Frances Fitzgerald: Minister for Justice and Equality, 2014–2017

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Frances Fitzgerald was appointed Minister for Justice and Equality on 8 May 2014. She became Tánaiste on 6 May 2016, while retaining Justice and Equality, and remained in the portfolio until 14 June 2017 when she moved a Minister to the Department of Business, Trade & Enterprise.

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The central themes of the period were:

• rebuilding public confidence in policing and Garda accountability;

• reforming the law on sexual and domestic violence;

• implementing marriage equality and advancing LGBTI rights;

• reforming asylum, immigration and Direct Provision;

• strengthening victims’ rights;

• modernising family, civil and criminal law;

• advancing gender equality;

• reforming prisons, probation and offender management;

• increasing access to justice and assistance for people in mortgage arrears.

 

OVERVIEW

As Minister for Justice and Equality from May 2014 to June 2017, Frances Fitzgerald led a wide-ranging programme of reform across policing, criminal justice, equality, family law, immigration and human rights.

She established the independent Policing Authority, initiated the Commission on the Future of Policing and oversaw the Garda Modernisation and Renewal Programme. Her legislative programme included the Irish Human Rights and Equality Commission Act, the Children and Family Relationships Act, the Legal Services Regulation Act, the Assisted Decision-Making (Capacity) Act, the International Protection Act and the Criminal Law (Sexual Offences) Act.

Following the 2015 referendum, she brought the Marriage Act into operation, enabling the first same-sex marriages in Ireland. She also reformed section 37 of the Employment Equality Acts, strengthening protection for LGBTI employees in religious-run institutions.

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A central priority was combating domestic, sexual and gender-based violence. She launched the Second National Strategy on Domestic, Sexual and Gender-Based Violence, introduced the Domestic Violence Bill and brought forward legislation criminalising the purchase of sexual services while decriminalising those exploited in prostitution.

Her term also saw the closure of St Patrick’s Institution, ending the detention of children in the adult prison system; the introduction of the single international-protection procedure; implementation of reforms arising from the McMahon review of Direct Provision; expansion of protections for children and families in the protection system; and the development of refugee-resettlement and humanitarian-admission programmes.

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She launched the National Strategy for Women and Girls, advanced the National Traveller and Roma Inclusion Strategy and the Migrant Integration Strategy, and was Minister when the State formally recognised Traveller ethnicity.

Other initiatives included the Abhaile mortgage-arrears advice and legal-support service, personal insolvency and bankruptcy reform, the Joint Agency Response to Crime programme, the establishment of the Charities Regulator, cybercrime legislation, strengthened proceeds-of-crime laws and a second National Action Plan to combat human trafficking.

 

1. Principal legislation enacted

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Irish Human Rights and Equality Commission Act 2014

One of the first major enactments completed in the portfolio.

The Act established the Irish Human Rights and Equality Commission, merging the former Human Rights Commission and Equality Authority into a stronger, independent body.

Its importance included:

• a wider human-rights and equality mandate;

• greater institutional independence;

• powers to assist individuals and conduct inquiries;

• the introduction of the public-sector equality and human-rights duty;

• a requirement on public bodies to consider equality and human rights in their policies, plans and services.

The new Commission formally came into existence on 1 November 2014.  

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Court of Appeal Act 2014 and establishment of the Court of Appeal

Following the constitutional referendum approving a new appellate court, the legislation and commencement orders put the Court of Appeal into operation in October 2014.

The reform addressed the severe backlog in the Supreme Court and represented one of the most important structural changes to the Irish courts system in decades. Frances Fitzgerald signed the commencement measures required to bring the new court into operation.  

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Children and Family Relationships Act 2015

This was a major modernisation of Irish family law, although parts of the original Bill were reassigned between Departments during its development.

The legislation:

• recognised the diversity of contemporary families;

• reformed guardianship, custody and access;

• strengthened the principle that the child’s best interests must be central;

• gave certain non-marital parents, civil partners, relatives and people acting in loco parentis greater legal standing;

• introduced a framework for donor-assisted human reproduction;

• facilitated adoption by civil partners and, following marriage equality, same-sex married couples.

It was an important bridge between children’s rights reform and marriage equality.

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Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015

This legislation established the independent Policing Authority, one of the most significant reforms of policing accountability in the history of the State.

