Tuesday, 2 Oct 2012

Written Answers Nos 415-434

Garda Investigations

Questions (415, 416)

Thomas P. Broughan

Question:

415. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide an update on Operation Clean Tram; the number of persons detected during the operation for anti-social activity, fare evasion, loitering, and misuse of alcohol on public transport; if any have been arrested and charged to date on foot of the operation; his plans to repeat this operation on an ongoing basis; and if he will make a statement on the matter. [41378/12]

Thomas P. Broughan

Question:

416. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide an update on Operation Clean Tram; his plans to repeat this operation on an ongoing basis; and if he will make a statement on the matter. [41379/12]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 415 and 416 together.

An Garda Síochána has in place a range of measures to counter various forms of anti-social behaviour and related crime in the Dublin City area. In this regard, the Gardaí engage pro-actively with a range of stakeholders, including transport operators, to ensure that appropriate responses are developed to tackle the issues referred to by the Deputy. I have requested an update on the specific operation referred to by the Deputy and I will contact him directly when I have received a report from the Garda authorities.

Departmental Staff Allowances

Questions (417)

Michael Creed

Question:

417. Deputy Michael Creed asked the Minister for Justice and Equality if he will publish details of all allowances paid to staff in his Department; the business case made by his Department in respect of these allowances to the Department of Public Expenditure and Reform; the cost of each individual allowance; and if he will make a statement on the matter. [41417/12]

Written answers

Minister for Justice and Equality

A copy of the business cases submitted by all Departments and Offices in the context of the review of public sector allowances by the Department of Public Expenditure & Reform has been published by that Department on their website www.per.gov.ie. Pages 4 -17 of the published Justice Sector document refer to the allowances details sought by the Deputy.

Details of the rates and cost of these allowances are set out below.

Name of Allowance	Rate of allowance	Number of Recipients#	Approximate annual cost *
Forensic Science General allowance	Rates vary Range €2,373 - €6,245 per annum	60	€236,300
Forensic Science On-call allowance	€2,728 Modified/€2,874 PPC per annum	22	€56,300
State Pathologists call-out allowance	Rate varies per call-out type Maximum annual limit per person €22,304	3	€62,200
Private Security Authority Inspector allowance	€8,484 Modified/€8,930 PPC per annum	4	€34,300
Irish Prison Service Operations on-call allowance	Fixed annual amount divided between number of officers carrying out the on-call duty	5	€18,100
Irish Prison Service Press Officer allowance	Fixed annual rate	1	€5,900
Irish Prison Service Out of hours ICT allowance	Hourly rates: Weekdays €2.74 Saturdays €3.19 Sundays €3.64	5	€19,250

# The number of recipients based on 2011 may have varied throughout the year.

* Annual cost based on 2011 may include payment of arrears due in respect of previous years.

Garda Stations Closures

Questions (418)

Pádraig MacLochlainn

Question:

418. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his plans for a Garda station (details supplied) in County Limerick; if this Garda station will remain open for the next five years; if he will confirm that its resources will not be reduced; and if he will make a statement on the matter. [41427/12]

Written answers

Minister for Justice and Equality

The Garda Commissioner is currently engaged in an assessment of the potential for improved efficiencies in the structure and organisation of the Garda Síochána as part of the preparation of the draft policing plan for 2013, which under the Garda Síochána Act 2005 is due to be submitted to me by the end of October this year. While I expect that the policing plan for 2013 will contain proposals for the further rationalisation of Garda stations and Districts, it would be premature, in advance of its submission, to speculate on specific measures which it might contain.

Crime Data

Questions (419)

Niall Collins

Question:

419. Deputy Niall Collins asked the Minister for Justice and Equality the number of violent shootings that have occurred in the State in the years 2009, 2010, 2011 and to date in 2012; and the locations of same. [41433/12]

Written answers

Minister for Justice and Equality

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy.

Garda Transport Expenditure

Questions (420)

Seán Kenny

Question:

420. Deputy Seán Kenny asked the Minister for Justice and Equality if he plans to purchase additional Garda community relations vans; and if he will make a statement on the matter. [41502/12]

Written answers

Minister for Justice and Equality

The provision and allocation of Garda resources, including transport, is a matter for the Garda Commissioner in the context of his identified operational requirements. I am advised by the Garda authorities that the existing complement of community relations vans is considered adequate to meet policing demands and, accordingly, they currently have no proposals to purchase additional vans for that purpose.

