Vol. 644 No. 2
12 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the number of gardaí assigned to community policing; if this represents less than 4% of the overall strength of the force; if he has plans to increase the number of community gardaí; and if he will make a statement on the matter. [34519/07]
As at 30th September 2007, the latest date for which Community Gardaí figures are readily available, the personnel strength of An Garda Síochána was 13,531 and the number of Gardaí attached to Community Policing was 598. This represents a percentage of 4.42% of the total strength of the Force. It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. Of course, Community Policing involves more than a single unit within An Garda Síochána and all Gardaí have a role to play in addressing community policing issues. Community Policing is a central feature of current policing policy and members of Community Policing Units are encouraged to engage with the local communities where they are assigned.
I agree with the view of the Garda Inspectorate, expressed in its most recent report, that community policing is a fundamental policing philosophy and that there is a strong foundation for it in Ireland. I am informed by the Commissioner that a working group has developed proposals for a comprehensive model of rural and urban Community Policing. The group has completed its report, "The Report of the Working Group on the National Model of Community Policing" and it is currently being considered by the Garda Commissioner. I await the final views of the Commissioner with interest.
13 Deputy James Bannon asked the Minister for Justice, Equality and Law Reform the justice being served by imprisoning a person (details supplied). [34115/07]
The person concerned arrived in the State on 25 June 2001 and subsequently claimed asylum on that day. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. She appealed this decision and was notified by the Refugee Appeals Tribunal that her appeal had been refused and the original recommendation upheld.
The person concerned was informed by letter dated 16 October 2002 that the Minister proposed to make a Deportation Order in respect of her and afforded her three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended) namely to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within 15 working days, written representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State i.e why she should not be deported.
Representations were received on her behalf on the 10th of December 2002 setting out the reasons why she ought to be granted leave to remain in the State under Section 3 of the Immigration Act 1999. Her case was examined under Section 3(6) of the Immigration Act, 1999 (as amended), and Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement. Consideration was given to all representations submitted on her behalf for permission to remain temporarily in the State. On the 27th of February 2004 the then Minister refused permission to remain temporarily in the State and signed a Deportation Order in respect of the person concerned. A notice of the order dated 5 March 2004 was served by hand on the person concerned.
The person concerned was given presentation requirements with the Garda National Immigration Bureau (GNIB). She failed to comply with the requirements of GNIB and was classed as an evader and arrested and lodged in Dochas Women's prison for the purpose of deportation. The person concerned suffered from medical problems and was released from Dochas. Judicial Review proceedings were filed in the High Court on the 8th December, 2005 challenging the then Minister's decision to seek to deport her. On the 6th July, 2007, the Judicial Review leave application was heard. The person concerned failed to appear in court therefore breaking her conditional release conditions. The Judge then ordered that she attend court on 11th July 2007 and in his judgement of 13th July, 2007 he refused the Applicant's Leave Application. Arrangements were then made to deport the person in question.
On the 22nd August, 2007 the person concerned was sent an arrangements letter affirming the Deportation Order and requiring her to comply with the reporting arrangements of the Garda National Immigration Bureau. The person concerned complied on a number of occasions until she failed to attend GNIB as requested on the 29th November, 2007 and was subsequently arrested and lodged in Dochas Women's Prison for the purpose of deportation. On the 5th December, 2007 the person concerned was released on medical grounds.
I am satisfied that the applications made by the person concerned for asylum, for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport her is justified. The enforcement of the Deportation Order remains an operational matter for the Garda National Immigration Bureau.
14 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform if it is his intention to re-introduce the Ground Rents Bill 2003; if his attention has been drawn to the demand to do so from a group (details supplied); and if he will make a statement on the matter. [34544/07]
The position is that Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 already contains a statutory scheme whereby any individual may, at reasonable cost, acquire the fee simple in their dwelling house. The scheme is operated by the Property Registration Authority. A legal challenge to the constitutionality of certain provisions of existing ground rents legislation was heard in the High Court during 2005. While the Court's judgment upholding the constitutionality of the legislation was delivered in early 2006, it has since been appealed to the Supreme Court. Operation of the law in this area continues to be reviewed in my Department but there are no proposals for changes pending the outcome of the appeal that I have mentioned.
15 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform if he has undertaken a detailed analysis of the Garda to person ratio to ensure every region in the State has appropriate policing; and if he will make a statement on the matter. [34580/07]
It is the responsibility of the Garda Commissioner to assign members of the Force throughout the country. In doing this he takes into account all relevant factors, including of course population but also including other factors such as crime rates and trends as well as operational priorities. The attested strength of An Garda Síochána as at the 30 November 2007, the latest date for which figures are readily available was 13,780. In addition 1,043 student Gardaí were at various stages of their training on that date making a total of 14,823. The attested personnel strength of the Garda Reserve as at 30th November 2007 was 171 with a further 98 in training.
It is anticipated that approximately 1,100 Student Gardaí will be attested to the Force during 2008. The significant increase in the strength of the Garda Síochána has meant that, despite the increase in population, the ratio of Garda to population has increased significantly.
16 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the situation regarding the extension of EU proposals on passenger name record data; if the Government will adopt these proposals; if these proposals will include legislation to tighten laws on the use of militant web sites; and if he will make a statement on the matter. [29301/07]
I assume the Deputy is referring to a series of proposals tabled by the European Commission last month in relation to counter terrorism. As the Deputy may be aware, the current EU Counter-Terrorism Strategy constitutes a wide-ranging and interlinked approach across EU Member States to tackle the common threat posed by international terrorism. Progress in the ongoing implementing of this Strategy has been significant and sustained, including in Ireland, where the Criminal Justice (Terrorist Offences) Act 2005 was enacted to extend Ireland's existing, effective counter-terrorism machinery to new forms of international terrorism.
The European Commission's recent proposals focus on certain specific aspects of this problem, as a supplement to the existing EU Counter-Terrorism Strategy. Specifically, the European Commission has made proposals for:
(1)a Framework Decision on the use of passenger name record — or PNR — data for law enforcement purposes;
(2)new measures to counter the illegitimate acquisition and use of explosives; and
(3)changes to the existing EU Framework Decision on Combating Terrorism to outlaw terrorism-related incitement; recruitment, especially via the internet; and terrorist training.
In relation to its tabling of a draft Framework Decision on PNR data, the Commission proposal aims to harmonise Member States' provisions on obligations for air carriers operating flights to or from the territory of at least one Member State regarding the transmission of PNR data to the relevant national authorities. In particular, the draft Framework Decision provides for the making available of PNR data for the purpose of preventing and combating terrorist offences and organised crime, as well as for the collection, retention and exchange of those data by and between the Member States.
In relation to the proposed changes to the existing Framework Decision on Combating Terrorism, dating from 2002, the Commission seeks to harmonise national provisions on public provocation to commit a terrorist offence as well as recruitment and training for terrorism, whether committed through the internet or otherwise, so that these forms of behaviour are punishable throughout the EU. It is important to note that the proposal for a Framework Decision on PNR data, together with the other proposals, are simply proposals at this stage. They have yet to be considered by the Council of the European Union in the relevant Council working groups. Accordingly, it is not known how these proposals may evolve as Member States consider their terms.
In this regard, it is, of course, a truism to state that we are all in favour of measures to combat terrorism. However, in considering any new proposals, particularly at EU level, it is important that we consider both their utility and practicality, their added value and their proportionality. At this stage, however, the final shape of the proposals will not be known for some time, nor, for that matter, will the disposition of our EU partners. Accordingly, it is not possible to state whether and how transposition will occur. In any event, there will, of course, be an opportunity for the Oireachtas to consider all relevant matters, including by my colleagues in this House.
17 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the specific requirements for a non-EEA spouse of an Irish national to obtain a D-type visa before they enter Ireland; the procedures for a non-visa required national to obtain a D-type visa before they enter Ireland; and if he will make a statement on the matter. [34545/07]
It is important to note that marriage to an Irish national does not grant any automatic right to enter or reside in the State solely on the basis of the marriage. A person, who is visa-required, wishing to come to Ireland to reside in the State with his/her spouse, must apply for a "Join Spouse" visa. Where all the required documentation/evidence has been furnished and the Visa Officer is satisfied with the bona fides of the application, a D-type Visa would normally be approved. In a small minority of cases, where a Visa Officer has concerns over the relationship history for example, a C-type Visa would be approved. The rationale for this is that the applicant is being afforded the opportunity to demonstrate the genuine nature of the relationship.
In very exceptional cases, where little or no evidence of a relationship history has been demonstrated for example, the visa application would be refused. In such cases, the decision of the Visa Officer may be appealed within two months of the date of decision. Non-visa required nationals who enter the State to reside with an Irish spouse are required to attend their local Garda National Immigration Bureau Registration Office within 90 days and request permission to be registered as resident in the State on the basis of marriage to an Irish national. In some cases, the local Registration Office will refer the matter to the Irish Naturalisation and Immigration Service for further investigation.
Comprehensive information on the Visa Application process and the supporting documentation required is available on the website of the Irish Naturalisation and Immigration Service, www.inis.gov.ie
18 Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform the number of anti-social behaviour orders issued to date; if he is confident that ASBOs will result in the reduction of anti-social behaviour in communities; and if he will make a statement on the matter. [34589/07]
Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January, 2007. Part 13 of the Act, relating to anti-social behaviour by children, was commenced on 1 March, 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. With regard to children, these range from a warning from a member of An Garda Síochána, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme, to the making of a behaviour order by the Children's Court.
In setting up the regime, the intention was that these warnings or good behaviour contracts would themselves address the problem behaviour. It is only if they fail that an ASBO will be applied for. In any case, it inevitably takes time to reach the stage where an ASBO itself might be sought. No significance therefore should be attached to the fact that the stage has not yet been reached in the process where ASBOs have been issued. Where warnings or good behaviour contracts do not succeed in altering a person's behaviour, however, they will culminate in ASBOs being sought by the Garda authorities from the courts. I am informed by the Garda authorities that up to 30 November 2007, 383 behaviour warnings were issued to adults and 125 to children.
Among the priorities which the Minister has determined in accordance with the Garda Síochána Acts for An Garda Síochána for 2008 is combating, particularly in cooperation with other agencies and the community generally, the problems of public disorder with particular emphasis on alcohol-related behaviour (including underage drinking) and socially disadvantaged communities especially through utilisation of the legal mechanisms being made available, such as these provisions and closure orders under liquor licensing legislation.
All members of An Garda Síochána proactively target public disorder and anti-social behaviour. Areas subject to such behaviour have been identified as "hot-spots" by local Garda management and additional foot and mobile patrols are directed to these areas during times when these offences are more likely to occur. All such incidents, detected by members on patrol or reported to An Garda Síochána, are dealt with immediately, and the suspected offenders are dealt with in accordance with the law. I recognise, as does every member of the House and all public representatives, that while anti-social behaviour is at the less serious end of the spectrum of criminality, it can cause great distress to communities as a whole and individuals in particular, especially the elderly and more vulnerable. I wish to assure the Deputy that we will continue to take all measures which are open to us to address this issue.
19 Deputy Arthur Morgan asked the Minister for Justice, Equality and Law Reform the number of gardaí who were allocated to the national and local Garda drugs units for each of the past ten years. [34628/07]
The personnel strength of the Garda National Drugs Unit and each Divisional Drugs Unit, as at 31st December, 1998-2006 and as at 11th December 2007, is as set out in the table I am circulating with this answer. The Deputy should be aware that the numbers in any unit will fluctuate from time to time due to transfers, retirements, resignations etc.
|
Division |
1998 |
1999 |
2000 |
2001 |
2002 |
2003 |
2004 |
2005 |
2006 |
2007 |
|
GNDU |
53 |
50 |
44 |
51 |
50 |
52 |
49 |
55 |
48 |
58 |
|
Carlow/ Kildare |
6 |
8 |
10 |
11 |
11 |
11 |
11 |
9 |
9 |
8 |
|
Cavan/ Monaghan |
7 |
6 |
8 |
8 |
8 |
9 |
9 |
10 |
10 |
9 |
|
Clare |
3 |
3 |
3 |
3 |
4 |
4 |
4 |
4 |
4 |
5 |
|
Cork City |
20 |
20 |
20 |
20 |
20 |
20 |
20 |
20 |
20 |
17 |
|
Cork North |
0 |
0 |
0 |
0 |
6 |
6 |
6 |
6 |
6 |
8 |
|
Cork West |
0 |
0 |
0 |
6 |
6 |
6 |
5 |
5 |
5 |
6 |
|
D.M.R. Eastern |
21 |
21 |
21 |
21 |
15 |
15 |
17 |
17 |
17 |
17 |
|
D.M.R. North Central |
17 |
16 |
16 |
16 |
16 |
16 |
15 |
14 |
16 |
16 |
|
D.M.R. North |
18 |
18 |
21 |
21 |
21 |
21 |
24 |
25 |
22 |
29 |
|
D.M.R. South Central |
15 |
15 |
17 |
18 |
19 |
19 |
19 |
19 |
22 |
24 |
|
D.M.R. South |
15 |
14 |
15 |
14 |
13 |
23 |
23 |
22 |
21 |
23 |
|
D.M.R. West |
24 |
24 |
24 |
24 |
24 |
24 |
24 |
22 |
28 |
34 |
|
Donegal |
0 |
0 |
14 |
14 |
12 |
10 |
8 |
8 |
9 |
6 |
|
Galway West |
4 |
11 |
11 |
7 |
7 |
7 |
8 |
7 |
7 |
7 |
|
Kerry |
4 |
4 |
4 |
4 |
4 |
4 |
4 |
4 |
7 |
9 |
|
Laois/ Offaly |
7 |
7 |
7 |
7 |
7 |
7 |
7 |
7 |
7 |
12 |
|
Limerick |
6 |
6 |
11 |
11 |
11 |
11 |
11 |
10 |
10 |
14 |
|
Longford/ Westmeath |
0 |
0 |
9 |
8 |
8 |
8 |
7 |
4 |
6 |
11 |
|
Louth/ Meath |
7 |
7 |
7 |
7 |
11 |
11 |
12 |
13 |
20 |
13 |
|
Mayo |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
4 |
|
Roscommon/ Galway East |
0 |
0 |
2 |
2 |
2 |
2 |
2 |
2 |
2 |
3 |
|
Sligo/ Leitrim |
5 |
5 |
8 |
8 |
8 |
8 |
8 |
8 |
8 |
7 |
|
Tipperary |
0 |
0 |
0 |
1 |
2 |
7 |
7 |
7 |
7 |
7 |
|
Waterford/ Kilkenny |
4 |
4 |
7 |
9 |
9 |
9 |
9 |
8 |
10 |
13 |
|
Wexford/Wicklow |
5 |
5 |
5 |
5 |
6 |
6 |
13 |
13 |
13 |
12 |
|
Totals |
241 |
244 |
284 |
296 |
300 |
316 |
322 |
319 |
334 |
372 |
20 Deputy Joe Carey asked the Minister for Justice, Equality and Law Reform his views on the Irish Prison Chaplains Annual Report 2006/2007 in terms of juveniles in prison; his views on the fact that one in every two inmates in St. Patrick’s Institution is illiterate; the reforms he will introduce in view of the fact that the considered view expressed in the report is that these young people need a level of care and professional intervention that is a world apart from what is currently available to them; and if he will make a statement on the matter. [34586/07]
It is only fair to point out that the Chaplains' Report commends the recent efforts by the prison management at St. Patrick's Institution to improve conditions there, including the improved educational facilities and the provision of separate accommodation and education units there for those under 18 years and those over 18 years.
Literacy work has been a strong element of the Prison Education curriculum since the early 1980's. A number of significant initiatives in the area of prison literacy commenced or were strengthened since 2003 which paralleled efforts to address adult literacy in the community. These include:
the fuller use of negotiated learning plans for all literacy students;
introducing the new FETAC level 1 and level 2 literacy courses;
the introduction of the National Adult Literacy Agency's (NALA) assessment framework, "Mapping the Learning Journey" in each prison's Education unit;
devising and delivering the NALA and Waterford Institute of Technology 30 hour Initial Tutor Training Course for teachers new to prison education; and
drawing up and rolling out of a national Literacy Plan for Prison Education.
In relation to St. Patrick's Institution, the position is that all inmates are interviewed soon after arrival both for the School and the Industrial Training workshops and there are ongoing basic literacy courses in both the Education Unit and the Special School educational unit for inmates under 18 years of age. Every effort is made to encourage inmates to partake of the courses available to them.
In the Special School there are 6 teachers providing classes as well as two workshops providing training in catering skills and industrial skills. The fully equipped sports hall of the Unit is in daily use with accredited fitness instructors and a Physical Education teacher involved. Support services are provided by two Probation Officers and Psychology, Medical and Chaplaincy Services. These personnel are available to inmates on a daily basis.
In total, there are 18 City of Dublin VEC teachers working in the Institution's Education Unit. Of these, at least half work in the literacy/numeracy area. The curriculum also extends to subjects such as: art/crafts, music, computers (including computer literacy), food & nutrition, English, French, maths, history, social studies, parenting. However, all of the Unit's teachers are aware of the low literacy levels prevailing and will take steps to tailor-make the subject level to the poor literacy levels of their teachers of their students. A total of 322 individual prisoners attended the Institution's Education Unit over the school year 2006/07. It must be remembered that participation in education varies with factors such as the turnover of the overall inmate population. The vast majority of the 322 attendees (circa 80%) were intensively involved for 10 or more hours of education classes per week.
21 Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that rehabilitation measures available to former prisoners are seriously inadequate; if he will take steps to improve the situation; and if he will make a statement on the matter. [34548/07]
I can inform the Deputy that my Department, through the Probation Service, provides funding to 63 voluntary bodies which provide a range of services to offenders in local communities, e.g. pre-industrial training and education, offender management programmes, residential accommodation, drug and alcohol abuse treatment / intervention / awareness programmes and sex offender programmes. These programmes are designed to provide an opportunity for offenders to address their offending behaviour, explore their career options and to take part in personal development modules. The aims of these programmes are to:
Prepare participants for work / training / education;
Encourage them to take full responsibility for their own development; and
Assist the offender in his/her integration into society.
The rehabilitation of offenders is an important element of the Criminal Justice System. The Probation Service, which is an integral part of my Department, through its work in the community and in the prisons, contributes in a significant way to the rehabilitation of offenders and I am pleased to advise the Deputy, that on foot of a Government Decision dated 18 April, 2007, approving a "Juvenile Justice and Child Protection Package", an additional 71 professional and administrative posts were approved for the Probation Service which will greatly assist in the provision of enhanced Probation services Nationwide.
Particular emphasis is also placed on the rehabilitation of young offenders, the Deputy will be aware of the changes in recent years aimed at bringing about improvements in the youth justice system with the establishment of the Irish Youth Justice Service (IYJS) an executive office of my Department which, inter alia, is charged with improving the delivery of services for young offenders. In addition a dedicated Young Persons Probation Division (YPP) was recently established within the Probation Service which has responsibility to enhance and develop community based programmes and initiatives to assist in the rehabilitation of young offenders and to allow for the full implementation of the sections of the Children Act, 2001 relating to the Probation Service.
In 2008, I am pleased to inform the Deputy that my Department will provide almost €20m for services to offenders which include the wide range of rehabilitative measures already referred to. In addition, in excess of €10m will be provided for juvenile offending initiatives. Overall, that represents 45.9% of the Probation Service budget allocation for 2008. I can assure the Deputy that every effort is being made and will continue to be made to provide adequate rehabilitative measures for the offender population.
22 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the steps he proposes to take to address under age drinking; and if he will make a statement on the matter. [34571/07]
The Licensing Acts contain a comprehensive set of legislative provisions designed to tackle the problem of underage drinking. The main provisions dealing with this matter are set out in Part IV of the Intoxicating Liquor Act 1988 (as amended by the Intoxicating Liquor Acts of 2000, 2003 and 2004). Section 31 of the 1988 Act (as amended by the 2003 Act) provides that it is an offence for a licensee to—
(a) sell or deliver intoxicating liquor to a person under the age of 18,
(b) sell or deliver intoxicating liquor to any person for consumption on the licensed premises by a person under the age of 18,
(c) permit a person under the age of 18 to consume intoxicating liquor on the licensed premises, or
(d) permit any person to supply a person under the age of 18 with intoxicating liquor on the licensed premises.
Section 31 also provides that it is an offence for a licensee to sell or deliver intoxicating liquor to any person for consumption off the premises by a person under the age of 18 except, with the explicit consent of the person's parent or guardian, in a private residence in which he or she is present either as of right or with permission. The Intoxicating Liquor Act 2000 provides that where a licensee is convicted of an offence under section 31 of the 1988 Act, the Court shall, in addition to any other penalty, make an order for the closure of the premises concerned for up to 7 days for a first offence, or at least 7 and not more than 30 days for a second or subsequent offence.
Section 32 of the Intoxicating Liquor Act 1988 (as substituted by the 2003 Act) provides that a person other than the licensee shall not purchase intoxicating liquor for delivery to, or consumption by, a person under the age of 18 years, or deliver intoxicating liquor to him or her. It is not unlawful for such a person to purchase or deliver intoxicating liquor for consumption by a person under the age of 18 years in a private residence with the explicit consent of that person's parent or guardian.
Furthermore, section 33 of the 1988 Act (as amended by the 2003 Act) provides that it is an offence for a person under the age of 18 to—
(a) purchase intoxicating liquor,
(b) consume intoxicating liquor in any place, except with the explicit consent of his or her parent (or guardian) in a private residence in which he or she is present either as of right or with permission, or
(c) represent himself or herself for the purpose of obtaining, or being permitted to consume, intoxicating liquor, to be over 18. In general, persons who commit offences under this section are dealt with under the Garda Diversion Programme.
Section 34 of the Intoxicating Liquor Act 1988, as amended by the Acts of 2003 and 2004, provides that a licensee shall not allow a person under the age of 18 years to be in the bar of licensed premises at any time. However it is not unlawful to allow: (a) a child who is accompanied by his or her parent or guardian to be in the bar of licensed premises between 10.30 a.m. (12.30 p.m. on a Sunday) and 9.00 p.m. (10.00 p.m. from 1 May to 30 September). This exemption does not apply where it appears to the licensee that the child's presence in the bar could reasonably be regarded as injurious to his/her health, safety or welfare;(b) a person who is aged at least 15 years but under the age of 18 years to be in the bar between 10.30 a.m. (12.30 p.m. on Sundays) and 9.00 p.m. (10.00 p.m. from 1 May to 30 September);(c) a child who is accompanied by his or her parent or guardian or a person who is aged at least 15 years but under the age of 18 to be in the bar on the occasion of a private function at which a substantial meal is served to persons attending the function.
Moreover, if a child is present in a bar in contravention of these provisions, the child's parent or guardian is guilty of an offence unless he or she establishes that the child was present without his or her knowledge or consent.
The prohibition on the presence of persons under the age of 18 years on licensed premises does not apply to children of the licensee, persons who reside in the licensed premises, a person who is passing through the bar solely for the purpose of entering or leaving another part of the premises or persons who are employed in the licensed premises. The Intoxicating Liquor Act 2004 provides that it is not unlawful to allow a person under the age of 18 years on licensed premises, or any part of such premises, at a time when: (a) intoxicating liquor is not being sold, supplied or consumed on the premises or, as the case may be, that part of the premises, and (b) physical access to intoxicating liquor on those premises or, as the case may be, that part is securely prevented.
Section 34A of the 1988 Act, as inserted by the 2003 Act and amended by the Intoxicating Liquor Act 2004, requires that persons aged 18 to 20 carry an "age document" e.g. a Garda age card, passport, driver licence, in order to be in the bar of licensed premises after 9.00 p.m. (10.00 p.m. from 1 May to 30 September). Section 37 of the 1988 Act gives the Gardaí the power to seize containers suspected of containing intoxicating liquor which are in the possession of persons under the age of 18 in any place other than an occupied private residence, where a Garda suspects that an offence under section 31, 32 or 33 of the 1988 Act has been committed. A Garda may also request the name, address and age of a person where the Garda suspects that an offence under Part IV of the 1988 Act has been committed. There is a power of arrest if the person concerned refuses to supply his or her correct name, address and age. It is an offence to give a name, address or age which is false or misleading.
The Government Legislation Programme published on 25 September provides for publication of a Sale of Alcohol Bill in 2008. This Bill will modernise and streamline the laws relating to the sale and consumption of alcohol by repealing the Licensing Acts 1833 to 2004, as well as the Registration of Clubs Acts 1904 to 2004, and replacing them with updated provisions more suited to modern conditions. The proposed Bill will contain reforms which are designed to strengthen existing provisions to combat under-age consumption of alcohol. These include:
a new requirement for all off-licences to have written policies and control procedures in place;
a new offence of being in possession of a forged or altered Garda age card with intent to deceive;
a new provision whereby a member of the Gardaí may request the name and address of any person suspected of committing, or of having committed, such an offence; failure to give such details will be an offence; and
a new provision permitting a member of the Gardaí to arrest without warrant a person who refuses to supply his or her name and address or gives a name and address which such member has reason to believe to be false or misleading.
Finally, I should say that I intend to re-examine, as a matter of priority, existing legislation on the sale and consumption of alcohol with a view to identifying any further changes in the law which may be necessary with a view to maintaining public order and ensuring public safety.
23 Deputy James Reilly asked the Minister for Justice, Equality and Law Reform the number of drug sniffer dogs available and used in the fight against illegal drugs here (details supplied); his views on making more widespread use of such dogs in the community to aid detection of drugs in communities and to inhibit the free sale of drugs in places of public entertainment; and if he will make a statement on the matter. [34377/07]
Under the National Drugs Strategy, the Customs Service of the Revenue Commissioners has primary responsibility for the prevention, detection, interception and seizure of controlled drugs intended to be smuggled into the State. I am informed by the Revenue Commissioners that as part of its enforcement resources, the Customs Service currently deploys 13 detector dog teams. These teams are based at strategic locations throughout the State. All detector dog teams have passive dogs which allow for the screening of passengers as well as merchandise and baggage.
As the illegal movement of cash is the life-blood of drug trafficking and organised crime, following the passing of the Proceeds of Crime (Amendment) Act 2005, the Customs authorities introduced cash detection capability also and the Service now have a dedicated detector dog team in place for this purpose. There is a growing investment by Customs in drug detection resources and the Revenue Commissioners advise me that they regard the deployment of detector dogs as a very important part of this resource.
The Commissioners also believe in ensuring that the detector dog teams maintain a high public visibility at the ports, airports, postal depots and freight forwarders' premises in which they routinely operate. The Customs detector dogs also assist An Garda Síochána, whenever requested to do so. The cost of the Customs detector dog programme in 2006 was €1,439,000. In addition, I am informed by the Garda authorities that the Garda Dog Unit consists of 2 Sergeants and 14 Gardaí and currently has 26 dogs. Six of these dogs, two of which are based in the Southern Region, are skilled in drugs and firearms residue detection. There are also 14 general purpose dogs — skilled in public order duties, tracking for missing persons, criminals and articles contaminated by human scent; 5 dogs skilled in explosives detection; 1 dog skilled in detecting the presence of dead bodies. Two of these dogs have been trained in tactical support and one in blood detection.
Consideration is currently being given to a proposal to extend the Garda Dog Unit nationwide, on a regional basis. To this end a pilot, in the Southern Division (based in Cork and Limerick) has been completed. Following the evaluation of this pilot a decision on the further regionalisation of the Unit will be made. To date in 2007, the Garda National Drugs Unit has carried out a number of operations targeting the sale and supply of drugs at places of entertainment. It is not possible to give the costs associated with drug sniffer dogs only. However, the annual cost of running the Garda Dog Unit is approximately €1.5m.
As the Deputy will appreciate the optimum use of both the Customs Service and An Garda Síochána Dog Units is a matter for the Chairman of the Revenue Commissioners and the Garda Commissioner respectively in line with overall law enforcement arrangements and operational strategies.
24 Deputy Kathleen Lynch asked the Minister for Justice, Equality and Law Reform his views on the call by the Garda Representative Association for consideration of the possibility of allowing gardaí to carry pepper sprays in view of the increasing number of violent attacks on members of the force; and if he will make a statement on the matter. [34530/07]
I am aware of the call by the Garda Representative Association for pepper spray to be issued to Gardaí. This call follows the recommendation of the Garda Síochána Inspectorate in its report on practices and procedures for barricade incidents that pepper spray should be issued to all Gardaí on operational duty. This is an operational matter which is for decision by the Garda Commissioner. I am informed by the Garda authorities that it is currently being examined.
25 Deputy Michael D’Arcy asked the Minister for Justice, Equality and Law Reform if additional funding will be made available to establish local lieutenants to pursue drug dealers in the rural Garda divisions. [32150/07]
Since the publication of the Government's National Drugs Strategy 2001-2008, Garda resources generally in the fight against illicit drugs have increased. This is particularly evident with the creation of additional Divisional Drug Units in areas of particular need. These Drugs Units operate in Divisions throughout the country with a primary focus on local drugs activities.
