Law « Thurles Information

Update On Work To Disregard Historic Convictions Of Gay & Bisexual Men.

Minister McEntee publishes update on work to disregard certain historic convictions of gay and bisexual men.

Final round of targeted public consultation to launch in coming weeks on key issues identified by Group.
Consultation will allow representative organisations and affected people to share their lived experience and inform Group’s final deliberations.

The Minister for Justice, Mrs Helen McEntee TD, has today published a progress report from the Working Group to Examine the Disregard of Convictions for Certain Qualifying Offences Related to Consensual Sexual Activity between Men.

Publishing the progress report, Minister McEntee said:

“The Victorian-era laws which were repealed by the Criminal Law (Sexual Offences) Act 1993 caused immeasurable harm to generations of gay and bisexual men, criminalising and stigmatizing them simply because of their sexual orientation.

I am very conscious that nearly 30 years later, the damage that was caused by these laws continues to impact negatively on too many people’s lives. While this harm can never be fully undone, I am strongly committed to bringing to Government and publishing a scheme to disregard convictions for qualifying offences prior to decriminalisation in 1993.

I would like to thank the members of the Working Group for the important work which they are doing in considering a range of complex issues relating to the development of such a scheme. I have decided to publish this progress report in order to highlight the good progress made to date and to draw attention to the key issues identified which both the group and I believe would benefit from a final round of targeted public consultation prior to finalisation of our proposals.

I would encourage all those with an interest in this subject to read the progress report and to engage in the public consultation, which will launch in the coming weeks.”

The Working Group consists of representatives from the Department of Justice, An Garda Síochána, the Irish Human Rights and Equality Commission (IHREC), the Office of the Attorney General and three members of the LGBTI+ community with expertise in this area.

The report identifies progress made by the group to date on a number of key issues, as well as proposed next steps. Some of these key issues include identifying appropriate records, what happens to records, criteria for a conviction to be eligible for a disregard, and offences to be included under the disregard scheme.

Among the interim recommendations of the group is that the term ‘disregard’ replace the term ‘expungement’ in all relevant communications, pending final recommendations. An approach that involves entirely removing or destroying records of unjustly applied offences would not be considered appropriate due to it eliminating records and therefore evidence of such injustice. It would also frustrate the efforts of researchers and historians to explore the relevant topic in the future. For this reason, the Working Group strongly recommends a ‘disregard’ rather than ‘expungement’ (destruction) approach to relevant records.

The purpose of the proposed public consultation is to allow representative organisations and affected people to provide input, based on their lived experience, on a number of key issues identified by the Working Group as requiring further input from affected communities, which will inform the Group’s final deliberations, and ensure more effective policy making and implementation.

The public consultation will be launched in the coming weeks. As set out in Justice Plan 2022, the final report of the Working Group is scheduled for submission to the Minister by the end of Q3, 2022, subject to the conclusion and outcome of the consultation process.

Tipperary Take-Away Operator Jailed For Lack Of Food Controls & A Closure Order.

The Food Safety Authority of Ireland (FSAI) have welcomed the outcome of a District Court prosecution yesterday, taken against Mr Domenico Venditti, the former operator of the Domenico Take-Away, in Newcastle village, Co. Tipperary.

The District Court prosecution in Clonmel arose from four separate breaches of a Closure Order and other offences observed at the premises. The Closure Order was served on September 8th 2021 in relation to non-compliance with food legislation, with Mr Venditti pleading guilty to a total of nine charges brought by the Food Safety Authority of Ireland. These included:-

Inadequate procedures to control pests.
Failure to keep the premises clean.
Failure to protect food against contamination.
Holding foods at unsafe temperatures.
Lack of adequate hand washing facilities.
No evidence of regular hand washing.
Failure to keep the premises clean on September 8th, 2021 in breach of the EC (Hygiene of Foodstuffs) Regulations, 2006.
Failure to comply with a Closure Order on September 17th, 2021.
Failure to comply with a Closure Order on September 10th, 2021.

