Aengus Ó Snodaigh
Question:283 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his plans for immigration law reform during the lifetime of the 29th Dáil. [2822/05]
View answerTuesday, 1 February 2005
Questions (281, 282, 283, 284, 285, 286)
Written answers
I refer the Deputy to section C of the Government legislative programme which was published by my colleague, Deputy Kitt, the Government Chief Whip, on 25 January last. In line with that programme, I expect to publish later this year an immigration and residence Bill which will replace existing immigration law and provide a statutory framework for the development and implementation of immigration policy in the future. Work is ongoing in my Department on this Bill and I intend in the coming months to publish a discussion document on it.
Aengus Ó Snodaigh
Question:284 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his plans for prison reform during the lifetime of the 29th Dáil. [2823/05]
View answerA number of significant changes to the Irish prison system are in the process of being introduced. The Deputy will be aware of my position regarding the elimination of the unsustainable burden of chronic overtime in the prison service with a view to delivering a more efficient and cost effective service. My proposal involves the implementation of a programme of detailed staffing and work practice efficiencies together with the elimination of overtime working and the introduction of an additional hours system of attendance.
This system envisages staff earning a stable income and giving an undertaking to work certain levels of additional hours. This approach is designed to reinforce the attractiveness of more efficient working practices. The proposal also outlines scope for organisational restructuring covering rationalisation of certain functions and greater focus on core and developmental roles of various prison grades.
Following extensive negotiations between the Irish Prison Service and the Prison Officers Association, a limited number of financial issues were the subject of a referral to arbitration, the hearings of which took place on 22 October and 1 November 2004. The arbitrator released his findings on Monday, 24 January 2005, and officials of the Irish Prison Service are engaged in further discussions with the Prison Officers Association. Discussions have not yet concluded.
New rules for the government of prisons will be introduced in the new future. These rules, which will set out in considerable detail the full range of rights, duties and obligations for prisoners, prison staff and management, are expected to be finalised in the immediate future. European standards for prisons have been taken into account in the drafting of the new rules.
Preparation of a drugs policy for the Irish Prison Service is at an advanced stage and is expected to be published within the first half of this year. The intention is that the new policy will facilitate consistent regulation and operational structure in pursuing both supply and demand reduction. This is in line with the Government commitment to operate drug free prisons.
The Criminal Justice (Temporary Release of Prisoners) Act 2003 and associated rules were commenced by me with effect from 12 November 2004. The Act provides a clearer legislative basis for the power to grant temporary release by setting down the principles which will apply to the exercise of this power. The Act amends section 2 of the Criminal Justice Act 1960 and provides a clear and transparent basis, as well as the necessary safeguards required, for the operation of the system of temporary release.
Within the prison custodial system, there is a wide range of services in place aimed at providing offenders with the means to avoid re-offending following their return to the community. The services provided include work skills, training and education and are matched, where possible, to individual aptitudes and abilities, sometimes unrecognised or untapped prior to imprisonment. In addition, a range of medical, psychological and other support services are available to assist those suffering from particular problems, such as drug addiction.
As part of its commitment to re-balancing the custodial and care-rehabilitation functions in prisons, the Irish Prison Service has established a regimes directorate, composed of a multidisciplinary team of staff. The formation of this directorate is facilitating the adoption of a multifaceted approach to helping prisoners to develop their sense of responsibility and encouraging those attitudes and skills which will assist them to return to society with the best chance of leading law abiding and self/supporting lives after release. These services are also important in sustaining prisoners' physical and mental health, counteracting the detrimental effects of imprisonment, encouraging positive personal development from within and preparing for their integration into wider society as law abiding citizens on release from custody.
Implementing positive sentence management is a key task for the Irish Prison Service. A scoping group to examine positive sentence management was established by the Irish Prison Service in 2003 and is expected to present its report to the interim board of the Irish Prison Service in the near future. Elaboration of positive sentence management 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.
I recently announced that the capital building allocation to my Department for 2005 will facilitate the implementation of the prisons building and refurbishment programme to improve facilities for prisoners, including the elimination of the practice of slopping out, the reduction of overcrowding and the introduction of special observation cells, and to facilitate a more cost effective operation of the prison service. The introduction of videoconferencing facilities in Cloverhill Prison for certain court proceedings as well as for other purposes, such as legal consultations for prisoners, is also being pursued by the prison service.