The Authority was given responsibilities including:

• overseeing Garda performance;

• approving or monitoring policing priorities and plans;

• nominating or participating in the appointment of senior Garda officers;

• holding the Garda Commissioner publicly to account;

• promoting ethics, professionalism and public confidence.

The Policing Authority was formally established on 1 January 2016.  

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Legal Services Regulation Act 2015

This Act substantially reformed the regulation of solicitors and barristers.

It:

• established the independent Legal Services Regulatory Authority;

• introduced an independent complaints structure;

• provided for new business models for legal practitioners;

• strengthened transparency around legal costs;

• reduced reliance on professional bodies regulating their own members;

• provided a framework for legal-cost adjudication.

Frances Fitzgerald commenced key provisions and established the new Authority during her term.  

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Assisted Decision-Making (Capacity) Act 2015

A landmark human-rights reform that replaced the traditional wardship model with a modern system based on a person’s will, preferences and decision-making ability.

The legislation:

• moved away from an “all or nothing” test of mental capacity;

• provided different levels of decision-making support;

• created the Decision Support Service;

• introduced decision-making assistants, co-decision-makers and representatives;

• provided for advance healthcare directives;

• laid the foundation for abolishing adult wardship.

 

Frances Fitzgerald commenced the initial institutional provisions in October 2016.  

International Protection Act 2015

This Act replaced Ireland’s previous sequential asylum process with a single procedure for examining:

• refugee status;

• subsidiary protection;

• permission to remain.

The purpose was to reduce prolonged delays, repetitive appeals and the number of years families and children spent awaiting decisions.

It also restructured the former Refugee Applications Commissioner and Refugee Appeals Tribunal into:

• the International Protection Office;

• the International Protection Appeals Tribunal.

The Act was a central legislative response to the long-standing delays associated with the Direct Provision system.

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Marriage Act 2015

Following the referendum of 22 May 2015, the Marriage Act gave statutory effect to marriage equality.

It:

• enabled two people to marry without distinction as to sex;

• amended existing marriage legislation;

• dealt with recognition and registration;

• permitted existing civil partners to marry;

• ensured that the first same-sex marriages could take place from 16 November 2015.

Frances Fitzgerald signed the commencement order bringing the Act into operation on that date.  

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Equality (Miscellaneous Provisions) Act 2015

This Act strengthened Irish equality legislation, particularly by restricting the scope of the religious-ethos exemption under section 37 of the Employment Equality Acts.

Its significance was that employees in religious-run schools and hospitals received stronger protection against discrimination, including discrimination connected with:

• sexual orientation;

• family status;

• civil status;

• gender identity.

The reform was especially important to LGBTI teachers and healthcare workers.

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Prisons Act 2015

The Act facilitated the closure of St Patrick’s Institution as a place of detention for children and young adults.

The remaining provisions were commenced in 2017, and a formal closing order was made in April 2017.  

This marked the culmination of a major policy objective: ending the detention of children in the adult prison system and transferring responsibility for detained children to the Oberstown children detention campus.

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Criminal Justice (Burglary of Dwellings) Act 2015

The legislation addressed repeat residential burglary and enabled courts to:

• refuse bail in certain circumstances where an accused person had previous burglary convictions;

• impose consecutive sentences for multiple dwelling burglaries.

It formed part of a wider response to organised and repeat burglary, particularly in rural communities.

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Personal Insolvency (Amendment) Act 2015

This reform introduced an important court review mechanism where a creditor—often a mortgage lender—rejected a proposed Personal Insolvency Arrangement.

It strengthened the position of distressed borrowers and supported the objective of keeping people in their family homes where a sustainable arrangement was possible.

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Bankruptcy (Amendment) Act 2015

The Act reduced the normal bankruptcy period from three years to one year, while retaining provisions allowing extended restrictions in cases involving non-cooperation or misconduct.

It represented an important move away from a punitive model of personal insolvency towards rehabilitation and a reasonable “second chance”.

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Criminal Justice (Terrorist Offences) (Amendment) Act 2015

This strengthened the State’s ability to address:

• terrorist recruitment;

• training;

• travel for terrorist purposes;

• financing and organisation.

It formed part of Ireland’s implementation of international and European counterterrorism obligations.

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Proceeds of Crime (Amendment) Act 2016

The legislation enhanced the operation of the proceeds-of-crime regime and the work of the Criminal Assets Bureau.

