Law - Thurles Information

New Guidelines Published for Parents on Children’s Data Protection Rights.

The Data Protection Commission (DPC) has recently published four short guides for parents on children’s data protection rights under General Data Protection Regulations (GDPR). These guides are intended to help parents to understand their children’s rights and to answer questions that can arise in typical situations where those rights apply.

Protecting children’s personal data is an important priority for the DPC, and is one of the five strategic goals of our 2022-2027 Regulatory Strategy. The DPC has also published our ‘Fundamentals’ guidance on children’s data protection rights to help organisations provide the special protection required when they process children’s personal data. These guides are part of the DPC’s work to give effect to the goals stated those documents.

My child’s data protection rights – the basics
The above link outlines some of the issues that can arise when a parent seeks to exercise data protection rights on behalf of their child.

Children’s data and parental consent
The above link looks at the meaning of the ‘digital age of consent’ and outlines when parents’ consent may be needed for processing their child’s personal data, and how parents can approach those cases.

Protecting my child’s data
The above link is intended to help parents understand the rights that they have in relation to their children’s data and gives some useful advice on how to protect their children’s rights.

Finally: Are there any limits on my child’s data protection rights?
This above link shown outlines some important limits to how and when children’s data protection rights may be exercised, whether by children themselves or by parents on their behalf. It outlines some common situations where these can arise and suggests ways in which parents can address them.

The DPC hopes that these guides will be useful not just to parents and guardians, but also to educators and anyone interested in children’s safety and wellbeing online.

If you have any questions about anything you read in these guides, you can email or call the DPC and they will be happy to answer your questions. You can find more information about how to contact the DPC HERE.

Man Who Hid Cannabis At Thurles Railway Station Jailed.

Mr Keith Lonergan, aged 46, who hailed originally from Clonmel, Co. Tipperary, and who more recently resided at St. Lawrence’s Park, Garryowen, Co. Limerick, has been jailed by Judge John Martin at Nenagh Circuit Criminal Court.

Mr Justice Martin sentenced Mr Lonergan to four years in jail, with the final 18 months suspended.
A provision laid down in the sentencing was that Mr Lonergan must enter a bond of €100 to keep the peace; must co-operate with the prison services while in jail; on his release, to attend any meeting organised by the prison services, and to provide urine samples whenever asked while in incarcerated and on his release.

Mr Lonergan had been observed by Gardaí attempting to hide a bag containing cannabis behind a bin at Thurles Railway Station in North Co. Tipperary on March 24th, 2021, while in the company of another man.

The other male ran, attempting to make his escaped along the railway tracks, while Mr Lonergan was detained under the Misuse of Drugs Act. We understand the drugs located had an estimated retail value of almost €10,000.

A follow up search of Mr Lonergan’s home in Limerick uncovered further drugs valued at almost €2,500. Mr Lonergan having being interviewed by Gardaí on four different occasions, admitted possession of the drugs, on the date in question, and was subsequently charged with possession of the drugs same intended for sale or supply.

Mr Lonergan claimed that he had gone to Thurles to collect, carry and hold the cannabis; the agreement being part of a deal to repay a drug debt and that the other male actually owned the drugs.

Judge Martin said that he did not accept that Mr Lonergan was a mere pawn, but was an essential cog in the wheel serving a business that was causing havoc within Irish society.

Passing Of Courts Bill 2023 Through Houses Of Oireachtas Announced.

This legislation will allow for an increase of judges across all courts as recommended by the Judicial Planning Working Group earlier this year.

Earlier today, Minister Browne took the bill through Committee and Final stages in the Seanad. The Bill will now be referred to the President of Ireland to be signed into law.

A key recommendation arising from the report published by the Judicial Planning Working Group was to increase judicial numbers to ensure the efficient administration of justice over the next five years.

In February of this year, Minister for Justice, Mr Simon Harris received Government approval to appoint an additional 44 judges to the courts in Ireland by the end of 2024. An initial tranche of 24 will be appointed this year, followed by a further tranche of 20 subject to the implementation of reforms and efficiencies to the operation of the courts.