In terms of personnel resources, as at 30 November 2007, there were a total of 372 Gardaí dedicated to national and regional drugs units (including 58 based at the Garda National Drugs Unit). These units are also supported in their work by officers from other national units such as the National Bureau of Criminal Investigation, the Garda Bureau of Fraud Investigation and the Criminal Assets Bureau. In addition, all Gardaí are tasked with confronting drugs related issues as they arise.
The assignment of Garda personnel throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources, and the best possible Garda service is provided to the general public. This takes place against the background of the unprecedented expansion of An Garda Síochána which has taken and will continue to take place increasing the overall strength of the Gardaí to 16,000. Additional Garda resources are coming on stream all the time. These additional human resources will facilitate the Garda Commissioner in the allocation of additional manpower to areas most in need, including areas with a significant drug problem.
In addition, I am informed by the Garda authorities that the Criminal Assets Bureau, under Assistant Commissioner, National Support Services, works closely with other national units, including the Garda National Drugs Unit, and senior investigating officers in all Garda Divisions to ensure, wherever possible, that assets derived from criminal activity, including drug-related crime, are subject to confiscation. The Garda National Drugs Unit liaises with the Criminal Assets Bureau to particularly target those criminals and criminal groupings believed to be deriving profits and assets from drug-related criminal activity.
In relation to the issue of the Bureau's work at local levels, I can inform the Deputy that in order to maximise the benefit that can be derived from local knowledge, officers from the Criminal Assets Bureau work closely with Gardaí from specific regions and localities in order to ensure that the efforts of the Bureau are targeted in the most effective manner possible. In particular, the Bureau is utilising the services of Divisional Criminal Assets Profilers throughout the country. At present there are twenty seven divisional profilers appointed and operational. A further five members of An Garda Síochána are currently being trained as profilers. The use of local Garda officers in this way ensures that preparatory groundwork can be carried out in advance of a full investigation by the Bureau. Asset profilers have at all times recourse to the expertise and advice of the Bureau.
The complement of Divisional profilers will continue to be monitored and reviewed on an on-going basis and I have already included in the Government's policing priorities for An Garda Síochána a specific reference to enhanced liaison arrangements between Garda Divisions and the Criminal Assets Bureau in the pursuit of those engaged in drug dealing at all levels. I am informed by the Garda authorities that the Criminal Assets Bureau has sufficient financial and other resources available to it to operate effectively pursuant to its statutory remit and that the Chief Bureau Officer keeps the allocation of personnel under constant review in light of the Bureau's workload.
Finally, I will continue to keep the measures and resources for tackling drug trafficking under review and I repeat the assurance that I gave to the House recently during the lengthy debate on crime that it is my intention to continue to prioritise areas such as gun crime, organised crime and drugs.
26 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform if the Government has decided to opt out from a new EU directive which makes it a criminal offence for employers to employ illegal migrants; the reason for this decision; and if he will make a statement on the matter. [34542/07]
The Treaty of Amsterdam, which came into force on 1 May, 1999, added to the EC Treaty a new Title IV which deals with measures in the area of visas, immigration and other policies related to free movement of persons. The proposal in question is subject to Title IV of the Treaty, the application of which to Ireland is subject to the provisions of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaties. Under this Protocol Ireland has three months from the date a proposal is presented to Council to notify our intention to take part in the adoption and the application of such a measure. Ireland may also accept a measure any time after it has been adopted. As the option is only used in a positive sense, "opting out" does not occur.
Although Ireland did not exercise its option to opt-in within the initial 3 months, a period which overlapped with the general election and the Oireachtas summer recess, this proposed directive is still under review in my Department in conjunction with the Department of Enterprise, Trade and Employment. Ireland continues to participate actively in the current discussions on the proposal at EU level. The question of Ireland's participation in this measure will be determined following the adoption of the Directive, and Ireland's participation would require Oireachtas approval at that stage.
Ireland exercises its option to participate in Title IV measures to the maximum extent compatible with the maintenance of the Common Travel Area with the United Kingdom. Any proposals arising under Title IV are considered on their own merits.
27 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform when he will establish a victim’s council; and if he will make a statement on the matter. [34579/07]
I am committed to providing enhanced arrangements for the support of victims of crime consistent with the commitment in the Programme for Government. The Commission for the Support of Victims of Crime was established by my predecessor in March, 2005 with a three year remit. Part of its remit was to devise an appropriate support framework for victims of crime into the future. The members of the Commission comprise:
Mr. Jim McHugh, (Chairman), former Assistant Commissioner, An Garda Síochána,
Ms Nora Owen, former Minister for Justice, Equality and Law Reform,
Mr. Sean Lowry, former head of the Probation and Welfare Service,
Mr Michael Whelan, Gemini Consulting,
Ms Marian Finucane, broadcaster.
The Commission's term of office expires in March, 2008 prior to which it will have presented a draft policy framework document for victims of crime. I recently met with the Commission and following that meeting, I am of the view that this document will provide important insights into how support for victims of crime might be developed into the future. I propose, therefore, to await the outcome of the Commission's deliberations before embarking on an overhaul of the present arrangements.
As the Deputy may be aware, I am determined to ensure that the treatment of victims of crime is accorded a major priority in the criminal justice system. To that end, and in the context of the outcome of the deliberations of the Commission, I am prepared to take action in advance of any new statutory proposal that may emerge.
28 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the number of persons given anti-social behaviour warnings since the new system came into operation on 1 January 2007; the number of anti-social behaviour orders sought in the same period; and if he will make a statement on the matter. [34538/07]
I refer the Deputy to my answer to Question No. 18 of today's date.
29 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform his views on the findings in the report on Ireland by the European Committee for the Prevention of Torture; if it is his intention to implement its recommendations; and if he will make a statement on the matter. [34543/07]
The Report of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), on its visit to Ireland was published on the 10 October 2007, together with the response of the Government of Ireland to the issues raised by the CPT in that report. During the 2006 visit the delegation from the CPT visited a number of Garda stations, prisons and places of detention and the Central Mental Hospital and indicated that the level of cooperation received during the visit from the Irish authorities was very good, both at central and local levels.
I am glad to advise the Deputy that action has been taken to address the prison related issues highlighted in the report which covered, inter alia, the lack of progress in over-hauling the 1947 prison rules; the need for more robust investigation of prisoner complaints about alleged ill-treatment; the poor physical conditions of some of our prisons leading to overcrowding and ‘slopping out'; the existence of inter- prisoner violence and intimidation; the number of prisoners on ‘protection'; the drugs situation and the need to improve and enhance regime activities for certain prisoners.
The following is an overview of the key developments:
(a)Prison accommodation: As indicated in the CPT report we recognise the necessity to modernise and expand the prison estate. The ambitious prison capital programme now underway, with the full support of the Government, will result in the replacement and/or refurbishment of nearly 40% of the entire prison estate and the ending of ‘slopping out'. The proposed new prison complex at Thornton Hall which will replace the outdated Mountjoy complex will provide accommodation for 1,400 prisoners in a range of security settings with all the support facilities to enhance regime activities for prisoners and provide modern facilities as are fitting a modern prison environment. Other major works include the building of a new prison at Kilworth to serve the Munster region and the provision of additional accommodation at Shelton Abbey, Loughan House, Limerick, Wheatfield, Portlaoise and Castlerea.
(b)Prison Rules, 2007: The new prison rules were brought into effect from 1st October, 2007.
(c)Enhanced security measures in our prisons: In the Government's response to the CPT report on the question of inter-prisoner violence it was accepted that the CPT had rightly identified an emerging problem and that further measures are needed to deal with the issue. As I have indicated to the House on previous occasions, I am determined to deal with the issue in a proportionate manner by increasing our efforts to stem the flow of contraband items, such as drugs, weapons and mobile phones, which could assist in illegal activity. Indeed, as the Deputy will be aware significant efforts are made on a continuous basis by the prison authorities to stop contraband getting into our prisons, by for example, the installation of nets over exercise yards, vigilant observation of prisoners by staff, upgraded CCTV monitoring, the use of screened visits and prisoner and cell searches. New visiting arrangements are in place in all closed prisons whereby only persons who have been pre-approved by the Governor are permitted to visit.
I believe that technology offers the best solution to dealing with the problem of prisoners using mobile phones. The first phase of a pilot programme to inhibit the use of mobile phones in prisons has been completed in the Midlands Prison with the second phase of the pilot due to finish in the near future. I am glad to say that evaluation of the project thus far has shown positive results and, if confirmed, the inhibitors will be installed in all our closed prisons over an 18 to 24 month period. In addition, section 36 of the Prisons Act, 2007, effective from 1st May, 2007 makes it an offence for prisoners to have unauthorised possession of or use mobile telecommunications devices. Under the Act it is also an offence to supply such a device to a prisoner.
The implementation of the Drugs Policy entitled "Keeping Drugs out of Prisons" by the Irish Prison Service has seen an intensification of efforts to eliminate the availability of illicit drugs within the prisons . A significant element in this regard is the introduction of mandatory drug testing under the Prison Rules which became operational from 1st October, 2007. Facilities forscreened visits have been installed in all closed prisons. In keeping with the Strategy prisoners in respect of whom the Governor is satisfied that there is no risk of contraband being passed may be facilitated with open visits. Prisoners who are caught receiving drugs or who test positive for drugs will be facilitated with screened visits only.
I am committed to supporting the Director General of the Irish Prison Service by providing additional resources to further enhance security within our prisons. I am confident that the recently announced package of additional security measures will make a significant difference to keeping contraband out of our prisons. These measures include:
the establishment of a drug detection dog service within the Irish Prison Service;
the establishment of an Operational Support Group dedicated to, and developing expertise in, searching and gathering intelligence;
the introduction of enhanced securityscreening and searching of all persons (prisoners, visitors and staff) entering our prisons.
The Drug Detection Dog Service will involve approximately 30 staff and an appropriate number of dogs. The Deputy will be aware that a pilot drug detection dog service has been in place since May 2006 and is currently running in the Midlands/Portlaoise area and also in Wheatfield/Cloverhill Prisons, the Mountjoy complex and Cork and Limerick Prisons.
The Operational Support Group will be available in addition to the normal prison staff and can target specific problem areas. They will also gather and collate intelligence information in their prison, carry out high profile escorts and assist the chief officer in charge of security in the continuing assessment and improvement of security.
In addition to the security measures, Drug Treatment Services to prisoners are also being significantly enhanced through the development of new services and programmes for addicted prisoners. These services are being delivered by the Irish Prison Service in partnership with community based services and contracted private services and supported by additional staffing for prison based Drug Treatment Teams. Security measures across our prisons will continue to be kept under review.
30 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform if he will address the shortcomings in the system for the execution of warrants; and if he will make a statement on the matter. [34584/07]
I refer the Deputy to my answer to Question No. 6 of today's date.
31 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform the steps he proposes to take to allow for greater Garda visibility by reducing the amount of Garda time spent in court; and if he will make a statement on the matter. [34583/07]
The most recent report of the Garda Síochána Inspectorate noted the amount of time potentially spent by gardaí in court proceedings. It also noted that within the Dublin Metropolitan Region a Court Presenter system is in place in the Dublin Metropolitan Court District and that outside the DMR the local District Officer is the Prosecuting Officer, representing the Director of Public Prosecutions, for the majority of prosecutions before the District and Circuit Courts.
The Inspectorate welcomed developments in the Court Presenters system which frees up significant Garda time from court duty. The Inspectorate has suggested that this scheme should be extended to all courts throughout the Dublin Metropolitan region. They have also suggested that the Superintendents assigned outside of the Dublin metropolitan region should be relieved of their Court Prosecution role. In addition to the foregoing, Section 5 of the Road traffic Act 2006 provides for administrative charges for certain driving offences. A working group chaired by the Department of Transport is preparing for the commencement of this section which in turn should release gardaí from attendance at court in a significant number of such cases.
32 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he will introduce legislation repealing the Independent Monitoring Commission in view of the unjustified drain it exerts on the Irish taxpayer and the high opportunity cost of spending on it in budget 2008, whereby the IMC will receive almost as much money as crime prevention measures and more money than services to crime victims. [34625/07]
Far from being a drain on the Exchequer, as suggested by the Deputy, the Monitoring Committee has rendered signal service to the Irish people and continues to do so. There are therefore, no immediate plans to introduce legislation repealing the Independent Monitoring Commission Act 2003. The Deputy will be aware that the Commission is an independent body which was jointly established by the Irish and British Governments. Accordingly, any decision in this regard will have to be taken in concert with the British authorities, not as a unilateral action.
I would remind the Deputy that the Independent Monitoring Commission's contribution to the peace process has been truly significant. As its most recent report states, the objective for which the Commission was set up is being progressively achieved, and I would add that the IMC continues to do valuable work monitoring and reporting on the ongoing activities of paramilitary groups on the island. It also played a critical role in the process of normalisation which saw a significant reduction in the British military presence in Northern Ireland.
33 Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform if Operation Bedrock is being commissioned or monitored by his Department or any particular Department or Minister; if it comprises or is part of an ongoing investigation into Tara campaigners; the scope of the operation; if private data is being shared between gardaí and private security or investigators involved in the construction of the M3; and if he will make a statement on the matter. [34632/07]
I am informed by the Garda authorities that a policing plan has been prepared in respect of the obligations on An Garda Síochána to prevent any breaches of the criminal law during the construction of the M3 motorway. The policing measures in place are deemed necessary by local Garda management who are satisfied that sufficient Garda resources are available to prevent any such breaches. The allocation of resources for this operation will be closely monitored and kept under review. I am further informed that the Garda authorities are satisfied that no private data is being shared between An Garda Síochána and private security or investigators as referred to in the Deputy's question.
34 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 109 of 9 October 2007, when he expects to receive the findings of the interdepartmental group established to consider the future of Spike Island; when a decision will be taken regarding the future of Spike Island; and if he will make a statement on the matter. [34622/07]
I wish to advise the Deputy that the Interdepartmental Group set up to examine the future of Spike Island is still continuing its deliberations. I await its findings which will inform future plans for the Island.
35 Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform if he is putting in place measures and staffing to deal with the backlog and inordinate delays in processing applications for long-term residency and naturalisation; if the new condition for police clearance certificates is contributing to the delays in processing applications; if all applicants are being required to provide police clearance certificates from previous countries; and if he will make a statement on the matter. [34633/07]
As the Deputy will appreciate, the applications that the Immigration Division of my Department receives are diverse in nature and the processing time frames vary considerably according to the nature and circumstances of the scheme in question. In all instances, processing arrangements are kept under ongoing review and steps are taken to reduce waiting times where this is feasible having regard to available resources and overall priorities. For example, the introduction of a new Information Technology System which is currently being developed, is expected to enhance the capability of the INIS to deal with such applications more efficiently.
Long term residency was introduced by way of an administrative scheme in May 2004. The position in relation to granting long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. Time spent in the State on student conditions cannot be counted towards long term residency.
While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date. I understand that applications received in July 2006 are currently being dealt with. Long term residency is an administrative scheme which will be established on a statutory basis in accordance with the Immigration, Residence and Protection Bill.
At time of processing, each application is examined to verify the applicant meets the residency criteria. Should an applicant meet the residency criteria a character reference check is then carried out. This includes a requirement for all applicants to produce a police clearance certificate from their country of origin and any other country they resided in prior to travelling to this State. The requirement for a police clearance certificate was introduced recently as part of the character clearance aspect of the application process.
I accept there could be situations where applicants for long term residency, who have been away from their country of origin for considerable periods of time, may encounter difficulties in getting the necessary police clearance certificate. It is expected that such situations will arise only on an exceptional basis, and will be considered on a case by case basis having regard to all of the factors involved in the processing of applications for long term residency.
Insofar as Citizenship is concerned, the Deputy will acknowledge that the granting of Irish citizenship through naturalisation is an honour and that applications must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is given only to persons who satisfy the necessary qualifying criteria. The procedures employed to assess an applicant for naturalisation are as set out in summary form below.
Upon receipt, each application is examined to determine if the statutory application is completed fully. Incomplete application forms are returned to the applicant for amendment. Valid applications are then examined to determine if the applicant meets the statutory residency criteria set out in the Irish Nationality and Citizenship Act. Passports and other documentation are examined in detail and enquiries with the Garda National Immigration Bureau may also be necessary.
The next stage of the process involves assessing an applicant's financial status in respect of their ability to support themselves in the State. Enquiries with the Revenue Commissioners and the Department of Social and Family Affairs may be necessary in this regard. At the same time enquiries are also made with the Garda Síochána to clarify if the applicant can be deemed to be of good character. There may also be circumstances in individual cases which require a greater level of investigation than other cases. Once all enquiries are completed, the file is referred to me for a decision. The Deputy will appreciate that these processes can take a lengthy time to complete.
The above procedures have been developed and refined over a number of years and I am satisfied that they are necessary to maintain the integrity of the naturalisation process. Consequently, having regard to the resources available, which are kept under constant review, there is a limit to the reduction in the processing time that can be achieved. However, I share the Deputy's concerns regarding the efficiency of the existing system and accordingly, I have instructed my officials to undertake a review of the various processes in order that these might be streamlined further where possible.
36 Deputy Joe Carey asked the Minister for Justice, Equality and Law Reform if he will present a breakdown of the budget for the Youth Justice Service; and if he will make a statement on the matter. [34587/07]
I am pleased to inform the Deputy that the Irish Youth Justice Service has been allocated total funding of €49.849m for 2008, a 19% increase on 2007. Of this, €40.89m is provided for current and €9m for capital expenditure.
I am not in a position to provide a more detailed breakdown pending the publication of the Revised Estimates in early 2008. However, I can say that this resource package provides for the general administration and running costs of the Irish Youth Justice Service (including the Children Detention Schools) as well as major infrastructure works in facilities for young offenders, and funding for Garda Youth Diversion programmes.
37 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform if he has proposals to change the system of enforcement of court orders, particularly in relation to the collection of fines and committal proceedings for debt; and the timeframe for same. [34009/07]
The Fines Bill currently before the House has three main purposes: to index all District Court Fines, to provide for equality of impact for all fines imposed by the courts and to provide for payment by instalment. These measures should significantly reduce the incidence of default in the payment of fines. The proposals are in line with the recommendations of the Law Reform Commission in their reports on the issue. The provisions of the Bill are the first phase in a process of reform of the fines system. The effectiveness of the measures contained in the Bill, when enacted, will be monitored by my Department.
The collection of fixed charge fines has also been under examination by my Department for some time, with a view to increasing payment compliance and thus reducing the number of these offences that come before the courts for non-payment. In April 2006, 31 new offences were categorised as fixed charge penalties. Additionally, legislation was introduced to increase incrementally the number of penalty points on conviction and increase the amount of the fine if not paid after 28 days with the objective of reducing the number of cases coming before the courts. In addition, a pilot study was commissioned by my Department to examine the feasibility of handing over the collection of fixed charge penalties to an external credit management agency. The preliminary results of this pilot study were quite encouraging, with over 22% of cases being cleared up. The Department is currently finalising an assessment of the pilot study with a view to establishing its introduction on a wider footing.
With regard to committal proceedings, a report commissioned by my Department on people committed to imprisonment for civil debt or non-payment of fines, concluded that fine defaulters tend to be unemployed or not in the labour force. The issue of attachment of earnings has been mentioned as an alternative to prison for fine defaulters. It may well be that attachment of earnings has a role in the case of an offender with a salary. However, an attachment of earnings mechanism would have no impact where the debtor has no salary. Furthermore, the issue of attachment of welfare payments raises serious questions about the effect of such provisions on people with few means.
In relation to warrants currently outstanding, the Garda Commissioner recognises that steps need to be taken to reduce the number of outstanding warrants as much as possible. Each regional Assistant Commissioner has therefore been directed to give priority to this issue and to review procedures in their areas for the execution of warrants.
38 Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform when the Government’s promised legislation on same sex unions will be published; and if he will make a statement on the matter. [34522/07]
As I announced in the House on 31 October 2007, I expect to publish the Heads of a Civil Partnership Bill by the end of March 2008.
39 Deputy Alan Shatter asked the Minister for Justice, Equality and Law Reform the consideration given by him to revise family law to create an in-court mediation service to facilitate the early resolution of family law disputes and in particular disputes relating to the guardianship, custody, upbringing of and access to children. [34610/07]
The recently published Report of the Family Law Reporting Pilot Project undertaken by Dr. Carol Coulter at the request of the Courts Service makes a range of recommendations to enhance the role of mediation. I fully agree that enhanced mediation procedures are a key element in relation to family law and dispute resolution generally and I understand that this approach will be addressed in new Rules of the Circuit Court. The Legal Aid Board is also taking action to promote the use of dispute resolution mechanisms in family law cases. This has incorporated the collaborative law approach as well as structured negotiation techniques and has the potential to be of considerable benefit to those who find themselves in difficult family situations.
I am pleased to note that the Courts Service is to establish a committee to review Dr. Coulter's report and the implementation of its recommendations, many of which, I should add, fall outside the remit of my powers as Minister. I look forward to seeing the outcome of the committee's proceedings in due course and, should the committee recommend a change to family law legislation, I will carefully consider any such proposal.
40 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which he or his Department have identified, located and monitored the activity of known criminal gangs throughout the country; the number of such that have to date been arrested from each identifiable gang; the number charged and convicted; if such gang leaders or principals have not to date been interviewed by the gardaí; and if he will make a statement on the matter. [34592/07]
There are, in general terms, two broad categories of organised crime groups operating in this jurisdiction. The first category consists of individuals / groups that are well established and tightly structured and are involved in drug trafficking, armed robbery and firearms offences. The second category involves groups whose activities are characterised by less cohesive group structures and are involved in criminal activities which are mainly confined to Ireland.
The membership of organised gangs tends to be fluid and the nature of criminal activity is such that offences committed by members of gangs may or may not be connected with the individual's membership of such gangs. It is therefore not possible, without the expenditure of an inordinate amount of time and resources, to attribute specific figures to the membership or activity of such gangs.
Organised criminal gangs operating in this jurisdiction are targeted on an ongoing basis and profiles regarding the personnel of such groups are continually updated. Their members, operating methods, criminal interests and financial assets are likewise proactively targeted through intelligence-led operations, primarily undertaken by specialist units of An Garda Síochána operating under the remit of the Assistant Commissioner, National Support Services. Units involved in these operations include the National Bureau of Criminal Investigation, the Garda National Drugs Unit, the Organised Crime Unit, the Criminal Assets Bureau and operations are regularly undertaken, targeting those suspected of being involved in Organised Crime.
An Garda Síochána will continue to utilise intelligence-led operations against selected targets to combat the criminal activities of these groups.
41 Deputy Olwyn Enright asked the Minister for Justice, Equality and Law Reform if he has decided where the gaming commission will be located. [27573/07]
The Deputy will be aware that in August, 2006, the Government agreed to the proposal of my predecessor for the establishment of a Committee (the Casino Regulation Committee) to report on the possibilities for a legislative basis for the strict regulation of casino-style operations in the State. The Casino Regulation Committee completed their Report in April of this year. It is a lengthy document which deals with a range of complex and inter-related public policy issues which are now being considered within my Department. Following consideration of the issues, I intend bringing the Report before the Government. As the Report has yet to be presented to Government I do not propose to comment on the Report or any of its recommendations at this time.
42 Deputy P. J. Sheehan asked the Minister for Justice, Equality and Law Reform the changes he proposes in respect of enduring powers of attorney to allow for general health care decisions to be taken by the attorney. [34019/07]
76 Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform when he will establish the office of public guardian to replace the Wards of Court Office; and if he will make a statement on the matter. [34578/07]
82 Deputy P. J. Sheehan asked the Minister for Justice, Equality and Law Reform if he will amend legislation governing enduring powers of attorney to facilitate the mandatory filing of annual accounts of the attorney. [34018/07]
I propose to take Questions Nos. 42, 76 and 82 together.
Proposals for a Mental Capacity Bill are being developed by my Department in line with a commitment in the Government's Legislative Programme as announced by the Chief Whip on 25th September 2007. The proposed Bill is a response to the Law Reform Commission's Final Report on Vulnerable Adults and the Law and it will facilitate ratification of the UN Convention on the Rights of Persons with Disabilities insofar as requirements relating to legal capacity are concerned. The law on enduring powers of attorney and the jurisdiction of the Office of Wards of Court will be reviewed during the preparation of proposals for this Bill. The details of the proposed Bill will be announced in due course following Government approval. The legislation will be developed as quickly as possible.
43 Deputy James Reilly asked the Minister for Justice, Equality and Law Reform his plans to proactively test drivers for the presence of illegal drugs in a similar manner to the successful random alcohol testing campaign which is the norm and which is an effective tool in curtailing the use and abuse of alcohol while driving; his views on whether such a zero tolerance testing regime, using drug testing systems already available and used here in places of detention, should be immediately put in place taking into account the recent tragic cases in the media; and if he will make a statement on the matter. [34378/07]
Currently, the Road Traffic Acts provides that a member of the Garda Síochána may, where he or she is of the opinion that a person in charge of a mechanically propelled vehicle in a public place is under the influence of a drug or drugs to such an extent as to be incapable of having proper control of that vehicle, require that person to go to a Garda station and further require that person submit to a blood test or to provide a urine sample.
The Medical Bureau of Road Safety analyses blood and urine specimens received under the Road Traffic Acts for the presence of a drug or drugs. Urine analysis is the principal method used in testing for drugs in places of detention. Enforcement of the law on drug driving is a matter for An Garda Síochána. When a member of the Garda suspects that a motorist is driving under the influence of any intoxicant the Garda may arrest the suspect under Section 49 of the Road Traffic Act 1961. Furthermore, section 38 of the Road Traffic Act 1968, as amended by Section 6 of the Road Traffic Act 1994 provides a statutory power to the Medical Bureau of Road Safety for the supply and testing of apparatus for indicating the presence of alcohol in the breath.
Section 12 of the Road Traffic Act 1994 (as amended) and section 4 of the Road Traffic Act 2006 (as amended) also provide the powers to members of An Garda Síochána to require drivers to provide preliminary breath specimens for the purpose of indicating the presence of alcohol in the breath.
As the Deputy will appreciate, road traffic legislation is a matter for the Department of Transport and I am informed by my colleague, the Minister for Transport, that at present there is no reliable equipment available for the purpose of roadside testing for drugs. I am further informed that the Department of Transport will keep under review the development of technology internationally for such testing and that when suitable technology becomes available, any further legislative measures, if required, to facilitate its use will be introduced.
44 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that a centre (details supplied) has received no additional funding since it received grant funding of €50,000 and is no longer able to finance its facility; and if he will make a statement on the matter. [34547/07]
The group concerned received a special grant payment of €50,000 in 2006 on the clear understanding that it was a "one off" payment to enable the organisation to establish itself on a firmer footing. I have nothing further to add by way of response.
45 Deputy John Deasy asked the Minister for Justice, Equality and Law Reform if he will introduce mandatory drug testing for prisoners on admission; and if he will make a statement on the matter. [34582/07]
93 Deputy John Deasy asked the Minister for Justice, Equality and Law Reform if he will introduce a compulsory regime of drug testing of prisoners; and if he will make a statement on the matter. [34581/07]
I propose to take Questions Nos. 45 and 93 together.
The Prison Rules 2007, which took effect from 1 October 2007, include specific provision for mandatory drug testing. Mandatory drug testing forms part of the Irish Prisons Service Drugs Policy ‘Keeping Drugs Out of Prisons' which sets out the steps required to tackle the supply of drugs into prisons, provide adequate treatment services to those who are addicted to drugs and ensure that developments in the prisons were linked into the community.
Mandatory drug testing provides information on trends in drug misuse, enables the identification and referral of drug abusers to treatment programmes, enables enhanced focusing of resources and acts as a deterrent to drug misuse. Mandatory drug testing will also serve to provide important information to prison management that will contribute significantly to decision-making in relation to the management of individual prisoners sentences.
Mandatory drug testing currently takes place in the Training Unit, St. Patrick's Institution, Castlerea, Loughan House and Shelton Abbey. All prisoners must be drug free to attend an open centre and the intention is to roll out a programme of testing to the remaining institutions during 2008.
46 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform the measures being planned by the Irish Prison Service for the introduction of mobile phone jamming equipment; the reason this plan is necessary if adequate measures are in place to prevent the smuggling of mobile phones into prisons; and if he will make a statement on the matter. [34526/07]
I would like to assure the Deputy that I am committed to implementing all appropriate measures to deal with the issue of mobile phones and other contraband being smuggled into Irish prisons.
One of the major challenges in prisons worldwide lies in preventing access to contraband items, including mobile phones, which for obvious reasons, are viewed as highly valuable commodities which could assist in illegal activity. Efforts are made on a continuous basis to prevent the flow of such contraband into our prisons, by for example, the installation of nets over exercise yards, vigilant observation of prisoners by staff, upgraded CCTV monitoring, the use of screened visits and prisoner and cell searches. In addition, new visiting arrangements are in place in all closed prisons whereby only persons who have been pre-approved by the Governor are permitted to visit.
