(f) section 44; | ||
(g) subsections (1) (b) and (2) of section 56, insofar as they relate to jurors; | ||
(4) Section 31 of the Act of 1976 shall not apply in respect of a Stardust inquest. | ||
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Power to sit with jury for Stardust inquest | ||
|
51. (1) The coroner in the coroner’s district of Dublin shall hold a Stardust inquest with a jury. | ||
(2) Where the coroner for the coroner’s district of Dublin, before commencing or resuming a Stardust inquest is informed by a member of the Garda Síochána not below the rank of inspector, a member of the Defence Forces not below the rank of commandant or a designated officer of the Ombudsman Commission that he or she will, under subsection (1) or (2) of section 25 of the Act of 1962, request an adjournment of the inquest on the ground either that criminal proceedings in relation to the death are being considered or have been instituted, the obligation under subsection (1) of this section to hold the Stardust inquest with a jury shall be deemed to be suspended unless and until the full hearing of the inquest takes place. | ||
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Assistance to coroner for coroner’s district of Dublin by Courts Service | ||
|
52. For the purposes of the empanelling, summoning and selection of jurors for a Stardust inquest under this Part, the Courts Service shall provide such technical and operational assistance as may be required by the coroner for the coroner’s district of Dublin for those purposes. | ||
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Qualification and liability for service on jury at Stardust inquest | ||
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53. (1) Subject to this Part, every citizen of the age of eighteen years or upwards who is entered in a register of Dáil electors in the jury district comprised of Dublin City Council and the counties of South Dublin, Fingal and Dún Laoghaire-Rathdown shall be qualified and liable to serve on the jury at a Stardust inquest unless he or she is for the time being ineligible or disqualified under this Part for such service. | ||
(2) A person who is ineligible or disqualified under the Act of 1976 for jury service shall be ineligible or disqualified, as the case may be, for service on the jury at a Stardust inquest. | ||
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Ineligibility and disqualification for service on jury at Stardust inquest | ||
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54. (1) A person summoned to attend as a juror at a Stardust inquest shall, as soon as practicable after receipt of the jury summons, notify the county registrar for Dublin if he or she— | ||
(a) is ineligible or disqualified for service on the jury at a Stardust inquest, or | ||
(b) is one of the persons specified in Part II of the First Schedule to the Act of 1976 and wishes to be excused from such service. | ||
(2) The county registrar for Dublin shall excuse any person whom he or she has summoned as a juror under this Part if— | ||
(a) that person is one of the persons specified in Part II of the First Schedule to the Act of 1976 and informs the county registrar of his or her wish to be excused, | ||
(b) that person shows to the satisfaction of the county registrar that he or she has served on a jury, or duly attended to serve on a jury, in the three years ending with the service of the summons on him or her, or | ||
(c) that person shows to the satisfaction of the county registrar that, at the conclusion of a trial, a judge of any court has excused him or her from jury service for a period that has not terminated. | ||
(3) The county registrar for Dublin may excuse any person whom he or she has summoned as a juror under this Part from attendance as a juror at a Stardust inquest if that person shows to the registrar’s satisfaction that there is good reason why he or she should be so excused. | ||
(4) If a person summoned as a juror under this Part is unable, owing to illness or any other reason, to make any representation to the county registrar for Dublin under subsection (1), (2) or (3), another person may make the representation on his or her behalf. | ||
(5) A person whom the county registrar for Dublin has refused to excuse may appeal against the refusal to the Circuit Court not later than 21 days after the receipt of the decision of the county registrar under appeal. | ||
(6) The jurisdiction conferred on the Circuit Court by this section shall be exercised by a judge of the Circuit Court for the time being assigned to the Dublin Circuit. | ||
(7) The procedure for the appeal, including the designation of the judge to hear the appeal, and the time within which and the manner in which it shall be brought, shall be as provided by directions of the President of the Circuit Court. | ||
(8) The decision of the Court shall be final. | ||
(9) When a person is required to be in attendance as a juror at a Stardust inquest, the coroner for the coroner’s district of Dublin shall have the same duty or discretion, as the case may be, as that imposed or conferred on the county registrar under this section to excuse that person from attendance or further attendance and may, for good reason, excuse the juror prior to and during the course of a Stardust inquest from further service as a juror at the inquest. | ||
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Empanelling and summoning of jurors | ||
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55. (1) The coroner for the coroner’s district of Dublin may, in writing, request the assistance of the Courts Service and, in particular, that of the county registrar for Dublin, in summoning a jury for the purposes of a Stardust inquest. | ||
(2) Upon receipt of a request under subsection (1), the county registrar for Dublin, using a procedure of random or other non-discriminatory selection, shall draw up a panel of jurors for a Stardust inquest from the register or registers delivered to him or her under section 10 of the Act of 1976 (omitting persons whom he or she knows or believes not to be qualified as jurors). | ||
(3) The county registrar for Dublin shall cause a summons (in this Part referred to as a “jury summons”), in writing and in both the Irish and English languages in such form as the Minister may by regulations prescribe, to be served on every person whom he or she has selected as a juror for the Stardust inquest concerned requiring the person— | ||