Criminal Prosecutions Data

Questions (421)

Seán Kenny

Question:

421. Deputy Seán Kenny asked the Minister for Justice and Equality the number of pubs and supermarkets in the Dublin region that have been fined for serving alcohol to persons aged under 18 in 2010 and 2011; the average fines handed down; and if he will make a statement on the matter. [41503/12]

Written answers

Minister for Justice and Equality

The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in the performance of its functions including the provision of statistics. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that, based on the information available, of the nine prosecutions taken in 2010 under Section 31(1) & (3) of the Intoxicating Liquor Act 1988 as amended by Section 14 & 25 of the Intoxicating Liquor Act 2000, there was one conviction in respect of which a fine of €300 was imposed. I am informed that there was one case prosecuted under this provision in 2011 which did not result in a conviction.

Personal Insolvency Act

Questions (422)

Simon Harris

Question:

422. Deputy Simon Harris asked the Minister for Justice and Equality the implications that he envisages the personal insolvency legislation will have for persons who have act as co-guarantor on mortgages; the assistance, if any, the State will provide to persons who find themselves in difficulty with a mortgage in which they are co-guarantor; and if he will make a statement on the matter. [41565/12]

Written answers

Minister for Justice and Equality

The normal legal position in bankruptcy and corporate insolvency is that a person who agrees to guarantee, in whole or in part, the financial obligations of another person is liable, in the event of default or some other specified event, to be required to make good those obligations. This would apply to mortgage finance as to other forms of finance and it may well have been a key basis for the advance of the loan in the first instance. My understanding is that this is also the normal position in other comparable legal systems so that the insolvency procedure and any discharge of debt has no alleviating effect on the liability of the guarantor to the creditor.

This position under existing Irish law and internationally, is reflected in the Personal Insolvency Bill 2012 as currently drafted. A debtor’s entering into one of the new debt resolution processes does not prejudice the legal right of a creditor to seek payment from the guarantor under the guarantee. However, I am conscious of the difficulties which can arise with respect to guarantees in the context of insolvency processes, for all parties concerned and so I will give this matter consideration as work progresses on the Bill. However, I am sure that the Deputy will agree that this is a complex matter.

In relation to the query as to State assistance, if the Deputy is enquiring as to whether some form of assistance, financial or otherwise, might be provided for guarantors, such as family members and others close to an insolvent debtor, who are affected by the debtor’s financial difficulties because they have personally guaranteed the loan of the debtor, I do not believe that such a proposition arises for the State.

Visa Applications

Questions (423)

Jim Daly

Question:

423. Deputy Jim Daly asked the Minister for Justice and Equality the position regarding a visa application in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [41819/12]

Written answers

Minister for Justice and Equality

I wish to inform the Deputy that a decision has issued in respect of the visa application referred to and the applicant has been advised of same. The visa application was submitted to the Consulate of Ireland in Bangkok and was subsequently forwarded to the Visa Office in Dublin for processing. A decision was made on the application on 27 September, 2012.

While applicants are advised to make their visa application at least eight weeks in advance of the proposed date of travel, it should be borne in mind that the time frame of eight weeks acts as a guideline only. While the majority of applications are dealt with within that period, the actual time frame for decision is ultimately dependent on a number of factors, including the number of applications on hand and the resources available to process them.

Queries in relation to the status of individual immigration cases may be directed to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Proposed Legislation

Questions (424)

Aodhán Ó Ríordáin

Question:

424. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will outline the timeframe for the implementation of the EU directive on parental leave; if he will confirm that legislation to implement said directive will be in place by 2013; if he will provide Dáil Éireann with a complete outline on what the legislation will propose; and if he will make a statement on the matter. [41847/12]

Written answers

Minister for Justice and Equality

As I have indicated previously, my Department has prepared proposals for legislation to transpose fully the revised Parental Leave Directive within the applicable timeframe. These proposals will shortly be presented to Government and form part of the Family Leave Bill which will also consolidate the existing maternity, adoptive, parental and carer's leave acts into one Act.

Asylum Applications

Questions (425)

Pearse Doherty

Question:

425. Deputy Pearse Doherty asked the Minister for Justice and Equality if he will reconsider the decision to deport a person (details supplied) and to consider whether this person should be provided with subsidiary protection. [41886/12]

Written answers

Minister for Justice and Equality

Following the refusal of this individual's application for a declaration as a refugee, he made an application for subsidiary protection. This was considered and refused. His case was then examined under the provisions of Section 3 of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted by or on behalf of the individual concerned were considered in full. Following consideration of those representations, a Deportation Order was made against the individual concerned. A copy of the decision, together with the detailed submissions made under Section 3 of the Immigration Act 1999 (as amended) were issued to the individual concerned and copied to his legal representative.

I am satisfied that the application for asylum made by the person concerned was fairly and comprehensively examined before a decision to refuse it was arrived at. I am equally satisfied that the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended), together with all refoulement issues, were given the fullest consideration before his Deportation Order was made. This being the case, the decision to deport him is justified.

