Written Answers Nos. 200-208
202. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of requests for early, casual, day or other forms of release received by the prison authorities in each of the prisons throughout the country in each of the past two years to date in 2012; the number of such applications approved and or refused in each year; and if he will make a statement on the matter. [46805/12]
View answerThe Deputy will be aware from my reply to question No 315 for written answer on 8th May 2012 that the information requested by him regarding the number of temporary release applications by prisoners for early, casual, day or other forms of release prior to March 2012 has not been readily available and would require a manual examination of records. Such an examination would require a disproportionate and inordinate amount of staff time and effort and can not be justified in current circumstances where there are other significant demands on resources.
However, I can inform the Deputy that the Irish Prison Service introduced a new Prisoner Information Management System (PIMS) on 03 March, 2012 and it is therefore possible to provide the information requested from 03 March, 2012 to date. This information is set out in the table attached. Any decisions which have been 'deferred' are awaiting further information to support the application. The figures regarding temporary release - AM/PM also include cases where they are accompanied by staff to appointments or are working on the grounds of a prison campus under supervision. It is not possible to breakdown this category into those under supervision and those out on temporary release unaccompanied.
The figures regarding temporary release - reviewable, include prisoners who have been granted reviewable temporary release and who return to the prison on a weekly basis for a new decision on a further week of temporary release. These would mostly account for the number of applications pending decision.
The Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003 provides that sentenced prisoners may be approved temporary release whether it be for a few hours or a more extended period,. The Act sets out the circumstances when temporary release may be provided and what matters must be taken into account.
Candidates for temporary release are identified by a number of different means but primarily on the recommendation of the Prison Governor or the therapeutic services in the prisons. The prisoner, their family or their legal representative can also apply for consideration of such a concession. Recommendations are also made to me in relation to long term sentence prisoners by the Parole Board. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation is to that effect. Before a final determination a number of factors may be taken into account including:
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 period of the sentence served by the person
the potential threat to the safety and security of the public should the person be released
the person's previous criminal record
the risk of the person failing to return to prison at the expiration of the period of temporary release
the conduct of the person while in custody or while previously on temporary release
any report or recommendation made by the Governor, the Garda Síochána, a Probation & Welfare Officer, or any other person whom the Minister considers may be of assistance in coming to a decision as to whether to grant temporary release
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 likelihood that a period of temporary release might accelerate the person's reintegration into society or improve his prospects of obtaining employment.
Temporary release assists in gradually preparing suitable offenders for release and in administering short sentences, and is an incentive to prisoners. It is an important vehicle for re-integrating an offender into the community in a planned way. The generally accepted view is that the risk to the community is reduced by planned re-integration of offenders compared with their return to the community on the completion of their full sentence. Each application for temporary release for whatever reason, including those referred to in your question, is examined on its own merits and the safety of the public is paramount when decisions are made.
In addition, all releases are subject to conditions, which in the vast majority of cases include a requirement to report on a daily basis to the offender's Garda Station. Of course, any offender who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí or maybe refused another period of reviewable temporary release.
Temporary Release Application/Decisions by Establishment From 3rd March 2012 to 23rd October 2012 inclusive.
