Written Answers Nos. 166-173
166. Deputy Brendan Griffin asked the Minister for Justice and Equality his plans in relation to the introduction of the gaming Bill; the matters that will be dealt with in the Bill; and if he will make a statement on the matter. [39566/12]
View answerThe Deputy may recall my announcement in September 2011 that the Government had approved my proposals for new legislation on the regulation of gambling. Work has been underway in my Department since then on the preparation of the Heads of a Bill. I expect I will be in a position to bring the Heads to Government later this term for its approval and agreement to proceed to formal drafting.
The proposed new legislation will establish a new and comprehensive regulatory system for both betting and gaming under the collective term 'gambling'. The Deputy might wish to note that gaming includes lotteries other than the National Lottery. The new system will replace the arrangements currently in place under the Betting Act 1931 and the Gaming and Lotteries Act 1956; both Acts, as amended, are to be repealed by the new legislation. The Bill will, for the first time, set up a licensing system for small to medium sized casinos. It will also cover all forms of remote gambling, including gambling by telephone or on-line.
I have prioritised the need for effective safeguards and as a result the new legislation will contain numerous measures to protect consumers, in particular those persons who are vulnerable because they are young or have addiction or other difficulties. In line with the Government's decision, all regulatory functions, including licensing and compliance activities, will be brought together under the Minister for Justice and Equality.
I believe we now have an opportunity to frame a regulatory system appropriate to modern circumstances and it is clear to me that this opportunity should be used to maximum effect. I will therefore be open to proposals that will improve on the Heads and will be proposing to the Government that the Heads should be made available on my Department's website when they have been approved and while drafting is under way. This will allow interested parties to learn about the Government's overall position. It will also enable them to draw attention to issues that may need further consideration before a Bill is finalised.
167. Deputy Michael McGrath asked the Minister for Justice and Equality if he will arrange the issue of a certificate to a person (details supplied) in County Cork. [39568/12]
View answerPeace Commissioners are appointed under section 88 of the Courts of Justice Act, 1924. On the date of their appointment, Peace Commissioners are issued with a Warrant of Appointment which is signed and sealed by the Minister for Justice and Equality. As such Warrants are considered to be a unique document, it is not the practice to issue copies or replace those which have been lost or otherwise mislaid. In this case I have instructed my officials to write to the individual concerned to confirm his appointment to the Office of Peace Commissioner and to explain the situation regarding replacement documents.
168. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the effect of motoring offences on an application for naturalisation including minor parking offences; if such offences permanently act as a barrier to securing naturalisation in the long term; and if he will make a statement on the matter. [39571/12]
View answerThe Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. One such condition is that I must be satisfied that the applicant is of good character.
In relation to the good character requirement, a background check is carried out by the Garda National Immigration Bureau in respect of all applicants. Where an applicant has come to the attention of the Gardaí, a report is referred to INIS, and the details of that report are considered in full. It would be neither possible nor appropriate for me to indicate how specific offences will be considered in any future application as each case is considered by me on its individual merits and while it is neither possible or appropriate given the wide range of possibilities to be more specific, normally a very minor motoring offence of itself would not lead to a refusal on character grounds. In relation to more serious motoring offences, clearly, the longer the period of time during which no further offences occur the better the prospects of a positive decision in a future application.
169. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of gardaí by rank who have retired to date in 2012; the number of gardaí by rank who have applied to retire before the end of 2012; and if he will make a statement on the matter. [39572/12]
View answerI am informed by the Garda authorities that the number of Gardaí, by rank, who have left the force this year up to 31 August and who have declared their intention to leave from 1 September to 31 December is as set out in the table:
|
2012 |
Com |
D/Com |
A/Com |
C/Supt |
Supt |
Insp |
Sgt |
Gda |
Total |
|
Jan |
1 |
3 |
6 |
27 |
37 |
||||
|
Feb |
1 |
5 |
14 |
12 |
66 |
131 |
229 |
||
|
Mar |
3 |
10 |
13 |
||||||
|
April |
2 |
8 |
10 |
||||||
|
May |
3 |
9 |
12 |
||||||
|
June |
1 |
2 |
3 |
10 |
16 |
||||
|
July |
2 |
3 |
14 |
19 |
|||||
|
Aug |
1 |
5 |
10 |
16 |
|||||
|
Sept |
1 |
1 |
6 |
14 |
22 |
||||
|
Oct |
6 |
14 |
20 |
||||||
|
Nov |
1 |
4 |
5 |
||||||
|
Dec |
2 |
2 |
|||||||
|
Total |
0 |
0 |
1 |
5 |
17 |
21 |
104 |
253 |
401 |
It should be noted that this figure includes 26 members who are no longer in the force for reasons other than retirement.
170. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on Garda Operation Pier; the number of persons arrested and charged to date; the number of successful convictions obtained to date; if this operation is still active; and if he will make a statement on the matter. [39573/12]
View answerThe Garda authorities have in place a range of measures designed to address problems of anti-social behaviour and crime in Dublin city centre. Incidents of public disorder and other anti-social behaviour are dealt with by way of juvenile or adult caution, fixed charge penalty notice or by initiating criminal proceedings.
Operation Pier commenced in 2008 within the Pearse Street Garda Sub-District and was set up in response to complaints of anti-social behaviour in the south quays area of Dublin City Centre. The operation involved the designation of certain areas as "hotspots" for such anti-social behaviour and the provision of additional high visibility patrols, including regular patrols by uniform and plain clothes units, including the Community Policing and Garda Mountain Bike Units and local Detective and Drug Unit personnel.
While the specific operation referred to by the Deputy is not currently active, local Garda management continue to take targeted measures to deal with the types of behaviour in question and monitor the allocation of resources in the context of crime trends, policing needs and other operational strategies in place, working closely with business and other organisations based in the area. I can assure the Deputy that I am in regular contact with the Garda Commissioner on all aspects of policing in the city centre with a view to ensuring that the streets are safe for all.
The information in relation to the number of arrests, charges and convictions under Operation Pier is not readily available and would require a disproportionate amount of Garda time and resources to compile.
172. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which trafficking in women, children and juveniles has been identified throughout the country over the past five years on an annual basis, affecting both the national and non-national population; if any particular statistics have arisen which might require specific attention; and if he will make a statement on the matter. [39589/12]
View answerAs the Criminal Law (Human Trafficking) Act 2008 came into effect on 7 June 2008, there are no recorded figures for victims of human trafficking prior to this date. Between 7 June and 31 December 2008, 36 alleged victims of human trafficking were encountered by An Garda Síochána. No further breakdown of the 2008 figures is available.
On 1 January 2009, the Anti-Human Trafficking Unit of my Department initiated a data collection strategy for the purpose of gaining a more in-depth understanding of the nature and extent of human trafficking in Ireland. To date, annual reports for 2009, 2010 and 2011 have been published and are available from Ireland’s dedicated anti-human trafficking website, www.blueblindfold.gov.ie , in addition to my Department’s website. The demographic information regarding reported human trafficking for the years 2009, 2010 and 2011 is set out as follows.
Table: 2009
|
Gender |
Irish nationals |
Foreign nationals |
|
Adult female |
0 |
46 |
|
Adult male |
0 |
3 |
|
Child female |
0 |
11 |
|
Child male |
0 |
6 |
|
Total |
0 |
66 |
2010
|
Gender |
Irish nationals |
Foreign nationals |
|
Adult female |
0 |
48 |
|
Adult male |
0 |
11 |
|
Child female |
2 |
11 |
|
Child male |
4 |
2 |
|
Total |
6 |
72 |
2011
|
Gender |
Irish nationals |
Foreign nationals |
|
Adult female |
0 |
39 |
|
Adult male |
0 |
5 |
|
Child female |
4 |
5 |
|
Child male |
2 |
2 |
|
Total |
6 |
51 |
173. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prosecutions taken in respect of the trafficking of women, children and or juveniles in each of the past five years to date; the outcome of such prosecutions; and if he will make a statement on the matter. [39590/12]
View answerThe Criminal Law (Human Trafficking) Act 2008 came into effect on 7th June 2008 and an Anti-Human Trafficking Unit was also established in my Department in that year. On 1 January 2009, the Anti-Human Trafficking Unit of my Department initiated a data collection strategy for the purpose of gaining a more in-depth understanding of the nature and extent of human trafficking in Ireland. To date, annual reports for 2009, 2010 and 2011 have been published and are available from Ireland’s dedicated anti-human trafficking website, www.blueblindfold.gov.ie, in addition to my Department’s website.
