Michael Colreavy
Question:34. Deputy Michael Colreavy asked the Minister for Justice and Equality the date on which he plans to introduce comprehensive legislation to update the law on gambling, including betting. [39344/12]
View answerGambling Legislation
Questions (34)
Written answers
I am unable at this time to indicate a date on which the Bill providing for a new comprehensive regulatory system for gambling, including all forms of betting, will be introduced. However, I am pleased to tell the Deputy that work on the preparation of the Heads of the new Bill is at a very advanced stage in my Department and I hope to bring those Heads to Government later this term for its agreement to have a Bill drafted.
Magdalen Laundries Issues
Questions (35)
Mick Wallace
Question:35. Deputy Mick Wallace asked the Minister for Justice and Equality if he will allocate further resources to the Inter-Departmental Committee investigating State involvement with the Magdalene Laundries in order to allow it to complete its work as soon as possible; if he will begin implementing a reparation scheme for the survivors of the Magdalene Laundries; and if he will make a statement on the matter. [39287/12]
View answerWritten answers
I understand that the Inter-Departmental Committee is satisfied that it already has the necessary resources available to it to complete its task and that the allocation of further resources is not required nor would it speed up its work. While the Interim Progress Report of the Committee expressed the hope and intention that the Committee could conclude its work by mid-2012, it did point out that “If the volume of records uncovered or available resources, including personnel, vary substantially from those currently anticipated, it may be necessary to adjust this intended time-line”.
A significant level of information and documentation has already been identified by the Committee and drafting of the final report has begun. However relevant records continue to be identified and the Committee also continues to receive new submissions from representative and advocacy groups. Indeed a submission in excess of over 100 pages was only recently received from one such group. The Committee cannot be criticised for taking the time necessary to consider such material. The Chairperson is confident that a substantial final report will be presented as soon as possible and at latest before the end of this year. I am not going to pre-empt the work of the Inter-Departmental Committee by making decisions on such matters as reparation before I receive the final report.
Prisoner Diversions
Questions (36)
Michael Colreavy
Question:36. Deputy Michael Colreavy asked the Minister for Justice and Equality the number of diversions from prison to community mental health services during each year from 2006 to 2011, and to date in 2012. [39345/12]
View answerWritten answers
The Prison Inreach and Court Liaison Service (PICLS) arranged the following number of diversions to community in-patient and outpatient services from 2006 to end 2011:
|
Year |
Total Number admitted to General Psychiatric Hospitals |
Number diverted to Community Treatment facilities |
Total number of diversions |
|
2006 |
24 |
17 |
41 |
|
2007 |
35 |
36 |
71 |
|
2008 |
24 |
67 |
91 |
|
2009 |
30 |
74 |
104 |
|
2010 |
35 |
79 |
114 |
|
2011 |
32 |
100 |
132 |
|
Total (as at 31 December 2011) |
180 |
373 |
553* |
A preliminary analysis of the data available for 2012 indicates that there have been 50 diversions to all agencies to date in 2012.
* The figure of 553 shown for diversions includes 18 prisoners, who had initially diverted to the Central Mental Hospital and were subsequently diverted to local services.
Crime Prevention
Questions (37)
Bernard Durkan
Question:37. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the on-going problem of organised crime continues to be monitored and addressed; the degree to which killings associated with such criminality are deemed to have occurred in each of the past three years to date in 2012; the extent to which the perpetrators are being brought to trial and punished; if particular or specific trends have been discovered such as protectionism, racketeering, intimidation, witness and/or jury intimidation; the measures if any put in place to address these issues; and if he will make a statement on the matter. [39324/12]
View answerWritten answers
The Deputy will appreciate that organised crime, by its very nature, is constantly evolving and diversifying in both its structure and activities so as to exploit opportunities for criminal gain. Membership of organised crime gangs tends to be fluid and offences committed by members of criminal gangs may or may not be connected with an individual's membership of such gangs. Given this landscape it is not always feasible to be exact at any given time with regard to associations formed and related offences.
With regard to the statistical information sought in relation to killings, I have requested the CSO to provide the most up to date figures concerning homicide directly to the Deputy. As the Deputy will appreciate, the categorisation of killings described in his question does not form part of the classification applied in the Irish Crime Classification System operated by the Central Statistics Office. Of course, there can be no justification for any homicide and I would like to assure the Deputy that all killings, regardless of the circumstances involved, are the subject of rigorous investigation by An Garda Síochána and will continue to be so.
With regard to other matters raised by the Deputy including witness and jury intimidation, racketeering etc. I can, in general terms, say that these would be a feature of organised criminality not only in this jurisdiction but in jurisdictions world wide. However, I would again like to reiterate the continued commitment of An Garda Síochána to pro-actively target groups and individuals engaged in such criminal activity. An Garda Síochána continues to develop and implement strategies targeting criminal networks, utilising advanced analytical and intelligence methods to facilitate targeted operations to enable early intervention and prevention of organised crime.
In addition, An Garda Síochána are utilising all available legislation to target organised criminal activity including the provisions contained in the Criminal Justice (Amendment) Act 2009. I am informed by the Garda authorities that since enactment of the legislation on 23 July 2009, the legislation has been used on 175 occasions where arrests have been made relating to organised crime. Arising from these arrests two prosecutions have been secured for offences under the legislation, with a further six cases currently before the Courts. In addition, charges have also been preferred for a range of other offences including firearms offences; sale and supply of drugs and drug trafficking; violent disorder; demanding money with menaces and threats to kill.