Among its effects, it lowered the value threshold applicable to certain property targeted under proceeds-of-crime legislation, making it possible to pursue more assets linked to criminal conduct. Frances Fitzgerald commenced the Act in August 2016.  

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Criminal Law (Sexual Offences) Act 2017

One of the defining legislative achievements of the portfolio.

The Act introduced wide-ranging reforms concerning:

• sexual exploitation of children;

• child pornography and grooming;

• use of information technology to facilitate sexual offences;

• incest and sexual acts with protected persons;

• evidence and procedural protections;

• the purchase of sexual services;

• exploitation and trafficking.

 

The Equality Model

Part 4 criminalised the purchase of sexual services, while ensuring that the person selling sexual services was not criminalised merely for selling.

This placed legal responsibility on the purchaser and reflected the view that prostitution is closely connected with:

• gender inequality;

• sexual exploitation;

• trafficking;

• violence against women.

The reform is often described as the Equality Model or Nordic Model.

The Act also provided stronger protection for children and vulnerable people and updated laws that had become outdated due to technological change.

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Criminal Justice (Offences Relating to Information Systems) Act 2017

Ireland’s principal cybercrime legislation created offences concerning:

• unlawful access to information systems;

• interference with systems or data;

• interception of data;

• use or possession of tools designed for cyber offences.

It implemented the relevant EU directive on attacks against information systems and came into force on 12 June 2017.

 

Bail Act 2017

The Bail Act introduced measures to make the operation of bail more effective, including:

• increased use of conditions;

• requirements concerning addresses and contact details;

• provisions supporting electronic monitoring;

• stronger consequences for breaches of bail;

• improved exchange of information.

The legislation was intended to strengthen public protection while maintaining constitutional safeguards.

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Criminal Justice (Suspended Sentences of Imprisonment) Act 2017

This legislation repaired the statutory framework governing suspended sentences following constitutional difficulties identified by the courts.

It clarified the procedures to be followed where a person allegedly committed a further offence during the period of a suspended sentence.

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Courts Act 2016 and Courts Act 2017

These measures dealt with judicial numbers, court administration and related procedural matters. Frances Fitzgerald signed commencement orders for provisions of both Acts.  

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2. Major Bills initiated or substantially advanced

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Domestic Violence Bill 2017

Frances Fitzgerald published and brought the Domestic Violence Bill through its early Oireachtas stages. She described its purpose as consolidating and reforming the law on domestic violence.  

The Bill was subsequently enacted as the Domestic Violence Act 2018.

Its major elements included:

• emergency barring orders;

• stronger safety and barring order provisions;

• improved court protections;

• recognition of the impact of domestic violence on children;

• restrictions on personal cross-examination of victims;

• protection against forced marriage;

• the new offence of coercive control;

• measures necessary to support ratification of the Istanbul Convention.

The coercive-control offence was added during the later passage of the legislation, but the underlying consolidation and reform project was initiated under Frances Fitzgerald including the provision of coercive control where she sought Attorney General advice on introducing it.

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Criminal Justice (Victims of Crime) Bill

The work to transpose the EU Victims’ Rights Directive was developed during her term.

The resulting Criminal Justice (Victims of Crime) Act 2017, enacted later in 2017, established statutory rights to:

• information;

• interpretation and translation;

• individual assessment;

• protection from secondary victimisation;

• updates on investigations and proceedings;

• access to victim-support services.

The operational preparations and much of the legislative policy were undertaken while she was Minister.

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Mediation Bill

The Mediation Bill was published and advanced during her period in Justice and was enacted as the Mediation Act 2017 after she had moved Departments.

It promoted mediation as an alternative to litigation and required solicitors, in appropriate cases, to advise clients to consider mediation before commencing court proceedings.

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Judicial Appointments Commission Bill 2017

The Bill proposed a new Judicial Appointments Commission to replace the Judicial Appointments Advisory Board.

Its objectives included:

• a more transparent appointments process;

• a single body dealing with judicial applications;

• greater lay participation;

• structured selection and recommendation procedures.

The particular Bill was not ultimately enacted and later lapsed, but it represented an important attempt to reform judicial appointments.

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Civil Liability (Amendment) Bill

The work led to the Civil Liability (Amendment) Act 2017, providing for periodic payment orders in catastrophic-injury cases.