*Court*	Current as at 16/5/2033, Inc President.	*Phase 1*	*Phase 2*	Additional Phase 1 & Phase 2	*Future*
District Court	64	8	6	14	78
District Court	41	8*	6	14	52
High Court	45	6	6	12	57
Appeal Court	16	2	2	4	20
Sopreme Court	11	0	0	0	10
Total	177	24	20	44	217

* Three of these additional judicial positions have already been created in the Circuit Court under the Assisted Decision-Making (Capacity) (Amendment) Act, 2022.

Primary legislation was required to enable this increase, so the Courts Bill 2023 was drafted as a priority.

Speaking after the completion of the Bill’s passage through the Houses of the Oireachtas, Minister Browne said: “Ensuring that the Courts are resourced to administer justice efficiently and effectively is central to ensuring there is access to justice.
To continue to improve access to justice for all of our citizens, we will increase the number of judges in two phases, beginning with 24 additional judges this year. This increase in judicial resources was recommended by the Judicial Planning Working Group earlier this year and has been approved by government.
The Courts Bill 2023 will allow Government to significantly increase the number of judges. Not only will this enable the Courts Service to provide an efficient and fair service, it also paves the way for policy initiatives under the Programme for Government such as the establishment of a dedicated Planning and Environmental Court and for the provisions under the Family Law Bill.”

The Courts Bill 2023, when enacted, will allow for a maximum of 17, up from 16 judges to be appointed to the Court of Appeal; 48, up from 45 judges to be appointed to the High Court; 45, up from 41 judges to be appointed to the Circuit Court; and 71, up from 64 judges to the District Court.

Minister Browne added: “This substantial increase in judicial resources will be complemented by the ongoing implementation of the Courts Modernisation Plan.
My Department is committed to driving a modernisation and Digital First agenda across the entire Justice Sector. We will work with the Courts Service and the Judiciary to deliver a number of important commitments in the Programme for Government which will help ensure that we have a modern Courts Service.”

Resident Of Remar House, Thurles, Goes Forward To Next Sitting Of Limerick Circuit Court.

Mr John Campbell, aged 28 years, with an address at Remar Recovery House, Coalbrook Hse, Curraheenduff, Coalbrook, Thurles, Co. Tipperary has pleaded guilty to 52 charges of theft and fraud. His case will to go forward to the next sitting of Limerick Circuit Court.

Remar Recovery House, a Religious Organisation and Registered Charity, previously operated a second hand furniture shop on Mitchel Street, Thurles, Co. Tipperary.

Mr Campbell pleaded guilty to conning people and businesses out of almost €30,000 euro worth of goods; the offences, happening between September 2018 and January 2022. He conned his victims into parting with goods and services using stolen debit/credit cards or by making them believe that payments had been transacted through a fake phone application. The theft and fraud happened at filling stations; off licenses; hardware stores; licenced hostelries and restaurants.

Other of his deceptions included selling farm equipment on the website ‘Done Deal‘, with no delivery of any equipment purchased by clients; driving off from filling stations without paying for fuel and on one occasion the unauthorised taking of a car having signed a lease agreement for same car, latter valued at some €15,000 before cancelling lease payments the following day.

Judge Patricia Harney in granting bail, also granted free legal aid to Solicitor Mr Con Barry.

Justice Dept. Publishes Coronial Data On Unidentified Remains

Minister James Browne welcomes publication of data on unidentified remains
Details relating to 44 unidentified people contained in the report
Samples will be gathered, where possible, from those remains where no sample was taken at the time of burial and FSI will attempt to extract DNA from these samples
Any DNA profiles obtained will be compared with samples held on Ireland’s National DNA Database

The Department of Justice today published, for the first time, information on unidentified human remains provided by Coroners around the country.

There are currently approximately 856 unsolved missing persons cases live on the Garda Pulse system. While the vast majority of missing persons cases are resolved quickly, many can remain unsolved for long periods of time.

The Department of Justice is acutely conscious of the impact that a person going missing has on their family, friends and loved ones, and is committed to doing everything possible to ensure families have the best chance of having these cases resolved.

