Law « Thurles Information

Gardaí Seize Cocaine In Clonmel, Co. Tipperary.

This morning, December 7th, 2021, in Clonmel, Co. Tipperary, Gardaí from the District Drugs Unit, the Detective Branch and Regular units conducted a search under warrant, at a house in Clonmel town Co. Tipperary.

Cocaine with an estimated street value of over €2,500 euro was seized during this search operation.

A male in his 20’s was arrested and is currently detained under Section 4 of the Criminal Justice Act 1984.

Cabinet Approves Nomination For Chairperson Of Garda Síochána Ombudsman Commission.

Government agree to nominate Judge Rory MacCabe as a member of and the next chairperson of the Garda Síochána Ombudsman Commission.
Judge MacCabe also nominated by Government for appointment to the High Court
His appointment to GSOC will be made by the President following nomination by the Government and the Oireachtas. Judge Rory MacCabe was called to the Bar in 1984 and admitted to the Inner Bar in 1999. He was appointed to the Circuit Court in 2007. Prior to joining the Bar he was a Civil Servant.
The Term of Office of the current Chair, Ms Justice Mary Ellen Ring, ends on 11th December 2021.

The Minister for Justice, Mrs Helen McEntee TD, has today received the approval of the Government for the nomination of Judge Rory MacCabe as a member of the Garda Síochána Ombudsman Commission (GSOC) and as its next Chairperson. The nomination follows a selection process which sought expressions of interest from serving or retired judges to fill the role of Chairperson upon the completion of the term of office of the current Chairperson.

The Garda Síochána Act 2005 provides that the GSOC chairperson and commissioners are appointed by the President on the nomination of the Government, following resolutions in the Dáil and Seanad. The Hon. Ms Justice Mary Ellen Ring, a High Court judge, is GSOC’s current Chairperson; her term of office is due to end on 11 December 2021. She will now return to the High Court.

Minister McEntee said,

“The nomination of Judge Rory MacCabe follows an assessment process conducted by a selection committee established by the Chief Justice; to identify suitable candidates to be appointed to the position of Chairperson of GSOC. I am delighted to be able to nominate a person of Judge MacCabe’s experience and calibre to this important body. In light of the significance of the role of the Chair of GSOC and the recent precedent, I have also received the approval of the Government to nominate Judge MacCabe to the High Court.

I will now arrange for the necessary resolutions to be moved in the Oireachtas recommending his appointment as Chair of GSOC by the President.

I would like to express my sincere gratitude to the outgoing Chairperson, the Hon Ms. Justice Mary Ellen Ring. Over the last six years, Ms Justice Ring has served with distinction as Chairperson, providing strong and effective leadership to the organisation and has ensured that its reputation as an independent, impartial investigator of complaints against members of An Garda Síochána, has been enhanced”

Minister McEntee Announces Scheme To Regularise Undocumented Migrants.

A once-in-a-generation scheme will be open to those who don’t have a current permission to reside in Ireland.
Scheme will open online for applications in January with applications accepted during 6 month window.
Applicants must have a period of 4 years undocumented residence in the State, or 3 years in the case of those with children.
Successful applicants will receive immigration permission, access to the labour market and can begin path to citizenship.

The Minister for Justice, Mrs Helen McEntee TD, has today announced that the Government has approved a scheme to regularise thousands of undocumented migrants and their families who are living in Ireland.

The scheme, which is a key part of Minister McEntee’s Justice Plan 2021, will be for long-term undocumented migrants and their eligible dependents, where the specific criteria is met.

It will enable eligible applicants to remain and reside in the State and to regularise their residency status.

There is no reliable data on the number of undocumented persons in the State but studies suggest there could be up to 17,000 undocumented persons including up to 3,000 children and that many could be in employment, although likely low paid employment.

Announcing the scheme, Minister McEntee said,

“I’m delighted that the Government has approved my proposal for this momentous, once-in-a-generation scheme.
Given that those who will benefit from this scheme currently live in the shadows, it is difficult to say how many will be eligible, but we are opening this scheme for six months from January to allow people come forward and regularise their status.
It will bring some much-needed certainty and peace of mind to thousands of people who are already living here and making a valuable contribution to our society and the economy, many of whom may be very vulnerable due to their current immigration circumstances.
As a result, they may be reluctant to seek medical assistance when ill, assistance from An Garda Síochána when they are the victim of a crime, or a range of other supports designed to assist vulnerable people in their times of need.
I believe that in opening this scheme, we are demonstrating the same goodwill and generosity of spirit that we ask is shown to the countless Irish people who left this island to build their lives elsewhere.”