(a) to attend as a juror at the location specified in the summons for the reception of jurors for the Stardust inquest concerned on the day and at the time specified in the summons, and | ||
(b) to thereafter attend at that location or such other location or place as the coroner for the coroner’s district of Dublin may direct, at such times as are directed by that coroner. | ||
(4) A jury summons served on a person under this section shall be accompanied by a notice informing him or her— | ||
(a) of the effect of sections 53 , 54 , 61 and 62 , | ||
(b) that he or she may make representations to the county registrar for Dublin with a view to obtaining a withdrawal of the summons, if for any reason he or she is not qualified for service on the jury for a Stardust inquest or wishes or is entitled to be excused. | ||
(5) The county registrar shall endeavour to ensure that a jury summons is served on a person not later than 28 days before the date on which the Stardust inquest to which the summons relates is scheduled to commence. | ||
(6) Every summons to attend at a Stardust inquest as a juror shall be served on behalf of the coroner for the coroner’s district of Dublin. | ||
(7) Every regulation made by the Minister under subsection (3) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. | ||
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Service of jury summons | ||
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56. (1) A jury summons shall be in writing and addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways: | ||
(a) by delivering it to the person; | ||
(b) by leaving it at the address at which the person ordinarily resides; | ||
(c) by sending it by prepaid registered post to the address at which the person ordinarily resides. | ||
(2) In any proceedings for an offence of non-attendance in compliance with a jury summons or of not being available when called upon to serve as a juror at a Stardust inquest— | ||
(a) a certificate by the county registrar for Dublin or an officer acting on his or her behalf that the registrar or officer posted a letter containing the summons addressed as provided in subsection (1) shall be evidence of the fact so certified, | ||
(b) a certificate by the county registrar for Dublin or an officer acting on his or her behalf or a member of the Garda Síochána that he or she personally delivered the summons to the juror on a specified date shall be evidence of the fact so certified, and | ||
(c) a certificate by the county registrar for Dublin or an officer acting on his or her behalf present when a person summoned to attend as a juror at a Stardust inquest failed to answer his or her name at the time it was called out at the place specified in the summons shall be evidence, unless the contrary is proved, that that person failed to attend in compliance with the summons, or was not available when called on to serve, as the case may be. | ||
(3) A document purporting to be a certificate under this section of the county registrar for Dublin, or an officer acting on his or her behalf or a member of the Garda Síochána and to be signed by him or her shall be deemed, for the purposes of this section, to be such a certificate and to be so signed unless the contrary is proved. | ||
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Selection of jury from panel | ||
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57. (1) The selection of persons empanelled as jurors to serve on the jury at a Stardust inquest shall be made by the coroner for the coroner’s district of Dublin by balloting in public at the inquest. | ||
(2) Before the selection is begun the coroner for the coroner’s district of Dublin shall— | ||
(a) warn the jurors present that they must not serve if they are ineligible or disqualified and as to the penalty under section 62 for doing so, and | ||
(b) he or she shall invite any person who knows that he or she is not qualified to serve or who is in doubt as to whether he or she is qualified or who may have an interest in or connection with the Stardust inquest concerned to communicate the fact to the coroner (either orally or otherwise as the coroner may direct or authorise) if he or she is selected on the ballot. | ||
(3) The jury at a Stardust inquest shall be sworn by or before the coroner. | ||
(4) The foreperson shall be such member as the jurors shall choose and the choice shall be made at such time as the coroner for the district of Dublin may direct or, in the absence of a direction, before the jury return their verdict or make any other communication to the coroner. | ||
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Additional jurors | ||
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58. (1) Notwithstanding section 41 of the Act of 1962 and subject to subsection (2), at any time before the selection of a jury for a Stardust inquest pursuant to section 57 , the coroner for the coroner’s district of Dublin may, on his or her own motion, request the county registrar for the county of Dublin to order that a specified number of persons not exceeding 15 in number be selected to serve as jurors at and sworn in the Stardust inquest concerned. | ||
(2) The coroner for the coroner’s district of Dublin shall not make a request referred to in subsection (1) unless he or she is satisfied that— | ||
(a) the duration of the Stardust inquest concerned is likely to exceed 3 months, and | ||
(b) the selection of additional jurors for the inquest is an appropriate means of ensuring that there will be a sufficient number of jurors for the jury to remain properly constituted for the purposes of returning a verdict in that Stardust inquest. | ||
(3) An application referred to in subsection (1) shall be made not later than 10 working days before the selection of a jury in the Stardust inquest concerned begins pursuant to section 57 . | ||
(4) Where an order is made pursuant to subsection (1), the number of persons specified in the order shall be selected to serve as jurors pursuant to section 57 and sworn in the Stardust inquest concerned. | ||
(5) Where— | ||