Rather than receiving one lump sum, seriously injured people could receive secure payments over time for:

• medical treatment;

• care;

• assistive technology;

• future support.

 

Data-protection reform

Substantial preparatory work took place for implementation of the EU General Data Protection Regulation and the later

Data Protection Act 2018.

This included work on:

• the future structure and resources of the Data Protection Commission;

• national legislative choices under the GDPR;

• law-enforcement data protection;

• Ireland’s responsibilities as the European base of major technology companies.

 

3. Garda reform, policing and accountability

The period began in the aftermath of serious controversies concerning Garda accountability, penalty points, whistleblowers, recording of telephone calls and the operation of the Department itself.

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Independent Policing Authority

The creation of the Policing Authority was the central institutional reform.

It transferred important oversight functions away from the Minister and Department and established a system of regular public accountability involving the Garda Commissioner. The Authority formally began work on 1 January 2016.  

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Garda Inspectorate and oversight

The reform programme included greater reliance on the Garda Inspectorate for independent analysis of policing structures and practices.

Inspectorate work during the period included issues such as:

• crime investigation;

• Garda administration;

• workforce deployment;

• custody arrangements;

• responding to domestic violence;

• modernisation and efficiency.

 

Garda Síochána Ombudsman Commission

Work was undertaken to strengthen GSOC’s powers and the procedures governing:

• investigation of complaints;

• referral of serious incidents;

• access to information;

• oversight of Garda conduct.

 

Commission of Investigation into Garda matters

A number of inquiries and commissions were established or progressed, including those dealing with:

• allegations made by Garda whistleblowers;

• Garda handling of complaints;

• practices in certain Garda districts;

• treatment of Sergeant Maurice McCabe;

• recording of telephone calls at Garda stations.

The O’Higgins Commission report was published in 2016, followed by further reform measures.

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Garda Modernisation and Renewal Programme 2016–2021

The programme was launched as a comprehensive plan to modernise An Garda Síochána.

Its objectives included:

• modern crime investigation;

• better technology and information systems;

• stronger supervision;

• improved victim services;

• workforce reform and civilianisation;

• enhanced ethics and professional standards;

• more visible community policing;

• stronger performance management.

 

Garda Code of Ethics

The Policing Authority developed the first statutory Code of Ethics for An Garda Síochána, covering principles such as:

• honesty;

• integrity;

• respect;

• authority and responsibility;

• information handling;

• leadership;

• speaking up and reporting wrongdoing.

 

Garda recruitment

Recruitment resumed and expanded following the financial crisis.

The policy included:

• increased Garda recruitment;

• recruitment of civilian personnel;

• recruitment to the Garda Reserve;

• reopening and increased use of the Garda College at Templemore;

• plans to bring overall Garda personnel numbers substantially upwards.

 

Commission on the Future of Policing in Ireland

In May 2017, the Government established an independent Commission on the Future of Policing, chaired by Kathleen O’Toole.

Its mandate was to examine:

• the structures of An Garda Síochána;

• policing culture;

• governance and accountability;

• national security arrangements;

• workforce composition;

• technology;

• how policing should be organised for the future.

Its later report became the basis for a further generation of policing reforms.

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4. Domestic, sexual and gender-based violence

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Second National Strategy on Domestic, Sexual and Gender-Based Violence 2016–2021

The Strategy was launched in January 2016.

It placed increased emphasis on:

• prevention;

• public awareness;

• victim protection;

• perpetrator accountability;

• training of frontline professionals;

• better data;

• interagency coordination;

• preparing for ratification of the Istanbul Convention.

A major public-awareness campaign under the strategy was “What Would You Do?”, designed to challenge public attitudes and encourage intervention when people witnessed domestic or sexual violence.

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Istanbul Convention

A detailed action plan was developed to address the legislative and operational requirements for ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence.

Measures included work on:

• domestic violence legislation;

• emergency barring orders;

• forced marriage;

• extraterritorial jurisdiction;

• victim protection;

• perpetrator programmes;

• data and coordination.

Ireland ultimately ratified the Convention in 2019, but much of the necessary legislative architecture was initiated during this period.

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Sexual-offences reform

The Criminal Law (Sexual Offences) Act 2017 dealt with child exploitation, grooming, pornography, vulnerable persons and the purchase of sex.