People who are eligible under the scheme will:

Have a period of 4 years residence in the State without an immigration permission, or 3 years in the case of those with children on the date the Scheme opens for applications;
Be granted an immigration permission that allows for unrestricted access to the labour market; and
Have years of residence with that permission reckonable for the purposes of pursuing citizenship by way of naturalisation.
Those with an existing Deportation Order can apply, if they meet the minimum undocumented residence requirement.
Applicants must meet standards regarding good character and criminal record/behaviour and not pose a threat to the State.
Having convictions for minor offences will not, of itself, result in disqualification.

People with expired student permissions will also be able to apply.

Minister McEntee added,

“We know that regularisation programmes can yield import social benefits and improvements in economic living conditions and a reduction in the potential for exploitation in employment.
There are also economic benefits, both for the beneficiaries who are granted access to the labour market and who can benefit from a wider range of job opportunities, and for the State in terms of increased tax yields and social security contributions.
The scheme will include a parallel process to implement the recommendation included in the report of the Expert Advisory Group, led by Dr Catherine Day, by allowing international protection applicants who have an outstanding application for international protection and have been in the asylum process for a minimum of 2 years to apply.”

Outlining the rationale for this approach, Minister McEntee said:

“I am conscious of the recommendation made by the Expert Advisory Group, led by Dr Catherine Day, regarding people who have been in the protection process for two years or more.
In regularising those who are long-term undocumented in the State, the Government is keen to also ensure that we address any legacy asylum cases so that the new system envisaged under the White Paper can come into operation in 2024
I am committed to reducing processing times of both first instance decisions and appeals to 6 months respectively, which will ultimately benefit everyone in the protection process.”

The scheme was developed following a consultation process with key stakeholders including NGOs that work directly with people and families, who are in vulnerable immigration-related circumstances, as well as inter-Departmental and operational stakeholders.

The time-limited scheme will open for online applications in January 2022 and applications will be accepted for 6 months.

Minister McEntee Hosts ‘Virtual National Missing Persons Day’ Event.

The Minister for Justice, Mrs Helen McEntee TD, this morning hosted an online commemorative ceremony to mark the ninth annual national “Missing Persons Day”.

National Missing Persons Day is an all-Ireland day of commemoration, providing an opportunity for family members and friends of missing persons to remember their loved ones and to appeal to the public for any information that might be of assistance to An Garda Síochána.

Speaking at the virtual event, Minister McEntee said,

“While it saddens me greatly that another year has passed and we are not able to come together safely in person on this important day, I know that Missing Persons Day provides families and friends affected by the ambiguous loss of a loved one with comfort, hope and a sense of unity, no matter what the setting.
National Missing Persons Day provides an important platform to raise awareness of Ireland’s missing men, women and children. But it is also about ensuring that Ireland’s missing people are never forgotten.
I would like to encourage people who may have information about one of our missing people to come forward. Any information, even if it appears insignificant or irrelevant, has the potential to be important and valuable to both those investigating the disappearance of our missing persons, and the families and friends of missing persons.
I also want to encourage close family relatives of missing people who have yet to do so to provide a DNA sample for uploading to our national DNA database. The collection and subsequent matching of DNA samples from this database represents a key turning point in the identification of human remains in Ireland and has provided much longed-for closure for an increasing number of families.”

To mark national ‘Missing Persons Day’, an intimate, in-person ceremony is held each year, featuring spoken contributions from affected families, in addition to speeches from the Minister, the Garda Commissioner, and a number of other state or voluntary organisations.

However, as a result of the COVID-19 pandemic, this year’s Missing Persons Day was again marked by an online commemorative ceremony. This year’s ceremony was again compered by Barry Cummins and featured contributions from representatives of the Coroner Service and the Irish Coast Guard.

Addressing a number of recent positive developments in the justice sector, Minister McEntee said,

“In June this year, Minister Humphreys wrote to each coroner in the State, requesting that they send my Department details of all unidentified human remains within their coronial districts. Som 35 of 38 coroners have now submitted these returns, which are being collated by departmental officials and will be shared with the Missing Persons Unit, at the Garda National Protective Services Bureau for analysis.
From 2022 onwards, coroners will be asked to include details of any unidentified human remains reported to them in the preceding year, as part of a new statutory annual return to myself, as Minister for Justice. My Department will provide an ongoing annual update on any new cases to the Missing Persons Unit, to enable Gardaí to follow up with the individual coroners.”

The Minister concluded,

“Finally, I would like to thank all the families who will join us virtually this morning. National Missing Persons Day is first and foremost about the families and close friends of our missing people. This is a day to commemorate your missing loved ones and, today, we remember them with you.”