I can also assure the Deputy that I am determined to deal with the problem of prisoners using mobile phones and, in this context, I believe that technology offers the best solution to dealing with the illegal use of mobile phones by prisoners. As informed by the Irish Prison Service, I can confirm that a pilot programme of mobile phone inhibition is ongoing in Midlands Prison and that early indications are that the technology is very successful. If the results of this preliminary evaluation hold true, the inhibitors will be installed in all the other closed prisons over an 18 to 24 month period. It is my belief that it is both appropriate and necessary to introduce mobile phone inhibitors into all our prisons. I believe that this inhibition technology offers the most effective solution for dealing with illegal use of mobile phones in prisons.
The Deputy will be aware that Section 36 of the Prisons Act 2007, which was brought into operation from 1 May 2007, makes it an offence for prisoners to have unauthorised possession of or use mobile telecommunications devices. Under the Act it is also an offence to supply such a device to a prisoner. The penalty for such an offence, on summary conviction, is a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both.
Random searches of cells and their occupants and searching of correspondence and other items entering the prison have all intercepted significant quantities of contraband in recent years. When a person is admitted to prison custody, he or she is searched and prohibited items and money are taken. Similarly, searching takes place of prisoners returning from court, temporary release or after visits. Searches of prisoners also take place where their behaviour or information received raises suspicions that they may be in possession of contraband. The Prison Service has recently purchased a number of cameras and probe systems which assist in searching previously difficult areas such as hollow chair or bed legs, u-bends in toilets, drain holes, under floor boards and other cavities. These new technologies are proving to be a valuable asset in this area. The planned new prison estates at Thornton Hall and Kilworth will also make it harder for contraband to enter the prison by locating recreation yards away from perimeter walls and having a cordon sanitaire.
As regards enhanced security, the Deputy will also be aware that earlier this year I announced a range of security measures aimed at keeping contraband out of our prisons. These measures include: the establishment of an Operational Support Group dedicated to, and developing expertise in, searching and gathering intelligence. The group will be available in addition to the normal prison staff and can target specific problem areas. They will also gather and collate intelligence information in their prison, carry out high profile escorts and assist the Chief Officer in charge of security in the continuing assessment and improvement of security.
The Irish Prison Service is also enhancing these procedures through the introduction of a comprehensive "airport style" screening and search process in the closed prisons. This project is under way and it is hoped that it will be completed early next year. However, the introduction of these procedures are the subject of industrial action by the POA and, accordingly, it has not been possible to proceed with these measures to date.
47 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the steps he proposes to take to address the use of illegal firearms and offensive weapons; and if he will make a statement on the matter. [34570/07]
I refer the Deputy to my answer to Priority Question No. 3 of today's date.
48 Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform the amendment he will make to the draft guidelines for the operation of joint policing committees; and if he will make a statement on the matter. [34588/07]
90 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the amount of money that will be made available to JPCs in view of the absence of a specific provision for joint policing committees from budget 2008; and if the amount will increase significantly in 2007 in view of his stated intention to increase the number of JPCs from 29 to 114. [34623/07]
I propose to take Questions Nos. 48 and 90 together.
The 29 Joint Policing Committees currently established in a pilot phase operate under guidelines issued by my predecessor as Minister for Justice, Equality and Law Reform on 23 May, 2007, following consultation with the Ministers for the Environment, Heritage and Local Government and Community, Rural and Gaeltacht Affairs.
I believe that the Committees established have made good progress to date in carrying out their functions. I propose to roll out the Committees to all 114 local authorities in the State as early as possible in 2008. In order to enable this to happen, it is necessary to consider the current guidelines in the light of the experience of the Committees already established and make any changes necessary.
To assist with this process, my colleague the Minister for the Environment, Heritage and Local Government and I hosted a consultation seminar on 29 November with participants in the pilot Committees to discuss their views on the operation of the Committees to date. The outcomes of the seminar are currently being considered with a view to preparing changes to the guidelines. This process is currently ongoing. Provision of €1.010 million is being made in the Garda Síochána Vote in 2008 for the operation of the Committees. I understand that provision is also being made by the Department of the Environment, Heritage and Local Government.
49 Deputy Lucinda Creighton asked the Minister for Justice, Equality and Law Reform when section 25 of the Criminal Justice Act 2007 will become operable; if he is satisfied that it will be sufficient to deal with the recidivism rates; and if he will make a statement on the matter. [34502/07]
I would like to inform the Deputy that Part 3 (including section 25) of the Criminal Justice Act, 2007 came into operation on 18 May, 2007, on foot of the Criminal Justice Act 2007 (Commencement) Order 2007, (Statutory Instrument No. 236 of 2007).
While there are no indications to suggest that the level of recidivism in this jurisdiction is particularly high by European standards, we will continue to take measures to address the matter including the implementation of this provision, expansion of the Probation Service and providing improved facilities in our prisons. However experience in other jurisdictions does indicate that it would be naive to expect that recidivism can be eradicated altogether.
50 Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform if the Garda Commissioner has completed his consideration of the report submitted by the superintendent appointed to carry out an investigation into the circumstances in which the Garda failed to act on information supplied through Interpol from the Austrian authorities regarding the alleged involvement of people based here in a global child pornography ring; if it is intended to publish the report; and if he will make a statement on the matter. [34535/07]
I am informed by the Garda authorities that the Garda officer appointed to conduct an investigation into the incident has completed his investigation and submitted a report to senior Garda management. Following consideration of the report a number of additional control mechanisms have been introduced to prevent a recurrence of such an incident. I am further informed that it is not Garda policy to publish internal reports.
51 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform his views on the substantial sums of money being paid to members of the public in respect of court awards or out of court settlements for claims taken against members of the Garda in respect of assault, unlawful arrest or other breaches of a citizen’s rights, which amounted to over €16 million in awards and legal fees since 2002; and if he will make a statement on the matter. [34539/07]
Members of the Garda Síochána are called upon to interact with members of the public on a twenty four hour basis in a wide variety of situations — many of which are unavoidably contentious. In the vast majority of cases these interactions are handled in an exemplary and professional manner and do not give rise to difficulty from a litigation point of view. However there are a tiny number of cases, by reference to the totality of interactions, which ultimately give rise to a legal liability on the part of the State. In these cases the advices of Counsel, the Chief State Solicitor and the Attorney General inform the approach taken in addressing the issues involved while protecting the public purse.
As the Deputy will be aware, the events in Donegal which gave rise to the establishment of the Morris Tribunal also gave rise to numerous sets of civil proceedings which have had the effect of inflating the amount of monies paid out in the years 2005, 2006 and 2007. Indeed the disposal of 48 further cases in recent weeks has had the effect of increasing the amount to which the Deputy's question refers to €24 million.
The Government's response to those unprecedented events was the enactment of the Garda Síochána Act 2005 which introduced significant fundamental structural changes in An Garda Síochána and represented the most significant overhaul of the Force since the foundation of the State. One of the principal aims of the Act of 2005 was the establishment of a framework within which shortcomings in the regime of governance and accountability within the Garda Síochána could be addressed. For example the Garda Síochána Ombudsman Commission is empowered subject to certain conditions independently to investigate any practice, policy or procedure of the Garda Síochána with a view to reducing the incidence of complaints. Furthermore the Garda Síochána Inspectorate, which has an expertise in international policing, may at the request of or with the consent of the Minister carry out inquiries or inspections in relation to particular aspects of the operation or administration of the Garda Síochána. Clearly, these new and innovative mechanisms can play a role in ensuring best practice and consequent minimisation of exposure of the public finances.
Finally of course the new Garda Síochána (Discipline) Regulations which came into operation on 1 June 2007 have streamlined the disciplinary process and replaced the complex system which had developed over the years — responding to a specific and important lacuna identified by the Morris Tribunal.
52 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform the action taken to date on the commitment in the programme for Government to examine the possibility of introducing a paternity benefit. [32174/07]
I refer the Deputy to the commitment by Government and the Social Partners in Towards 2016 to review the level of statutory entitlements to maternity and paternity leave before the end of 2008. Work will commence shortly on this review. The Deputy may also note that the commitment in the Agreed Programme for Government is, over the next five years, to increase paid maternity leave by five weeks, to make all leave after the first 26 weeks available to either parent and, to examine the possibility of introducing a statutory entitlement to paternity leave and shared parental leave.
53 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform if he will make a statement on the establishment of the new Garda Síochána fingerprint database. [34529/07]
I am pleased to inform the Deputy that installation and commissioning of the first phase of the new National Automatic Fingerprint Identification System (AFIS) went live on 22 October 2007. While the previous system met Garda requirements over the last ten years or so, advances in technology mean that the new system offers significant new capabilities and capacity including the ability to store palm prints as well as traditional ‘ten-prints' and improved matching capabilities for poor quality or partial fingerprints taken from the scenes of crimes. I understand the Garda authorities are very pleased with the operation of the new system which has already produced a greatly improved ‘hit' rate for latent marks taken at crime scenes. Indeed, I myself witnessed the impressive system in operation at its recent launch.
Work is now under way on subsequent phases, which will be delivered during 2008, and will provide for the capture and storing of a person's fingerprints upon registration by the Garda National Immigration Bureau as well as the ability for GNIB officers to capture prints at ports of entry including sea and air ports. Full integration of the new AFIS with the Garda PULSE system and GNIB Information system will also be delivered in the coming phases.
The AFIS system is just one of a broad range of information technology systems being delivered to assist An Garda Síochána in the fight against crime. Other projects include a Major Incident Management system, Automatic Number Plate Recognition system and the new Digital Radio Service. A total of €102m is allocated in 2008 for Information Technology and Communications related projects.
54 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform his proposals for further civilianisation of the Garda in order to free trained members for front line duty; his views on the view expressed in the final report of the advisory group on Garda management and leadership development that progress in regard to civilianisation has been risible; and if he will make a statement on the matter. [34534/07]
I welcome the reports of the Garda Inspectorate and the Advisory Group on Garda Management and Leadership Development on these issues. I fully support the Garda Commissioner in the continued implementation of the civilianisation programme proposed for the Garda Síochána and am happy to say that significant progress has been made to date in the recruitment of civilian staff by the Garda Commissioner.
I have been informed by the Commissioner that the number of full and part time civilian staff assigned to the Garda Síochána as at the 10 December 2007 was 2,276. Approximately 297 Clerical Officers have been recruited and assigned positions within the Garda Síochána since the 1 January 2007. These officers have been allocated to the Dublin Metropolitan Region, Garda Headquarters and Specialised Units.
A campaign to recruit a further 300 Clerical Officers for outside the Dublin Metropolitan area is well under way and interviews are currently being held by the Public Appointments Service. This will release trained members of the Force for front-line duty. To date, in excess of 30 additional Clerical Officers have been assigned to Garda stations outside Dublin, 12 additional Clerical Officers have been assigned to the Garda Central Vetting Unit, Thurles, and 25 additional Clerical Officers have been assigned to the Garda Information Services Centre, Castlebar.
The recruitment of civilian staff to middle and senior positions in the Garda Síochána is well under way. Appointments have been made to the positions of Chief Administrative Officer, Director of Finance, Director of Communications, Head of Internal Audit, HR Manager, Housing Officer and Transport Manager and a civilian at Principal Officer level has been appointed to the Information Technology section.
Recruitment for the following positions will start shortly: Director of Information and Communications Technology, Director of Change Management, Head of Legal Affairs and Executive Director of Human Resources. Other recruitment initiatives are under way. The position of Head of Procurement (AP) in An Garda Síochána has been advertised and applications are currently being considered. A competition to recruit 28 Crime & Policing Analysts was advertised on 29th November 2007. A Competition to recruit 3 Cartographers and 2 Photographers was advertised on 6th December, 2007. A competition to recruit additional Telecommunications Technicians was advertised on 6th December, 2007. An open competition to recruit a Professional Accountant Grade I and a Professional Accountant Grade II for Internal Audit Unit will take place soon and a variety of other posts will be advertised.
A dedicated Human Resource Directorate has been established in the Garda Síochána to serve the needs of the civilian, administrative, professional, technical and industrial staff in the Garda Síochána and to promote an extensive programme of civilianisation. I am assured by the Commissioner that the Garda Síochána is committed to developing the civilian support function within the Garda Síochána to the level of best international practice and that he will continue to work to drive the civilianisation programme forward. I will fully support the Garda Commissioner in the continued implementation of organisational reform which, as I said, is supported by the analysis and recommendations of the Hayes Group and the Garda Inspectorate.
55 Deputy Olwyn Enright asked the Minister for Justice, Equality and Law Reform if he has assessed the number of gardaí available to new and developing communities; if following this assessment he has plans to redeploy gardaí to these same communities; and if he will make a statement on the matter. [27572/07]
The total personnel strength of An Garda Síochána as at the 30 November 2007, the latest date for which figures are readily available was 13,780. The total number of Gardaí including trainees as at the same date was 14,823. The accelerated annual intake of approximately 1,100 students will continue to ensure the Government targets in this area are being met.
The detailed allocation of Garda resources including personnel is a matter for the Garda Commissioner to decide on. The Small Area Population Statistics, published by the Central Statistics Office and based on the 2006 Census, are currently being analysed by An Garda Síochána. However, the allocation of additional personnel will be determined by a number of factors including population, crime trends, other operational policing needs and priorities. The allocation of Garda resources is monitored and reviewed on a continual basis and the policing needs of new and developing areas will be fully considered by the Garda Commissioner in the context of overall policing requirements.
56 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform when it is intended to roll out fixed speed cameras; and if he will make a statement on the matter. [23643/07]
In accordance with EU Directives, relevant legislation and national public procurement procedures, a Request for Information (RFI) for the provision and operation of safety cameras on behalf of An Garda Síochána was published on the Government's procurement website on 24 November, 2006. Following the evaluation of the submissions received in respect of the RFI a total of six companies/consortia were short-listed in February, 2007 to participate in the next stage of the process.
A detailed Request for Tender (RFT) was issued to the six short-listed candidates, with a closing date of 23 August, 2007 set for receipt of tenders. The process of selecting a preferred bidder is at an advanced stage. Following the completion of that process, I intend to submit proposals regarding the project to Government in the near future.
57 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the progress made in the talks between his Department and representatives of the Judiciary regarding the introduction of a judicial council; when the Judicial Council Bill will be published and enacted; and if he will make a statement on the matter. [34520/07]
As I indicated in my reply to an earlier question on the same topic on 9 October last (No. 158), work on the scheme of the Judicial Council Bill to build on the report of the Committee on Judicial Conduct and Ethics is at an advanced stage of development in my Department. That Report recognised the need for a procedure for dealing with complaints of judicial misconduct which, while serious in itself, might not warrant the ultimate sanction of impeachment by the Oireachtas.
Consultations on the proposed Bill have, as is usual in the development of any legislative proposals, taken place with the Office of the Attorney General. It was also considered prudent, given the nature of the subject, to consult with the Chief Justice. While some preliminary views were received, the Chief Justice requested an opportunity to offer further views at a later stage. The Chief Justice has publicly stated that the proposals for a Judicial Council are being examined across the various court jurisdictions and has advised my Department of progress in that respect. I welcome this progress on examination of the proposals and look forward to hearing the comments of the Judiciary when their deliberations are completed.
58 Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform the number of sporting organisations that have yet to apply for registration for Garda vetting for their employees and volunteers; the number of employees and volunteers engaged by sports organisations in receipt of funds from the Sports Council; his views on whether the vast majority of these have not been vetted; and if he will make a statement on the matter. [31804/07]
The Garda Central Vetting Unit (GCVU) is currently well-advanced in the phased expansion of its criminal history vetting service to all sectors and organisations having client groups of children and vulnerable adults. In the case of the sports sector, this expansion is being managed in liaison with the Irish Sports Council (ISC), which is represented on the multi-agency Implementation Group on Garda Vetting overseeing the implementation of the national strategy on vetting.
The methodology employed is that the ISC liaises with the National Governing Bodies (NGBs) of sport in respect of the introduction of vetting. The ISC notifies the GCVU both when a new NGB is in a position to apply for registration with the Unit and of the nominated person in the NGB to manage the process of vetting for that sport. The GCVU then liaises with this nominated person in the NGB in order to commence the registration process. On registration, the GCVU delivers training to the NGB, and the vetting service is then extended to that NGB and sport. This methodology, which has been approved by the Implementation Group on Garda Vetting, is designed to promote both the integrity and professionalism of the vetting process.
I am informed by the Department of Arts, Sport and Tourism that, to date, 16 NGBs have registered with the GCVU, which, as a consequence, has extended its vetting service to those NGBs and sports. I am further informed that the ISC has recently notified the GCVU that a further 12 NGBs are in a position to commence the registration process. As of today's date, the process of registering those 12 NGBs has commenced, and it is envisaged that this will be completed and vetting extended to these NGBs and sports by the end of January 2008. I am also informed that a further 38 NGBs funded by the ISC have yet to commence the registration process. However, it is expected that the registration of these outstanding NGBs and the consequent extension of vetting to them will be completed by the end of 2008. The numbers of employees and volunteers involved are not readily available.
I am satisfied that the GCVU, in conjunction with the ISC, is progressing the phased expansion of vetting in a professional and expeditious manner, and I look forward to its completion as soon as possible.
59 Deputy Dan Neville asked the Minister for Justice, Equality and Law Reform the circumstances surrounding the death from suicide by a person (details supplied) in Limerick Prison. [34477/07]
The person referred to by the Deputy was found in his cell by prison staff at Limerick Prison at approximately 9 p.m. on the 1st of December, 2007. He was examined, in the cell, by a doctor who pronounced the prisoner dead. In common with all deaths in prison custody, the cause of death is a matter to be determined by a Coroner's Court.
60 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the progress made by the gardaí in their investigation into possible involvement by Irish residents in an international child pornography ring as part of Operation Koala; if a file has been sent to the Director of Public Prosecutions; and if he will make a statement on the matter. [34521/07]
I am informed by the Garda authorities that as a result of information received five persons have been identified as suspects in the world-wide operation into possession of child pornography titled Operation Koala. I am further informed that the addresses of all five suspects have been searched by Gardaí pursuant to section 7 of the Child Trafficking and Pornography Act 1998. A number of media and electronic storage devices have been seized for forensic examination, which is taking place at present. As this is an ongoing Garda investigation, it would be inappropriate for me to comment further at this time.
61 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform if he will make a statement on the recently announced Garda data protection code of practice; if he is satisfied that adequate procedures are in place to prevent the inappropriate release of information held by the Garda; and if he will make a statement on the matter. [34525/07]
The Data Protection Code of Practice for All Employees of An Garda Síochána was launched on Monday, 12 November 2007 by the Garda Commissioner and the Data Protection Commissioner and has been issued to all employees of the Garda Síochána. I am informed by the Garda authorities that the Garda Síochána is the first public authority to have issued such a Code of Practice and this reflects the commitment of the organisation to ensuring compliance with data protection legislation. The Code of Practice provides instructions and guidance in respect of the role and responsibilities of all employees of the Garda Síochána under the Data Protection Acts 1988 and 2003. Garda management is satisfied that the Code of Practice adequately addresses issues and procedures surrounding the protection and disclosure of data.
62 Deputy Frank Feighan asked the Minister for Justice, Equality and Law Reform the progress his Department has made in its examination of the report of the study group on pre-nuptial agreements published in early 2007. [34572/07]
I refer the Deputy to my reply to Questions No. 64 and 131 on 7 November 2007. I have nothing further to add to the details of that response.
63 Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used in respect of each year from 1998 to date in 2007; the number of such cases in which prosecutions for murder were initiated; the number of such cases where convictions were secured; if he is satisfied with the level of detection and conviction in such cases; and if he will make a statement on the matter. [34533/07]
I am informed by the Garda authorities that the table shows the numbers of cases of murder recorded in which firearms were used, proceedings commenced and convictions secured in each year from 1998 to 2006 and in 2007 up to 9 December. Figures provided for 2007 are provisional, operational and liable to change. It should be noted that for specific cases proceedings commence and convictions are obtained on a continuing basis.
All killings, regardless of the persons or the circumstances involved, are the subject of a rigorous investigation by An Garda Síochána. The identification of the motive and the evidence available to support that identification are key elements of the investigation and prosecution process. On completion of such investigations an investigation file is forwarded to the Law Officers who direct what charges, if any, are to be preferred. It is then a matter for the courts to decide on a person's guilt or innocence.
An Garda Síochána recently introduced a package of crime investigation initiatives, which include:
the establishment of a Crime Training Faculty at the Garda College, Templemore, to provide a professional and comprehensive training programme for those charged with management of serious crime investigations;
Senior Investigating Officers, to take charge of serious crime investigations;
Incident Room Co-ordinators, to manage serious crime investigation incident rooms;
Specialist Victim Interviewers, for the interviewing of persons under 14 years of age, with special needs or victims of sexual crime;
Forensic Collision Investigators, to investigate road traffic collisions, primarily those involving fatalities;
The development of a Major Investigation Management System, to provide a PULSE-based management system for all serious investigations;
The introduction of pre-screening and competency based interviewing for the selection of personnel for the positions of Detective Garda and Detective Sergeant;
The appointment of 21 Detective Inspectors, allocated on the basis one per District in the Dublin Metropolitan Region and one per Division outside of the DMR;
The appointment of additional Detective Superintendents, one per District in the Dublin Metropolitan Region and one per Region outside of the DMR.
The establishment of a Serious Crime Review Team, to review "cold cases".
This initiative will add significantly to the investigative capacities of the Gardaí. The number of murders recorded in which a firearm was used, proceedings commenced and convictions for the years 1998 to 2006 and in 2007 up to 9 December
|
Year |
Recorded |
Proceedings Commenced |
Convictions |
|
2007 (to 9 December) |
18 |
2 |
0 |
|
2006 |
26 |
5 |
2 |
|
2005 |
22 |
2 |
2 |
|
2004 |
9 |
5 |
4 |
|
2003 |
20 |
4 |
2 |
|
2002 |
11 |
5 |
4 |
|
2001 |
9 |
2 |
2 |
|
2000 |
12 |
6 |
2 |
|
1999 |
12 |
7 |
5 |
|
1998 |
4 |
2 |
1 |
64 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform the regulations governing the involvement of members of the Garda in party political matters and their attendance at political functions; if his attention has been drawn to the reported attendance of a senior Garda officer at a fund raising function (details supplied); if such an attendance would be consistent with regulations and if he will make a statement on the matter. [34524/07]
The Garda Síochána Discipline Regulations were introduced by Statutory instrument in May 2007. Included in the "Acts or Conduct Constituting Breaches of Discipline" is the following:
"Prohibited spare-time activity, that is to say—
(a) identifying himself or herself actively or publicly with a political party,
(b) behaving in relation to political matters in such a manner and in such circumstances as to give rise to reasonable apprehension among members of the public in relation to his or her impartiality in the discharge of his or her duties, or
(c) engaging (whether for reward or otherwise) in any activity which, though not mentioned in subparagraph (a) or (b), is prohibited by the Commissioner (by either general or special directive) as being—
(i) likely to interfere with the proper discharge of his or her duties, or
(ii) likely to give rise to reasonable apprehension among members of the public in relation to his or her impartiality in the discharge of those duties, or
(iii) for good and stated reasons, inappropriate for members to engage in."
I have been informed by the Garda Commissioner that the circumstances of the officer's attendance at this social event with friends did not constitute a breach of the discipline regulations. The officer was a passive attendee in a social context and took no part in political matters. The officer has not engaged in any prohibited activity which would interfere with the discharge of his duties or which would give apprehension in relation to his impartiality in the discharge of his duties.
65 Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform if he will make a statement on the Estimate for his Department for 2008. [34540/07]
I wish to refer the Deputy to the press release which my Department issued on 5 December, 2007 in relation to the 2008 Estimates, which sets out key features of interest. The press release is available on my Department's website (www.justice.ie). I would also refer the Deputy to my remarks in this House on Thursday 6 December, 2007 during the course of the Budget debate, in which I elaborated on my priorities for the year ahead.
66 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform his views on the proposals from a group (details supplied) for the introduction of a bridging visa for a short period for migrants from outside the EU who have entered Ireland lawfully but have become undocumented for reasons beyond their control; and if he will make a statement on the matter. [34541/07]
I have no proposals to introduce any general regularisation programme for undocumented migrant workers in the State. Each case must be considered on its individual merits and this approach is being followed in respect of those brought to the attention of the immigration authorities where the migrant has become undocumented after previously holding a work permit. Depending on the circumstances of the case the individual may be permitted to remain on in the State for the purposes of seeking a new work permit and granted a short term residence permit to enable them to do so.
The introduction of temporary permits or bridging visas without a proper examination of the circumstances of each case would amount to a general regularisation for persons who do not have permission to be in the State. Such regularisations are highly problematic and carry the danger of creating a pull factor for illegal migration. I am aware of the proposal referred to by the Deputy. My understanding is that it would not differ radically in its contents from what is happening in practice for persons who formerly held employment permits, particularly with regard to adopting a case by case approach. In general, if a person who is illegally in Ireland wishes to regularise his or her position, he or she should leave the State voluntarily and seek to return through the legal channels.
67 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the number of youth diversion programmes in operation here; the locations they are in place; his plans to expand these vital programmes; and if he will make a statement on the matter. [34591/07]
Last October, I announced the establishment of an additional 7 Garda Youth Diversion Projects, fulfilling the commitment to increase the total number of projects operating throughout Ireland to 100 by the end of this year. There are 31 projects operating in Dublin, 11 in Cork, and 6 each in Kerry and Limerick. There are 5 projects in Waterford and 4 each in Galway, Louth and Tipperary. Offaly and Wexford have 3 projects. Clare, Donegal, Kildare, Laois, Mayo, Meath, Westmeath and Wicklow all have 2 projects while Carlow, Cavan, Kilkenny, Longford, Roscommon and Sligo and Monaghan all have one. Further details are set out in the table.
Finally, the Programme for Government contains a commitment to increase the number of Garda Youth Diversion Projects to 168 in the lifetime of this Government. On this note, I am pleased to inform the Deputy that additional resources have been allocated to fund the further expansion of youth diversion projects and programmes in 2008.
|
County |
GYDP |
Town/Area |
|
Carlow |
HUB |
Carlow Town |
|
Cavan |
Cavan 365 |
Cavan Town |
|
Clare |
Ennis Youth |
Ennis |
|
Kilrush |
Kilrush |
|
|
Cork |
Ballincollig |
Ballincollig |
|
Bandon |
Bandon |
|
|
Douglas West |
Douglas |
|
|
FAYRE |
Farranree |
|
|
Feabhas |
Cobh, Cork |
|
|
GAP |
Cork City |
|
|
Knocknaheeney/ Holyhill |
Cork City |
|
|
Mallow |
Mallow |
|
|
MAY |
Blackrock |
|
|
TACT |
Togher |
|
|
Youghal |
Youghal |
|
|
Donegal |
Falcarragh |
Falcarragh |
|
LEAF |
Raphoe |
|
|
Dublin |
ABLE |
Dublin 10 |
|
APT |
Dublin 24 |
|
|
Ballymun |
Dublin 9 |
|
|
Ballyogan |
South County Dublin |
|
|
Brookefield |
Dublin 24 |
|
|
Cabra Step Up |
Dublin 7 |
|
|
CODY |
Dublin 10 |
|
|
Crumlin |
Dublin 12 |
|
|
DAN |
Dublin 8 |
|
|
DIME |
Dublin 1 |
|
|
FAN |
Dublin 11 |
|
|
Finglas East |
Dublin 11 |
|
|
GRAFT |
Dublin 22 |
|
|
HAY |
Dublin 1 |
|
|
JAY |
Dublin 24 |
|
|
KEY |
Dublin 24 |
|
|
LAB |
Dublin 18 |
|
|
MOST |
Dublin 1 |
|
|
NICKOL |
Dublin 1 |
|
|
ORB |
Dublin 15 |
|
|
Poddle Close |
Dublin 12 |
|
|
SAY |
Dublin 18 |
|
|
Store Street |
Dublin 1 |
|
|
SWIFT |
Dublin 22 |
|
|
Swords |
North County Dublin |
|
|
The Valley |
Dublin 22 |
|
|
WEB |
Dublin 15 |
|
|
Woodale |
Dublin 17 |
|
|
YAK |
Dublin 5 |
|
|
YEW |
Dublin 16 |
|
|
YIS |
Dublin 8 |
|
|
Galway |
BAN |
Ballybane |
|
Junction |
Ballinasloe |
|
|
Treo Nua |
Tuam |
|
|
Westside Galway |
Galway City |
|
|
Kerry |
An t-Oilean |
Castleisland |
|
BAPADE |
Killarney |
|
|
Connect 7 |
Tralee |
|
|
Just Us |
Tralee |
|
|
MY |
Tralee |
|
|
NK10 |
Listowel |
|
|
Kildare |
The Bridge |
Celbridge |
|
The Curragh |
The Curragh |
|
|
Kilkenny |
Kilkenny |
Kilkenny City |
|
Laois |
BLOCK |
Portlaoise |
|
Portarlington |
Portarlington |
|
|
Limerick |
Ballynanty |
Limerick City |
|
CCYDG |
Moyross, Limerick City |
|
|
King’s Island |
Limerick City |
|
|
LSCYI |
Limerick City |
|
|
Newcastle West |
Newcastle West |
|
|
Watergate/ Garryowen |
Limerick City |
|
|
Longford |
LEAP |
Longford Town |
|
Louth |
Boyne |
Drogheda |
|
Drogheda |
Drogheda |
|
|
High Voltage |
Dundalk |
|
|
TEAM |
Dundalk |
|
|
Mayo |
YAB |
Ballina |
|
YAC |
Castlebar |
|
|
Meath |
NYPD |
Navan |
|
SMART |
Trim |
|
|
Monaghan |
Monaghan NYP |
Monaghan |
|
Offaly |
ACORN |
Edenderry |
|
SUB |
Birr |
|
|
Tullamore |
Tullamore |
|
|
Roscommon |
RAD |
Roscommon Town |
|
Sligo |
YAPS |
Sligo Town |
|
Tipperary |
Carrick-On-Suir |
Carrick-On-Suir |
|
CYD |
Clonmel |
|
|
Roscrea |
Roscrea |
|
|
Tipperary |
Tipperary Town |
|
|
Waterford |
BALL |
Lisduggan |
|
DAY |
Dungarvan |
|
|
PACT |
Waterford City |
|
|
SWAY |
Waterford City |
|
|
Tramore |
Tramore |
|
|
Westmeath |
ALF |
Athlone |
|
EYE |
Mullingar |
|
|
Wexford |
Enniscorthy |
Enniscorthy |
|
New Ross |
New Ross |
|
|
SAFE |
Coolcotts |
|
|
Wicklow |
Bray New Directions |
Bray |
|
WAY |
Wicklow Town |
68 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform if he has agreed a definition of integration and integration policy with the Minister of State responsible for integration; the input this Minister of State has into the development of immigration policy; and if he will make a statement on the matter. [34546/07]
As Minister for Justice, Equality and Law Reform I have overall responsibility for immigration policy. Broadly, that means setting policy, in relation to foreign nationals, for entry to the State, residence within it, removal if necessary and citizenship together with all aspects of Ireland's protection regime. This responsibility is given effect to by, inter alia, bringing forward legislation, establishing administrative schemes and in the ongoing decision making within the immigration system. Policy making in the immigration area is informed by the views of other Ministers and their Departments where immigration interacts with matters falling within their policy remit.