I am satisfied that An Garda Síochána continues to devote considerable resources to the investigation of organised crime and in bringing the perpetrators before the Courts. The Commissioner and the members of An Garda Síochána have my full support in this regard.
Policing at Concerts
Questions (38)
Caoimhghín Ó Caoláin
Question:38. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the cost per Garda of policing concerts and the proportion of this that is reimbursed by concert promoters and organisers. [39337/12]
View answerWritten answers
Section 30 of the Garda Síochána Act 2005 provides the statutory basis for the Garda Commissioner to charge for police services provided at certain events, including concerts. I have been informed by the Garda authorities that the cost of providing policing for a concert is determined by the number of rostered hours and overtime hours involved. The average cost of a rostered hour is approximately €20 per hour and the average cost of an overtime hour is €31.
I am further advised that, as the policing of concerts can require a mixture of public and non-public duty, the proportion of the costs recovered from the organisers will vary from concert to concert. Overall, the Garda authorities estimate that, on average, concert organisers reimburse approximately 60% of the total cost of policing these events.
Drugs Seizures
Questions (39)
Aengus Ó Snodaigh
Question:39. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality if he will provide details of the number of drug seizures in each county for each of the years 2009, 2010, 2011 and to date in 2012; and the quantity, type and value of drug seizures involved. [39334/12]
View answerWritten answers
I wish to inform the Deputy that I have made enquiries with the Garda authorities to see if the particular information sought can be made available. I shall be in further contact with the Deputy in this regard.
Prisoner Releases
Questions (40)
Martin Ferris
Question:40. Deputy Martin Ferris asked the Minister for Justice and Equality the number of prisoners currently participating in the community return programme; and if he will make a statement on the matter. [39343/12]
View answerWritten answers
Community Return is a recently introduced initiative whereby carefully selected prisoners can be granted reviewable temporary release coupled with a requirement to do community service work such as painting, gardening or graffiti removal in a supervised group setting. The type of work involved is intended to assist the community and the scheme is involved with a large number of charitable organisations and local community groups.
The scheme, which was introduced on a pilot basis last October, is applicable to suitably assessed prisoners who are serving sentences of more than one and less than eight years. Those participating are granted renewable temporary release having served at, or after, the 50% stage of their sentence with a condition of their release to undertake supervised community service.
The following factors are taken into account in considering the suitability of a prisoner for temporary release to participate in the scheme:
- the nature and gravity of the offence to which the sentence being served by the person relates;
- the sentence concerned and any recommendation made by the Court in relation to the sentence imposed;
- the potential threat to the safety and security of the public should the person be released;
- the person's previous criminal record;
- the risk that the person might commit an offence during any period of temporary release;
- the risk of the person failing to comply with any of the conditions of temporary release;
- the extent of the prisoner's engagement with therapeutic services while in custody and the likelihood of period of temporary release enhancing his/her reintegration prospects; and
- conduct while in custody.
There have to date been 259 participants on the scheme with 82 offenders currently engaged in community service work. Over 140 offenders have already completed the programme successfully with a small percentage of prisoners returned to custody for non-compliance. The reports to date from the Community Site Supervisors have been very positive and many of the participants have been commended for their work ethic, punctuality and commitment. Initial feedback from the participants has also been positive with many commenting on the supports and structure that it gives them on their release and how it has assisted in their transition back into the community.
The Community Return Programme is but one element of the recently published Prison Service strategy which provides for a structured form of release leading to improved resettlement and reintegration opportunities for prisoners along with providing for work to the benefit of communities.
Sentencing Policy
Questions (41)
Kevin Humphreys
Question:41. Deputy Kevin Humphreys asked the Minister for Justice and Equality if he has any intentions of introducing guidelines for sentencing of criminals convicted of sexual offences and clarifying the role that compensation should pay and the influences it may have on the sentence that is imposed and the amount that should be suspended; his views on whether too much discretion is available to the sentencing judges; and if he will make a statement on the matter. [37876/12]
View answerWritten answers
Legislation relating to sexual offences usually provides for the maximum sentence to be imposed. In some cases, special provisions apply. For example, an offence by a person in authority is effectively treated as an aggravating factor in the case of certain sexual offences against children. It is the responsibility of the presiding judge to determine the sentence to be imposed in a particular case having heard all the evidence presented, and taking case law, including appeals, into account. This allows the court to weigh all the circumstances of the offence and all the relevant aggravating and mitigating factors.
Section 6 of the Criminal Justice Act 1993 provides for the making of a compensation order (on application or otherwise) against a convicted person by the court instead of or in addition to dealing with the person in any other way, unless it sees reason to the contrary. The Director of Public Prosecutions can appeal against a sentence imposed if she believes it to be unduly lenient. The Government is committed to a strategic review of penal policy, including sentencing, and I expect this review to get underway shortly.
In addition, the Law Reform Commission is reviewing the law on mandatory sentences and published a consultation paper in January this year. The Commission invited submissions on its consultation paper from interested parties and will publish its final report in due course. I will await the outcome of both these reviews and consider the recommendations made before taking any further action regarding the law on sentencing.