It was both a criminal-law reform and a core component of policy against:

• trafficking;

• sexual exploitation;

• violence against women;

• online abuse of children.

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Review of the law on sexual offences and consent

Work was advanced on modernising the law on consent , a priority for Minister Fitzgerald, and the treatment of complainants in sexual-offence proceedings.

The broader reform programme included examination of:

• definitions of consent;

• courtroom procedures;

• treatment of vulnerable witnesses;

• privacy and disclosure;

• delays in sexual-offence cases;

• training for justice professionals.

 

5. Victims of crime

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The period saw a significant shift towards a victim-centred justice system.

Measures included:

• establishment and expansion of Garda Victim Service Offices;

• improved information for victims;

• individual assessment of protection needs;

• better referral to support services;

• protections for children and vulnerable witnesses;

• preparations for statutory implementation of the EU Victims’ Rights Directive;

• increased recognition of victims’ rights in Garda and prosecutorial practice.

The later Criminal Justice (Victims of Crime) Act 2017 gave statutory form to much of this work.

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6. Equality and LGBTI reform

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Marriage Equality referendum

As Minister for Justice and Equality, Frances Fitzgerald had a central governmental role in the referendum campaign and in preparing the legal measures necessary to implement the result.

Ireland became the first country to approve marriage equality by a national popular vote on 22 May 2015.

The implementation was completed rapidly, with the first marriages taking place from 16 November 2015.  

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LGBTI National Youth Strategy

Preparatory work was initiated for what became the world’s first government LGBTI+ National Youth Strategy, ultimately published in 2018.

This built upon work across the Justice, Equality, Education, Health and Children portfolios.

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Section 37 reform

The Equality (Miscellaneous Provisions) Act substantially narrowed the capacity of religious institutions to discriminate against employees on the basis of private life or identity.

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Gender recognition

Although the Gender Recognition Act 2015 was led by the Department of Social Protection, the Justice and Equality portfolio supported the wider equality policy and implementation environment surrounding legal gender recognition.

Ireland’s legislation was regarded as progressive because it adopted a self-declaration model for adults without requiring medical certification.

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Spent convictions

The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 allowed certain minor convictions to become spent after a prescribed period.

This supported rehabilitation by reducing unnecessary barriers to:

• employment;

• education;

• insurance;

• reintegration into society.

Appropriate exceptions remained for sensitive occupations and serious offences.

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7. National Strategy for Women and Girls

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The National Strategy for Women and Girls 2017–2020 was launched in May 2017.

Its five broad objectives were to:

1. advance socioeconomic equality;

2. improve women’s and girls’ physical and mental health;

3. promote equal and active citizenship;

4. advance women in leadership;

5. embed gender equality in decision-making.

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The consultation was launched in November 2016 and the final strategy was led by Frances Fitzgerald and Minister of State David Stanton.  

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The programme included actions concerning:

• women’s employment and economic independence;

• childcare and work-life balance;

• women in leadership and on State boards;

• gender stereotyping;

• women in science, technology and apprenticeships;

• women’s health;

• violence against women;

• women experiencing multiple disadvantage;

• Traveller, Roma, migrant and disabled women;

• gender budgeting and equality-proofing.

 

A gender-pay-gap consultation was subsequently launched as part of this work.  

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8. Direct Provision and international protection

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Working Group chaired by Dr Bryan McMahon

The Government established the Working Group on the Protection Process and Direct Provision, chaired by former High Court judge Dr Bryan McMahon.

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Its 2015 report made recommendations concerning:

• living conditions;

• financial allowances;

• protection-process delays;

• education;

• healthcare;

• accommodation standards;

• family life;

• children;

• access to work;

• legal and administrative procedures.

A significant programme of implementation followed.

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Children in Direct Provision

This is an important area that can disappear from purely legislative accounts.

Measures introduced or advanced included:

• an increase in the weekly allowance paid for children in Direct Provision;

• greater attention to children’s welfare and family needs;

• improvements in access to school-related supports;

• stronger child-protection arrangements;

• inspections and revised accommodation standards;

• efforts to reduce the length of time children remained in the system;

• application of the single protection procedure;

• access to independent complaints mechanisms.

The Ombudsman for Children was given a role in relation to complaints from children in Direct Provision, removing an important gap in independent oversight, an important transparency measure.