Specifically, this allocation will enable the Irish Prison Service to commence work on the following capital projects in 2005: the construction of a new 150 capacity prisoner accommodation block at Portlaoise Prison — this block will also include new education, work training and other ancillary facilities; the building of new facilities at Limerick Prison which will provide for education, medical and other ancillary services; and the Irish Prison Service is also examining the provision of additional prisoner accommodation at Wheatfield Prison.
I announced in the past week that the Government had approved the purchase of a site at Thorntown, County Dublin, to serve as the location for a new prison complex to replace Mountjoy Prison. The purchase of this site is a major step forward in modernising prison conditions and improving facilities and detailed planning will now proceed for a public private partnership to construct the new facilities. It is also my intention to proceed with the construction of a new southern prison to replace Cork Prison.
Aengus Ó Snodaigh
Question:285 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his plans for drug law reform and to increase drug enforcement during the lifetime of the 29th Dáil. [2824/05]
View answerThe measures undertaken by the Garda Síochána to address drug trafficking and distribution centre around the issues of strategy, structures and resources. At a strategic level, the Garda Síochána is committed to rigorous enforcement of the laws on drug misuse. Each division is required to produce a divisional drug policing plan which contributes to the overall goals of the national plan, taking into account local circumstances. Responsibility for co-ordinating the drugs strategy within the policing plan is vested in the assistant commissioner, national support services, who overseas the implementation of the organisation's drug strategy.
In the context of resourcing the Garda Síochána's drug strategy, it is worth noting that it is the responsibility of each member of the Garda Síochána to enforce the laws relating to drug usage. In addition to the general resources available to address drug trafficking, the establishment of specialist Garda units, such as the Garda national drug unit, the national bureau of criminal investigation, the Criminal Assets Bureau and the Garda bureau of fraud investigation, operating under the assistant commissioner in charge of national support services has enabled the Garda Síochána to tackle serious crime effectively. These specialist units work very closely with gardaí operating at district and divisional level.
At local level, divisional and district drug units have been established with the specific remit of targeting individuals engaged in the sale and distribution of drugs to local communities. These units are supported by local resources as well as national units when required.
With regard to legislative proposals, I am considering bringing forward a number of relevant amendments to the Criminal Justice Bill, which is before the Houses. These include proposals to strengthen the provisions on the imposition of the ten-year mandatory minimum sentence for drug trafficking and the provision of new offences relating to the supply of drugs to prisoners.
Aengus Ó Snodaigh
Question:286 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his plans for Garda reform in the lifetime of the 29th Dáil, apart from the additional gardaí he has promised and the Garda Síochána Bill 2004. [2826/05]
View answerThe Garda Síochána is undergoing the most far reaching programme of reform in its history. The Garda Síochána Bill will comprehensively modernise the law governing the force. It will set out the role and objectives of the force and clarify its relationship with the Minister and Government of the day.
There will be provision for the setting of policing priorities and the establishment of performance targets. The Garda Commissioner will be required to submit a three yearly strategy statement and an annual policing plan. The commissioner will also become the Accounting Officer for the Garda Vote and an audit committee will be established to advise the commissioner on financial matters.
The Bill also makes provision for the involvement of local representatives in policing matters through the establishment of joint policing committees at local level. Provision is made too for the appointment of volunteer members to the Garda Síochána in the future, if it is decided that such an approach would be beneficial. While no decision has been taken by the Government to establish a reserve of volunteer members, it is right to lay the statutory foundation for such a reserve so that it can be set up if future circumstances warrant it.
The Bill has two other key objectives. One is to establish an independent Garda Síochána inspectorate, to promote efficiency and effectiveness in the Garda Síochána and to provide advice and support to the Minister and the Department. The other is to establish the Garda Síochána ombudsman commission to replace the Garda Síochána Complaints Board and provide a new mechanism to deal with complaints against members of the force which commands the confidence of the public and force alike.
In addition to this comprehensive set of legislative reforms, other important developments relating to the Garda Síochána are under way aimed at maximising the effectiveness and efficiency of the force. The strength of the force, already at a record high, is being further increased to 14,000. A new digital radio system for the force is being procured. A new Garda traffic corps has been established and will be developed over the next few years. Administrative functions will be outsourced where possible to free up gardaí for operational policing duties. These and many other developments will be carried forward as part of a strategy aimed at strengthening the capacity of the Garda Síochána to continue to protect and serve the public.