The Court found that the premises was run in an unhygienic way and expressed significant concern that Mr Venditti continued to trade in breach of the Closure Order, showing blatant disregard for the function of the FSAI.

The Court imposed the following penalties:-
Failure to keep the premises clean – Imprisonment for a term of three months.
Failure to comply with a Closure Order (17th September 2021) – Imprisonment for a further term of three months to run consecutively with the sentence imposed above.
Failure to comply with a Closure Order (10th September 2021) – Fine of €500 to be paid within 12 months.
Mr Venditti was also ordered to pay €2,500 towards the FSAI’s court costs.

Speaking following court proceedings, Dr Pamela Byrne (Chief Executive, FSAI) stated: “The ruling today sends a strong message to food businesses that non-compliance with food safety legislation will not be tolerated under any circumstances. Consumers have a right to safe food and today’s ruling has a positive outcome for consumers in Ireland”.

St. Patrick’s Borstal Institution Tipperary.

Jail *(Gaol)* Gate, Clonmel, Co. Tipperary.

Recently (April 20th 2022) we here at Thurles.Info featured an article entitled “Official Opening Of New “Horses of Hope” Equine Centre At Castlerea Prison”, which is expected to play an important part in the rehabilitation of prisoners, thus preventing same from reoffending on their eventual release. Read article HERE.

History recalls the setting up of a rather similar type of institution here in Co. Tipperary, same first established back in 1906.

Ireland’s first and indeed only Borstal institution, known as St. Patrick’s Borstal Institution was located in the centre of Clonmel, Co. Tipperary, as a place of detention for young male offenders, aged between 16 and 21. Most of whom were detained for offences including larceny, house-breaking, assault, animal theft and a low number of sexual crimes.

This Clonmel borstal institution provided boy inmates with continued support, same affected by the then existing “Borstal Association of Ireland”.
Following on from their release, the aforementioned association provided help and advice in finding employment, with this aftercare proving to be extremely successful, demonstrated by the small numbers of boys relapsing back into crime, following on from their release.

The Clonmel Borstal was first established following the recommendations of the 1895 “Report of the Departmental Committee on Prisons”, latter more generally known as the “Gladstone Committee”.

The institution was modelled on an innovative approach to young-offender reform, then being developed at a similar facility in the town of Borstal near Rochester, Kent, England, then begun in 1901.

This Clonmel, Co. Tipperary institution was designed to be “educational rather than punitive (intended punishment)”, but it was highly regulated, with a focus on routine, discipline and authority during its early years. However, in cases of mutiny or assaulting a prison officer, corporal punishment was officially available in the form of a birch rod, typically applied to the recipient’s bare buttocks, but only with the consent of a magistrate in attendance.

In Clonmel, to establish this borstal it was necessary to acquire all of the old prison grounds, with older or adult prisoners then serving sentences, transferred to other existing prison institutions.

The Prevention of Crime Act 1908 envisaged that youths aged between 16 and 21, who were charged with serious offences could undergo a programme of discipline intended to rehabilitate them, while segregating minors from the influence of adult prisoners.

The average number of inmates at Clonmel Borstal, at any given time, is understood to have been about 50 in number. Only about half of these had been sent directly by a court. The others were transferred by Ministerial order from their ordinary prisons. The regime in Clonmel allowed a level of trust to develop between the staff and detainees. At the discretion of the acting Governor, the boys could be allowed out into the town to seek employment.

The Clonmel borstal was an obvious recruiting ground for the British army. Magistrate Mr Justice Thomas Moloney, while attending the Spring 1919 Court of Assizes in Clonmel, paid tribute to some 424 inmates that he estimated were enlisted to fight. He further claimed that around seventy of these boys had made the “supreme sacrifice”.

In 1922, when the civil war began in Ireland, the institution was commandeered for military purposes and inmate boys were moved to Clogheen workhouse, Co. Tipperary.

By the mid-1950s the numbers of inmates had declined and with fewer coming from Dublin, it was decided to close the facility in Clonmel.
On December 1st 1956, 50 years after its initial foundation, the Irish borstal institution vacated Clonmel for the last time.