These Annual Reports outline the number of convictions in each year in respect of offences under the Criminal Law (Human Trafficking) Act 2008 and in respect of convictions for other offences related to human trafficking. It is important to note that convictions occurring in any calendar year may be the result of prosecutions initiated in previous calendar years. For the purpose of clarity the convictions recorded, as outlined in these Annual Reports, for the period 2009 to 2012 are set out in the following table.
|
Year |
Act |
Accused |
Charges |
Sentence |
|
2009 |
Child Trafficking and Pornography Act, 1998 and Common Law Offences |
Adult male |
Possession of Child Pornography. Soliciting another to commit an offence contrary to Section 3 of the Child Trafficking Act 1998 (Child Trafficking and taking etc. child for sexual exploitation) |
6 years imprisonment. |
|
2009/10 |
Child Trafficking and Pornography Act, 1998 |
Adult male |
Incitement to traffick a minor for sexual exploitation and incitement to the possession of child pornography. |
6 years imprisonment and Post Release Supervision Order for 20 years. |
|
2010 |
Criminal Law (Human Trafficking) Act, 2008 |
Adult male |
Recruitment and trafficking of a minor. |
3 years imprisonment (suspended). Placed on the Sex Offenders Register for 5 years and entered into a bond to be of good behaviour for a period of 3 years. |
|
2010 |
Child Trafficking and Pornography Act, 1998 |
Adult male |
Sexual exploitation of a child. |
Eight month imprisonment (suspended). |
|
2010 |
Child Trafficking and Pornography Act, 1998 Criminal Law (Rape)(Amendment) Act, 1990 |
Adult male |
Recruitment and trafficking of a minor for sexual exploitation and production of child pornography. |
10 years imprisonment. Placed on Sex Offenders Register for life. Post Release Supervision Order for 15 years. |
|
2011 |
Criminal Law (Human Trafficking) Act, 2008 |
Adult male |
Recruitment and trafficking of a minor for sexual exploitation. |
3 years imprisonment |
|
2011 |
Child Trafficking and Pornography Act, 1998 [see end note} |
Adult female |
Controlling and sexually exploiting a minor for the purposes of prostitution. |
4 years imprisonment (final two years suspended). |
|
2011 |
Child Trafficking & Pornography Act, 1998 |
Adult male |
Controlling and sexually exploiting of a minor for the purposes of creating child pornography. |
Fine of €100. |
|
2011 |
Criminal Law (Sexual Offences) Act, 1993 |
Adult male |
Controlling/organising prostitution (female adult victim) |
2½ years imprisonment (final fifteen months suspended). |
|
2012 |
Criminal Law (Human Trafficking) Act, 2008 |
Adult female |
Controlling and sexually exploiting a minor for the purpose of creating child pornography. |
3 years imprisonment |
|
2012 |
Illegal Immigrants (Trafficking) Act, 2000 Criminal Law (Sexual Offences) Act, 1993 |
Adult Female |
Trafficking of a female minor illegal immigrant and controlling/directing prostitution |
3 years imprisonment |
Note: As amended by Section 6 of the Criminal Law (Sexual Offences) Amendment Act 2007 as substituted by Section 3(2) of the Criminal Law (Human Trafficking) Act 2008.
In addition, in 2009, as a result of interstate cooperation between the Romanian and Irish authorities, 3 persons were prosecuted in Romania for trafficking related offences committed in Ireland. This resulted in convictions and sentencing of the three individuals to periods of imprisonment of seven years, five years and five years.
Seven further prosecutions relating to human trafficking have been initiated in 2012. Prosecutions under Section 3 of the Criminal Law (Human Trafficking) Act 2008 are being taken in all seven cases and prosecutions under Section 2 of the Criminal Law (Rape) Amendment Act 1990 are additionally being taken in two of the cases. All seven prosecutions involve victims who are children.