Aengus Ó Snodaigh
Question:287 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his plans to strengthen equality protections during the lifetime of the 29th Dáil. [2827/05]
View answerIreland has established and effective protections which provide for and promote equality in the workplace and in the provision of goods and services on nine discriminatory grounds. These grounds are gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community. The legislation underpinning this framework is the Employment Equality Act 1998 and the Equal Status Act 2000 together with the Equality Act 2004 which recently amended and extended the provisions of these Acts.
To ensure the implementation of these protections and provide easy access to redress in cases of discrimination or victimisation, the legislation also provided for the establishment of the Equality Authority and the Equality Tribunal. The Equality Act 2004 gave effect to more recent developments at European Union level in the area of equality protection, that is, the race directive — 2000/43/EC, the framework employment directive — 2000/78/EC — and the gender employment equality directive — 2002/73/EC.
While these directives are less comprehensive in approach than is the case under the Irish equality framework, the Equality Act amended the Employment Equality and Equal Status Acts in a way which ensures their broadest possible application across all nine grounds. In addition, the opportunity was taken in the Act of 2004 to introduce a number of technical improvements, including the significant development of transferring the jurisdiction in discriminatory dismissal cases from the Labour Court to the Equality Tribunal. This will provide additional cohesion in the hearing of claims for redress under the Employment Equality Act.
Council Directive 2004/113/EC of 13 December 2004, implementing the principle of equal treatment between men and women in the access to and supply of goods and services, outlaws sex discrimination in the provision of goods and services, including the provision of insurance and related financial services. The directive provides also that member states may permit insurance companies to treat men and women differently when it comes to premiums and benefits if gender is a decisive factor in assessing risk, for example, in motor insurance. Member states must bring into force the laws, regulations and administrative provisions necessary to comply with this directive by 21 December 2007 at the latest.
Transposition of the directive into national law may require some slight amendments to the Equal Status Acts 2000 to 2004. A review of the Equal Status Acts 2000 to 2004 is to take place and should amendments to the legislation be required these will be introduced in time to meet the 21 December 2007 deadline.
As part of the commitment to strengthening equality protection during the life of the 29th Dail, the working group on equality proofing continues to work towards developing a system for the proofing of policies and services in the public sector to avoid unanticipated negative impact on any of the groups protected under the equality legislation, to ensure policy coherence and best use of resources. The primary task of the working group is to develop tools so that an efficient and effective proofing process can be applied. The working group is building on the experience of gender proofing under the national development plan, poverty proofing and the experience of the Northern Ireland authorities of their analogous processes.
During 2005, the working group is to oversee the completion of a number of equality proofing exercises on key policy initiatives. Also, the working group is to further develop the integrated proofing template created in 2004. The working group will continue to monitor research on statute based proofing systems during 2005. It is examining recent reports on section 75 in Northern Ireland — the Equality Commission for Northern Ireland's report on the implementation of the section 75 statutory duties — and an independent report entitled The Section 75 Equality Duty — An Operational Review. A report on the activities of the working group will be submitted to the steering group on Sustaining Progress shortly.
The national action plan against racism was launched on 27 January 2005. The overall aim of the plan is to provide strategic direction to combat racism and to develop a more inclusive, intercultural society in Ireland. The plan will be implemented over a four year period, 2005-08. The emphasis is on "a whole of system approach" with particular emphasis on mainstreaming intercultural issues into formulation of public policy. The plan builds on the substantial equality infrastructure which is already in place.
During 2005, officials from my Department will continue to work in the social questions working group of the European Council on the proposed recast directive on the implementation of the principles of equal opportunities and equal treatment of men and women in matters of employment and occupation. The proposal will bring together the various gender equal pay and equal treatment directives, including the gender employment equality directive of 2002, as well as key principles from relevant European Court of Justice case law and, on its adoption, will further strengthen the equality infrastructure and protections.