However, if new information or circumstances have come to light, which have a direct bearing on his case and which have arisen since the original decision to affirm the Deportation Order was made, there remains the option of applying to me for revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Garda Stations Opening Hours

Questions (426)

Mary Lou McDonald

Question:

426. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if his attention has been drawn to the fact that the public desk at Cabra Garda Station, Dublin, is closed each night, that citizens contacting the station are routinely told there is no patrol car available and Gardaí from Finglas, are being used in Cabra to respond to calls; the measures he will put in place to deal with this shortfall in service delivery arising from his decision to reduce local Garda services. [41896/12]

Written answers

Minister for Justice and Equality

Changes to the opening hours of Cabra Garda Station were announced last November in the 2012 Policing Plan submitted by the Commissioner and lodged by me in both Houses of the Oireachtas. It is important to remember that while the Garda station in question has reduced opening hours to the public, it remains as a functioning Garda station on a 24-hour basis. It is also important to note that the closure of the public counter, at night time, in this and other stations, has freed up Gardai for operational duty in the areas concerned.

The Deputy will be aware that the Garda Commissioner is responsible for the detailed allocation of all resources, including personnel and transport, throughout the organisation and I have no direct function in the matter. This allocation of resources is constantly monitored in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level. The objective is to provide the most effective policing service possible, within available resources, across the country, including in the area referred to by the Deputy.

Garda Investigations

Questions (427)

Catherine Murphy

Question:

427. Deputy Catherine Murphy asked the Minister for Justice and Equality if his attention has been drawn to an allegation of anti-Semitic intimidation which was conducted on Twitter (details supplied) and has generated huge interest internationally; the steps, if any, the Gardaí have taken to deal with those allegations when the person in question raised the matters with them; his views on whether the Gardaí investigated the allegations thoroughly; if any new legislation is planned to address the growing problem of online abuse, bullying and harassment which is frequently conducted through social media; and if he will make a statement on the matter. [41899/12]

Written answers

Minister for Justice and Equality

I am familiar with reports referred to by the Deputy. An Garda Síochána investigates as appropriate all allegations of harassment or other criminality which may be reported to them. I have requested a report from the Garda Commissioner in relation to the particular circumstances referred to by the Deputy and I will contact the Deputy directly when the report is to hand.

Naturalisation Applications

Questions (428)

Bernard Durkan

Question:

428. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if Stamp 4 will be granted in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [41900/12]

Written answers

Minister for Justice and Equality

I refer the Deputy to my reply to Dáil Question No. 178 of 20th September, 2012 (extract below). The position remains as outlined in that reply.

"I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person in question arrived in the State on 16th April, 2005 and was registered as a student from 9th July 2005 to 29th August 2012. The person referred to by the Deputy has not made any application to INIS to upgrade his status to stamp 4."

The person should be advised to apply to the General Immigration Division, Irish Naturalisation and Immigration Service (INIS), 13/14 Burgh Quay, Dublin 2.

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Crime Levels

Questions (429, 430, 431, 432)

Dominic Hannigan

Question:

429. Deputy Dominic Hannigan asked the Minister for Justice and Equality the steps the Gardaí are taking to reduce crime in an area (details supplied) in County Meath; and if he will make a statement on the matter. [41910/12]

Dominic Hannigan

Question:

430. Deputy Dominic Hannigan asked the Minister for Justice and Equality the number of arrests that have been made in an area (details supplied) in County Meath in the past two years; and if he will make a statement on the matter. [41911/12]

Dominic Hannigan

Question:

431. Deputy Dominic Hannigan asked the Minister for Justice and Equality the steps the Gardaí are taking in an area (details supplied) to reduce crime; and if he will make a statement on the matter. [41912/12]

Dominic Hannigan

Question:

432. Deputy Dominic Hannigan asked the Minister for Justice and Equality the number of arrests that have been made in an area (details supplied) in the past two years; and if he will make a statement on the matter. [41913/12]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 429 to 432, inclusive, together.

I am informed by the Garda authorities that the areas referred to are within the Dunshaughlin Garda Sub-District, which forms part of the Ashbourne Garda District. I am further informed that both areas are subject to regular patrols by local uniformed personnel, augmented by uniformed and plain clothes units from the District Headquarters in Ashbourne, together with the Divisional Traffic Unit and the Regional Support Unit as required.

Local Garda management closely monitors such patrols, and other operational strategies in place, in conjunction with crime trends and policing needs of the communities in these areas to ensure optimum use is made of Garda resources to provide the best possible Garda service to the public. While the situation is being kept under review, Garda management is satisfied that a full and comprehensive policing service is being delivered to the communities in the areas concerned and that the current structures in place deliver an effective and efficient policing service.

The Deputy be aware that the Garda Commissioner has put Operation Fiacla in place in order to address incidents of burglary, aggravated burglaries and related offences throughout the country. Operation Fiacla is intelligence driven and specific burglary initiatives have been implemented in each Garda Region to target suspect offenders. I am informed that over 1,700 persons have been arrested and that almost 1,000 persons have been charged in the first six months of the Operation, reflecting the substantial efforts being made by the Gardaí to tackle those involved in burglary and property crimes.