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Single protection procedure

The International Protection Act 2015 replaced the former multi-stage process. Its core objective was to produce earlier decisions and prevent individuals and families from spending many years in uncertainty.

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Access to the labour market

Ireland decided in 2017 to opt into the EU Reception Conditions Directive, creating the pathway for applicants for international protection to obtain labour-market access.

The practical system was implemented after Frances Fitzgerald had left Justice, but the decision and policy direction arose during the closing phase of her tenure.

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Refugee resettlement and the Syrian crisis

Under the Irish Refugee Protection Programme, Ireland committed to receive refugees and asylum seekers through:

• UNHCR resettlement;

• EU relocation;

• humanitarian admission;

• family reunification measures.

Emergency Reception and Orientation Centres were established to provide initial accommodation and services.

 

Calais Special Project

Ireland created a special programme to admit unaccompanied minors who had been living in the former Calais migrant camp and who met the statutory criteria.

This combined immigration, child-protection and humanitarian responsibilities.

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9. Migrant integration, Traveller and Roma policy

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Migrant Integration Strategy

Work culminated in the Migrant Integration Strategy 2017–2020, a whole-of-government framework covering:

• public services;

• education;

• employment;

• political participation;

• anti-racism;

• community integration;

• access to information;

• representation in public bodies.

 

National Traveller and Roma Inclusion Strategy

The National Traveller and Roma Inclusion Strategy 2017–2021 was developed and published through the Justice and Equality portfolio.

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It addressed:

• education;

• employment;

• health;

• accommodation;

• discrimination;

• cultural identity;

• gender equality;

• access to public services;

• political participation.

 

Recognition of Traveller ethnicity

The Government formally recognised Travellers as a distinct ethnic group in March 2017.

Although the Taoiseach made the formal statement in the Dáil, the equality and inclusion work underpinning the decision involved the Department of Justice and Equality and extensive engagement with Traveller organisations.

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10. Human trafficking

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The portfolio included responsibility for coordinating the State response to trafficking in human beings.

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Second National Action Plan to Prevent and Combat Human Trafficking

The second Action Plan, published in 2016, included measures concerning:

• identification of victims;

• investigation and prosecution;

• victim accommodation and support;

• child victims;

• training of Gardaí and frontline professionals;

• data collection;

• labour exploitation;

• sexual exploitation;

• public awareness;

• international cooperation.

 

Criminalisation of demand

The Criminal Law (Sexual Offences) Act 2017 criminalised the purchase of sexual services and introduced a more serious offence where the person purchased was a trafficking victim.

The intention was to target the commercial demand sustaining sexual exploitation while decriminalising the seller.

 

Victim-centred approach

Work also included:

• review of the National Referral Mechanism;

• cooperation with Ruhama, the Immigrant Council of Ireland and other NGOs;

• specialised Garda investigation;

• international cooperation through Europol and EU mechanisms;

• training for officials likely to encounter victims.

 

11. Prisons, probation and rehabilitation

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Ending detention of children in adult prisons

The closure of St Patrick’s Institution and transfer of detained children to Oberstown was a major rights-based reform.

The formal closing order was made in April 2017.  

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Joint Agency Response to Crime

The JARC initiative was launched in November 2015 as a partnership between:

• An Garda Síochána;

• the Probation Service;

• the Irish Prison Service.

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It focused on prolific offenders through intensive, coordinated supervision and intervention. The initiative was launched by Frances Fitzgerald in November 2015.  

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Projects included responses to:

• prolific burglary;

• violent offending;

• repeat offenders;

• offenders at high risk of causing further harm.

 

Community return and alternatives to custody

The wider penal policy supported:

• structured release;

• community service;

• probation supervision;

• rehabilitation;

• reducing unnecessary use of imprisonment;

• improved reintegration.

 

Prison conditions and inspectorate oversight

Work continued on:

• reducing overcrowding;

• eliminating slopping out;

• refurbishment and replacement of outdated accommodation;

• healthcare;

• protection of vulnerable prisoners;

• independent inspection;

• complaints mechanisms.

 

12. Access to justice and mortgage arrears

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Abhaile

In October 2016, Frances Fitzgerald and Leo Varadkar officially launched Abhaile, the national mortgage-arrears resolution service.

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It provided people at risk of losing their homes with free access to:

• financial advice;

• personal insolvency practitioners;

• accountants;

• solicitors;

• legal aid;

• court assistance;

• MABS support.