The Maternity Protection (Amendment) Act 2004, which was commenced on 18 October last, strengthens and improves legislative protection for employees who are pregnant or who have recently given birth. The Act provides for a number of important improvements, such as a new provision reducing the compulsory pre-confinement period of maternity leave from four weeks to two weeks; provision for attendance at ante-natal classes; provision for breastfeeding mothers who have given birth within the previous six months with an entitlement, without loss of pay, to either a reduction of working hours or breastfeeding breaks, where breastfeeding facilities are provided by the employer; provision for termination of additional maternity leave in the event of the employee's illness; provision for an employee to postpone the period of maternity leave and-or additional maternity leave in the event of the hospitalisation of the child; provision that an employee's absence from work on additional maternity leave will count for all employment rights associated with the employment, except remuneration and superannuation benefits, such as seniority and annual leave and strengthening the provisions protecting the employee's right to return to work.
The Government is also amending the Adoptive Leave Act 1995 to incorporate improvements made to the maternity protection legislation where relevant in the Adoptive Leave Bill 2004 currently before the Dail. As well as applying the relevant maternity legislative improvements to adoptive leave I have also brought forward two further enhancements which will allow adopting parents to better balance their employment and family responsibilities. These are the increase to 16 weeks in the adoptive leave entitlement attracting payment of salary or benefit from the Department of Social and Family Affairs, which was recently implemented by statutory instrument, and an important new entitlement to time off without loss of pay to attend the range of pre-adoption classes and meetings which prospective adopting parents are required to attend as part of the adoption process. The latter measure will be available to both the adopting mother and father in recognition that the adoption process requires the full participation of both parents throughout the lengthy and difficult preparation and assessment process.
The Government is also committed, as part of the Sustaining Progress partnership agreement, to strengthen parental leave rights in a new Bill which was published and initiated in Seanad Éireann on 16 December last. The Parental Leave (Amendment) Bill 2004 makes provision for the following: raising the maximum age of the eligible child from five to eight years; an increase in the maximum age of the eligible child to 16 years in the case of children with disabilities; extension of parental leave entitlements to persons acting in loco parentis in respect of an eligible child; a statutory entitlement to take the 14 weeks’ parental leave in separate blocks; strengthening the provisions protecting the right to return to work; protecting employees who exercise the right to parental leave from penalisation; the preparation of statutory codes of practice on the manner in which parental leave and force majeure leave might be taken.
The Disability Bill 2004, also before the Dáil at present, is a positive action measure designed to advance and underpin the participation of people with disabilities in Irish society. It establishes a statutory basis for assessment of individual needs, access to public buildings, services and information and the preparation of sectoral plans by key Departments to ensure access for people with disabilities is an integral part of service planning and provision. It also provides, among other protections, that public bodies be proactive in employing persons with disabilities and establishes a centre of excellence in universal design.
In addition to the legislative changes mentioned above, work has commenced on the development of a national women's strategy, which it is intended to publish before the end of 2005.
Aengus Ó Snodaigh
Question:288 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his plans to strengthen human rights protections in the State during the lifetime of the 29th Dáil. [2828/05]
View answerI regard the 1998 Good Friday Agreement, in particular the section dealing with rights, safeguards and equality of opportunity, wherein the parties affirm their commitment to the mutual respect, the civil rights and the religious liberties of everyone on the island of Ireland, as the main text with regard to this matter. I respectfully draw the attention of the Deputy to paragraphs 9 and 10 of the relevant section in the Agreement in this connection.
In so far as my areas of responsibility are concerned, and in line with the obligation in the Agreement to strengthen and underpin the constitutional protection of human rights in the State, enhanced employment and equality legislation has been enacted; a human rights commission with a wide mandate and remit has been established, along with the joint committee of the two human rights commissions, North and South, with the specific task of drawing up a human rights charter on an all-Ireland basis; and the European Convention on Human Rights has been incorporated into our law by means of the European Convention on Human Rights Act 2003. This Act contains important and far reaching provisions for all organs of the State as defined in the Act and I have no doubt that it will have a significant effect on the development of human rights protection — jurisprudentially and otherwise — in the future.
I have already made full use of the provisions of the Human Rights Commission Act 2000 to refer all legislative proposals emanating from my Department with human rights implications to the Human Rights Commission for its consideration. This is a key element in the preparation of draft legislation and it will continue to be so.
I will continue to keep under review, with a view to the preparation of legislative proposals where necessary, all aspects of the work of my Department which may give rise to human rights issues.