An Garda Síochána also places great emphasis on the importance of the partnership between An Garda Síochána and the community in preventing and detecting crime, and maintaining a safe environment for everyone. An Garda Síochána continues to invest time and energy in these partnerships and relationships to the benefit of all. In this regard, last week the Garda Commissioner launched the second national public awareness week this year under the 'Garda Supporting Safer Communities Campaign’. This important campaign highlights a range of key issues, in particular burglary prevention. The primary objective of this Garda Community Safety Campaign is to engage with, and raise awareness within communities of initiatives aimed at preventing crime, reducing the fear of crime and promoting community safety.

Insofar as the number of arrests made in the specific areas referred to are concerned, I am informed that this would require a disproportionate expenditure of Garda time and resources to compile due to the fact that persons arrested in these areas will, in general, be brought to either Navan or Ashbourne Garda Stations, which are both District Headquarters and have full custody facilities. Separate figures for the numbers arrested in the specific areas referred to by the Deputy are not readily available.

Illicit Trade in Tobacco

Questions (433)

Michael Healy-Rae

Question:

433. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his proposals to deal with the illegal smuggling of cigarettes; and if he will make a statement on the matter. [41915/12]

Written answers

Minister for Justice and Equality

The issue raised by the Deputy is primarily a matter for the Revenue Commissioners and the Department of Finance. It is the Revenue Commissioners who are responsible for tackling the illicit trade in cigarettes and tobacco products and they have advised as follows. Revenue has adopted a comprehensive tobacco strategy which is published on Revenue’s website www.revenue.ie. The strategy includes a number of programmes, which are designed to complement each other in targeting the supply and demand sides of the market for contraband tobacco in Ireland. Key elements include developing and sharing intelligence on a national, EU and international basis, development of analytics and detection technologies, and ensuring optimum deployment of resources at point of importation and within the country, in order to intercept the contraband product and to prosecute those involved.

With regard to the level of penalties for illicit importation and sale of tobacco products, the threat to tax revenues from criminal activity in the cigarette market is viewed very seriously, and substantially increased penalties were introduced in the Finance Act 2010 as a deterrent. The penalties for the smuggling of tobacco products are contained in Section 119 of the Finance Act 2001 as amended and the penalties for the illegal sale of unstamped tobacco products are contained in section 78 of the Finance Act 2005, as amended. In 2012 to date a total of 81.1m cigarettes with a retail value of €36.6m and 3,338kgs of tobacco with a retail value of €1.2m have been seized by Revenue. In addition, 41 convictions were secured for cigarette smuggling and a further 52 convictions were secured for illegal selling of unstamped tobacco products.

Strategy on Domestic, Sexual and Gender-Based Violence

Questions (434)

Pádraig MacLochlainn

Question:

434. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his plans to fund bystander programmes aimed at helping participants to learn to detect the risk of sexual violence in social contexts, to challenge sexist attitudes and behaviours, to intervene safely in potentially dangerous situations, and to provide support to friends who are being or have been victimised; and if he will make a statement on the matter. [41916/12]

Written answers

Minister for Justice and Equality

One of the objectives of the National Strategy on Domestic, Sexual and Gender-based Violence 2010-2014 is to increase understanding and recognition of these forms of violence in Ireland throughout society and also within specific audiences, such as health care professionals, the justice sector, the education sector, particularly at second and third level, and among young people generally.

Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, operates an awareness raising grant scheme which provides funding for local awareness raising campaigns that increase understanding and recognition of domestic, sexual and gender-based violence. This year Cosc has provided grants totalling €241,820 to 59 successful applicants throughout the country. In 2011 €298,153 was granted to 58 different groups from the scheme. Guidelines devised by Cosc in 2011 in relation to the grant scheme aim to encourage a shift from a focus on activities only relating to the victim to an inclusion of a focus on the perpetrator and bystander whilst also ensuring that information on support services continues to be made available to victims/survivors.

The bystander approach aims to both engage individual members of society in challenging the social norms that allow sexual and domestic violence to occur and to encourage individuals to assist victims of such violence rather than isolating them. One example of this approach has been a partnership between the Union of Students of Ireland and Cosc over the last two years to increase awareness of domestic and sexual violence among students attending third level institutions. The purpose of this campaign was to make students as bystanders more aware of intimate partner violence in the college setting and to intervene where relevant. There have been three stages to date in this work: an awareness raising art work competition, distribution of colourful wristbands with a slogan and website details for more information, and the circulation of a free postcard, visually based on the winning piece from the art competition, containing information about abusive relationships and the helplines to contact. The theme of the campaign could be summarised by one of the slogans used "If you see something, say something".