(a) jurors have been sworn in a Stardust inquest following the making of an order under subsection (1), and | ||
(b) immediately before the jury in the inquest retires to consider its verdict the jury comprises more than 12 jurors, | ||
the coroner for the coroner’s district of Dublin shall direct that from the jurors then constituting the jury 12 jurors be selected to retire and consider the verdict in the Stardust inquest. | ||
(6) The selection of jurors to retire and consider the verdict at a Stardust inquest pursuant to a direction under subsection (5) shall be made by balloting in public at the inquest. | ||
(7) Where a ballot is held pursuant to subsection (6)— | ||
(a) a juror who is selected shall retire to consider the verdict in the Stardust inquest concerned, and | ||
(b) a juror who is not selected shall be discharged by the coroner for the coroner’s district of Dublin. | ||
(8) A jury which has been selected pursuant to subsection (6) to retire and consider the verdict at a Stardust inquest shall continue to constitute the jury for the purposes of the inquest and that inquest shall proceed and a verdict may be found accordingly. | ||
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Discharge of juror | ||
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59. (1) Whenever in the course of a Stardust inquest a juror dies or is discharged by the coroner for the coroner’s district of Dublin owing to his or her being incapable through illness or any other cause of continuing to act as a juror, or under subsection (2) or section 54 (9), the jury shall, unless the coroner otherwise directs or the number of jurors is thereby reduced below 6, be considered as remaining properly constituted for all the purposes of the inquest and the inquest shall proceed and a verdict may be returned accordingly. | ||
(2) In a Stardust inquest, the coroner for the coroner’s district of Dublin may at any stage direct that any person summoned or sworn as a juror shall not serve, or shall not continue to serve, as a juror if the coroner considers that, for any stated reason, it is desirable in the interests of justice that he or she should give that direction. | ||
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Failure of jury to agree | ||
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60. If the jury at a Stardust inquest fail to agree on a verdict, the following provisions shall have effect: | ||
(a) if a majority of the jury agree on a verdict, the verdict shall be accepted by the coroner for the coroner’s district of Dublin, and | ||
(b) in any other case, the coroner for the coroner’s district of Dublin shall discharge the jury and may hold a new inquest. | ||
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Jury service by employees and apprentices | ||
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61. (1) For the purposes of any contract of service or apprenticeship or any agreement collateral thereto (including a contract or agreement entered into before the passing of this Part), a person shall be treated as employed or apprenticed during any period when he or she is absent from his or her employment or apprenticeship in order to comply with a jury summons. | ||
(2) Any provision contained in any such contract or agreement shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of the payment of salary or wages to the employee or apprentice during any such absence. | ||
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Offences | ||
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62. (1) Any person who, having been duly summoned as a juror under this Part, fails without reasonable excuse to attend in compliance with the jury summons or to attend on any day when required by the coroner for the coroner’s district of Dublin shall be guilty of an offence and shall be liable on summary conviction to a class E fine. | ||
(2) A person shall not be guilty of an offence under subsection (1) in respect of failure to attend in compliance with a summons unless the jury summons was served at least 28 days before the date specified therein for his or her first attendance. | ||
(3) A juror who, having attended in pursuance of a jury summons, is not available when called upon to serve as a juror at a Stardust inquest, or is unfit for service by reason of drink or drugs, shall be guilty of an offence and shall be liable on summary conviction to a class E fine. | ||
(4) If any person who has been duly summoned as a juror under this Part makes or causes or permits to be made on his or her behalf a false representation to the county registrar or any person acting on his or her behalf, or to the coroner for the coroner’s district of Dublin, with the intention of evading service on the jury at a Stardust inquest, he or she shall be guilty of an offence and shall be liable on summary conviction to a class E fine. | ||
(5) If any person makes or causes or permits to be made on behalf of another person duly summoned as a juror a false representation in order to enable that other person to evade service on the jury at a Stardust inquest, he or she shall be guilty of an offence and shall be liable on summary conviction to a class E fine. | ||
(6) If any person refuses without reasonable excuse to answer, or gives an answer known to him or her to be false in a material particular, or recklessly gives an answer that is false in a material particular, when questioned by the coroner for the coroner’s district of Dublin for the purpose of determining whether that person is qualified to serve as a juror at a Stardust inquest, he or she shall be guilty of an offence and shall be liable on summary conviction to a class E fine. | ||
(7) Any person who serves on the jury at a Stardust inquest knowing that he or she is ineligible for such service shall be guilty of an offence and shall be liable on summary conviction to a class E fine. | ||
(8) Any person who serves on the jury at a Stardust inquest knowing that he or she is disqualified from such service shall be guilty of an offence and shall be liable on summary conviction to a class C fine. | ||
(9) Any person who, on being called upon to be sworn as a juror under this Part, refuses to be sworn in a manner authorised by this Part or otherwise by law shall be guilty of an offence and shall be liable on summary conviction to a class E fine. | ||