|
Establishment Name |
TR Type |
Total Applications |
Approved |
Rejected |
Deferred |
Pending Decision |
|
Arbour Hill Prison |
Temporary Release - AM-PM |
134 |
81 |
49 |
0 |
4 |
|
Temporary Release - Date-Date |
15 |
10 |
5 |
0 |
0 |
|
|
Temporary Release - Full TR |
10 |
5 |
4 |
1 |
0 |
|
|
Temporary Release - Reviewable |
20 |
18 |
0 |
0 |
2 |
|
|
179 |
114 |
58 |
1 |
6 |
||
|
Castlerea Prison |
Temporary Release - AM-PM |
92 |
48 |
37 |
1 |
6 |
|
Temporary Release - Date-Date |
12 |
6 |
4 |
0 |
2 |
|
|
Temporary Release - Full TR |
690 |
543 |
126 |
1 |
20 |
|
|
Temporary Release - Reviewable |
900 |
685 |
185 |
3 |
27 |
|
|
1,694 |
1,282 |
352 |
5 |
55 |
||
|
Cloverhill Remand Prison |
Temporary Release - AM-PM |
92 |
30 |
57 |
0 |
5 |
|
Temporary Release - Date-Date |
19 |
13 |
6 |
0 |
0 |
|
|
Temporary Release - Full TR |
203 |
86 |
111 |
2 |
4 |
|
|
Temporary Release - Reviewable |
427 |
168 |
247 |
0 |
12 |
|
|
741 |
297 |
421 |
2 |
21 |
||
|
Cork Prison |
Temporary Release - AM-PM |
44 |
26 |
17 |
0 |
1 |
|
Temporary Release - Date-Date |
216 |
72 |
122 |
1 |
21 |
|
|
Temporary Release - Full TR |
1,596 |
1,378 |
165 |
4 |
49 |
|
|
Temporary Release - Reviewable |
2,929 |
1,933 |
874 |
7 |
115 |
|
|
4,785 |
3,409 |
1,178 |
12 |
186 |
||
|
Limerick Prison |
Temporary Release - AM-PM |
58 |
41 |
15 |
0 |
2 |
|
Temporary Release - Date-Date |
124 |
67 |
41 |
2 |
14 |
|
|
Temporary Release - Full TR |
1,564 |
1,422 |
114 |
0 |
28 |
|
|
Temporary Release - Reviewable |
3,079 |
2,376 |
586 |
7 |
110 |
|
|
4,825 |
3,906 |
756 |
9 |
154 |
||
|
Loughan House Place Of Detn. |
Temporary Release - AM-PM |
831 |
743 |
74 |
0 |
14 |
|
Temporary Release - Date-Date |
1,140 |
734 |
385 |
5 |
16 |
|
|
Temporary Release - Full TR |
167 |
125 |
37 |
1 |
4 |
|
|
Temporary Release - Reviewable |
729 |
556 |
135 |
6 |
32 |
|
|
2,867 |
2,158 |
631 |
12 |
66 |
||
|
Midlands Prison |
Temporary Release - AM-PM |
116 |
50 |
65 |
1 |
0 |
|
Temporary Release - Date-Date |
14 |
7 |
6 |
1 |
0 |
|
|
Temporary Release - Full TR |
751 |
684 |
53 |
1 |
13 |
|
|
Temporary Release - Reviewable |
2,344 |
1,823 |
458 |
1 |
62 |
|
|
3,225 |
2,564 |
582 |
4 |
75 |
||
|
Establishment Name |
TR Type |
Total Applications |
Approved |
Rejected |
Deferred |
Pending Decision |
|
Mountjoy Prison ( Female) |
Temporary Release - AM-PM |
233 |
157 |
68 |
1 |
7 |
|
Temporary Release - Date-Date |
57 |
41 |
13 |
0 |
3 |
|
|
Temporary Release - Full TR |
663 |
625 |
34 |
0 |
4 |
|
|
Temporary Release - Reviewable |
2,340 |
1,882 |
402 |
2 |
54 |
|
|
3,293 |
2,705 |
517 |
3 |
68 |
||
|
Mountjoy Prison ( Male ) |
Temporary Release - AM-PM |
789 |
209 |
559 |
4 |
17 |
|
Temporary Release - Date-Date |
76 |
41 |
34 |
0 |
1 |
|
|
Temporary Release - Full TR |
1,324 |
1,142 |
134 |
2 |
46 |
|
|
Temporary Release - Reviewable |
6,386 |
4,971 |
1,217 |
4 |
194 |
|
|
8,575 |
6,363 |
1,944 |
10 |
258 |
||
|
Portlaoise Prison |
Temporary Release - AM-PM |
47 |
30 |
16 |
0 |
1 |
|
Temporary Release - Date-Date |
85 |
69 |
16 |
0 |
0 |
|
|
Temporary Release - Full TR |
54 |
34 |
17 |
1 |
2 |
|
|
Temporary Release - Reviewable |
157 |
91 |
61 |
0 |
5 |
|
|
343 |
224 |
110 |
1 |
8 |
||
|
Shelton Abbey Place Of Detn. |
Temporary Release - AM-PM |
1,008 |
889 |
100 |
1 |
18 |
|
Temporary Release - Date-Date |
861 |
517 |
319 |
0 |
25 |
|
|
Temporary Release - Full TR |
34 |
19 |
14 |
0 |
1 |
|
|
Temporary Release - Reviewable |
439 |
388 |
31 |
2 |
18 |
|
|
2,342 |
1,813 |
464 |
3 |
62 |
||
|
St. Patricks Institution |
Temporary Release - AM-PM |
30 |
11 |
17 |
1 |
1 |
|
Temporary Release - Date-Date |
11 |
3 |
8 |
0 |
0 |
|
|
Temporary Release - Full TR |
217 |
166 |
37 |
2 |
12 |
|
|
Temporary Release - Reviewable |
772 |
519 |
233 |
5 |