Ministers McEntee & Browne Welcome Law Enactment To Remove Problems Affecting Rights Of Way.

Land and Conveyancing Law Reform Act 2021 comes into effect today.
Averts ‘legal cliff-edge’ due to take effect immediately after 30th November.
Reforms law on prescriptive easements and profits à prendre.

The Minister for Justice, Mrs Helen McEntee TD, has today welcomed the passage and enactment of the Land and Conveyancing Law Reform Act 2021. The Bill completed its passage through both Houses of the Oireachtas on Wednesday 24th November, and was signed into law by the President on Friday 26th November.
The Act comes into operation today, Tuesday 30th November.

It repeals a number of changes to the law on prescriptive easements and profits à prendre, under the Land and Conveyancing Law Reform Act 2009, which were due to take effect on Wednesday 1st December.

‘Prescriptive easements’ are ones that have been acquired by prescription (that is, by long use as of right, where there is no written deed formally granting the right, or the written deed has been lost). Various legal conditions apply – in particular, the claimant must prove a minimum number of years of continuous use, as of right, in order to establish that she/he has acquired a prescriptive easement or profit à prendre. Twenty years was the usual period of use before the 2009 Act.

‘Profits à prendre’ are less common, and are private rights held by a person (not necessarily a property owner) over another person’s land (not necessarily a neighbour) that involve taking a natural product of the land (such as fishing or shooting rights, or certain traditional seaweed gathering rights).

The Minister said,
“I’m delighted to welcome the timely enactment of this urgent Act. It averts a legal cliff-edge that was due to occur on 1st December, when major changes to the law on private rights of way, and other prescriptive rights, were due to come into effect.

I know that those impending changes have been causing worry and stress to many people, with farmers and homeowners at risk of losing important rights that have been enjoyed for many years without dispute. This Act repeals those changes, and protects acquired rights and acquired years of use”.

Common examples of prescriptive easements include:

a right to use water or sewerage pipes, running under a neighbour’s land,
a right of support between adjoining buildings that have different owners,
a private right of way to access your home, or field, over a laneway that runs across your neighbour’s land.

The Minister continued,
“Legal terms such as ‘prescriptive easements’ or ‘profits à prendre’ can sound very remote and arcane (mysterious or secret) but in practice, these are issues that have very direct and practical consequences for many people.”

Serious concerns had been raised by stakeholders, including the Law Society and the Bar Council, about the changes that were due to take effect on December 1st 2021.

Minister of State Mr James Browne TD, who steered the legislation through the Seanad, added:-
“The Land and Conveyancing Law Reform Act 2009 was a major piece of reforming legislation, which repealed a large number of outdated laws and concepts, and modernised much of our land and conveyancing law.
However, after carefully considering the concerns raised by stakeholders about this particular chapter of the 2009 Act, it was clear that in this particularly complex legal area, the 2009 provisions were not working as intended.
I am grateful to the Law Society and the Bar Council, in particular, for their work to highlight these difficulties. I would also like to thank all the stakeholders who worked with my Department to develop the provisions of the Bill, and the Attorney General for the valuable legal advice and drafting expertise provided.“

As well as repealing the major changes due to take effect on December 1st 2021, under the 2009 Act, the Land and Conveyancing Law Reform Act 2021 provides that:-

claims to validate or register a prescriptive right that are already pending on 30 November (before the courts, or the Property Registration Authority) will continue to be decided as they were before 30 November (as transitional cases, they were decided under the law that applied before the 2009 Act);

periods of long use that were acquired before or during the years 2009 – 2021, will not be lost on November 30th, if no claim has been made, but can still be counted in a claim made after that date (the clock is not re-set);

new claims (brought after 30 November 2021) will largely be decided under the judge-made law (the ‘doctrine of lost modern grant’) that applied before the 2009 Act. This reflects the strong preference expressed by stakeholders, who see these as the most satisfactory and familiar set of rules available, pending more detailed review;

it will still be possible to confirm a prescriptive right, either by applying to court or by registering it directly with the Property Registration Authority. But this will be optional, (as it was before the 2009 Act), rather than a mandatory requirement to avoid losing any rights acquired through long use.

Minister McEntee concluded,
“The Act addresses the most pressing need, by repealing the major changes due to take effect on 30 November, and thus removing the deadline.
However, more comprehensive reform may be required. The Government has agreed to establish a time-bound review to identify any further changes that are desirable to ensure that this area of law is placed on a sustainable long-term basis.
I hope that the review could start work early in the New Year, with a view to completing its work by the end of the summer.”