The Deputy will be aware of the establishment earlier this year of a separate office for integration under the Minister of State, Mr. Conor Lenihan, T.D. In addition to reflecting the importance placed by this Government on integration matters, the location of the office in the Department of Education and Science, the Department of Community, Rural and Gaeltacht Affairs, and my own Department was also a significant step in bringing together these closely-related policy areas. In this context, the Minister of State continues to have a specific role in representing the integration aspects of immigration policy. Indeed, he has a cross-Departmental mandate to drive and co-ordinate integration policy across all Government Departments and will, I understand, shortly be chairing a cross-Departmental group in this regard.
As regards definitions of integration and integration policy, our own approach in this area is confirmed by international experience which, rather than seek agreement on precise definitions, seeks to put the emphasis on the principles needed to underpin progress on integration objectives. The Deputy may also wish to know that such principles were discussed at a recent major consultation workshop with a wide range of stakeholders and its findings will inform ongoing policy development in this area.
There are many definitions of integration available on the international scene. One that certainly influences Irish policy makers is the EU definition contained in its eleven Common Basic Principles for Immigrant Integration Policy which are as follows: Integration is a dynamic, two-way process of mutual accommodation by all immigrants and residents of Member States; Integration implies respect for the basic values of the European Union; Employment is a key part of the integration process and is central to the participation of immigrants, to the contributions immigrants make to the host society, and to making such contributions visible; Basic knowledge of the host society's language, history, and institutions is indispensable to integration; enabling immigrants to acquire this basic knowledge is essential to successful integration; Efforts in education are critical to preparing immigrants, and particularly their descendants, to be more successful and more active participants in society; Access for immigrants to institutions, as well as to public and private goods and services, on a basis equal to national citizens and in a non-discriminatory way is a critical foundation for better integration; Frequent interaction between immigrants and Member State citizens is a fundamental mechanism for integration. Shared forums, intercultural dialogue, education about immigrants and immigrant cultures, and stimulating living conditions in urban environments enhance the interactions between immigrants and Member State citizens; The practice of diverse cultures and religions is guaranteed under the Charter of Fundamental Rights and must be safeguarded, unless practices conflict with other inviolable European rights or with national law; The participation of immigrants in the democratic process and in the formulation of integration policies and measures, especially at the local level, supports their integration; Mainstreaming integration policies and measures in all relevant policy portfolios and levels of government and public services is an important consideration in public-policy formation and implementation; Developing clear goals, indicators and evaluation mechanisms are necessary to adjust policy, evaluate progress on integration and to make the exchange of information more effective.
69 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he will make a statement detailing the rationale behind cutting funding to probation services for offenders by 10%. [34626/07]
The Probation Service is an integral part of my Department and through its work in the community and in the prisons, contributes in a significant way to the rehabilitation of offenders. Therefore, I am very pleased to advise the Deputy that the total budget allocated to the Probation Service for 2008 is €64.039 m which is an overall increase of 8% on the 2007 allocation of €59.323m.
I am also pleased to advise the Deputy that there has been a substantial increase of 44% in the budget allocation for Juvenile Offending initiatives. Overall I am satisfied that the combined allocation of the funding for "Services to Offenders" and "Juvenile Offending Initiatives" in the Probation Service budget allocation for 2008 is sufficient to meet the needs of the client group of the Service.
70 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform his views on the report on the prison system here, recently issued by Catholic prison chaplains, which described the system as dysfunctional and called for radical changes in the system; and if he will make a statement on the matter. [34528/07]
While the Report contains strongly worded criticism of the prison system, in fairness it also rightly recognises the progress that we are making in improving the system and highlights some of the major developments which have take place in the period covered by the Report. In particular, the Report welcomed the significant progress we are making in enhancing the range of rehabilitative services within the prisons and the provision of additional staffing to support these activities including extra nurses and officers to support drug treatment, the awarding of a contract for Addiction Counsellors in the system and the recruitment of additional psychologists. I should also add that well placed senior managers in the Prison Service and my Department would trenchantly reject the suggestion that the Irish Prison System is dysfunctional.
The Irish Prison Service is currently planning for the roll out of Integrated Sentence Management (ISM), which will be funded under the National Development Plan, starting in 2008 and delivered progressively over the lifetime of the Plan. Delivering Integrated Sentence Management is a key task for the Irish Prison Service. ISM will provide for initial assessments, individualised plans and access to services for each prisoner.
The Plan provides funding for the roll out of Integrated Sentence Management throughout the Irish Prison Service estate. ISM will involve a new orientation in the delivery of services to prisoners and a new emphasis on prisoners taking greater personal responsibility for their own development through active engagement with both specialist and non-specialist services in the prisons. The end result should be a prisoner-centred, multidisciplinary approach to working with prisoners with provision for initial assessment, goal setting and periodic review to measure progress. Piloting of this process has commenced in two prisons, and roll out to all prisons in the prisons estate will be achieved progressively over the lifetime of the National Development Plan.
There are a number of issues raised in the Report to which the Deputy refers, which I would like to particularly make reference to. The suggestion that there are only eight spaces available on the Sex Offender Programme does not reflect the reality that the IPS have experienced difficulties in recruiting suitably motivated offenders to this programme in recent years. There is no question of any sex offender who wishes to participate on this programme being denied a place due to the lack of availability. The IPS will provide as many programmes for these offenders as are required. In addition, it should be noted that in addition to the men currently undertaking that programme, circa sixty other sex offenders have participated during the last year in one-to-one work related to their offending.
In relation to reintegration, the Irish Prison Service, in partnership with community based groups, have developed a number of projects supporting prisoner reintegration in recent years. These projects have focused on the range of issues facing prisoners on their release such as homelessness, unemployment etc.
Significant additional resources have been dedicated to enhancing the range and quality of drug treatment services in the prison since the launch of the Irish Prison Service Drugs Policy ‘Keeping Drugs Out of Prisons' in 2006. This has included the appointment of additional Addiction Nurses, Psychologists and Prison Officers and the awarding of a contract for the provision of 24 Addiction Counsellors. The range and quality of drug services in prisons has been significantly improved and the Irish Prison Service will continue with their phased implementation of the policy of investing in these services.
71 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform if he will bring forward good samaritan legislation as outlined in a recent Law Reform Commission report; and if he will make a statement on the matter. [34634/07]
The Law Reform Commission published on 29 November 2007, a Consultation Paper on Civil Liability of Good Samaritans and Volunteers. The Commission have asked for submissions on the provisional recommendations contained in the Consultation Paper. At the end of the consultation period, the Commission will issue a final Report. In that context, it would be premature for me to bring forward legislation on this matter in advance of the publication of the Commission's final Report.
72 Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform the number of members of the Garda Reserve recruited to date; the stations to which they have been allocated; the number of applicants for the Reserve currently in training; when he expects that the full complement of 1,500 will be in place; and if he will make a statement on the matter. [34537/07]
The total personnel strength of the Garda Reserve including trainees as at 10th December 2007 was 292, of whom 171 were fully attested. At a graduation ceremony taking place in the Garda College today, it is expected that a further 46 trainees will be attested.
The 171 attested members are attached to the following Stations: DMR (Dublin Metropolitan Region) Stations: DMR South Central Division — Pearse St, Kevin Street, Kilmainham and Donnybrook. DMR North Central Division — Store St, Bridewell and Fitzgibbon Street. DMR West Division — Clondalkin, Finglas, Lucan, Ballyfermot and Blanchardstown. DMR North Division — Santry, Raheny, Swords, Clontarf, Coolock, Ballymun and Balbriggan. DMR South Division — Crumlin, Sundrive Road, Rathmines and Terenure. DMR East Division — Bray, Dun Laoghaire and Blackrock. Stations outside DMR: Anglesea Street, Cork, Midleton, Sligo, Galway, Henry Street, Limerick, Ennis, Clare, Tralee, Kerry, Waterford, Kilkenny, Wexford, Gorey, Newbridge, Baltinglass, Clonmel, Cahir, Cavan town, Monaghan town, Drogheda, Castlebar.
Recruitment is continuing and regular promotional efforts to attract potential Reserve members are being undertaken. Garda Reserve members undertake their training and other duties on a voluntary basis during their free time. As a result it is not possible to predict how many people will commence training in any particular month. I cannot predict exactly when the full complement of Garda Reserve members will be reached but I can assure the Deputy that An Garda Síochána have advised that they are making every effort to reach it as soon as possible.
73 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform his views on whether automatic remission of prison sentences should be removed and replaced with remission that is earned by prisoners; and his proposals in this regard. [34010/07]
Certain categories of prisoner are excluded from standard remission of sentence under the Prison Rules and these are as follows: Life sentence prisoners; Persons convicted of debtor offences; Persons convicted of contempt of court; Persons being held on remand warrants; Persons serving a sentence of less than one month. Other prisoners are eligible to earn remission of 25% of their sentence by good conduct. The position is that provided the conduct of the prisoner is not found in disciplinary proceedings to warrant loss of remission, the prisoner will be deemed to have earned 25% remission.
The programme for Government envisages a close link between rehabilitation and remission. Provision has recently been made whereby prisoners may be granted additional remission, bringing total remission to up to one third of their sentence, where the prisoners in question have shown further good conduct by engaging in structured activity that is likely to reduce the risk of re-offending and make them better able to reintegrate into the community.
My officials have kept track of developments in remission and parole in other jurisdictions and I know that the Council of Europe has also studied the matter. Each system has advantages and disadvantages but there is no one approach accepted as best practice. I will continue to keep the position under review.
74 Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform the number of prisoners serving life sentences that were released each year during the past decade, outlining the number of years each prisoner had served; and if he will make a statement on the matter. [34576/07]
I am advised by the Director General of the Irish Prison Service that the number of prisoners serving life sentences who were given extended temporary release in each of the past ten years are as follows:
|
Year |
Number Released |
|
1996 |
5 |
|
1997 |
3 |
|
1998 |
8 |
|
1999 |
8 |
|
2000 |
6 |
|
2001 |
5 |
|
2002 |
4 |
|
2003 |
2 |
|
2004 |
0 |
|
2005 |
1 |
|
2006 |
1 |
In the period in question, a total of 43 life sentence prisoners were given extended temporary release. These prisoners had, on average, served over thirteen years in custody.
All prisoners who are serving life sentences are eligible to have their cases reviewed by the Parole Board when they have served seven years in custody. The Board, which was established in 2001, makes recommendations to the Minister in relation to the management of offenders serving long sentences. While it is open to the Parole Board to make any recommendation, the experience of recent years with both the Parole Board and the Sentence Review Group (the predecessor to the Parole Board) is that life sentenced prisoners are normally reviewed on a number of occasions over a number of years before any substantial concessions are recommended.
It is important to note that a life sentence is indeterminate and there is no guaranteed release date. However, it does not always mean life in prison. Persons released into the community continue to serve their sentences, subject to conditions, while on release. It is generally accepted, both in Ireland and in other jurisdictions, that prisoners serving life sentences who are deemed suitable for release and who have spent a considerable number of years in prison should be paroled at the most appropriate time for re-integration. Each case is dealt with on its merits and the length of time spent in custody can vary substantially.
75 Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform if he has expressed his concern to the Data Protection Commissioner on a recent report in relation to the disposal of records of clients from a law centre; and if he will make a statement on the matter. [34574/07]
I assume the Deputy is referring to the matter which was the subject of a newspaper article on 5 December last and again on 6 December. The Legal Aid Board has advised me that it is extremely concerned at these events and that it quickly moved to appoint a retired senior public servant to conduct an independent investigation once the incident came to its attention last July. The Board expects the final investigation report shortly. A separate investigation has subsequently been initiated into the apparent unauthorised disclosure of client correspondence implied by the second of the above newspaper articles.
The Board has advised the Data Protection Commissioner of the unauthorised disclosure and disposal of material and will keep the Commissioner advised as to the findings of the investigations. The Board has also emphasised that it is very conscious of its obligations to treat client information in confidence and has taken, and continues to take, all necessary steps to ensure that the interests of any clients and applicants for legal aid that might have been affected by the disposal and disclosure are protected.
77 Deputy Kathleen Lynch asked the Minister for Justice, Equality and Law Reform if he will make a statement on the work to date of the Garda Ombudsman Commission. [34531/07]
The Garda Síochána Ombudsman Commission opened its doors to complaints from members of the public seven months ago. It received 1,869 complaints from members of the public in the period 9th May to 30th November 2007. Of these, 455 were deemed inadmissible and a further 560 are pending. 854 complaints were deemed admissible. A further 231 cases were referred to it by the Garda Commissioner in accordance with the provisions of section 102(1) of the Garda Síochána Act 2005.
It is important that the work of the Ombudsman Commission be the subject of careful and reasoned evaluation when there is sufficient experience of its operation. In my view informed scrutiny will be greatly facilitated by the rigorous nature of the statutory reporting requirements imposed on the Commission itself under the Garda Síochána Act 2005.
The Ombudsman Commission must report to the Minister on its activities within three months of the end of each calendar year. Furthermore it must within two years of its establishment submit a report to the Minister on its effectiveness (including any recommendations for improvement) and on the adequacy of the functions assigned to it by the Act. In addition, the Ombudsman Commission is required to report to the Minister on the general performance of its functions within five years of its establishment and is specifically empowered to make any other reports to the Minister that it considers appropriate in relation to grave or exceptional circumstances. Finally, as Minister I am obliged to lay all of the foregoing reports before the Houses of the Oireachtas.
78 Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform when he expects to have the results of efforts to establish the identity of the body of an unidentified female, washed ashore at Kilmuckridge, County Wexford on 12 December 1995 which was recently exhumed; and if he will make a statement on the matter. [34532/07]
Following a complete review, conducted by An Garda Síochána, of all aspects of the burial of the remains of an unidentified woman in County Wexford in 1995, and at their request, I authorised the exhumation of the remains. The exhumation took place on 28 November, 2007 and a post-mortem examination was conducted by the State Pathologist. I am informed that samples of bone were forwarded to the Forensic Science Service in Birmingham, England for DNA analysis and comparison on 29 November, 2007. It is expected that the tests will take a number of weeks.
79 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the steps he will take to address the issue of anti-social behaviour; and if he will make a statement on the matter. [25233/07]
Under the Garda Síochána Act 2005 it is open to me to set policing priorities for An Garda Síochána. I recently announced these priorities for 2008. One of the priorities I have set is to combat, particularly in co-operation with other agencies and the community generally, the problems of public disorder with particular emphasis on alcohol related behaviour (including under age drinking) and socially disadvantaged communities especially through utilisation of the legal mechanisms being made available, namely, ASBOs and behaviour warnings and closure orders.
Part 11 of the Criminal Justice Act, 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January, 2007. Part 13 of the Act relating to anti-social behaviour by children was commenced on 1 March, 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children.
Strong provisions are already in place to combat anti-social behaviour. The Criminal Justice (Public Order) Act 1994 modernised the law in this regard. The Intoxicating Liquor Act 2003 contains provisions to deal with alcohol abuse and its effect on public order. The Criminal Justice (Public Order) Act 2003 provides the Garda with powers to deal with late night street violence and anti-social conduct attributable to excessive drinking.
In addition to the criminal law, there is a range of initiatives in place to get at the root causes of this type of behaviour. My policing priorities for 2008 include the expansion of the juvenile liaison scheme and the continued expansion of the Garda Youth Diversion Project. The Garda Juvenile Diversion Programme has proven to be highly successful in diverting young persons away from crime by offering guidance and support to juveniles and their families. The Children Act 2001 gives a statutory basis to the Programme.
Garda Youth Diversion Projects are community-based, multi-agency crime prevention initiatives which seek to divert young people from becoming involved, or further involved, in anti-social or criminal behaviour. By doing so, the projects also contribute to improving the quality of life within communities and enhancing Garda/ community relations. I recently approved the establishment of an additional seven projects, bringing the current total to 100 throughout the country. It is intended to establish a further 68 projects in the lifetime of this Government bringing the total number of projects to 168 nationwide.
More broadly, a number of reforms have taken place in recent years to bring about a more effective youth justice system and these have been enshrined in legislation in the Children Act 2001, as amended. The Act is based on the principles of diversion from crime and anti-social behaviour, restorative justice, the expanded use of community-based sanctions and measures by the courts, and the use of detention only as a last resort. Recent measures have reformed our entire approach to youth justice. The Irish Youth Justice Service, an executive office of my Department which is co-located in the Office of the Minister for Children, now has responsibility for developing youth justice policy and operating the children detention schools.
CCTV schemes are a strong deterrent in fighting crime and anti-social behaviour as well as giving communities greater peace of mind. Both Garda operated and community based CCTV schemes have been set up, and such schemes will continue to be set up.
The Garda Síochána Act 2005 provides for the establishment of a joint policing committee in each local authority administrative area. The purpose of these committees is to provide a forum where members of a local authority and the senior Garda officers responsible for the policing of that area, with the participation of Oireachtas members and community interests, can consult, discuss and make recommendations on matters affecting the policing of the area including the levels and patterns of anti-social behaviour such as the misuse of alcohol and drugs.
There are currently 29 committees established in a pilot phase. In consultation with my colleagues the Ministers for the Environment, Heritage and Local Government and Community, Rural and Gaeltacht Affairs, I propose to roll out the committees to all 114 local authority areas as early as possible in 2008.
I am informed by the Garda authorities that Operation Encounter, commenced by the Commissioner in February, 2002, targets public disorder and anti-social type behaviour by specifically targeting offences contrary to the Criminal Justice (Public Order) Act 1994 and the Intoxicating Liquor Act, 1988 which include the sale and consumption of alcohol by underage persons.
All members of An Garda Síochána proactively target public disorder and anti-social behaviour. Areas subject to such behaviour have been identified as ‘hot-spots' by local Garda management and additional foot and mobile patrols are directed to these areas during times when these offences are more likely to occur. All such incidents, detected by members on patrol or reported to An Garda Síochána, are dealt with immediately, and the suspected offenders are dealt with in accordance with the law.
80 Deputy Lucinda Creighton asked the Minister for Justice, Equality and Law Reform the percentage of prisoners who serve their full sentences; if he will examine the practice of automatic remission in the criminal justice system; and if he will make a statement on the matter. [34503/07]
The following categories of prisoner are not eligible to earn remission of sentence: Life sentence prisoners; Persons convicted of debtor offences; Persons convicted of contempt of court; Persons being held on remand warrants; Persons serving a sentence of less than one month
An analysis of the prisoner population for 10 December, 2007, shows that of the overall figure for those in custody of 3,526, the categories of prisoner aforementioned accounted for 894(25%) of this total. This is broken down as follows:
|
Category |
Number |
|
Life Sentence Prisoners |
240 |
|
Debtors |
15 |
|
Contempt of Court |
2 |
|
Remand prisoners |
615 |
|
Persons serving a sentence of less than one month |
22 |
It has been the law for over 50 years that eligible prisoners may earn 25% remission of sentence for good conduct and almost every eligible sentenced prisoner would earn such remission. The courts are aware of this provision when determining what sentence to impose.
Persons sentenced to life imprisonment continue to be bound by the sentence for the rest of their natural life. Depending on a number of factors, most importantly public safety, and after they have served a lengthy period of imprisonment life sentenced prisoners may be allowed serve part of their sentence in the community on temporary release and subject to conditions.
The programme for Government envisages a close link between rehabilitation and remission. Provision has recently been made whereby prisoners may be granted additional remission, bringing total remission to up to one third of their sentence, where the prisoners in question have shown further good conduct by engaging in structured activity that is likely to reduce the risk of re-offending and make them better able to reintegrate into the community.
My officials have kept track of developments in remission and parole in other jurisdictions and I know that the Council of Europe has also studied the matter. Each system has advantages and disadvantages but there is no one approach accepted as best practice. I will continue to keep the position under review.
81 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform his views on the concerns expressed by a person (details supplied) that the building of large scale prisons, such as Thornton Hall, will do nothing to reduce violence in prisons and that smaller units are a better way to minimise violence and provide opportunities for rehabilitation; and if he will make a statement on the matter. [34527/07]
The concerns expressed by the individual referred to by the Deputy are set out in a recently published article. That article states that instead of having smaller units with self contained facilities at the new Thornton Hall prison development in North County Dublin, it instead appears that the intention of the Irish Prison Service is to have two main prison buildings on the complex each accommodating between 400-500 male prisoners, with shared facilities. Such a course of action, the author claims, would mean that threats of intimidation and violence would infect the regime of the new prison.
This assertion is completely without factual basis and I have been informed by the Irish Prison Service that they are unclear as to what the author is basing his views as he has never seen the proposed plans for the new prison development.
I can assure the Deputy the secure and safe custody of all prisoners and staff has been and will continue to be the primary focus of efforts at the conceptual, study and design stages of the Thornton Hall project.
Thornton Hall will not operate as a single large prison, but rather a campus development containing eight individual, practically self-contained facilities, each with its own unique and discrete regime which will give access to work training, education, rehabilitative programmes and recreation areas and activities appropriate to that population. Such a range of facilities cannot be provided to prisoners on a wide scale basis at their present locations in Mountjoy.
The accommodation units in Thornton Hall will encompass a range of accommodation styles and designs. The main house blocks will contain 192 cells over four wings with two landings per wing. The range of accommodation facilities reflects that some accommodation units will have no more that ten rooms in each house and some accommodation is singular apartments style. This range of accommodation styles and design will allow for the appropriate and separate accommodation of prisoners who may be in conflict on the outside.
83 Deputy Alan Shatter asked the Minister for Justice, Equality and Law Reform the consideration given to date to implementing arrangements between this State, the United Kingdom and other European Union member states for the reciprocal enforcement of pension adjustment orders made in matrimonial proceedings; if his attention had been drawn to the fact that considerable difficulties can arise as a consequence in particular of trustees of English pension schemes being unwilling to comply with pension adjustment orders made by the courts here; and the action he will take to address this difficulty. [34611/07]
My Department has no plans to negotiate bilateral reciprocal arrangements for the recognition and enforcement of pension adjustment orders with each of the Member States of the European Union. The EU Commission's current work programme on civil judicial co-operation aims to create an area which envisages rules on jurisdiction, recognition and conflicts of laws in the civil law field. The issue of pension adjustment orders may be addressed within this context.
84 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform his plans to reform regulation of the property management sector, in order to cease practices such as developers refusing to transfer responsibility of apartment schemes to the residents and the excessive service charges imposed by those same developers; and if he will make a statement on the matter. [28884/07]
In December 2006, the Law Reform Commission published a Consultation Paper on Multi-Unit Developments which highlighted a broad range of issues relating to the governance and operation of such developments, including problems arising from the manner in which company law currently applies to property management companies. The Consultation Paper suggested that action to address these problems would be required across several policy fields, including company law, consumer protection law and the development of regulatory structures.
Following publication of the Law Reform Commission's Consultation Paper, the Government established a high-level interdepartmental committee to assist in the development of a coherent and comprehensive response to the broad range of issues arising in relation to multi-unit developments and the governance and operation of property management companies.
A key task of the committee is to identify the legislative and administrative actions to be taken in response to the definitive reform recommendations which, following a lengthy consultation process, will be set out in the Law Reform Commission's forthcoming Report on Multi-Unit Developments and to determine a timescale for their implementation. I understand that the Commission's Report is currently nearing completion and I can assure the Deputy that I am absolutely determined to ensure that appropriate action will be taken at an early date in response to the Commission's recommendations for reform in this area.
85 Deputy Arthur Morgan asked the Minister for Justice, Equality and Law Reform the reason funding to the Irish naturalisation and immigration service is being decreased by 4% when according to his parliamentary question responses the numbers of applications being processed have increased dramatically in recent years. [34627/07]
I can inform the Deputy that funding for the Irish Naturalisation and Immigration Service (€53.452m in 2007) included funding allocated for Integration measures. As the Deputy will have noted these measures are now separately funded in Subhead E8 of Vote 19 in 2008. Consequently the allocation to this subhead (€9.293m in 2008) must be taken into account when comparing the allocation of resources to the Irish Naturalisation and Immigration Service in 2007 and 2008. I am satisfied that the level of resources allocated to immigration related activities in my Department will, in the context of overall Departmental budgets, be sufficient to ensure that appropriate levels of service are provided in 2008.
86 Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform his proposals to expand and develop the drugs court; and if he will make a statement on the matter. [34585/07]
The Drug Treatment Court, which originally operated on a pilot basis in the North inner city of Dublin, has been placed on a permanent footing and extended to the Dublin 7 area. The Court uses a multi-disciplinary approach and involves a range of Government Departments and agencies charged with dealing with various aspects of the problem of drug misuse. The Court operates with the assistance of a team which includes the judge, a probation and welfare officer, an addiction nurse, a Garda liaison officer and education/training representative and counsellors. There are plans to extend the Court to the rest of the Dublin Metropolitan District (of the District Court) on a phased basis and discussions with other agencies, including the HSE, are ongoing in this regard.
87 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform his plans to confront the issue of witness intimidation; his views on the necessity to tackle this issue; if he will take action in this regard in the near future; and if he will make a statement on the matter. [34593/07]
204 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the action he has taken to address the problem of witness intimidation; and if he will make a statement on the matter. [34795/07]
205 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if it is intended to introduce special criminal courts in order to combat the problem of witness intimidation; and if he will make a statement on the matter. [34796/07]
207 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the action he proposes to take to stamp out witness intimidation; and if he will make a statement on the matter. [34798/07]
208 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of incidents of witness intimidation or suspected intimidation in the past five years; and if he will make a statement on the matter. [34799/07]
I propose to take Questions Nos. 87, 204, 205, 207 and 208 together.
The intimidation of witnesses is an offence pursuant to Section 41 of the Criminal Justice Act 1999. Section 41 specifies the offence as harming, threatening or menacing or in any other way intimidating or putting in fear another person who is assisting in the investigation of an offence by the Garda Síochána, with the intention of causing the investigation or course of justice to be obstructed, perverted or interfered with. The offence applies to the intimidation of witnesses, jurors or potential jurors or any member of the said persons' families. The offence is punishable upon indictment by a fine or a term of imprisonment of up to ten years.
Moreover, since 1997, the Garda Síochána has operated a Witness Security Programme in response to attempts by criminal and other groups to prevent the normal functioning of the criminal justice system, including threats of violence and systematic intimidation of witnesses. Legislation was not required to establish this Programme, but its operation is supported by complementary legislative provisions in Section 40 of the Criminal Justice Act 1999. Section 40 makes it an offence for any person, without lawful authority, to try to identify the whereabouts or any new identity of a witness who has been relocated under the Programme. The offence is punishable upon indictment by a fine or a term of imprisonment of up to five years.