Eight Men Appear In Thurles District Court Accused Of Serious Assault.

Eight men, including two brothers, have appeared in Thurles District Court today, with each of the accused men charged with violent disorder, while one of the eight is further charged with assault causing serious harm.

The assault followed an incident in Upperchurch, Thurles, Co. Tipperary on the night of June 27th, 2021, which led to a 19-year-old man, named as Mr Ross Whelan, receiving serious injuries, which resulted in the victim being rushed to Cork University Hospital.

The accused youths, several of whom were accompanied to court, by family members, were all remanded on bail after being charged.

The accused are named as apprentice Mr Aaron Breen, aged 20, of Freaghduff, Cashel; student Mr Brian O’Dwyer, aged 19, of Price’s-Lot, Cashel; apprentice carpenter Mr Sean Ryan, aged 19, of Beech View in the Commons; Mr Joseph Burke, aged 18 and his brother Mr Patrick Burke, aged 19, of Roskeen, Drombane; apprentice electrician Mr Joseph O’Donoghue, aged 20, of Drombane Cross, Mr Aidan Slattery, aged 20 of Ballycahill, Thurles, Co. Tipperary, and Mr AJ Shanahan, aged 20, latter with an address in Seskin, Thurles, Co. Tipperary.

Above named Mr Patrick Burke also stands accused of the additional offence of assault causing serious harm to a named individual at the same location and on the same date.

Additional bail conditions were added for each of the accused including that those with addresses in Cashel will have no contact directly with their co-accused living outside the Cashel area, as well as remaining away from the Upperchurch area.

Judge Ms Elizabeth McGrath, informed each of the men of their bail conditions, before they entered their own bond of €500.

Each of the defendants have been ordered to appear before Thurles District Court again on September 17th next, for service of the books of evidence, which Gardaí confirm contains some five volumes of material in the case.

Extension Of 5-year Multi Entry Short-Stay Visa Option To Visa Required Countries.

The Minister for Justice, Mrs Helen McEntee TD, has today announced the extension of the 5-year, multi entry, short-stay visa option to all visa required countries.

Announcing the change Minister McEntee stated: “The availability of 5-year multi entry short stay visas to eligible applicants from all visa required countries is a very positive measure. It will enable people who visit Ireland regularly, for business or family reasons in particular, to make one application, which when granted, will then cover travel over a five year period.
This will make travelling to Ireland a more convenient and attractive option at a time when travel worldwide is resuming and our tourism industry, in particular, is reopening following the impact of the COVID 19 pandemic.”

Up to now, Ireland has offered 1 year, 2 year and 3 year multi-entry visas, with the option of a 5 year multi-entry visa only available to Chinese passport holders (introduced in 2019). This eligibility has now been extended to all visa required countries.

In general, multi entry visas are only issued to an applicant who has shown a compliant Irish travel history. With the new changes being announced by the Minister today, people who have frequent travel to the UK, Schengen zone, USA, Canada, Australia or New Zealand, and have observed the conditions of those visas will also be able to apply for the option of a multi-year visa (of any duration from 1 to 5 years), even if they have no previous Irish travel history.

A multi entry visa may also be approved for some business travellers, under certain conditions, who have no previous travel history to Ireland.
A multi entry visa permits the holder to travel to Ireland on a number of occasions during the dates shown on the visa.
The standard single entry visa option also remains available.
As with all visa applications, the granting of a multi-entry visa is at the discretion of the relevant Visa Officer.

Prior to this announcement, the majority of short stay visa applicants could apply only for a maximum of a 3 year multi entry visa.

For a person with no previous travel history to Ireland, a multi entry visa may be approved in circumstances where the person:

Needs to travel regularly to Ireland on short visits for business meetings.
While in Ireland on business, needs to travel to another country, returning to Ireland for further meetings, or onward travel, or is travelling to and from another country, via Ireland.

Current visa fees
Single entry – Short stay ‘C’ visa = €60.
Multiple entry – Short stay ‘C’ visa = €100.