White Paper on Organised and White Collar Crime

The Department of Justice has invited comment on the White Paper discussion document Organised and White Collar Crime. The paper examines the extent of and legal reactions to a vast array of crimes like drug trafficking, fraud, money laundering, white collar crime and bribery. It asserts that the complex nature of such crimes, the degree of organisation involved, and the use of technology in the perpetration of such acts warrants strategies over and above those used in traditional law enforcement. It questions whether legislative and structural approaches adopted in other jurisdictions should be implemented in Ireland in combating organised, armed gang and white collar crime.

While a range of crimes are addressed, my comments centre on the section on organised crime. Although the paper acknowledges the difficulty in defining organised crime, this does not deter it from seeking to address the phenomenon. It also adopts the dubious, morally loaded and indefinable term “gangland” which is unappealing in a formal document rather than a journalistic piece. Continue reading “White Paper on Organised and White Collar Crime”

White Paper on Organised and White Collar Crime

Debating and Legislating on Integration Policy

Human Rights in Ireland are delighted to welcome back Niamh McMahon. Niamh has previously posted on immigration legislation here. Niamh is a PhD candidate at the Department of Politics and International Studies at the University of Cambridge.

Having policy or legislation in a particular policy area does not always equate to having clarity on an issue, nor does it suggest that the debate is over and that an end point has been reached.Policy ‘trends’ can mean that ideas are adopted from other countries, or the European or international arena, and are applied without any real sense of what is understood in that political, social and cultural context. Such seems to be the case with integration.

Until recently Germany did not openly define itself as a country of immigration and showed a reluctance to develop a national policy on immigration. Continue reading “Debating and Legislating on Integration Policy”

Debating and Legislating on Integration Policy

6 Months In: Mary White, Minister for Integration, Equality & Human Rights

On 23 March 2010, Mary White TD was appointed as Minister of State for Integration, Equality and Human Rights at the Department of Community and Gaeltacht Affairs. She controls a budget of 5.35 million euro. On March 27, she made this brief speech, setting out her aims for the new post. In that speech she said:

We are all aware of the inequalities which remain in our society – be they economic or social. We know there are the homeless – short-term and long-term – on our streets, day and night. We know many families are struggling with unbearable financial stress. We know there are many travellers living in appalling conditions, with poor facilities and limited access to basic needs. We know many women in this country flee to refuges seeking protection from violence or abuse. We know people are still insulted, ignored or exploited because of Continue reading “6 Months In: Mary White, Minister for Integration, Equality & Human Rights”

6 Months In: Mary White, Minister for Integration, Equality & Human Rights

Drislane on Child Detention, International Law and Ireland

Human Rights in Ireland is delighted to welcome this guest post from Siobhan Drislane, Law Reform Commission. This post is published in Siobhan’s personal capacity and may not necessarily reflect the views of the Law Reform Commission.

One of the core concerns of the law relating to juvenile justice, and indeed child law as a whole, is that of detention. Firstly, it is a well established principle that detention of a child should only be used as a measure of last resort. This principle has been expressly identified by:

  • Rule 13.1 (in the context of detention pending trial) and Rule 19 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“Beijing Rules”) 1985
  • Article 8 of the United Nations Convention of the Rights of the Child 1990
  • Rules 1 and 2 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty 1990.

Furthermore, all of the above provisions specify that detention of a child should last for the minimum period appropriate.

In the Irish context the Children Act 2001, per section 96(2), states that “a period of detention should be imposed only as a measure of last resort”. This statement expressly mirrors the position set out in international instruments. Additionally, section 143(1) of the 2001 Act states that a court “shall not make an order imposing a period of detention on a child unless it is satisfied that detention is the only suitable way of dealing with the child”. Continue reading “Drislane on Child Detention, International Law and Ireland”

Drislane on Child Detention, International Law and Ireland