The Garda Síochána rigorously and conscientiously enforces these statutory provisions. In particular, where the possibility of intimidation of witnesses may be an issue, the case is closely monitored throughout the investigation, up to and including any criminal proceedings. Where a threat to or intimidation of a witness or a potential witness arises during the course of criminal proceedings, the matter may be addressed through the trial judge, who has the discretion to revoke bail or place other sanctions on the accused/suspect. Any such incident would also be the subject of a thorough investigation by the Garda Síochána with a view to seeking directions from the Director of Public Prosecutions (DPP).
In this regard, I am informed by the Garda authorities that the number of proceedings commenced in respect of the offence created pursuant to Section 41 of the 1999 Act for the years 2002 to 2006 are as follows:
|
Year |
Proceedings Commenced |
|
2002 |
11 |
|
2003 |
30 |
|
2004 |
30 |
|
2005 |
22 |
|
2006 |
42 |
Finally, with respect to the Special Criminal Court (SCC), provision already exists for the forwarding for trial in the SCC of persons accused of both scheduled and non-scheduled offences. In the case of scheduled offences which are also indictable offences, such persons shall be returned for trial to the SCC unless the DPP otherwise directs. In the case of non-scheduled offences, such persons can be returned for trial to the SCC upon direction of the DPP. The SCC has already been used in a number of serious non-paramilitary cases. Issues relating to the operation of the Court in such circumstances are, of course, kept under review.
88 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform if he will use the powers available to him under section 22 of the Intoxicating Liquor Act 2003 to provide for the traceability of alcohol sold for consumption off premises; and if he will make a statement on the matter. [34536/07]
I refer the Deputy to my detailed response to Question No.163 on 9 October last in which I outlined the reasons why I do not intend to make regulations under section 22 of the Intoxicating Liquor Act 2003 at this time. I have nothing further to add to the details set out in that reply.
89 Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the comments made by the Master of the High Court, Mr. Edmund Honohan SC, who referred to the systematic failure of self-regulation of solicitors and called for a robust agency to deal with rogue solicitors; his views on the comments made by Mr. Honohan; the proposals the Government has for the effective regulation of solicitors; and if he will make a statement on the matter. [34609/07]
I am aware of the comments to which the Deputy refers. The current regulatory arrangements for solicitors include an independent Solicitors Disciplinary Tribunal appointed by the President of the High Court to investigate complaints of misconduct against solicitors and an Independent Adjudicator.
However, the Government recognises that improved regulation of the legal professions is necessary. That is why legislative proposals for the establishment of a Legal Services Ombudsman have received Government approval. The Ombudsman will replace the Independent Adjudicator and will
provide a form of review for customers of legal services who are dissatisfied with the outcome of a complaint made to the Law Society or Bar Council.
oversee the complaints procedures of the Law Society and Bar Council by examining a selection of complaints files each year taken on a random basis.
oversee admission to the legal professions, particularly with regard to the adequacy of the numbers admitted.
On 12 December 2007 the Dáil Committee on Justice, Equality, Defence and Women's Rights accepted my amendment of the Civil Law (Miscellaneous Provisions) Bill 2006 to delete Part 2 which provided for the establishment of a Legal Services Ombudsman. A separate Bill is currently being drafted in place of Part 2 to provide for the establishment of the Ombudsman.
In addition to this development a number of the recommendations in the Brosnan Report on regulatory matters in relation to solicitors are being provided for in the Civil Law (Miscellaneous Provisions) Bill 2006. For example, the Bill provides for a majority of lay membership of regulatory committees. Provision is also made to ensure better enforcement of orders of the Solicitors Disciplinary Committee.
The Legal Practitioners (Irish Language) Bill 2007 was presented by me to the House on 30 November 2007 and second stage took place earlier today. The Bill promotes the better use of the Irish language by legal practitioners and the provision of legal services through Irish. A Legal Costs Bill is also being developed by my Department to reform the manner in which disputed legal costs are assessed with the allied objective of making the market for civil legal services more predictable, consistent and transparent to consumers.
91 Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform his views on the High Court judgment in the Mr. G case which gave recognition, for the first time, to the rights of unmarried fathers here under European law; if he envisages the need for changes to Irish law arising from the judgment; and if he will make a statement on the matter. [34523/07]
The High Court Judgment was appealed to the Supreme Court which treated the case as a simple question of fact — had the children been unlawfully retained in the UK while an Irish Court was hearing guardianship proceedings? As the answer to this question was yes, the Supreme Court remitted the proceedings back to the UK where the main proceedings are being heard. The advice available to me is that as far as Irish law is concerned the case has no wider implications. However, as indicated in the House on several occasions in response to Questions, my Department is keeping the operation of the law in this general area under ongoing review.
92 Deputy Dinny McGinley asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the inadequacies and lack of facilities at a Garda station (details supplied) in County Donegal; if there are plans to refurbish, extend, renovate or provide a new station; and if he will make a statement on the matter. [34480/07]
The programme of replacement and refurbishment of Garda accommodation around the country is based on agreed priorities established by An Garda Síochána in consultation with the Garda representative associations. The programme is progressed by the Garda authorities working in close co-operation with the Office of Public Works, which has responsibility for the provision and maintenance of Garda accommodation.
I have been informed by the Garda authorities that the station referred to by the Deputy is included in the Garda building programme. The Office of Public Works will continue to carry out necessary maintenance work at the station as requested by the Garda authorities. I am also informed by the Garda authorities that the situation will be kept under review and the relevant Garda officials will continue to liaise closely with the Office of Public Works to ensure that the Garda accommodation requirements in the area are met.
94 Deputy Michael D’Arcy asked the Minister for Justice, Equality and Law Reform his plans to introduce a version of Megan’s law to allow communities the information that a former sex offender is living within their area. [32151/07]
The Sex Offenders Act 2001 provides that the details of all convicted sex offenders be recorded on a sex offenders register. The requirement to register is just one component of the external monitoring of convicted sex offenders. The register is the property of An Garda Síochána and is not available to the public. In exceptional circumstances, such as where the Gardaí are aware of an immediate or serious threat from a particular individual, they may decide to disclose the name of that individual to persons on a strict need to know basis.
In November 2006, a Memorandum of Understanding between Ireland and the UK was signed in relation to the sharing of information on convicted sex offenders travelling between Ireland and our neighbouring jurisdictions. I intend to place this on a statutory basis in a Sexual Offences Bill currently being prepared in my Department. In that context, the operation of the sex offenders register is being examined to identify ways it can be made more relevant and expanded. I have no plans, at this time, to allow for unrestricted public access to the register, as envisaged in ‘Megan's law' type legislation.
95 Deputy David Stanton asked the Tánaiste and Minister for Finance his views on introducing a VAT reduction, exemption or refund for community voluntary groups purchasing emergency life saving medical equipment and supplies such as defibrillators, oxygen and airway management equipment and so on in view of the important role these groups play in the community and the fact that many of these groups are wholly reliant on charitable donations to fund their work; and if he will make a statement on the matter. [34659/07]
The position is that the VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. In relation to the issue of applying an exemption of reducing VAT rates for a certain category of consumer, the position is that the rate of VAT which applies to a particular good or service is determined by the nature of the good or service, and not by the status of the consumer. It would not be possible to reduce or remove VAT on goods purchased by community voluntary groups.
In relation to introducing a VAT refund the position is that charities and non-profit groups engaged in non-commercial activity are exempt from VAT under the EU VAT Directive. This means they do not charge VAT on the services they provide and cannot recover VAT incurred on goods and services that they purchase. Essentially only VAT registered businesses which charge VAT are able to recover VAT.
The tax code already treats charities in a favourable manner. The tax code currently provides exemption for charities from Income Tax, Corporation Tax, Capital Gains Tax, Deposit Interest Retention Tax, Capital Acquisitions Tax, Stamp Duty, Probate Tax, Dividend Withholding Tax and the uniform scheme of tax relief for donations.
96 Deputy Brian O’Shea asked the Tánaiste and Minister for Finance the position regarding the concerns of a person (details supplied) in County Waterford in the matter of the energy tax directive 2004. [34678/07]
The 2003 EU Energy Tax Directive incorporated special derogations which allowed specific excise duty reliefs to be applied in a number of Member States. In the Irish context, these derogations allowed for reduced rates to apply to fuel used for public transport services which includes school transport services.
While these derogations expired on 31 December 2006, Ireland, along with other Member States, sought retention of its derogations beyond that date. However the European Commission, who are the deciding authority, have to date refused all such requests. The Commission maintain that, in keeping with the EU Energy Tax Directive, Member States must apply at least the EU minimum rates of excise on fuels in such circumstances and that any further favourable excise treatment is not allowable. In this regard the Commission's decision was published on its website in March 2007. At the Commission's behest my officials have indicated that Ireland will avail of the forthcoming Finance Bill to make the necessary legislative changes to conform with the Directive.
In the circumstances, the relevant line Departments who have primary responsibility in this regard are, in conjunction with my Department, exploring alternative non-tax support mechanisms that could be put in place where appropriate to maintain the assistance currently being provided, subject of course to compatibility with EU State Aid requirements. In the interim the reduced rates applicable to fuel used will be maintained.
97 Deputy Leo Varadkar asked the Tánaiste and Minister for Finance the number of income-earners in the State; the number of whom pay income tax; the number who do so at the standard and higher rates; and if he will make a statement on the matter. [34697/07]
I am advised by the Revenue Commissioners that the information requested by the Deputy is as follows in respect of the income tax year 2007.
|
Tax year |
Exempt (Standard rate liability fully covered by credits or Age Exemption Limits) |
Marginal Band |
Paying tax at the standard rate (including those whose liability at the higher rate is fully offset by credits) |
Higher rate Liability not fully offset by credits |
All cases |
||||
|
Number |
% |
Number |
% |
Number |
% |
Number |
% |
||
|
2007 |
868,000 |
38.0 |
17,700 |
0.8 |
921,700 |
40.3 |
478,000 |
20.9 |
2,285,400 |
The figures are estimates from the Revenue tax-forecasting model using actual data for the year 2004 adjusted as necessary for income and employment growth for the year in question. It is therefore provisional and likely to be revised. It should be noted that a married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.
98 Deputy Leo Varadkar asked the Tánaiste and Minister for Finance the number of cigarettes, cigars and cigarillos that have been purchased for each of the past ten years; and if he will make a statement on the matter. [34698/07]
I am informed by the Revenue Commissioners that the specific information sought on the number of cigarettes, cigars and cigarillos purchased is not available from Revenue records. However, figures of the quantities of cigarettes and other tobacco products on which Excise has been paid in the State are as set out on the table for the period 1997-2006, together with figures of the net excise receipts.
|
Cigarettes |
Other Tobacco Products |
Total Other Tobacco |
Total |
||||
|
Year |
Quantity 000’s |
Receipts €m |
Cigars Quantity — Kgs |
Fine Cut Quantity — Kgs |
Other Smoking Quantity — Kgs |
Receipts €m |
Net Receipts €m |
|
1997 |
6,272,348 |
700.45 |
78,333 |
108,173 |
72,826 |
26.62 |
727.07 |
|
1998 |
6,422,783 |
753.90 |
80,313 |
116,007 |
70,506 |
28.70 |
782.59 |
|
1999 |
6,868,335 |
830.51 |
79,777 |
126,128 |
65,878 |
31.00 |
861.51 |
|
2000 |
6,848,022 |
923.09 |
81,644 |
123,897 |
60,823 |
35.56 |
958.65 |
|
2001 |
6,771,984 |
1,102.29 |
82,644 |
147,165 |
60,305 |
39.53 |
1,141.82 |
|
2002 |
7,015,554 |
1,099.47 |
79,277 |
135,569 |
52,570 |
37.84 |
1,137.32 |
|
2003 |
6,295,263 |
1,119.45 |
75,965 |
111,904 |
47,129 |
37.80 |
1,157.25 |
|
2004 |
5,330,593 |
1,024.59 |
56,090 |
112,321 |
38,859 |
34.56 |
1,059.15 |
|
2005 |
5,514,228 |
1,053.57 |
48,761 |
95,971 |
38,658 |
25.99 |
1,079.55 |
|
2006 |
5,604,884 |
1,071.39 |
47,164 |
109,464 |
33,825 |
31.95 |
1,103.34 |
99 Deputy Leo Varadkar asked the Tánaiste and Minister for Finance the estimated value of the National Pensions Reserve Fund; and if he will make a statement on the matter. [34699/07]
100 Deputy Leo Varadkar asked the Tánaiste and Minister for Finance the amount of money that has been paid into the National Pensions Reserve Fund by the Exchequer since the establishment of the fund; and if he will make a statement on the matter. [34700/07]
101 Deputy Leo Varadkar asked the Tánaiste and Minister for Finance the amount of money that has been paid into the National Pensions Reserve Fund in each year since its establishment; and if he will make a statement on the matter. [34701/07]
I propose to take Questions Nos. 99 to 101, inclusive, together.
The National Pensions Reserve Fund was established in 2001 to meet as much as possible of the costs of social welfare and public service pensions from 2025 when these costs are projected to increase dramatically due to the ageing of the population. Under the National Pensions Reserve Fund Act 2000, the National Pensions Reserve Fund Commission controls and manages the National Pensions Reserve Fund. The Commission has discretionary authority to determine the Fund's investment strategy in accordance with the Fund's statutory investment policy of securing the optimal total financial return provided the level of risk to the moneys held or invested is acceptable to the Commission.
The National Pensions Reserve Fund Act 2000 provides for the payment each year to the Fund from the Exchequer of a sum equal to 1% of GNP. A total of €15,184 million has been paid into the National Pensions Reserve Fund from the Exchequer to date. The National Pensions Reserve Fund Commission publishes a valuation of the National Pensions Reserve Fund and a report on the Fund's performance quarterly. The market value of the Fund at end-September 2007 was €21.26 billion.
€6,515 million was paid into the Fund from the Temporary Holding Fund for Superannuation Liabilities in 2001. This included 1% of GNP contributions in respect of 1999 and 2000, the proceeds of the sale of Telecom Éireann (€4,528 million) and the interest earned on those sums. The amounts paid over in respect of 2001 and subsequent years under the statutory requirement to pay over an amount equal to 1% of GNP were as follows:
|
Year |
€million |
|
2001 |
972 |
|
2002 |
1,035 |
|
2003 |
1,103 |
|
2004 |
1,177 |
|
2005 |
1,320 |
|
2006 |
1,446 |
|
2007 |
1,616 |
102 Deputy Leo Varadkar asked the Tánaiste and Minister for Finance the number of posts that have been decentralised as part of the current decentralisation programme with respect to his Department and agencies; the cost of mileage and overtime paid with respect to the holders of these posts in the year prior to decentralisation and the year after decentralisation; and if he will make a statement on the matter. [34719/07]
A total of one hundred and twenty (120) posts are now located in new offices in Tullamore. The amounts paid from my Department's Vote in respect of home travel and subsistence (which includes payments for any mileage) for the staff of sections of my Department which decentralised to Tullamore, were as set out in the table. These amounts include payments in respect of mileage, subsistence and other related expenses, some of which would represent one off expenditure relating to the initial transition period. As regards overtime, the amount spent on certain administration services which, prior to decentralisation, had been met from a central business unit for the Department cannot be disaggregated in the time available.
|
Tullamore |
Domestic travel and subsistence |
Overtime |
|
€ |
€ |
|
|
Year to 24 July 2006 |
48,400 |
67,648.52 |
|
Year to 24 July 2007 |
177,000 |
N/A |
I am advised by the Revenue Commissioners that the numbers of posts moved under decentralisation up to 30 November 2007 and the details in relation to mileage and overtime are as follows:
|
Location |
Domestic travel and subsistence |
Overtime |
|
€ |
€ |
|
|
Newcastlewest — 50 posts — Year to 30 June 2006 |
7,068 |
62,381 |
|
Year to 30 June 2007 |
4,474 |
33,170 |
|
Listowel — 50 posts — Year to 1 September 2007 |
4,861 |
31,363 |
|
Year to 1 September 2008 |
N/A |
N/A |
|
Kilrush — 50 posts — Year to 6 July 2007 |
7,287 |
34,940 |
|
Year to 6 July 2008 |
N/A |
N/A |
With regard to Newcastlewest all the work that was carried out prior to decentralisation was not completely carried over to the new decentralised location until very recently and allied to this the nature of work has changed somewhat. Consequently a direct comparison is not possible. The Office of Public Works currently has 23 posts in the OPW Advance Office in Claremorris, which commenced operations on 10th September 2007. At this stage it is too early to analyse the comparative costs associated with mileage and overtime.
103 Deputy Leo Varadkar asked the Tánaiste and Minister for Finance if his Department or any of its agencies has paid in advance for works or services that will not be commenced before the end of the 2007 financial year; the reasons for doing this; the amount of the payments; the recipients and the nature of the works or services; and if he will make a statement on the matter. [34733/07]
My Department's practice is to make payments on foot of mature liabilities only. As such, apart from the usual prepayments in relation to contractual obligations, my Department has not paid in advance for works or services that will not be commenced before the end of the 2007 financial year. I have been informed that this is also the situation in relation to my Department's agencies.
104 Deputy Pat Breen asked the Tánaiste and Minister for Finance, further to Parliamentary Question No. 206 of 26 September 2007 (details supplied), if the report has been referred to the national parks and wildlife service and other relevant stakeholders; and if he will make a statement on the matter. [34740/07]
The report referred to in the previous reply has now been completed and has been agreed by the project stakeholder group consisting of representatives of OPW, ESB and Limerick and Clare County Councils. The report will be submitted to the National Parks and Wildlife Service next week.
105 Deputy Róisín Shortall asked the Tánaiste and Minister for Finance if the proposals contained in budget 2008 relating to the claw-back of stamp duty by first time buyers who cease to be owner-occupiers within two years of claiming relief or exemption for first-time buyers applies to first-time buyers who rented out their property before budget day; if a back dating of the proposal will be applied; the way a first time buyer who rents their property who availed of a lower stamp duty rate as opposed to a total exemption is treated if they have rented their property before the applicable cut-off date; and if he will make a statement on the matter. [34776/07]
First-time buyers are treated favourably under the stamp duty code in recognition of the special circumstances of persons purchasing their first home. Preferential rates and thresholds were afforded to first-time buyers up until the Finance (No. 2) Act 2007, which introduced a full exemption from stamp duty for first-time buyers on the purchase of new or second-hand dwelling houses or apartments. There is also a full exemption available for other owner-occupying purchasers of new dwelling houses or apartments under 125m2. In addition, partial relief is also available to owner-occupying purchasers of new dwelling houses or apartments over 125m2.
In order to restrict these three stamp duty reliefs to persons who reside in the property, purchasers were required to declare that they will reside in the property for a defined period of five years. Where any rent is derived from the property concerned before the expiration of this period, other than under the rent-a-room scheme, the stamp duty relief was clawed back. This claw-back period was reduced from five to two years from Budget day. This change applied to persons who purchased property from Budget day and for those persons who had purchased before this time but had not let out their property. There is no back-dating of this provision.
Where first-time buyer's relief is clawed-back, the purchaser is liable to stamp duty at the normal rates that would have been liable at the time of purchase. In this respect, where a person received a full exemption from stamp duty under the current rules, they would be liable to pay the full amount. However, where a person paid a reduced level of stamp duty the claw-back would only be chargeable on the difference between the amount that was paid and the amount that should have been paid at the time.
106 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the estimated cost of the extension of the full medical card to all persons under 18 years. [34651/07]
107 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the estimated cost of the extension of the general practitioner only medical card to all persons under 18 years. [34652/07]
108 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the estimated annual cost per recipient of the medical card. [34653/07]
109 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the estimated annual cost per recipient of the general practitioner only medical card. [34654/07]
I propose to take Questions Nos. 106 to 109, inclusive, together.
In order to provide the Deputy with the estimates of cost requested, it is necessary to obtain detailed current cost information from the Health Service Executive (HSE). My Department has requested the relevant information from the HSE and on receipt of this will be in a position to prepare the cost estimates sought and to provide them to the Deputy.
110 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of persons with full medical cards; and the comparable numbers for 1992, 1997 and 2002. [34655/07]
111 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of persons with general practitioner only medical cards. [34656/07]
I propose to take Questions Nos. 110 and 111 together.
Details of the numbers of medical card and GP visit card holders are provided to my Department each month by the Health Service Executive. The figures are provided on a net basis showing the balance after new cards have been issued and other cards, as appropriate, have been deleted from the Executive's database, e.g. following a review of holders' circumstances.
The most recent figures provided to my Department by the HSE show that as at 1st December 2007 there were 1,279,026 persons with a medical card. Therefore, between January 2005 and December 2007 a net additional 133,943 people have qualified for a medical card. As at 1st December 2007, 75,542 persons held a GP visit card. Thus since January 2005, an additional 209,485 people have free access to GP services.
The table shows the number of medical cards according to the health boards' databases on the dates specified by the Deputy. In 1992 and 1997 medical card figures were reported to my Department on a quarterly basis.
|
Year |
No. of Medical Cards |
|
1992 (as at 31st December 1992) |
1,263,001 |
|
1997 (as at 31st December 1997) |
1,219,852 |
|
2002 (as at 31st December 2002) |
1,164,453 |
The HSE (and before 2005 the health boards) has undertaken a substantial programme of work in recent years to improve data quality of the GMS client database. For example, in 2003 and 2004, work carried out by the health boards led to deletion of approximately 104,000 inappropriate entries where, for example, there were duplicate entries for the same person, the expiry date on the card had passed, or the person had moved away or was deceased. This exercise did not involve any reduction in the actual number of persons who held medical cards but rather resulted in a more accurate picture of the number of individuals in receipt of GP services under the GMS Scheme.
112 Deputy Jack Wall asked the Minister for Health and Children the position of an application for a home care package for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34663/07]
Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
113 Deputy Pádraic McCormack asked the Minister for Health and Children the position regarding sanction for the appointment of a nurse qualified in phototherapy for the dermatology unit at University Hospital Galway; if this appointment will be sanctioned in order that this very necessary unit can be opened with the relevant staff to cater for the long waiting list; and if she will make a statement on the matter. [34664/07]
The numbers of doctors, nurses and other health care professionals employed in the public health system have increased significantly in recent years, in tandem with the high level of investment in the development in new services. In December 2006, a revised employment ceiling for the health service of 108,000 expressed in whole time equivalents was sanctioned, representing an increase of 10,450 over the previous approved ceiling. The ceiling was further increased to 108,285 in October 2007. There has also been a substantial expansion of training places available at undergraduate level across a range of health care professions in order to ensure an ongoing supply of personnel in sufficient numbers for our health services into the future.
Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
114 Deputy David Stanton asked the Minister for Health and Children the number of people attending the respective warfarin clinics in Cork; the number of people attending clinics from the east Cork area; and if she will make a statement on the matter. [34682/07]
The Deputy's question relates to the management and delivery of health and personal social services, which is the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.
115 Deputy Charles Flanagan asked the Minister for Health and Children the number of children in Counties Laois and Offaly in foster care; if she will confirm that all children currently in foster care in these counties have access to social workers, are in receipt of care plans and are subjected to regular review; and if she is satisfied that appropriate obligations under the legislation are being complied with and met. [34683/07]
The Deputy's question relates to the management and delivery of health and social services, which is the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
116 Deputy Leo Varadkar asked the Minister for Health and Children the reason a drug (details supplied) is not available on the GMS; and if she will make a statement on the matter. [34706/07]
I wish to advise the Deputy that the product named by him is in fact available under the GMS and community drugs schemes.
117 Deputy Leo Varadkar asked the Minister for Health and Children the reason people with medical cards may only receive four doses of drugs (details supplied) per month without having to pay the market price of the medicine; the way the figure of four was arrived at; and if she will make a statement on the matter. [34707/07]
Sildenafil Citrate (Viagra) and Cialis are licensed in Ireland and reimbursable under the GMS and community drugs schemes. In order to ensure availability for genuine need, but to reduce the possibility of inappropriate usage, the maximum reimbursable level for Sildenafil Citrate (Viagra) under all schemes is four tablets per month. This is in accordance with the findings of the Expert Group set up by my Department in October, 1998 to consider arrangements for the supply of Sildenafil Citrate (Viagra). The maximum reimbursable level for Cialis is also four tablets per month.
118 Deputy Leo Varadkar asked the Minister for Health and Children the number of posts that have been decentralised as part of the current decentralisation programme with respect to her Department and agencies; the cost of mileage and overtime paid with respect to the holders of these posts in the year prior to decentralisation and the year after decentralisation; and if she will make a statement on the matter. [34721/07]
As the Deputy will be aware my Department is not one of the Departments scheduled for decentralisation under the Government's Decentralisation Programme. The Health Information and Quality Authority which was formally established this year is encompassed by the Decentralisation Programme. Its headquarters are located in Cork.
119 Deputy Leo Varadkar asked the Minister for Health and Children if her Department or any of its agencies has paid in advance for works or services that will not be commenced before the end of the 2007 financial year; the reasons for doing this; the amount of the payments; the recipients and the nature of the works or services; and if she will make a statement on the matter. [34735/07]
My Department has not made any payment in advance for works or services that will not be commenced before the end of 2007. The position in relation to agencies is a matter for the agencies themselves.
120 Deputy Pádraic McCormack asked the Minister for Health and Children the position regarding the provision of a private hospital on the grounds of University Hospital Galway; and if she will make a statement on the matter. [34744/07]
I take it the Deputy is referring to the co-location initiative. The initiative is designed to ensure that private beds in public hospitals are freed up for the use of public patients by having co-located private hospital beds built on public hospital sites. Successful bidders for 6 co-location sites have been selected and University College Hospital Galway is not among these sites. Expressions of interest were received from private consortia wishing to become involved in this initiative at University College Hospital Galway. However, as part of the competitive dialogue, the pre-qualified bidders decided, for commercial reasons, not to continue with the process in respect of Galway.
121 Deputy Billy Timmins asked the Minister for Health and Children the position in relation to the health services; the areas her Department is responsible for; the areas the Health Service Executive is responsible for; and the areas she is responsible for. [34768/07]
As Minister for Health and Children I am responsible for the legislative, policy and resource framework for our system of health and social services. Broadly speaking, in addition to discharging overall responsibilities on behalf of the Government for the resourcing of these services, this involves setting, evaluating and developing policies for the sector. I am supported in the discharge of these responsibilities by my Department.
Policies in the health sector are implemented by a range of bodies, including the Health Service Executive (HSE). The bodies concerned have their own statutory functions and governance arrangements covering operational policy, management, administration, service delivery and accountability.
The object and functions of the HSE are set out under section 7 of the Health Act 2004 which states, inter alia, that it "shall arrange and shall deliver, or arrange to be delivered on its behalf, health and personal social services" in accordance with the Act.
I should also mention here the Health Information and Quality Authority (HIQA). The object and functions of this important body are set out under sections 7 and 8 of the Health Act 2007.
122 Deputy Finian McGrath asked the Minister for Health and Children if she will assist persons (details supplied) in Dublin 3. [34807/07]
Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
123 Deputy Finian McGrath asked the Minister for Health and Children if she will support persons (details supplied) in Dublin 5. [34808/07]
As part of the Multi Annual Investment Programme under the Disability Strategy, the Government provided the Health Service Executive an additional €75m in 2007. This funding included monies to provide additional residential places and additional hours of personal assistance for people with a physical and sensory disability. The Government is also honouring its promise in relation to the Multi-annual Investment Programme for people with disabilities, with a further €50 million investment in 2008 to provide additional residential, respite and day places.
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
124 Deputy Finian McGrath asked the Minister for Health and Children if she will support a person (details supplied) in Dublin 3. [34809/07]
Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
125 Deputy Finian McGrath asked the Minister for Health and Children if she will support a person (details supplied) in Dublin 5. [34810/07]
As part of the Multi Annual Investment Programme under the Disability Strategy, the Government provided the Health Service Executive an additional €75m in 2007. This funding included monies to provide additional residential places and additional hours of personal assistance for people with a physical and sensory disability. The Government is also honouring its promise in relation to the Multi-Annual Investment Programme for people with disabilities, with a further €50 million investment in 2008 to provide additional residential, respite and day places.
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
126 Deputy Finian McGrath asked the Minister for Health and Children if she will support a group (details supplied) in 2008. [34811/07]
Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
127 Deputy Fergus O’Dowd asked the Minister for Transport the process by which news items are brought to his attention by his Department or by his advisers or personal staff; the issues that were brought to his attention in the month of June 2007; the number of advisers, press officers, personal assistants and so on in his office for the complete month of June 2007; if briefings were given by such individuals to him or his staff when the Ministers changed in June 2007; and if he will make a statement on the matter. [34658/07]
I refer the Deputy to my reply to Question number 29 on the 6 December. News items may be brought to my attention in a number of ways, e.g. verbal briefings, press clippings, if they are deemed to be important. The Press office, relevant Assistant Secretary or the Secretary General might also bring such items to my attention.