Advancements in DNA profiling have led to case breakthroughs in recent years. The provision of a DNA profile to Forensic Science Ireland by family members of a missing person can assist in solving unidentified bodies and missing person cases.

With this in mind, in December 2022, Coroners were asked to return updated details of any unidentified remains for their coronial district as part of their annual statutory returns to the Minister for Justice. Minister McEntee committed to publishing this data once collated. Today, the Department of Justice is publishing the information returned by the Coroners, which may assist in the identification of the remains, for the first time.

The Department established a Forum in July 2021 alongside An Garda Síochána’s Missing Persons Unit and Forensic Science Ireland (FSI) to facilitate information exchange on unidentified remains. The Unidentified Remains database has been compiled following an analysis of Coroners records.

The data published today comprises 44 records. DNA profiles for 28 Unidentified Remains are on the National DNA Database. The Department of Justice intends to arrange for samples of the remaining 16 unidentified remains to be attained where possible, and FSI will attempt to extract DNA from these samples and upload DNA profiles to the National DNA Database. Given the complexities associated with historical remains, this process is expected to take some time to complete.

While the data being published today comprises the first full list of unidentified remains, additional cases may come to light. As a result the Department intends to publish updates to the unidentified remains data on an annual basis.

Commenting on the publication of the coronial returns Minister Browne said: “Today, as details of unidentified remains are published for the first time, we remember in particular the families and friends of missing people in Ireland and recognise the ongoing pain suffered and the lack of closure in the absence of the remains of their loved ones.

I know that the families of missing people have long called for the release of this information. We have listened to that request and I welcome the publication of that data today. It is important to say that this will not have been an easy task for coroners, given many of these files pre-date digitisation and would have required a physical trawl. I thank the coroners for their co-operation, and hope that the release of this information may assist in the identification and location of missing family members.

Importantly, there may be something contained in the information released today that triggers a memory or rings a bell with any one of us. If you or someone you know has any information that might assist in solving a missing person case, I would urge you to report it to An Garda Síochána. It’s never too late, and any information provided to An Garda Síochána may help those suffering the loss of their missing loved one to find some answers.”

Detective Chief Superintendent Colm Noonan, of An Garda Síochána said: “An Garda Síochána recognises the lasting sense of trauma for the families and friends of those who have gone missing. In 2018, An Garda Síochána commenced a substantial body of work in relation to unidentified human remains and this work continues to date.

An Garda Síochána are part of a working group which was established by the Department of Justice to explore the creation of an Unidentified Remains Database with representatives from the Department of Justice, Forensic Science Ireland and the State Pathologists Office.

Operation Runabay which was established in 2017 by the Missing Persons Unit, has a particular focus on advancing the investigation of cases involving unidentified persons discovered along the western coast of the United Kingdom. In recent years, the Missing Persons Unit has expanded this operation to include greater co-operation with the British National Crime Agency and other neighbouring jurisdictions, exchanging information related to missing persons and unidentified human remains both at home and in other jurisdictions.

As a member of the Maritime Missing Persons Expert Group, An Garda Síochána can circulate alerts to a number of countries enabling faster conveyance of information of unidentified remains.

An Garda Síochána and Forensic Science Ireland have worked in partnership over the past number of years to deliver a DNA testing facility for the families of missing persons. This service was available to the families of missing persons at the National Missing Persons Day ceremony in December 2022 and is available for any family of missing persons to engage with An Garda Síochána.”

Mr Chris Enright, Director of Forensic Science Ireland said: “Forensic Science Ireland continues to work closely with the Missing Persons Bureau of An Garda Síochána. In 2022 FSI assisted in 74 Missing Persons cases where DNA reference samples from family members were submitted to FSI for DNA profiling and uploaded to the National DNA Database. FSI assisted in the identification of 12 Missing Persons in 2022. Forensic Science Ireland remains committed to continuously developing the science and technology available in support of Missing Person investigations.”

Queries about the information contained in the data published, including the current location of any unidentified remains, should be directed to the relevant Coroner.

The datasheet on unidentified remains can be found HERE.