The central objective was to help borrowers find sustainable solutions and remain in their homes wherever possible. Up to €15 million was allocated for the service for 2017–2019.  

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Personal insolvency reform

The Personal Insolvency (Amendment) Act 2015, bankruptcy reform and Abhaile formed a connected programme intended to:

• resolve unsustainable debt;

• improve the balance between borrowers and creditors;

• prevent avoidable home repossessions;

• provide meaningful access to financial and legal expertise.

 

Civil legal aid

The Legal Aid Board’s role expanded through:

• Abhaile;

• family mediation;

• domestic violence cases;

• asylum and international protection;

• support for victims and vulnerable applicants.

 

13. Family law, children and vulnerable adults

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Major work included:

• Children and Family Relationships Act 2015;

• assisted decision-making reform;

• domestic violence reform;

• marriage equality;

• greater recognition of children’s interests in family proceedings;

• improved protection for child and vulnerable witnesses;

• reform of guardianship, custody and access;

• improved interagency safeguarding.

 

The Justice portfolio during this period therefore continued much of the children’s-rights agenda begun in the Department of Children and Youth Affairs.

 

14. Cybercrime, organised crime and national security

The work included:

• cybercrime legislation;

• counterterrorism measures;

• reform of the proceeds-of-crime regime;

• support for the Criminal Assets Bureau;

• measures against organised burglary;

• European Arrest Warrant cooperation;

• Europol and Eurojust participation;

• response to foreign terrorist fighters;

• improved financial-investigation capacity;

• cross-border security cooperation.

 

The Criminal Justice (Offences Relating to Information Systems) Act became the State’s principal modern cybercrime statute and was commenced on 12 June 2017.  

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15. Charities regulation

The Charities Regulatory Authority was formally established in October 2014, with Frances Fitzgerald making the establishment order.  

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This introduced:

• a statutory register of charities;

• reporting and governance obligations;

• powers to investigate concerns;

• greater public transparency;

• an independent regulator for a sector previously lacking comprehensive statutory oversight.

Although the Charities Act had been passed earlier, bringing the regulatory system into operation was a significant administrative achievement.

 

16. Historic institutional abuse and redress

 

Magdalen redress

The Department continued the implementation of the redress scheme for women who had lived and worked in Magdalen laundries.

This included:

• ex gratia payments;

• enhanced medical supports;

• administrative processing;

• legislation relating to relevant benefits;

• engagement with survivors.

Frances Fitzgerald made statutory instruments concerning the redress legislation in 2015.  

 

Bill Kenneally survivors

Frances Fitzgerald met survivors of abuse by Bill Kenneally in November 2016.

Following that meeting, she sought legal advice and initiated the process that led the Government in May 2017 to commit to establishing a Commission of Investigation into the handling of the allegations. The eventual terms of reference were based substantially on information provided by the survivors during that engagement.  

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17. Other important administrative and legal measures

These include:

• implementation of the fines payment and recovery system, reducing imprisonment for non-payment of fines;

• expansion of alternatives to imprisonment;

• recognition of additional foreign civil partnerships and marriages;

• visa liberalisation and changes to visa requirements;

• improved immigration registration arrangements;

• reform of citizenship and naturalisation ceremonies;

• implementation of European protection and evidence measures;

• establishment and commencement of new regulatory bodies;

• reforms concerning spent convictions and Garda vetting;

• additional judicial appointments and court capacity;

• strengthening of coronial and civil-law procedures.

In June 2017, the visa order was amended following EU visa-liberalisation decisions for Georgia and Ukraine.  

 

18. EU and international work

As Minister, Frances Fitzgerald represented Ireland at the EU Justice and Home Affairs Council.

 

Key European issues included:

• migration and refugee relocation;

• counterterrorism following attacks in several European cities;

• passenger-name records and information sharing;

• Europol reform;

• cybercrime;

• data protection and GDPR;

• victims’ rights;

• trafficking;

• judicial cooperation;

• European Arrest Warrants;

• Brexit and maintenance of justice and security cooperation with the United Kingdom.

 

The early Brexit work was particularly important because Ireland needed to protect:

• the Common Travel Area;

• police and security cooperation;

• extradition arrangements;

• family-law cooperation;

• recognition and enforcement of judgments;

• movement across the border;

• North–South cooperation.

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