During the month of June there was some staff turnover to coincide with the change of Minister. At the end of June there were 2 Ministerial advisors, 1 Senior Special Assistant, 1 Personal Assistant, 1 Private Secretary and 9 other staff in the Minister's office and a Press Advisor and 3 other staff in the press office.
128 Deputy Caoimhghín Ó Caoláin asked the Minister for Transport which of the 21 recommendations of the first report of the Motor Insurance Advisory Board 2002 have not been fully implemented; and the progress of each. [34674/07]
There are now 18 MIAB Recommendations not fully implemented. Three recommendations, Numbers 34, 37 and 61 relate to my own Department and an up-date is set out below in this regard. Responsibility for implementing the other fifteen is divided between five other Government Departments, IFRSA and the Competition Authority. A table sets out the relevant recommendation numbers and the responsible authority.
|
Dept./Agency |
Transport |
Justice Equality and Law reform |
Finance |
Enterprise Trade and Employment |
Health and Children |
IFSRA |
Competition Authority |
|
Ref. Nos |
34 |
3 |
58 |
20 |
45 |
5 |
41 |
|
37 |
40 |
30 |
6 |
||||
|
61 |
49 |
31 |
|||||
|
50 |
|||||||
|
51 |
|||||||
|
52 |
|||||||
|
54 |
|
Recommendations Relating To Department Of Transport |
||||
|---|---|---|---|---|
|
No. |
Issues Addressed |
Recommendation |
Progress to date |
Future plans/target date for implementation |
|
34 |
Insuring the Vehicle rather than the use of the Vehicle. Study needed to see if this would reduce premiums. |
That detailed consideration be given to amending the Road Traffic Acts to require insurance on the vehicle, as in mainland Europe, rather than allowing claims to be declined on the basis of the driver’s use but with appropriate measures to address the rights of insurers where premiums have been underpaid. |
Implementation would involve fundamental changes in the arrangements for motor insurance, in Ireland. The complex risk assessment, civil liability issues and potential costs and advantages of implementation will have to be evaluated before coming to a decision. A UK preliminary study on ‘Uninsured Driving in the United Kingdom’ published in June 2004 has recommended that insurance of the individual driver rather than insurance of the vehicle should continue to be the basis for third party liability cover in the UK. |
|
|
37 |
Road Traffic Act to be amended, in line with EU Directives on harmonisation, to protect victims of defectively insured vehicles;Better clarification on insurance certs. |
That the Road Traffic Acts, and other relevant legislation, be amended to fully adopt the Articles of the various EU Directives on harmonisation of compulsory motor insurance so as to clearly uphold the rights of victims under European law in accidents involving uninsured, untraced, defectively uninsured or allegedly defectively insured vehicles or drivers and that the prescribed content of insurance certificates be reviewed for clarity of communication with the addition of wording highlighting that the rights of Third Parties are not affected by cover limitations in the policy document. |
The transposition of the 5th Motor Insurance Directive which is currently being drafted, includes a review of the transposition of the previous four motor insurance Directives and clarifies the issues referred to in the Recommendation. |
|
|
61 |
Access of insurers to National Driver File, after introduction of penalty points. |
That following introduction of the penalty points system, and subject to the provisions of data protection legislation, insurers be permitted access to relevant information on the national driver file under provisions similar to Section 28 of the Road Traffic Act, 1994. |
The National Driver File is now held by the Minister for Transport who must make regulations to allow access to the records to persons other than those specified in that section. |
As part of the implementation of the 5th EU Directive a database is currently being considered which will give insurers access to up to date information on drivers and vehicles and also insurance particulars, subject to data protection issues. |
129 Deputy Caoimhghín Ó Caoláin asked the Minister for Transport if, when a motorist is refused a quote for motor insurance or if the quote is considered to be so exorbitant as being tantamount to a refusal, the insurance company is obliged to inform that driver of the declined cases agreement. [34675/07]
There is no obligation but it is the practice of motor insurance companies when refusing to provide cover whether by phone or letter to inform the customer who is being refused insurance that they may contact Insurance Information Services in the Irish Insurance Federation that operates the Declined Cases Agreement.
130 Deputy Caoimhghín Ó Caoláin asked the Minister for Transport if he has statistics regarding the take-up of the declined cases agreement operated by the Irish Insurance Federation. [34676/07]
I am informed by the Irish Insurance Federation that the statistics regarding the take–up of the Declined Cases Agreement are as follows:
|
Year |
Total |
|
1997 |
306 |
|
1998 |
297 |
|
1999 |
329 |
|
2000 |
328 |
|
2001 |
478 |
|
2002 |
393 |
|
2003 |
379 |
|
2004 |
310 |
|
2005 |
246 |
|
2006 |
152 |
131 Deputy Leo Varadkar asked the Minister for Transport the number of posts that have been decentralised as part of the current decentralisation programme with respect to his Department and agencies; the cost of mileage and overtime paid with respect to the holders of these posts in the year prior to decentralisation and the year after decentralisation; and if he will make a statement on the matter. [34724/07]
The headquarters of the Road Safety Authority (RSA) is in Ballina and there is a staff complement of 129 posts there. Some 67 of these 129 posts came from an existing decentralised location. The Government decision to establish the RSA resulted in 62 additional posts being located in Ballina. These 62 posts were secured under the decentralisation programme from the Ballina CAF, open recruitment and internal promotion. The holders of these posts transferred directly to Ballina on assignment. Mileage and overtime paid since decentralisation is a matter for the RSA.
50 posts were also decentralised to Loughrea — 10 of these are Department of Transport posts and the remaining 40 are RSA posts. The cost of overtime and mileage for these 50 posts amounted to €17,502.93 and €64,250.49 respectively for the year prior to decentralisation to Loughrea.
Following decentralisation, the cost of the Department's posts in Loughrea in respect of overtime and mileage amounts to €5,246.90 and €9,567.22 respectively. Mileage and overtime paid since decentralisation in respect of the RSA posts in Loughrea is a matter for that Authority.
132 Deputy Leo Varadkar asked the Minister for Transport if his Department or any of its agencies has paid in advance for works or services that will not be commenced before the end of the 2007 financial year; the reasons for doing this; the amount of the payments; the recipients and the nature of the works or services; and if he will make a statement on the matter. [34738/07]
The following is the information requested by the Deputy. €780.45 (inc VAT) annual hosting fee for the Transport 21 website was paid in July 07. This includes payment in advance for this service up to July 08. This is normal practice with a website hosting company.
While my Department operates a system of making monthly grant payments in advance to the Railway Procurement Agency (RPA) from Subheads C2 and C3 based on the Agency's estimate of its funding requirements for the month in question, I understand from the RPA that it has not paid in advance for works or services that will not be commenced before the end of the 2007 financial year.
Since the launch of Transport 21, the RPA has not had recourse to new borrowings and the system of advancing monthly grant payments to the Agency is therefore necessary to ensure that the RPA is in a position to meet its financial obligations for works and services as they fall due.
In relation to agencies, the issue of payments in advance for works or services, is an operational matter for each individual agency and not a matter for my Department.
133 Deputy Joanna Tuffy asked the Minister for Transport if he will report on the accessibility works programme approved by the board of Irish Rail in respect of the northern line; the details of the programme and a time-scale for completion of same; and if he will make a statement on the matter. [34750/07]
The design and implementation of accessibility works at railway network facilities is a matter for Iarnrod Eireann. My Department has asked Iarnrod Eireann to forward details of such works on the Northern line direct to the Deputy.
134 Deputy Joanna Tuffy asked the Minister for Transport if he has received an application from the board of Irish Rail for the sanctioning of the scheme to extend car parking at Donabate railway station; and if he will make a statement on the matter. [34751/07]
My Department has received an application for Exchequer funding from Iarnród Éireann to increase the car park capacity at Donabate railway station. This application is currently under consideration within my Department.
135 Deputy Leo Varadkar asked the Minister for Foreign Affairs the number of posts that have been decentralised as part of the current decentralisation programme with respect to his Department and agencies; the cost of mileage and overtime paid with respect to the holders of these posts in the year prior to decentralisation and the year after decentralisation; and if he will make a statement on the matter. [34720/07]
Under the Government's decentralisation programme, the Development Cooperation Directorate of the Department of Foreign Affairs, which is Irish Aid's Headquarters, will decentralise to Limerick. Good progress has been made and personnel have either been assigned to, or identified for, 103 posts or approximately 83% of the 124 posts scheduled to be decentralised. An advance party of 55 staff decentralised to interim office premises in Limerick at the end of May 2007. The remainder will move on a phased basis during the first half of 2008 on completion and fit-out of the permanent premises in Henry Street.
The cost of mileage paid to the holders of the 55 posts that have already decentralised, in the 12 month period from May 2006 to May 2007, was €2,645. The corresponding amount paid from May 2007 to date was €21,033. The increase in mileage costs since May 2007 is mainly due to travel between the interim office in Limerick and the existing Headquarters in Dublin. It is expected that such mileage costs will be reduced considerably following the transfer of the remaining staff of Irish Aid in 2008.
The amount of overtime paid to the holders of these 55 posts in the twelve month period from 1 June 2006 to 31 May 2007 was €15, 781. The amount of overtime paid since 1 June 2007 to the end of November 2007 was €11,388. Overtime incurred in preparing for the advance move in May is included in the amount for this latter period.
136 Deputy Leo Varadkar asked the Minister for Foreign Affairs if his Department or any of its agencies has paid in advance for works or services that will not be commenced before the end of the 2007 financial year; the reasons for doing this; the amount of the payments; the recipients and the nature of the works or services; and if he will make a statement on the matter. [34734/07]
My Department has made advance payments in two instances in relation to services which will not be provided before the end of 2007. Firstly, in preparation for an international conference on cluster munitions which will take place in Dublin in May of next year, my Department has paid a deposit of €34,150 for the use of the Croke Park Conference Centre.
Secondly, in preparation for the Olympics to be held in Beijing in 2008, my Department has paid booking deposits of €23,210 on accommodation in Beijing, for the use of temporary additional staff and for visiting official delegations. Our Embassy in Beijing has advised that this advance booking is necessary in view of the severe pressure which will be on the available accommodation in the city at the time of the Olympics.
137 Deputy Michael Ring asked the Minister for Foreign Affairs the steps his Department is taking to help track down an Irish person (details supplied) who has gone missing in Argentina or Chile; and if he will make a statement on the matter. [34755/07]
My Department, through the Consular Section and our Embassy in Buenos Aires, has been working intensively to locate the person concerned and is in daily contact with his family and friends. The Gardaí have also been asked by the family for assistance in the search.
Following the report of his missing status, our Embassy in Buenos Aires made immediate contact with the national police authorities in Argentina and Chile, national park rangers in both countries, and travel agencies and airlines used recently by the person concerned. These enquiries are being actively pursued by the Embassy, which is also in on-going contact with the relevant provincial police forces and with Interpol. My Department will continue to make every possible effort to locate the person concerned, and will of course continue to maintain our close liaison with his family and keep them fully informed of developments. My thoughts are with them at this very difficult time.
138 Deputy Michael Ring asked the Minister for Foreign Affairs if funding was given by his Department or the Government for the use of a property (details supplied) or if funding was given towards the upkeep of this property or for religious or cultural events at the location or any event to do with Irish people at that location. [34771/07]
The Department of Foreign Affairs has not provided any funding for the upkeep of the property to which the Deputy refers, or for any religious or cultural events at the location. I understand, however, that Culture Ireland may have sponsored a 9/11 memorial concert in this location. Should the Deputy wish to furnish further details of any other event or project which he believes may have received official Irish funding, officials from my Department will be happy to check the position out.
139 Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment if he will reply to correspondence from a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [34702/07]
140 Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment if there are investigations under way relating to a company (details supplied); and if he will make a statement on the matter. [34703/07]
I propose to take Questions Nos. 139 and 140 together.
My office has responded to previous correspondence from the person concerned and I expect that a further reply will issue shortly in relation to recent emails. I understand that complaints in relation to this matter have been submitted to the Office of the Director of Corporate Enforcement which has been in contact with the person concerned. Under section 12 (5) of the Company Law Enforcement Act 2001, the Director is independent in the exercise of his statutory functions.
141 Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment the number of posts that have been decentralised as part of the current decentralisation programme with respect to his Department and agencies; the cost of mileage and overtime paid with respect to the holders of these posts in the year prior to decentralisation and the year after decentralisation; and if he will make a statement on the matter. [34717/07]
My Department has been making good progress in the relocation of the required 250 posts to Carlow under the Government's Decentralisation Programme.
The following business units/Offices of my Department have been selected as part of the Decentralisation Programme and will be relocated in the new decentralised office:
Companies Registration Office/Registry of Friendly Societies
National Employment Rights Authority (NERA)
Work Permits
Redundancy Payments Section
Insolvency Payments Section
The OPW has advised my Department that they anticipate that construction of the Permanent Office in Carlow, subject to no planning issues arising, will commence in June 2008 and completion of construction of the permanent office is expected by December 2009. In order to accommodate staff who wish to move earlier than the projected building completion date of late 2009, officials of my Department, in consultation with the Department of Finance and the OPW, opened an advance office in Carlow on July 30th 2007. The number of posts in this decentralised advance office is currently 98.
With regard to the cost of mileage and overtime paid with respect to the holders of these posts in the year prior to decentralisation and the year after decentralisation, it has not proved possible to collate all the information within the timeframe requested. Officials in my Department are currently compiling the information sought and a final response will be forwarded to the Deputy as soon as possible.
Agency Decentralisation
Under the current Government Decentralisation Programme, four of the Agencies under the aegis of my Department are due to decentralise as follows:
FÁS is to move 383 posts to Birr, Co. Offaly;
Enterprise Ireland (EI) is to move 300 posts to Shannon;The Health and Safety Authority is to move 110 posts to Thomastown, Co. Kilkenny, and
The National Standards Authority of Ireland is to move 132 posts to Arklow, Co. Wicklow.
My Department continues to provide advice and support to each of the four Agencies in progressing their decentralisation programmes and there is a dedicated Agency Decentralisation Committee to drive the process forward. In addition, I am satisfied that each Agency is fully engaged in the process and taking all of the relevant steps to advance their decentralisation plans. The cost of mileage and overtime paid to Agency staff is a day-to-day operational matter for the four agencies concerned and one in which I have no function or responsibility.
FÁS
Under the Government's decentralisation programme, FÁS is due to transfer its head office including some 383 posts to Birr, County Offaly. FÁS currently has 21 staff members working in leased FÁS Offices in Birr.
Enterprise Ireland
Enterprise Ireland (EI) is to move 300 posts to Shannon under the decentralisation programme. Progress on the full transfer of EI's HQ to Shannon, within the Government decentralisation programme, will be influenced by factors (many exogenous to EI) such as; the level of interest in the Shannon location expressed by CAF applicants and by progress made during discussions at a central level on various issues central to Agency decentralisation. To date, no posts have moved to Shannon under this scheme.
Latest figures available to EI from the Central Applications Facility reflect that no Enterprise Ireland staff have applied for decentralisation to Enterprise Ireland in Shannon. The number of applications received from within the civil and public service amounts to 25.
EI now has a major presence in the Shannon region. EI has established its new National Regional Development Headquarters in Shannon and has established the County Enterprise Support Unit in Shannon. Currently there are 40 staff working in EI's Shannon office and it is expected that a total of approximately 65 EI staff will be in place in Shannon over the coming months
Health and Safety Authority
The Health and Safety Authority is to move 110 posts to Thomastown, Co. Kilkenny. To date a total of 62 people (11 HSA staff, 41 Civil Servants, 10 Public Servants) have expressed an interest through the Central Application Facility (CAF) process in transferring to Thomastown, County Kilkenny.
In anticipation of the move to Thomastown, the Authority established an interim office in Kilkenny city in August 2006. To date, 27 staff have re-located to that office. That office is now fully occupied and discussions are currently on-going with a view to securing larger office space in the area. All staff that move to the Kilkenny office will transfer to Thomastown when those premises are completed and all newly recruited Dublin based staff are ultimately contracted to move to Thomastown.
NSAI
Under the Government's decentralisation programme the National Standards Authority of Ireland (NSAI) is due to relocate 123 posts to Arklow, Co. Wicklow. To date no posts have moved. Ten NSAI staff members have indicated on the CAF that are volunteering to decentralise.
142 Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment if his Department or any of its agencies has paid in advance for works or services that will not be commenced before the end of the 2007 financial year; the reasons for doing this; the amount of the payments; the recipients and the nature of the works or services; and if he will make a statement on the matter. [34731/07]
The works or services paid for in advance by my Department, that will not be commenced before the end of the 2007 financial year are set out on the attached tabular statement.
In relation to the agencies of my Department, this is a day-to-day operational matter for the agencies concerned and one in which I have no function.
|
Name of Service Provider |
Nature/Purpose of Service |
Reason for payment in advance |
Amount |
Comment |
|
€ |
||||
|
Core International |
License fee and support of salaries system |
Annual support contract from 01/01/08–31/12/08 |
€13,991.63 |
Approved for payment 7/12/07 |
|
Core International |
License fee and support of salaries system reporting tool |
Annual support contract from 01/01/08–31/12/08 |
€1,430.45 |
Approved for payment 7/12/07 |
|
Techniche Limited |
Maintenance of the Department’s remote access environment. |
Maintenance contract provides for discounts where payments are made in advance |
€2,125.00 |
2.5 man-days paid for, but yet to be drawn down |
143 Deputy Leo Varadkar asked the Minister for Arts, Sport and Tourism the number of posts that have been decentralised as part of the current decentralisation programme with respect to his Department and agencies; the cost of mileage and overtime paid with respect to the holders of these posts in the year prior to decentralisation and the year after decentralisation; and if he will make a statement on the matter. [34712/07]
To date my Department has transferred 70 posts to temporary accommodation in Fossa Killarney. The transfers took place in two tranches with 45 posts transferring in September 2006 and a further 25 in July 2007.
It is not possible to make direct comparisons in relation to mileage and overtime costs between the holders of the posts in question, prior to decentralisation and afterwords, as a number of these posts have been reconfigured to allow for effective management of the process.
However it is estimated that between October 2006 and October 2007 my Department's mileage costs increased by €15,000 due mainly to decentralisation. Overtime costs in the same period are estimated to have increased by € 14,000 due to decentralisation.
As the state agencies under the aegis of my Department namely Fáilte Ireland, The Sports Council, and the Arts Council have not been given early mover status by the DIG (Decentralisation Implementation Group) no timeframe has been given for their decentralisation. Therefore no transfers have taken place to date. The Office of Public Works (OPW) is currently assessing a number of options regarding suitable locations and properties for these agencies.
144 Deputy Leo Varadkar asked the Minister for Arts, Sport and Tourism if his Department or any of its agencies has paid in advance for works or services that will not be commenced before the end of the 2007 financial year; the reasons for doing this; the amount of the payments; the recipients and the nature of the works or services; and if he will make a statement on the matter. [34726/07]
My Department has not paid in advance for any works or services that will not be commenced before the end of the 2007 financial year. The payment for works or services by the agencies under the aegis of my Department is a matter for the bodies themselves.
145 Deputy Denis Naughten asked the Minister for Arts, Sport and Tourism the funding which is made available through his Department or agencies to support local community festivals; and if he will make a statement on the matter. [34745/07]
My Department does not generally allocate funding directly to local community festivals. Support is available for arts festivals under the Small Arts Festivals scheme administered by the Arts Council. Such grants are a day to day matter for the Arts Council and information on funding available and awards made can be found on the Arts Council website www.artscouncil.ie .
Support is also provided for festivals under the Festivals and Cultural Events Initiative administered by Fáilte Ireland. The initiative is a matter for Fáilte Ireland and the details of the scheme can be found on the Fáilte Ireland website www.failteireland.ie and in the Annual Report and Accounts of Fáilte Ireland which is also available on the website.
146 Deputy Jimmy Deenihan asked the Minister for Arts, Sport and Tourism if, in view of the recent purchase by the National Museum of the portrait of Thomas Ashe painted by Leo Whelan, he will request the National Museum to give the painting on loan to the Kerry County Museum which is housed in the Ashe Memorial Hall, Tralee for the 2008 tourist season; and if he will make a statement on the matter. [34774/07]
Since the National Museum of Ireland became an autonomous statutory body under the National Cultural Institutions Act, 1997 on 3rd May 2005, the Board of the National Museum is statutorily responsible for operational matters concerning its collection and I, as Minister for Arts, Sport and Tourism, do not have a statutory function in respect of operational matters.
I am aware, however, that the National Museum of Ireland has recently taken possession of the portrait of Thomas Ashe, which is currently undergoing a conservation assessment. It is open to the Kerry County Museum to request the loan of the portrait in question from the National Museum of Ireland.
147 Deputy Michael Creed asked the Minister for Social and Family Affairs if his Department provides financial assistance to persons returning to full-time education to complete the leaving certificate who have not been in receipt of a social welfare payment; and if he will make a statement on the matter. [34661/07]
The provision of support to people who are not in receipt of a social welfare payment to return to education is addressed through the education system, I understand that the Department of Education and Science has a range of programmes for people wishing to return to education and provides supports for people participating in certain education programmes funded by VECs.
This Department administers a range of back to education programmes, to encourage and facilitate people on long-term social welfare payments to return to work through the acquisition and improvement of skills and academic qualifications which will enable them to compete more successfully for employment. One of these programmes is the back to education allowance scheme, which covers full-time second and third level courses.
148 Deputy Tom Hayes asked the Minister for Social and Family Affairs if there are arrangements for recipients of the fuel allowance of €18 a week to receive the money in bulk in order to pay for oil refills; and if he will make a statement on the matter. [34687/07]
The aim of the national fuel scheme is to assist householders on long-term social welfare or health service executive payments with meeting the cost of their additional heating needs during the winter season. Fuel allowances are paid from end-September to mid-April. The allowance represents a contribution towards a person's normal heating expenses.
A detailed review of the fuel allowance was carried out in 1998. This review looked at alternatives to the weekly payment method including a single lump sum payment. A survey of recipients with the allowance on a customer panel showed that the majority (58%) preferred weekly payment, 22% wanted a once-off lump sum payment, 12% favoured direct debit to a supplier while 8% would rather have two lump sum payments during the fuel season. The review recommended continuing with the weekly payment method.
I will keep all aspects of the fuel allowance scheme, including the issue of a lump sum payment, under review. Any significant changes to the scheme that would require additional expenditure could only be considered within a budgetary context and in the light of resources available to me for improvements in social welfare generally.
149 Deputy Leo Varadkar asked the Minister for Social and Family Affairs the provision that has been made in budget 2008 and the Social Welfare Bill 2007 to cater for an increase in number on the live register; and if he will make a statement on the matter. [34708/07]
Based on the economic analysis provided by the Department of Finance the live register forecast underpinning the recently published Budget 2008 estimates for Jobseeker's Allowance and Jobseeker's Benefit is 170,000. This is 10,000 higher than the figure of 160,000 underpinning the 2007 estimates. The provision made in the 2008 estimates for the increase of 10,000 in the live register is €101.5 million. This sum includes the cost of the Budget 2008 improvements announced on 5 December.
150 Deputy Leo Varadkar asked the Minister for Social and Family Affairs the number of people who are in receipt of disability benefit for each of the past ten years in raw numbers and also as a percentage of the workforce; and if he will make a statement on the matter. [34709/07]
151 Deputy Leo Varadkar asked the Minister for Social and Family Affairs the way Ireland compares with other OECD countries in terms of the numbers of people on disability benefit; and if he will make a statement on the matter. [34710/07]
I propose to take Questions Nos. 150 and 151 together.
Illness Benefit, which was known as Disability Benefit prior to 2nd October 2006, is a payment for insured people who cannot work due to illness. Annual Statistics in relation to the number of recipients of Illness Benefit are published annually by my Department in the form of a report entitled Statistical Information on Social Welfare Services, which is available on request from my Department or at our website, www.welfare.ie . Statistics in relation to the Labour Force are available from the Central Statistics Office.
Illness Benefit is just one of a range of illness and disability related payments offered by my Department, each of which has different medical, social insurance and means related requirements. These requirements are tailored to the particular objectives of each scheme and also to the segments of the population for which they provide income support. Similarly, other OECD countries have illness and disability related schemes in place which have very different eligibility requirements and provide support to different categories of the population. For example, many OECD countries have statutory sick pay schemes in place which place a burden on the employer, whereas Ireland does not. Therefore, it is not appropriate to compare the number of recipients of Illness Benefit in Ireland with that of other OECD countries because those schemes do not have the same eligibility criteria and, therefore, no conclusions can be drawn from the results of any such comparison.
152 Deputy Leo Varadkar asked the Minister for Social and Family Affairs the number of posts that have been decentralised as part of the current decentralisation programme with respect to his Department and agencies; the cost of mileage and overtime paid with respect to the holders of these posts in the year prior to decentralisation and the year after decentralisation; and if he will make a statement on the matter. [34723/07]
Under the decentralisation programme announced by the Minister for Finance on 3 December 2003, my Department has, to date, relocated 111 posts (118 people) to Carrick-on-Shannon and 66 posts (67 people) to Sligo. Given the number of posts involved and the fact that they have been relocated at various stages since mid 2006, the information concerning overtime and mileage costs is not readily available. As soon as the relevant data has been compiled it will be provided to the Deputy.
153 Deputy Leo Varadkar asked the Minister for Social and Family Affairs if his Department or any of its agencies has paid in advance for works or services that will not be commenced before the end of the 2007 financial year; the reasons for doing this; the amount of the payments; the recipients and the nature of the works or services; and if he will make a statement on the matter. [34737/07]
My Department, and the agencies under the aegis of the Department, i.e. the Citizens Information Board, Combat Poverty Agency, Family Support Agency, Pensions Ombudsman and Pensions Board, have not paid in advance for any works or services that will not be commenced before the end of the 2007 financial year (i.e. 31 December 2007).
All procurements are carried out in accordance with EU guidelines, Department of Finance guidelines, and my Department's Operational Guidelines to ensure procurement best practice and value for money. Guidelines state that no monies are to be paid in advance of deliverables. In all instances a Project Manager is in place to manage and monitor the external service provision, and payments are only made when work is completed and in accordance with the agreed contract.
154 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if a person (details supplied) in County Kildare qualifies under the habitual residency clause in view of the fact that their partner resided here for three and a half years; and if he will make a statement on the matter. [34786/07]
In order to qualify for a range of Social Welfare payments, including Child Benefit, applicants are required to satisfy the Habitual Residence condition (HRC), which was introduced on 1st May 2004. Since 1st January 2007, when Romania and Bulgaria joined the EU, nationals of those countries, who were not previously registered with the Department of Justice, Equality & Law Reform, are required to have a Work Permit issued by the Department of Enterprise, Trade & Employment in order to be legally employed in Ireland.
The person referred to has indicated that she worked illegally since her arrival in Ireland in June 2006 until her child was born in July 2007. She has never had a work permit and does not appear to have been registered with the Dept of Justice prior to January 1st 2007.
She has a partner who is also a Romanian national. He claims to have been resident in Ireland since September 2004 per information supplied by the claimant with the Child Benefit application. She also indicates that he had been working illegally in Ireland until December 2006, but is not currently employed due to an incapacity. He has never had a work permit and does not appear to have been registered with the Dept of Justice prior to January 1st 2007.
The Child Benefit application has been refused as the Deciding Officer, having considered all the circumstances, does not consider that the person concerned can be considered to satisfy the HRC condition at this time. The person concerned was notified of the decision in writing on 14th September 2007 and given the right of appeal. There is no record of receipt of an appeal to date.
155 Deputy Noel J. Coonan asked the Minister for Community, Rural and Gaeltacht Affairs the status in relation to an application for funding under the community services programme for a group (details supplied) in County Tipperary; and if he will make a statement on the matter. [34660/07]
The Business Plan, which this group submitted, is under consideration at the moment and they will be notified of the Department's decision in the coming weeks.
156 Deputy Jack Wall asked the Minister for Community, Rural and Gaeltacht Affairs the way the pilot night-time rural transport scheme has performed; the number of communities that were selected for the pilot; the location of these communities; the initial benefits to these communities from the pilot; if it will be extended to other communities; and if he will make a statement on the matter. [34679/07]
As the Deputy is aware, in many rural areas, there are no public transport services at night. While there are, in the more developed rural areas, either hackney or taxi services, these are at the discretion of the providers of these services and do not provide a guaranteed service to rural people.
It was against this background, therefore, that earlier this year — following a number of discussions between officials in my Department and the Department of Transport — I introduced a new evening transport service, on a pilot basis. The aim of the service is to allow rural people to fully participate in the various activities — community, sporting and social — that take place in their areas. The new Scheme also aims to address the market failure that currently exists in this area.
The 34 groups currently delivering the Rural Transport Programme — operated by the Department of Transport — were invited by Pobal to submit applications to be considered under my Department's new scheme. Following the appraisal of the proposals submitted, seven groups were selected to run the pilot Scheme, namely:
West Cork Rural Transport;
Avondhu Development Group in East Cork;
Meath Accessible/Kilnaleck Community Cavan;
County Sligo LEADER Partnership;
Tumna Shannon Development Company Roscommon;
Síob Teoranta Donegal; and
Laois Trip.
The seven projects were selected having regard to such criteria as:
evidence of need;
strength of their proposal;
capacity of the group;
value for money; and
geographical spread.
The budget for the pilot is €500,000. The first service commenced in June and service numbers and passenger numbers have increased throughout the Autumn. Although only in the early stages yet, I understand that the services are being very well received by communities and passengers alike. In this context, the Deputies should note that during the month of October, there were 154 services with 1,341 passenger journeys.
Early indications are that older people, people with a disability and young people are particularly enthusiastic about the new services and new activities are being planned around the availability of services. All services focus on maximising the general community good and I am, of course, conscious of the need to ensure that no displacement takes place of commercially viable existing services as a result of the introduction of the new scheme. My intention is that the pilot Scheme will be reviewed after a year and decisions in relation to its future will be informed by the outcome of the evaluation.
157 Deputy Leo Varadkar asked the Minister for Community, Rural and Gaeltacht Affairs the number of posts that have been decentralised as part of the current decentralisation programme with respect to his Department and agencies; the cost of mileage and overtime paid with respect to the holders of these posts in the year prior to decentralisation and the year after decentralisation; and if he will make a statement on the matter. [34714/07]
To date, 74 officers from my Department have transferred to an interim location in Tubbercurry, Co. Sligo and 10 officers to Na Forbacha, Galway. While decentralisation is an on-going process the major part of this relocation took place in July and August 2006.
Because of the turnover of staff and some re-organisation of Divisions as part of the decentralisation process, it is not possible to provide the comparative figures requested. However, I can provide overtime and mileage figures for the Department as a whole for the years 2005 — before decentralisation was implemented, 2006 — when the main decentralisation process took place and to date in 2007 — post-decentralisation. The figures are as follows:
Overtime expenditure
2005: €144,294
2006: €104,537
2007 to date: € 98,158
Mileage expenditure
2005: €294,304
2006: €345,577
2007 to date: €300,487
The decentralisation of 30 posts by Foras na Gaeilge to Gaoth Dobhair is still at the planning stage and no staff have decentralised as yet. The Pobal office in Clifden was opened early in 2006 and 22 posts were based there by the end of that year. The majority of these posts were new to the organisation and all except 1 post was filled by way of local recruitment. Comparative figures are, therefore, not available. The total expenditure on travel for Clifden in 2006 was €38,366. No overtime costs were incurred.
158 Deputy Leo Varadkar asked the Minister for Community, Rural and Gaeltacht Affairs if his Department or any of its agencies has paid in advance for works or services that will not be commenced before the end of the 2007 financial year; the reasons for doing this; the amount of the payments; the recipients and the nature of the works or services; and if he will make a statement on the matter. [34728/07]
In line with Public Financial Procedures, the policy of my Department is to make payments on foot of matured liabilities, i.e., after goods or services have been received and found to be satisfactory or as otherwise provided for by contract. In the case of agency services provided on behalf of the Department, payments may be made in advance of the end of the year in order to ensure the continued provision of services in the early part of the New Year. This is done through a suspense account, with the amounts charged to the Department's Vote in the year in which the service was delivered. I understand that in relation to the agencies under the ambit of my Department it is not practice to make payments in advance for works or services that will not be commenced before the end of the 2007 financial year.
159 Deputy Enda Kenny asked the Minister for Community, Rural and Gaeltacht Affairs the reason the CLÁR programme funding for local improvement scheme roads 2007 in a county (details supplied) has been capped at a maximum of €500,000 in comparison to the allocation for 2006; and if he will make a statement on the matter. [34743/07]
The funding available to Local Authorities from the Department of Environment, Heritage and Local Government (D/EHLG) for Local Improvement Scheme (L.I.S.) roads has increased significantly over the past number of years (from approximately €11m in 2002 to €30m in 2007). Funding for L.I.S. roads in Mayo increased from €1.4m in 2005, €3.2m in 2006 to just over €4m in 2007.
Consequently, this year my Department decided to place a greater emphasis on funding other measures such as water and sewerage schemes under the CLÁR Programme. In this context, it should be noted that grant approvals for Mayo County Council in 2002 for water and sewerage schemes was €450,000. Approvals in 2007 are in excess of €2.3m. At the end of November, I did, however, announce €500,000 funding for works to be carried out on 39 L.I.S. roads in CLÁR areas in County Mayo.
Finally, it should be noted that the total funding made available between my Department and the D/EHLG for L.I.S. roads nationally in 2007 has increased by almost 6% from that available in 2006.
160 Deputy Denis Naughten asked the Minister for Community, Rural and Gaeltacht Affairs the funding which is made available through his Department or agencies to support local community festivals which support Irish culture and language; and if he will make a statement on the matter. [34746/07]
I can confirm that my Department provides funding on a limited once-off basis to support the type of local community festivals, which the Deputy refers to, including for example the Pan Celtic Festival and Kilkenny Celtic Festival.
A number of agencies that come within the ambit of my Department also provide funding for Community festivals to support Irish culture and language. Foras na Gaeilge and Údarás na Gaeltachta provide sponsorship for a range of activities to promote the Irish language, including community-based festivals and other cultural events. I might also mention that the Ulster Scots Agency provides support for community-based activities to promote Ulster Scots heritage, culture and language, in both the North and South. Additional details of these agencies and their schemes are available on their respective websites www.gaeilge.ie, www.udaras.ie www.ulsterscotsagency.com.
161 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason the 2007 single farm payment has not been awarded to a person (details supplied) in County Galway in view of the fact that the transfer of entitlements have been included in the deed of transfer; and if she will make a statement on the matter. [34650/07]
An application to transfer entitlements under the 2007 Single Payment Scheme to the person named was received on 27 November 2007. Upon examination of the application, it was necessary for an official of my Department to contact the person named and seek clarification on certain matters. Upon receipt of the requested information the application will be further processed.
162 Deputy Jack Wall asked the Minister for Agriculture, Fisheries and Food the number and location of sites in County Kildare included under the welcome initiative as administered by Coillte; if there are plans to create new trails within the county; and if she will make a statement on the matter. [34665/07]
Coillte is developing 34 sites around the country under the Forest Recreation Infrastructure Programme administered by Fáilte Ireland under the National Development Plan. This initiative includes the development of walking trails, mountain bike trails, upgrading of forest parks and upgrading Coillte's recreation website "Coillte Outdoors". Donadea Forest Park is the only area in Kildare included in the current initiative.
Under the "Welcome Initiative" Coillte will be putting up signage welcoming walkers onto its lands. Other than the 34 sites currently under development nationally, these locations have yet to be determined.
163 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason the 2007 single farm payment has not issued to a person (details supplied) in County Galway. [34667/07]
The person named does not hold entitlements under the Single Payment Scheme. Another person previously registered under this herd number has entitlements but my Department has no record of receiving an application to transfer those entitlements to the person named. The extended closing date for receipt of applications to transfer entitlements was 8 June 2007. However, a Transfer of Entitlement application could be accepted at this stage provided a satisfactory explanation of the reason for the delayed submission is received. An official from my Department has made direct contact with the person named and outlined the position.
164 Deputy Dinny McGinley asked the Minister for Agriculture, Fisheries and Food her views on whether the €21 million announced in budget 2008 towards the decommissioning of the white fish fleet is less than 50% of what had been previously indicated; if her attention has been drawn to the disappointment of fishing organisations and coastal communities at the reduction; if she will increase the compensation to €58 million as originally indicated; and if she will make a statement on the matter. [34671/07]
The overall budget allocation for marine related activities in my Department's Vote increased from €119.5 million in 2007 to €128.3 million in 2008, an increase of 7.3%. The Government remains fully committed to the delivery of the seafood strategy "Steering A New Course: Strategy for a Restructured, Sustainable and Profitable Irish Seafood Industry 2007-2013". I am satisfied that the amount set aside for decommissioning of fishing vessels in 2008 within the overall €49 million Vote to BIM is adequate.
165 Deputy Dan Neville asked the Minister for Agriculture, Fisheries and Food if she will approve farm development grants submitted after 21 October 2007 in view of the fact that many farmers were unaware of this as the closing date. [34680/07]
Applications received under the Farm Improvement Scheme prior to its suspension on 31 October 2007 will be processed by my Department up to the level of funding provided for the Scheme in the 2006 partnership agreement, Towards 2016.
166 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the progress made at the Agriculture Council meeting on 26 November 2007 regarding the proposed directive limiting the use of chemical sprays in agriculture; the next steps to be taken in respect of this proposed directive; when it is expected to be finalised; the role for national parliaments in implementing these directives in Irish law; and if she will make a statement on the matter. [34691/07]
The Directive on the sustainable use of pesticides was not discussed at the Agriculture Council meeting on the 26 November. The present position with this Directive is that it is scheduled for discussion at the Agriculture and Fisheries Council on 17 to 19 December with a view to achieving political agreement. This Directive was discussed at Coreper on 12 December but failed to reach agreement on two issues, and referred discussions on these two articles to the Agriculture and Fisheries Council meeting next week.
The process for reaching agreement on these proposals involves the Co-decision procedure between the Council of Ministers and the European Parliament. The European Parliament has already voted on this Directive at its first reading and has made 122 amendments to the text. Should there be political agreement at Council next week, the text will then be forwarded to the Parliament to initiate discussions between the Council and Parliament with a view to achieving a common position on the text of the Directive. These second reading discussions are likely to commence in April 2008.
The Directive, when agreed, will be transposed into Irish law by way of a Statutory Instrument within the prescribed time limits. The proposed Directive was discussed by the Oireachtas Joint Committee on Agriculture and Food on 2 November 2006.
167 Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food the number of posts that have been decentralised as part of the current decentralisation programme with respect to her Department and agencies; the cost of mileage and overtime paid with respect to the holders of these posts in the year prior to decentralisation and the year after decentralisation; and if she will make a statement on the matter. [34711/07]
To the end of November, 253 posts have decentralised to my Department's offices in Portlaoise. Both travel and overtime costs are tracked by the use of cost centres, which are allocated to Divisions of the Department, and on an individual basis.
The Department is implementing decentralisation on phased basis, transferring posts and staff over the course of the programme. This phasing extends to a Divisional level, staffing and moving sections of Divisions over a period of time, which facilitates skills and knowledge transfer and mitigates the risk inherent in the move. Therefore it is not possible to present the information requested using cost centres, as they are not directly attributable to groups of staff in a particular location, but in a particular work area.
To present the information requested on an individual basis would require a detailed examination of individual records of the current and past holders of the 253 posts over the period 2005 to 2007 and would require considerable resources. However, the Department sends a quarterly return to the Decentralisation Implementation Group, which details the non-property costs of decentralisation, including costs such as travel and overtime. To the end of the last quarter, these costs amounted to €53,922.
168 Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food if her Department or any of its agencies has paid in advance for works or services that will not be commenced before the end of the 2007 financial year; the reasons for doing this; the amount of the payments; the recipients and the nature of the works or services; and if she will make a statement on the matter. [34725/07]
The only payments made in advance relate to Information Communications Technology (ICT). My Department uses an extensive range of ICT hardware and software products, to underpin its key operations. Some of these are off-the-shelf and some are tailored. These hardware and software products require ongoing support and enhancement, to ensure their satisfactory operation and modification to meet ongoing changes to business needs. By the end of 2007, my Department will have paid for a range of enhancement, support and maintenance services, to be delivered during 2008. These are set out in the attached table. Telecommunications costs including both voice and data capacity, with the exception of call charges, are also paid for in advance.
In the case of some of these services the only contractual option available is to pay in advance. In the case of others, it is more beneficial to the Department to do so. As part of composite billing, my Department has also paid two days (1st and 2nd January 2008) line and equipment rental to Eircom Virtual Private Network (VPN) account service. With regard to agencies under the aegis of my Department, payment for works or services are operational matters for the bodies themselves.
|
Nature of Service |
Period of Cover |
Amount inc VAT |
|
€ |
||
|
Maintenance and support for Mainframe Development Software |
February 2007–February 2008 |
34,635.97 |
|
Maintenance and support for Mainframe Monitoring Software |
June 2007–June 2008 |
11,464.95 |
|
Maintenance and support for Management Software |
March 2007–March 2008 |
2,998.20 |
|
Maintenance and support for Management Software |
July 2007–July 2008 |
4,486.92 |
|
Maintenance and support for Mainframe Database Software |
January 2007–January 2008 |
14,538.78 |
|
Maintenance and support for Mainframe Database Software |
March 2007–March 2008 |
25,652.73 |
|
Maintenance and support for Mainframe Database Software |
July 2007–July 2008 |
3,496.90 |
|
Maintenance and support for Mainframe Database Software |
August 2007–July 2008 |
221,493.80 |
|
Maintenance and support for Mainframe Management Software |
December 2007–December 2008 |
233,813.14 |
|
Maintenance and support for Management Software |
January 2008–December 2008 |
37,074.96 |
|
Maintenance and support for Management Software |
January 2008–December 2008 |
13,323.84 |
|
Maintenance and support for Management Software |
January 2008–December 2008 |
793.72 |
|
Maintenance and support for Mapping Software |
January 2008–December 2008 |
290,118.12 |
|
Maintenance and support for Mainframe Management Software |
July 2007–July 2008 |
9,075.00 |
|
Maintenance and support for Hardware |
June 2007–June 2008 |
305,841.18 |
|
Maintenance and Support for Hot Site facility |
July 2007–July 2008 |
111,010.19 |
|
Maintenance and support for Mainframe Management Software |
October 2007–September 2008 |
10,577.82 |
|
Maintenance and support for Software |
December 2007–November 2008 |
46,516.56 |
|
Maintenance and Support for Mainframe Management Software |
January 2008–December 2008 |
9,162.88 |
|
Maintenance and Support for Mainframe Management Software |
January 2008–January 2009 |
4,000.00 |
|
Maintenance and support of the Single Payment System |
December 2007- December 2008 |
3,216,996.00 |
|
Maintenance and Support for Hardware Maintenance |
May 2007–April 2008 |
494.25 |
|
Maintenance and Support for Database and Application Software |
February 2007–February 2008 |
25,017.54 |
|
Maintenance and Support for Database and Application Software |
February 2007–February 2008 |
44,501.71 |
|
Maintenance and support for Database and Application Software |
February 2007–February 2008 |
53,584.63 |
|
Maintenance and Support for Database and Application Software |
February 2007–January 2008 |
18,670.90 |
|
Maintenance and Support for Database and Application Software |
November 2007–November 2008 |
286,041.37 |
|
Maintenance and Support for Database and Application Software |
November 2007–November 2008 |
25,532.46 |
|
Maintenance and Support for Hardware Maintenance |
October 2007–September 2008 |
12,706.87 |
|
Maintenance and Support for Management Software |
March 2007–March 2008 |
15,096.33 |
|
Maintenance and support for Management Software |
April 2007–April 2009 |
57,219.76 |
|
Maintenance and support for Management Software |
January 2008–December 2008 |
51,216.88 |
|
Maintenance and support for Management Software |
April 2007–March 2008 |
1,960.20 |
|
Maintenance and support for Mainframe Management software |
May 2007–May 2008 |
9,473.75 |
|
Maintenance and support for Mainframe Management software |
February 2007–February 2008 |
14,761.23 |
|
Maintenance and support for Library software |
August 2007–July 2008 |
263.83 |
|
Maintenance and support for Backup software |
July 2007–June 2008 |
176,053.79 |
|
Maintenance and support for printers |
December 2007-January 2008 |
5,676.00 |
|
Maintenance and support for Computer Aided Software (CAD) |
July 2007-June 2008 |
2,136.86 |
|
Maintenance and support for Geographical Information Software (GIS) |
January 2007-January 2008 |
17,012.60 |
|
Maintenance and support for Management Information Software (MIS) |
March 2007-February 2008 |
725.25 |
|
Maintenance and support for Management Information Software (MIS) |
July 2007-June 2008 |
4,320.27 |
|
Maintenance and support for Corporate Customer System |
December 2007–March 2008 |
65,993.40 |
|
Maintenance and support for Desktops and Servers software |
March 2007-March 2008 |
105,322.03 |
|
Maintenance and support for Disability software |
October 2007-September 2008 |
720.00 |
|
Maintenance and support for Laboratory software |
February 2007-January 2008 |
128,635.10 |
|
Maintenance and support for Management Information Software (MIS) |
January 2007-July 2008 |
3,933.00 |
|
Maintenance and support for Management Information Software (MIS) |
June 2007-September 2008 |
1,089.00 |
|
Maintenance and support for Management Information Software (MIS) |
December 2007-November 2008 |
27,533.55 |
|
Maintenance and support of Statistics software |
January 2007-January 2008 |
229.90 |
|
Maintenance and support for SAP R/3 computer System |
January 2008-Feburuary 2008 |
83,454 |
|
Maintenance and support for SAP R/3 computer System |
January 2008-March 2008 |
74,342 |
|
Maintenance and support for eGovernment Infrastructure |
January 2008-December 2008 |
75,880 |
|
Maintenance and support for Security software |
November 2007-October 2008 |
2,904.00 |
|
Maintenance and support for Database Management software |
February 2007-January 2010 |
5,608.35 |
|
Maintenance and support for Remote Access software |
April 2007-March 2008 |
31,581.00 |
|
Maintenance and support for Network |
June 2007-September 2010 |
15,826.44 |
|
Maintenance and support for the Forestry System |
April 2007- April 2008 |
881,471.09 |
|
Line Rental |
January 2008-March 2008 |
357,625.74 |
|
Line Rental |
July 2007-August 2008 |
12,100.00 |
|
Line and Equipment Rental |
1-2 January 2008 |
1,249.90 |
169 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when an application under the national reserve will be dealt with for a person (details supplied) in County Clare; and if she will make a statement on the matter. [34739/07]
The person named submitted an application for an allocation of entitlements from the 2005 Single Payment Scheme National Reserve under Category B. Category B caters for farmers who made an investment in production capacity in a farming sector for which a direct payment under Livestock Premia and/or Arable Aid schemes would have been payable during the reference period 2000-2002. Investments can include purchase or long-term lease of land, purchase of suckler and/or ewe quota or other investments. The person named applied under Category B (iv) in relation to other investments but he was deemed ineligible under this category, as he did not submit the required documentation in support of the investments made.
The person named subsequently appealed against this decision and submitted additional documentation in support of his appeal. In all such cases, the procedure is that all contentions put forward in support of an appeal are first of all reviewed within my Department to see whether there is sufficient evidence to warrant any change to the original decision. In this case, the documentation was examined by my Department but did not provide grounds to alter the original decision.
This case has since been forwarded to the Single Payments Appeals Committee who will carry out a full review of the case and will correspond directly with the person named following the outcome of their review.
170 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Mayo has not received the single payment scheme given that the further information which was requested by her Department has been submitted; and when this person can expect payment. [34754/07]
An application for the transfer of entitlements under the 2007 Single Payment Scheme to the person named was submitted on 4 April 2007. During processing of the transfer application it was necessary for an official of my Department to write to the person named requesting specific legal documentation. The requested documentation was received and the application is now fully processed. Payment in respect of 108.26 standard entitlements transferred to the person named by Inheritance will issue shortly.
171 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason the 2007 single farm payment has not been granted to a person (details supplied) in County Galway; and if she will make a statement on the matter. [34772/07]
The position is that an application for the Transfer of Single Payment Entitlements to the person named was submitted on 24 April 2007. As the person named is not a registered herd owner, it is not possible to process the application. An official from my Department wrote to the person named on two occasions outlining the position and also requesting specific legal documentation in the event that the person named became a registered herd owner.
Upon allocation of a herd number and receipt of outstanding documentation, my Department will process the application and will correspond directly with the person named.
172 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason the 2007 single farm payment has not issued to a person (details supplied) in County Galway; if the entitlements have been transferred to them; and if she will make a statement on the matter. [34773/07]
An application to transfer entitlements to the person named under the 2007 Single Payment Scheme was received on 22 November 2007. The extended closing date for receipt of transfer applications was 8 June 2007. An official from my Department was in direct contact with the person named and has requested a letter outlining the reason for the delay in submitting this transfer application. The legal representative of the person named was advised that further documentation to clarify ownership of the entitlements is necessary.
Upon receipt of satisfactory information, my Department will process the application to transfer the entitlements and will be in direct contact with the person named.
173 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food the number of overseas trips taken by her and her Ministers of State since 14 June 2007; the number of air miles travelled and the cost to the Exchequer; and if she will make a statement on the matter. [34814/07]
Since 14 June 2007, I and my Ministers of State have undertaken 12 overseas journeys totalling 26,014 air kilometres at a cost to this Department of €5,728.
174 Deputy Deirdre Clune asked the Minister for Education and Science the reason a student (details supplied) in County Cork who has Down’s syndrome does not qualify to receive resource hours teaching in their mainstream school. [34648/07]
175 Deputy Deirdre Clune asked the Minister for Education and Science the reason Down’s syndrome is not included as a disability on the low incidence disabilities list; and if she will make a statement on the matter. [34649/07]
I propose to take Questions Nos. 174 and 175 together.
As the Deputy will be aware, my Department provides a range of teaching and care supports for children with special educational needs, including children with Down's Syndrome. The precise level of support is determined by the special educational needs of the particular child.
Children with Down's Syndrome are entitled to additional provision in school, either under the terms of the general allocation system of teaching supports if the child's assessment places the child in the high incidence disability category or through an allocation of additional resources if the child is assessed as being within the low incidence category of special need, as defined by my Department's circular.
In circumstances where a Down's Syndrome child has other associated needs and would fall into the low incidence disability categories, this may automatically attract an individual resource teaching allocation. The number of additional teaching hours allocated would range from three to five hours per week depending on the pupil's special educational needs including the level of general learning disability. Applications for such support should be referred to the local Special Educational Needs Organiser SENO by the school.
176 Deputy Michael Creed asked the Minister for Education and Science the incentives available from her Department for persons returning to full-time education to complete the leaving certificate and who are not in receipt of a social welfare payment; and if she will make a statement on the matter. [34662/07]
My Department has put the resources and supports in place to ensure that there is a wide range of course options available in the Further and Higher Education sectors for people who wish to return to education later in life. The priority target group of Further Education programmes generally is those who are disadvantaged and who lack basic skills. For this reason, incentives for persons returning to full-time education to complete the Leaving Certificate are confined to recipients of social welfare payments. Financial incentives are not available to people who are not in receipt of social welfare payments.
However, tuition and books and materials are provided free of charge or at nominal cost. People who have not completed upper second-level education are one of the target groups of the Further Education service. I would be keen to encourage people to return to education to complete a Leaving Certificate course. The adult education services, which are financed by my Department and delivered locally by VECs, are geared to the needs of adults who wish to do so. For example, the Back to Education Initiative (BTEI) is aimed primarily at adults who have not completed upper second-level education. This initiative is being provided on a part-time basis.
A key aim of this arrangement is to increase the flexibility and responsiveness of the system (e.g provision in the mornings, night-time, weekends etc. as needed, in a way which enables learners to pursue individual modules and accumulate credits towards full awards in line with their needs). The eligibility criteria for participation in the BTEI have recently been amended to allow free tuition to any adult with less than upper second level education. Childcare support is available to BTEI learners.
Persons considering returning to full-time education should contact the Adult Education Officer of the local vocational education committee to find out what courses and supports are available to them.
177 Deputy Michael Creed asked the Minister for Education and Science the amount of funding available under the summer works scheme for schools in 2008; and if she has received an application from a school (details supplied) in County Cork. [34666/07]
As the Deputy may be aware, the Summer Works Scheme was introduced in 2004. Since then, over 3,000 projects costing in excess of €300 million have been completed. Considerable extra investment has been provided in the Budget to increase funding for school buildings to almost €600 million next year. With so many small projects having been completed over the past few years, I intend to focus on delivering as many large projects as possible in 2008. There will not, therefore, be a new Summer Works Scheme as part of our building programme next year.
178 Deputy Michael Kennedy asked the Minister for Education and Science the measures being taken to ensure that funding is available for autism support at schools in north Dublin; her proposals for the future funding of schools which provide ABA facilities to children; and if she will make a statement on the matter. [34668/07]
179 Deputy Michael Kennedy asked the Minister for Education and Science the grants available for parents of autistic children for home schooling; the grants available for parents who take the initiative to set up their own ABA schools, such as a school (details supplied) in Dublin 13; and if she will make a statement on the matter. [34669/07]
I propose to take Questions Nos. 178 and 179 together.
The Deputy will be aware of my commitment to ensuring that all children, including those with special needs, can have access to an education appropriate to their needs preferably in school settings through the primary and post primary school network. This facilitates access to individualised education programmes, fully qualified professional teachers who have received additional training in autism, special needs assistants, and the appropriate school curriculum with the option where possible of full/partial integration and interaction with other pupils. As each child with autism is unique it is important that teachers can draw from a range of interventions, including ABA, so their pupils' broader needs can be met.
In excess of 275 autism-specific classes have now been sanctioned around the country, including North Dublin, by my Department in conjunction with National Council Special Education (NCSE). The NCSE will sanction additional classes as required. These classes are funded in respect of teacher and special needs assistant salaries and receive grants for equipment and significantly enhanced rates of capitation. In addition, my Department has invested significantly in the provision of autism-specific training courses for teachers of these classes.
My Department does not provide grants for parents who choose to home educate their children outside of the school system or who wish to establish their own schools outside the normal school processes. My Department does provide grants, through the home tuition scheme, to parents to provide education at home for children who, for a number of reasons such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for children awaiting a suitable educational placement and also to provide early educational intervention for pre-school children with autism.
I am aware that the facility in question has sought inclusion in an expanded pilot scheme which funds a number of facilities for children with autism. This scheme was established in the absence of a network of school-based special classes for children with autism. The Programme for Government commits to the long-term funding for the centres that are currently in the ABA pilot scheme subject to agreement with my Department on standards that will enable the Department to support them as primary schools for children with autism. I am pleased to advise that the issue is being actively progressed.
In terms of autism provision in other locations, we will continue to work to ensure that all children can have access to a broad programme, with provision for ABA as appropriate, in special classes.
180 Deputy Leo Varadkar asked the Minister for Education and Science the number of posts that have been decentralised as part of the current decentralisation programme with respect to her Department and agencies; the cost of mileage and overtime paid with respect to the holders of these posts in the year prior to decentralisation and the year after decentralisation; and if she will make a statement on the matter. [34716/07]
The details requested by the Deputy are provided in the table.
|
No of posts |
Date decentralised |
Travel costs associated with post(s) previous full year |
Overtime costs associated with post(s) previous full year |
Travel costs associated with post since date of decentralisation |
Overtime costs associated with post since date of decentralisation |
|
€ |
€ |
€ |
€ |
||
|
1 |
December 2006 |
200.05 |
Nil |
2,168.28 |
Nil |
|
1 |
January 2007 |
38.23 |
Nil |
1,054.34 |
Nil |
|
8 |
July 2007 |
6,387.06 |
3,681.35 |
1,766.42 |
11,970.35 |
|
2 |
September 2007 |
12,303.99 |
Nil |
Nil |
Nil |
|
2 |
October 2007 |
552.95 |
145.46 |
157.64 |
Nil |
|
1 |
November 2007 |
3,529.90 |
Nil |
Nil |
Nil |
181 Deputy Leo Varadkar asked the Minister for Education and Science if her Department or any of its agencies has paid in advance for works or services that will not be commenced before the end of the 2007 financial year; the reasons for doing this; the amount of the payments; the recipients and the nature of the works or services; and if she will make a statement on the matter. [34730/07]
In making its payments my Department is mindful of Sections C.5.3 to C.5.7 of the Department of Finance's Public Financial Procedures which outline the appropriate procedures for payments. In line with these Public Financial Procedures it may be necessary, due to contractual commitments, to make advance payments.
The information on advance payments as sought by the Deputy is not routinely maintained by my Department but composite details of prepayments are produced in conjunction with the annual accounts which are prepared for the statutory deadline of 31st March annually. If the Deputy requires details of the Departments prepayments they can be supplied to him when the 2007 accounts are completed. Day to day expenditure details for the Agencies under the aegis of my Department are a matter for the individual Agencies.
182 Deputy Michael McGrath asked the Minister for Education and Science her views on criticisms in relation to Department circular 0044/2007; and her further views on the NCCA’s proposals regarding language and literacy in Irish-medium primary schools. [34741/07]
The Circular 0044/2007 relates to Language and Literacy in the infant classes in Irish medium schools. It requires such schools to implement arrangements under which minimum timeframes set out in the curriculum are provided for, and the introduction of English as a second language is not delayed beyond the start of the second term in junior infant classes.
The revised primary curriculum was launched in 1999 after extensive consultation with the partners in education. Page 27 in the Introduction to the Curriculum states "It is a particular feature of Irish primary education that children, from the beginning of schooling, have experience of language learning in two languages." It also sets out a suggested minimum weekly time framework for tuition. This provides that where a first language is being taught, there should be four hours instruction per week, and 3 hours per week where there is a shorter day for the infant classes. Where a second language is being taught, the suggested minimum timeframe is 3.5 hours per week, and 2.5 hours per week for infant classes with a shorter day.
Some time ago my Department sought the advice of the National Council for Curriculum and Assessment on issues relating to emergent literacy in Irish medium schools. The NCCA produced a series of reports on the matter, including a consultation paper, a literature review of research, and a report on the consultation process. The Council presented its final advice in February 2007.
Having considered the advice in full, I have determined as a public policy issue that the position as set out in the curriculum, and in previous Parliamentary Questions, should remain unchanged i.e that the minimum recommended timeframe set out for a second language in the curriculum should be adhered to. The fundamental issue in this case concerns upholding the rights of all children to access the full curriculum from the earliest possible stage. The Circular on this issue is now the subject of a legal challenge in the High Court, and it would not be appropriate to make any further comments about the matter.
183 Deputy Michael McGrath asked the Minister for Education and Science if there is a funding scheme available in her Department for proposed works at a school (details supplied) in County Cork. [34742/07]
It is open to the school referred to by the Deputy to use their minor works grant allocation.
184 Deputy Michael Ring asked the Minister for Education and Science the funding provided to a school (details supplied) in County Mayo; the details of each stage of this project; the breakdown of each stage of this project giving details of when it progressed from each stage; and if she will make a statement on the matter. [34769/07]
I am pleased to inform the Deputy that the relevant Vocational Education Committee had indicated to my Department that the project in question is under construction.
185 Deputy Michael Ring asked the Minister for Education and Science the position with regard to a school (details supplied) in County Mayo; when she expects funding to be sanctioned for that school; the breakdown of each stage of this project giving details of when it progressed from each stage; and if she will make a statement on the matter. [34770/07]
The progression of all projects to tender and construction, including the project in question, will be considered in the context of my Department's multi-annual School Building and modernisation Programme. I intend to announce in January the first tranche of projects that will be proceeding to construction with further announcements throughout the year as the school building programme is rolled out.
186 Deputy Leo Varadkar asked the Minister for Defence the number of posts that have been decentralised as part of the current decentralisation programme with respect to his Department and agencies; the cost of mileage and overtime paid with respect to the holders of these posts in the year prior to decentralisation and the year after decentralisation; and if he will make a statement on the matter. [34715/07]
The Government Decision on decentralisation, announced by the Minister for Finance in his Budget Statement on 3 December 2003, provides for the transfer of all my Department's Dublin based Civil Service staff to Newbridge, Co. Kildare. The number of posts to be relocated to Newbridge is 200. No staff have yet transferred to that location. The Civil Defence Board, which is a State Authority under the aegis of the Department of Defence, transferred to its new purpose built Headquarters in Roscrea in May 2006 with a staff of 17.
The mileage paid to these staff members in the year prior to decentralisation amounted to €58,809.72. The mileage paid to these staff members in the year after decentralisation amounted to €32,219.53. The over-time paid to these staff members in the year prior to decentralisation amounted to €47,950.08. The over-time paid to these staff members in the year after decentralisation amounted to €29,763.10. Given the nature of Civil Defence activities, the amounts of mileage and overtime are greater than the generality of civil service staff.
187 Deputy Leo Varadkar asked the Minister for Defence if his Department or any of its agencies has paid in advance for works or services that will not be commenced before the end of the 2007 financial year; the reasons for doing this; the amount of the payments; the recipients and the nature of the works or services; and if he will make a statement on the matter. [34729/07]
My Department has not paid in advance for works or services that will not be commenced before the end of 2007.
188 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will reconsider the decision to refuse a visa in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [34784/07]
There is no change in the position in this case since my reply to the Deputy's question of 4 December 2007. The application for a visa was refused by the Visa Officer in Cairo on 26 November 2007. The grounds for refusal were that the Visa Officer had concerns around the bona fides of the marriage and the applicant's spouse's capacity to support him financially in Ireland. It is open to the applicant to appeal against this decision. Any such appeal should reach the Visa Appeals Officer in Cairo within two months of the date of the original decision.
189 Deputy Tony Gregory asked the Minister for Justice, Equality and Law Reform the status of an application for naturalisation made by a person (detailed supplied) in Dublin 7; and when a decision can be expected on this application. [34684/07]
An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship section of my Department in March 2004. Officials in that section submitted the application for a decision in June 2006 and my predecessor decided to refuse the application. The reasons for the decision were disclosed to the applicant in a letter dated 17 July 2006. It is open to the person in question to lodge a fresh application if and when she is in a position to meet the statutory requirements applicable at that time.
190 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the number of gardaí working in Tipperary South in 1997. [34688/07]
191 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the number of gardaí working in Tipperary South in 2002. [34690/07]
195 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the number of gardaí working in Tipperary South in 2007. [34749/07]
I propose to take Questions Nos. 190, 191 and 195 together.
The personnel strength of Tipperary Garda Division on 31 December 1997, 31 December 2002 and 30 November 2007 (the latest date for which figures are readily available) are as set out in the table.
|
31/12/1997 |
31/12/2002 |
30/11/2007 |
|
|
Tipperary Division |
297 |
314 |
362 |
The Deputy should be aware that Garda Divisional/District boundaries do not necessarily correspond to county or city boundaries.
It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. The situation will be kept under review and when additional personnel next become available the needs of Tipperary Division will be fully considered by him within the overall context of the needs of Garda Divisions throughout the country.
192 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if he will reply to correspondence from a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [34705/07]
I wish to advise the Deputy that I have arranged to meet with the person concerned in the coming days.
193 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the number of posts that have been decentralised as part of the current decentralisation programme with respect to his Department and agencies; the cost of mileage and overtime paid with respect to the holders of these posts in the year prior to decentralisation and the year after decentralisation; and if he will make a statement on the matter. [34722/07]
Since 2004, under my Department's decentralisation programme, three-hundred and fifty posts from six bodies attached to my Department have transferred to six different locations around the country. The most recent transfer of these posts took place in November of this year.
Compiling the information sought in respect of overtime payments and other payments to the staff members who decentralised would involve a disproportionate and inordinate amount of time and effort to prepare. This could not be justified in current circumstances where there are other significant demands on resources.
194 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if his Department or any of its agencies has paid in advance for works or services that will not be commenced before the end of the 2007 financial year; the reasons for doing this; the amount of the payments; the recipients and the nature of the works or services; and if he will make a statement on the matter. [34736/07]
Payments in advance for works and services are made in the ordinary course of Departmental business in certain circumstances under public financial procedures. These can arise for a variety of reasons and include advance funding to the Office of Public Works for building projects and other prepayments. The annual appropriation account includes details of all such payments as at the 31st December in each financial year. The work in compiling prepayment information for the current financial year will commence in January 2008 and conclude in March 2008. The appropriation account which is audited by the Comptroller and Auditor General is published in September of each year and reflects the financial position including advance and prepayments as at the previous 31st of December. To undertake the compilation of this information outside of the appropriation account work programme would involve a disproportionate amount of resources.
196 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform his proposals for improvement or replacement of the various Garda stations throughout County Kildare; the extent to which it is intended to modernise and upgrade in line with modern requirements; and if he will make a statement on the matter. [34787/07]
There is a significant ongoing programme of replacement and refurbishment of Garda stations and other Garda accommodation around the country, including County Kildare. The Garda accommodation programme is based on agreed priorities established by An Garda Síochána and is brought forward in close co-operation with the Office of Public Works, which has responsibility for the provision and maintenance of Garda accommodation.
I am informed by An Garda Síochána that one of the current building and refurbishment projects in County Kildare is the construction of a new Garda Station at Leixlip; this is progressing well and is due for completion in 2008. Extensive improvement works to Celbridge Garda Station are nearing completion and works are planned for Castledermot and Clane Garda Stations in 2008. Major funding of the Garda Building Programme will continue with €260 million from the National Development Plan. The Garda authorities are working on the development of a strategic, multi-annual development plan as recommended in the Garda Inspectorate's third report. In addition, an annual maintenance budget is provided in the Garda Vote for the upkeep of stations including those in County Kildare.
197 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when he expects an increase in Garda strength in Clane, Maynooth, Kilcock, Celbridge and Leixlip Garda stations; and if he will make a statement on the matter. [34788/07]
214 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which consideration is being given to increasing the Garda strength at each Garda station throughout County Kildare in line with population increase; and if he will make a statement on the matter. [34805/07]
I propose to take Questions Nos. 197 and 214 together.
The Garda stations referred to by the Deputy form part of the Carlow/Kildare Division. The total strength of the Carlow / Kildare Division, as of 30 November 2007, the latest date for which figures are readily available, was 404. The total strength of each station in the Carlow / Kildare Division as of the same date was as follows:
|
District |
Station |
30/11/07 |
|
Naas |
Naas |
98 |
|
Celbridge |
23 |
|
|
Clane |
7 |
|
|
Kill |
3 |
|
|
Maynooth |
15 |
|
|
Kildare |
Kildare |
31 |
|
Robertstown |
4 |
|
|
Kilcullen |
4 |
|
|
Monasterevin |
5 |
|
|
Rathangan |
34 |
|
|
Carbury |
4 |
|
|
Newbridge |
4 |
|
|
Carlow |
Carlow |
72 |
|
Leighlinbridge |
1 |
|
|
Ballon |
1 |
|
|
Myshall |
1 |
|
|
Muinebheag |
8 |
|
|
Athy |
18 |
|
|
Castledermot |
2 |
|
|
Baltinglass |
Baltinglass |
31 |
|
Blessington |
16 |
|
|
Dunlavin |
1 |
|
|
Hollywood |
1 |
|
|
Donard |
1 |
|
|
Shillelagh |
1 |
|
|
Tinahely |
2 |
|
|
Hacketstown |
2 |
|
|
Rathvilly |
1 |
|
|
Ballymore Eustace |
1 |
|
|
Tullow |
11 |
|
|
Ballytore |
1 |
|
|
Total |
404 |
The detailed allocation of Garda resources, including personnel, is a matter for the Garda Commissioner to decide on. The Small Area Population Statistics, published by the Central Statistics Office and based on the 2006 Census, are currently being analysed by An Garda Síochána. Apart from demographics, the allocation of additional personnel is also determined by a number of factors including crime trends, other operational policing needs and priorities. The allocation of Garda resources is monitored and reviewed on a continual basis. When resources next become available, the policing needs of the Carlow / Kildare Division will be fully considered by the Garda Commissioner in the overall context of Garda Divisions throughout the country.
198 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which criminal gangs have infiltrated the security or financial services areas; and if he will make a statement on the matter. [34789/07]
206 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which he is aware of protection, intimidation, racketeering and extortion by criminal gangs; the action he has taken or proposes to take to combat such issues; and if he will make a statement on the matter. [34797/07]
209 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent, in the context of the number of criminal gangs operating throughout the country, to which their whereabouts are known and identified; the number of occasions in which the leading personalities have been arrested in the past five years; and if he will make a statement on the matter. [34800/07]
210 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of times the members of the leading criminal gangs have been arrested in the past 12 months; the number of such criminal gang members who have not been arrested or interviewed by the Garda in the past 12 months; and if he will make a statement on the matter. [34801/07]
212 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of known members of criminal gangs involved in drug trafficking and currently in exile; the extent to which contact has been made with the local police force with a view to extradition; and if he will make a statement on the matter. [34803/07]
I propose to take Questions Nos. 198, 206, 209, 210 and 212 together.
I am advised by Garda management that in general terms there are two broad categories of organised crime groups operating in this jurisdiction. The first category consists of individuals/groups that are well established and tightly structured and are involved in drug trafficking, armed robbery and firearms offences. The second category involves groups whose activities are characterised by less cohesive group structures and are involved in criminal activities which are mainly confined to Ireland.
The membership of organised gangs tends to be fluid and the nature of criminal activity is such that offences committed by members of gangs may or may not be connected with the individual's membership of such gangs. It is therefore not possible, without the expenditure of an inordinate amount of time and resources, to attribute specific figures to the membership or activity of such gangs.
Organised criminal gangs operating in this jurisdiction are targeted on an ongoing basis by An Garda Síochána and profiles regarding the personnel of such groups are continually updated. Their members, operating methods, criminal interests and financial assets are likewise proactively targeted through the use of intelligence-led operations which are primarily undertaken by specialist units of An Garda Síochána acting under the remit of the Assistant Commissioner, National Support Services. A number of organised crime groups have been successfully targeted in this manner recently with firearms and drugs being recovered. This has led to a number of people from these organised groups being prosecuted and convicted before the Courts.
In November 2005 the Organised Crime Unit at the National Bureau of Criminal Investigation was set up to combat the growth of organised crime, and in particular armed criminal gangs. This Unit has been expanded and now comprises of 70 members working full time to proactively target the various criminal groups throughout the city. The Unit continues to work closely with other specialist units including the Garda National Drugs Unit and the Special Detective Unit / Emergency Response Unit in targeting those suspected of involvement in organised criminal activity.
The National Bureau of Criminal Investigation is also closely involved in Operation ‘Anvil', particularly within the Dublin Metropolitan Region. Local initiatives under Operation ‘Anvil' are now in place in all regions nationwide in order to address more comprehensively at a national level increases in violent crime. This operation has successfully targeted a number of criminals gangs involved in gun crime. Operation ‘Anvil' commenced in the Dublin Metropolitan Region in 2005 and was extended nationally during 2006. It is an intelligence-led policing initiative, the focus of which is the targeting of active criminals and their associates involved in serious crime by preventing and disrupting their criminal activity, through extensive additional overt patrolling, static checkpoints, by uniform mobile and foot patrols, supported by armed plain-clothes patrols, in conjunction with other, covert, operations.
The Criminal Assets Bureau has been successful in identifying, targeting and seizing funds accumulated by criminals, thus depriving them of the profits of their criminal activity. A dedicated unit within the Garda National Drugs Unit has been established to liaise with the Criminal Assets Bureau to target those criminals and criminal groupings believed to be deriving profits and assets from drug-related criminal activity. The multi-unit, integrated approach adopted by An Garda Síochána reflects best international practice and continues to use, in a coordinated manner, specialist resources and available criminal legislation to its fullest extent. Operations are reviewed on an ongoing basis to ensure their effectiveness.
Within the National Bureau of Criminal Investigation, the Anti-Racketeering Unit is involved in the prevention and detection of this type of criminal activity on a national basis. An Garda Síochána complies with the provisions of Section 34 of the Private Security Services Act, 2004 in that it provides information on applicants for a licence to the Private Security Authority on request. While there have been instances where persons involved in the security industry have been charged with criminal offences, there is no evidence to support the view that there is any orchestrated infiltration of security industry.
The Garda Bureau of Fraud Investigation has carried out a number of investigations where organised crime groups have used employees of financial institutions to obtain data to enable them to commit fraud. Such groups have also used members of their group to gain employment in financial institutions for the same purpose. There is no substantive intelligence to indicate that organised criminal groups have infiltrated the financial services area from a money-laundering perspective. However, there is substantive evidence to indicate that these groups are prone to use alternative banking systems and cash ‘couriers' to transport large amounts of cash out of the jurisdiction thus avoiding the use of conventional banking systems.
In this respect, current legislation, Section 38(1) of the Criminal Justice Act 1994, empowers a member of An Garda Síochána or Customs Officer to seize and detain cash which is being imported or exported from the State if the amount is greater than the prescribed sum (€6,250) and there are reasonable grounds for suspecting that it directly or indirectly represents the proceeds of, or is intended by any person for use in, drug trafficking. Furthermore EU Regulation 1889/05, which came into force in June 2007, requires a declaration by any person importing or exporting cash from the EU above a prescribed amount (€10,000) to an official from the appropriate Customs Authority. Where information comes into the possession of An Garda Síochána indicating the involvement of criminals in the type of activity suggested in the question it is subject of thorough investigation.
In terms of Irish criminals operating in foreign jurisdictions, An Garda Síochána works closely with International law enforcement agencies in targeting the activities of these individuals and the offices of Europol are used extensively to coordinate the exchange of intelligence in the targeting of these criminals. An Garda Síochána has liaison officers posted in a number of European countries including London, Paris, and Madrid, in addition to officers posted to the Hague and Europol. It is the function of these staff to liaise with the police and judicial authorities in those and neighbouring jurisdictions in the context of serious and organised criminal activity with an Irish dimension. Garda management continue to review operational activities to ensure that the most effective response to criminal activity is in place and to counter new and emerging trends.
199 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [34790/07]
I refer the Deputy to Parliamentary Questions No. 545 of Tuesday, 4 December, 2007 and No. 1028 of Wednesday, 26 September, 2007 and the written replies to those questions. The position remains unchanged.
200 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress to date in the matter of an application for family reunification in the case of persons (details supplied) in Dublin 15; and if he will make a statement on the matter. [34791/07]
The person referred to by the Deputy has applied for leave of the High Court to seek a Judicial Review of the decision in their case. In the circumstances, it would be inappropriate for me to make any further comment in relation to the case until the judicial review proceedings have been determined.
201 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress of the determination of residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [34792/07]
I refer the Deputy to my previous reply of 24 April 2007 in relation to the persons in question. As the persons in question have failed to reply to the correspondence issued on 5 April 2007, their applications are now deemed abandoned. The correspondence of 5 April 2007 was the fourth attempt by the Immigration Division of my Department to obtain the documentation required to make a decision in respect of the persons referred to.
202 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when naturalisation will be approved in the case of a person (details supplied) in Dublin 22 and residency status in the case of their spouse whose children possess Irish passports; and if he will make a statement on the matter. [34793/07]
I refer the Deputy to my previous answer to Parliamentary Question No. 163 put down for answer on 29 November, 2007. I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in March 2005. A request for documentation recently issued to the legal representative of the person concerned. On receipt of the requested documentation, the application will be considered further and a decision will issue in due course.
203 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if, in the case of a person (details supplied) in Dublin 22 who has applied for residency status and is carer for their mother who has a disability, this might be borne in mind in the context of consideration of their case; and if he will make a statement on the matter. [34794/07]
I refer the Deputy to Parliamentary Questions No. 153 of Thursday, 25 October, 2007 and No. 179 of Thursday, 22 November, 2007 and the written replies to those questions. The position remains unchanged. The person's case file, including family and domestic circumstances will be considered under Section 3 of the Immigration Act 1999, as amended and Section 5 of the Refugee Act 1996 (Prohibition of Refoulement), as amended before a final decision is made.
211 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he is satisfied regarding the adequacy of co-operation between the Garda Síochána and other police forces through Europol or Interpol in the context of action against criminal gangs involved in drug trafficking; and if he will make a statement on the matter. [34802/07]
I am satisfied that there is effective ongoing co-operation between the Garda Síochána and police forces in other jurisdictions which is facilitated and enhanced through Ireland's participation in the activities of Europol and Interpol.
An Garda Síochána continues to target the activities of criminal gangs involved in drug trafficking at home and abroad in cooperation with other international law enforcement agencies. This is achieved through several means including conducting targeted operations against individuals and organisations operating within this jurisdiction with known linkages to international drug traffickers, including Irish Nationals residing abroad, and exchanging strategic and operation intelligence with foreign law enforcement agencies, including Europol and Interpol.
In order to facilitate the exchange of information and intelligence on criminal matters including drug-trafficking, An Garda Síochána has Liaison Officers posted in a number of locations throughout Europe, as well as officers on secondment to Europol and Interpol.
In June 2004 the President signed into Law the Criminal Justice (Joint Investigation Teams) Act which legislates for the competent authorities of two or more EU Member States to carry out criminal investigations with a cross-border dimension. This legislation further enhances law enforcement agencies within Member States to carry out criminal investigations with an international perspective.
In September 2007, I signed an Agreement formalising Ireland's participation in the Marine Operations Analysis Centre (Narcotics) in Lisbon. The purpose of the centre is to better enhance international cooperation in the suppression of illicit drug trafficking across the Atlantic towards Europe and the West African Seaboard. The centre will collect and analyse operational information, enhance intelligence through better information exchange, and ascertain the availability of naval assets to facilitate interdictions in accordance with the national laws of the participants involved.
213 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of criminals currently living overseas and possibly the subject of the extradition process; and if he will make a statement on the matter. [34804/07]
With free movement of persons within the European Union, in particular, it is difficult to assess the number of those suspected of involvement in criminal activity living overseas. Where information exists that a person, who is wanted in relation to a particular crime in this jurisdiction, is living abroad and where the particular legal requirements apply, surrender of the person from the relevant Member State of the European Union or extradition from the relevant country are sought in accordance with the provisions of the European Arrest Warrant Act 2003 as amended or Part II of the Extradition Act 1965 as amended respectively.
Currently there are 56 active requests for surrender in accordance with the European Arrest Warrant Act 2003. There are 4 active requests for extradition in accordance with Part II of the Extradition Act 1965. In 2003 there were 23 extradition requests to the United Kingdom under the provisions of Part III of the Extradition Act 1965 and 8 cases are still outstanding. Part III of the Extradition Act 1965 has been repealed and there have been no Part III requests to the United Kingdom since 2003.
215 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of anti-social behaviour incidents reported to each Garda station throughout County Kildare in the past 12 months; the number of prosecutions and convictions arising therefrom; and if he will make a statement on the matter. [34806/07]
Following the submission in 2004 of a report and recommendations by an expert group on crime statistics, it was decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from the Garda Síochána. The Garda Síochána Act 2005 consequently makes provision for this and the CSO has established a dedicated unit for this purpose.
Following the setting up of the necessary technical systems and auditing of the data from which the statistics are compiled, the CSO is now compiling and publishing criminal statistics and has published provisional headline crime statistics since the third quarter of 2006. In addition, it has compiled and published a series of quarterly and annual statistics for the period starting with the first quarter of 2003. I understand that the CSO are examining how the crime statistics published might be expanded and made more comprehensive. I have requested the CSO to provide the statistics sought by the Deputy directly to him.
216 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform if, in view of proposals to build a new prison in Kilworth, County Cork, he will meet with community representatives to allow them to air their concerns before construction begins; and if he will make a statement on the matter. [34815/07]
I am happy to be in a position to inform the Deputy that to date two meetings have taken place in recent months between representatives of the community at Kilworth and officials from the Irish Prison Service. These meetings have been extremely useful both in terms of informing the community in relation to the proposed development, which must be noted is at a very early stage, and listening to the concerns expressed in relation to the project. I will of course be happy to facilitate further meetings as appropriate over the course of the development of the project.
217 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government the funding the Government has made available to the Irish Heritage Trust; and if he will make a statement on the matter. [34686/07]
The Irish Heritage Trust was established in 2006 with a mandate to acquire for public access major important heritage properties where the State does not wish to acquire them directly and where there is imminent risk to their heritage value.
In 2006 my Department provided a sum of €430,998 to meet the establishment and initial running costs of the Irish Heritage Trust. In the current year a further €500,000 was provided from my Department's Vote for the day to day operational costs of the Trust as well as endowment funding of €5 million to enable the Trust to acquire its first heritage property, Fota House and Gardens.
With regard to 2008, I have allocated €520,000 towards the operational costs of the Irish Heritage Trust in addition to further endowment funding of €5 million for property acquisition during the coming year.
218 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government the number of posts that have been decentralised as part of the current decentralisation programme with respect to his Department and agencies; the cost of mileage and overtime paid with respect to the holders of these posts in the year prior to decentralisation and the year after decentralisation; and if he will make a statement on the matter. [34718/07]
Under the decentralisation programme, all Dublin based operations of my Department are being decentralised, with the exception of Met Éireann, ENFO, the Private Rented Tenancies Board and a small co-ordination section which it is proposed to retain in Dublin to assist with the Department's Dáil and other business. A total of 682 Dublin based posts will be transferred to four locations in the South East: Wexford (270 posts); Waterford (225 posts); New Ross (125 posts) and Kilkenny (62 posts).
As outlined in the updated Progress Report (September 2007) from the Decentralisation Implementation Group, the indicative timescales for the completion of the Department's offices in Wexford, Kilkenny, New Ross and Waterford are Quarter 3 2008, Quarter 4 2009, Quarter 2 2010 and Quarter 3 2010 respectively.
My Department established an advance office in Wexford, now comprising 41 posts, which has been operational since 25 June 2007. The cost of mileage and overtime paid to the holders of these posts for the year prior to and since decentralisation is being compiled and will be forwarded to the Deputy.
219 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government if his Department or any of its agencies has paid in advance for works or services that will not be commenced before the end of the 2007 financial year; the reasons for doing this; the amount of the payments; the recipients and the nature of the works or services; and if he will make a statement on the matter. [34732/07]
With the exception of payments of €6,410 to Dublin City Council in respect of waste collection and €7,300 to Veolia (Luas Company) in respect of the Department's staff Travel Pass scheme no other advance payments have been made in respect of works or services commissioned by my Department. As I have no function in the matter, information is not available in my Department on such day-to-day operational matters in relation to local authorities or bodies under the aegis of my Department.
220 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government when the derogation order for the current period (details supplied) will be renewed in accordance with Article 9 of 79/490 birds directive. [34777/07]
Council Directive No. 79/409/EEC on the conservation of wild birds is implemented in Ireland under the Wildlife Acts. Under the terms of the Directive all EU member States, including Ireland, are bound to take measures to protect all wild birds and their habitats. The Directive allows member States to make derogations from its protective measures in certain circumstances.
While there are no derogations currently in place it is my intention to renew the derogations with effect from 1 January, 2008. The new derogations will, for the first time, exclude the use of meat baits for the purposes of the control of pest species by means of poison. This is to prevent accidental killing of birds of prey.
221 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the number of compact fluorescent light bulbs and light emitting diodes bulbs fitted in his Department’s offices in the Custom House. [34782/07]
I am advised by the Office of Public Works (OPW), who have responsibility for maintenance work in the Custom House, that 33% of the bulbs are compact fluorescent light bulbs and 5% are light emitting diode bulbs. The OPW is due to carry out a survey of all lighting in the Custom House shortly with a view to installing energy efficient lighting throughout the building.
222 Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the number of posts that have been decentralised as part of the current decentralisation programme with respect to his Department and agencies; the cost of mileage and overtime paid with respect to the holders of these posts in the year prior to decentralisation and the year after decentralisation; and if he will make a statement on the matter. [34713/07]
During the period October 2006 to date, 42 staff working in the Corporate Services and Finance functions of my Department have relocated to Cavan as part of the Government's Decentralisation Programme. Due to the staggered nature of the staff moves to Cavan, it has not been possible to compile the overtime and mileage costs in the time available. I will provide this financial information to the Deputy as soon as it is finalised.
Sustainable Energy Ireland is in discussion with OPW regarding an advance move of staff to Dundalk in the coming months. The Central Fisheries Board has liaised closely with OPW on site options for its proposed move to Carrick-on-Shannon.
223 Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if his Department or any of its agencies has paid in advance for works or services that will not be commenced before the end of the 2007 financial year; the reasons for doing this; the amount of the payments; the recipients and the nature of the works or services; and if he will make a statement on the matter. [34727/07]
My Department has paid €300,000 to Tipperary (North Riding) County Council for the provision of roads in connection with the project of rehabilitation of disused mining areas at Silvermines, County Tipperary. This funding arises out of the 2005 Government decision to commence the project. Tipperary County Council manages the project and a certain level of prepayment is necessary as the council is not undertaking the work from its own resources.
My information is that other than contracts for the maintenance of equipment or other services, which normally include prepayment terms, my Department does not pay for works or services until after they are delivered. Subject to that, the Department does not plan to pay for works or services that will not be commenced before the end of the 2007 financial year.
Payments for works and services by State agencies, is a day-to-day operational matter for the agencies and I have no function in that regard.
224 Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources the funding available to a person to construct a wind turbine for either domestic or commercial operation; and if he will make a statement on the matter. [34747/07]
Grant aid to support the increased use of renewable energy resources is targeted at the heat market at this time. There is no grant aid available for the construction and operation of wind-turbines.
The construction and commercial operation of renewable energy powered turbines, including wind-powered turbines, in electricity production, is assisted by the Renewable Energy Feed In Tariff (REFIT) support programme. The scope for supporting domestic-scale production from wind-powered turbines with an option to sell electricity back into the grid will be considered in the context of microgeneration and net metering initiatives progressing.
225 Deputy Joanna Tuffy asked the Minister for Communications, Energy and Natural Resources the number of compact fluorescent light bulbs and light emitting diodes bulbs fitted in his Department’s offices in Adelaide Road. [34783/07]
My Department's office at Adelaide Road is a large modern building with six floors of offices, the artificial light in which is provided almost exclusively through compact fluorescent lighting. It is not feasible to provide a figure as to amount of these lights in place. The small number of exceptions is in the reception area where there are five halogen spot lights and 28 other units with energy saving lamps installed in them.