15 |
|
|
1,030 |
699 |
295 |
8 |
28 |
||
|
Training Unit Place Of Detn. |
Temporary Release - AM-PM |
1,293 |
1,014 |
257 |
3 |
19 |
|
Temporary Release - Date-Date |
402 |
293 |
100 |
1 |
8 |
|
|
Temporary Release - Full TR |
49 |
39 |
9 |
0 |
1 |
|
|
Temporary Release - Reviewable |
1,109 |
1,007 |
42 |
0 |
60 |
|
|
2,853 |
2,353 |
408 |
4 |
88 |
||
|
Wheatfield Prison |
Temporary Release - AM-PM |
121 |
58 |
57 |
1 |
5 |
|
Temporary Release - Date-Date |
14 |
8 |
6 |
0 |
0 |
|
|
Temporary Release - Full TR |
1,010 |
861 |
126 |
0 |
23 |
|
|
Temporary Release - Reviewable |
2,089 |
1,574 |
455 |
2 |
58 |
|
|
3,234 |
2,501 |
644 |
3 |
86 |
||
|
Total |
39,986 |
30,388 |
8,360 |
77 |
1,161 |
203. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he and his Department have studied the extent to which serious crime continues to be committed by persons accused of serious offences whilst on bail; if he is conscious of the public concern regarding such matters; his plans to address this issue; and if he will make a statement on the matter. [46806/12]
View answerI am conscious of public concern about the extent to which offences continue to be committed by persons on bail. I share that concern. As the Deputy will be aware, the criminal law takes a serious view of offences committed by persons on bail. Section 11 of the Criminal Justice Act 1984 provides that any sentence of imprisonment passed on a person for an offence committed while on bail must be consecutive on any sentence passed on him or her for a previous offence, or on the sentence last due to expire, if more than one is being served. It also provides that the fact that an offence was committed while on bail must be treated as an aggravating factor at sentencing and that the court shall impose a sentence that is greater than that which would have been imposed otherwise, unless there are exceptional circumstances.
A decision to grant bail in a particular case is a matter for the court, which is, subject only to the Constitution and the law, independent in the exercise of its judicial functions. There is a constitutional presumption in favour of bail, since, in the eyes of the law, a person is innocent until proven guilty. The provisions of the European Convention on Human Rights also restrict the extent to which the right to bail can be limited.
Prior to the Sixteenth Amendment of the Constitution, bail could be refused essentially only on the grounds that a person would be likely to abscond or interfere with witnesses. The Bail Act 1997, which gave effect to the terms of the Sixteenth Amendment of the Constitution, provides for the refusal of bail to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person. In addition, section 6 of that Act, as amended by section 9 of the Criminal Justice Act 2007, provides that every bail recognisance is subject to the condition that the accused person shall not commit an offence while on bail.
I believe that bail law must be continually reviewed to ensure that all possible avenues are taken to protect the public against the commission of crime, particularly serious crime, by persons on bail. Accordingly, my Department has been engaged in work to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law. In the context of that modernisation of the law, I will be seeking to restructure the law so that it has a focus on the protection of the individual and of the public. My intention is that the new proposals will provide better guidance to the courts on how such protection might be provided. I am also taking the opportunity to introduce some general improvements to bail law to improve the overall working of the bail system. I will bring proposals to Government on the matter in the near future.
204. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of Gardaí by rank in the Garda Bureau of Fraud Investigation; the number of Gardaí by rank that have retired since 1 April 2011; and if he will make a statement on the matter. [46830/12]
View answerI have been informed by the Garda Commissioner, who is responsible for the allocation of resources in the Garda Síochána, that the personnel strength of the Garda Bureau of Fraud Investigation (GBFI) by rank on 30 September 2012, the latest date for which figures are readily available, and the numbers who have retired since 01 April 2011 was as set out in the table hereunder :
|
Rank |
Strength |
Retirement |
|
D/Chief Superintendent |
1 |
1 |
|
D/Superintendents |
2 |
1 |
|
D/Inspectors |
5 |
1 |
|
D/Sergeants |
15 |
0 |
|
D/Gardaí |
51 |
0 |
205. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will ensure that a Garda station (details supplied) in Dublin 5 receives a new Garda van when the new vans come on stream; and if he will make a statement on the matter. [46831/12]
View answerDecisions in relation to the provision and deployment of Garda vehicles are a matter for the Commissioner in the context of his operational requirements. At Garda Divisional level, it is for the Chief Superintendent to make appropriate arrangements for the distribution of vehicles throughout the Division in response to policing demands. The Deputy will appreciate that a degree of flexibility in allocating and re-allocating vehicles among stations, so as to best match the allocation of resources with policing priorities, is crucial to the efficient management of the Garda fleet. I am advised by the Garda authorities that 26 Garda vans are operating in the DMR North Division of which two are currently allocated to the station referred to by the Deputy. In addition, I have informed that the transport arrangements in place for this station make the best use of available resources and that they will continue to be kept under on-going review.
206. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans to fill vacancies at the ranks of Sergeants, Inspectors, Superintendent and Chief Superintendent in the near future; and if he will make a statement on the matter. [46832/12]
View answerThe Deputy will be aware that the Commissioner is responsible for the detailed allocation of resources, including personnel, 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 to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.
While regulations have previously provided for the numbers permitted in each rank, these have been upper ceilings for those numbers, rather than target strengths, and are set at a national rather than local level. It is therefore not generally practical to indicate precise levels of vacancies at the different ranks in specific locations. Notwithstanding this, a competition for the selection of Sergeants for promotion to the rank of Inspector is complete. A competition for promotion to Sergeant rank is ongoing and competitions for the selections of Superintendents and Chief Superintendents were advertised on 10 September and interviews will commence shortly.
207. Deputy Finian McGrath asked the Minister for Justice and Equality his views on correspondence (details supplied) from the Football Association of Ireland regarding the National Vetting Bill. [46840/12]
View answerI have written to the FAI on a number of occasions responding to these queries. I have pointed out to the FAI in my previous correspondence that the obligation to obtain vetting disclosures for sports coaches or trainers working with children is a requirement of the Children First Guidelines and the Irish Sports Council Code of Ethics. This Code of Ethics has been in place since the year 2000. The National Vetting Bureau (Children and Vulnerable Persons) Bill 2012 simply confirms this vetting requirement in legislation.
If FAI clubs are not in compliance with these codes then they need to submit any outstanding vetting applications regarding the relevant coaches and trainers to remedy the situation. Once this is done the FAI will have substantially met its obligations under the forthcoming legislation. There is no requirement in the National Vetting Bureau (Children and Vulnerable Persons) Bill that all volunteers or members in a club needing to be vetted. There is in fact a specific provision in the Bill providing that persons providing assistance with sports or community organisations on an occasional basis do not require vetting. This is to ensure that soccer parents or club members or volunteers who are providing assistance at an occasional club event do not require vetting.
There is also no vetting requirement for persons coaching adult teams – even if some players on an adult team are under 18. The liability for submitting vetting applications will rest primarily with the clubs’ Boards of Management. The FAI will, however, have an obligation to submit vetting applications regarding coaches employed directly by the FAI for youth coaching. Currently it takes between 4 to 8 weeks for each vetting application to be processed. I expect that the Bill will be enacted before the end of 2012 and I intend to commence the main provisions of the Bill in March 2013.
208. Deputy Derek Keating asked the Minister for Defence the number of agencies, authorities, boards, committees, working groups, tribunals, councils, task forces or any other non-governmental organisations set up by his Department from February 2000 to February 2011, if he will provide tabulated format the cost to the State of these agencies, organisations and other groups and the justification by the then Government for same; and if he will make a statement on the matter. [46592/12]
View answerThe Civil Defence Board was established on 7 May 2003 following the enactment of the Civil Defence Act 2002. Legislation will shortly be brought before the Oireachtas for the dissolution of the Board and the transfer of its functions back into the Department of Defence The Annual Grant-in-Aid from the Department of Defence to the Civil Defence Board since its establishment is set out below.
|
Year |
Budget (€) |
|
2004 |
5.593m |
|
2005 |
5.767m |
|
2006 |
5.928m |
|
2007 |
6.099m |
|
2008 |
6.248m |
|
2009 |
6.148m |
|
2010 |
6.061m |
|
2011 |
5.585m |
|
2012 |
5.585m |
The Task Force on Emergency Planning was established by Government in 2001. The Task Force, which is chaired by the Minister for Defence, is made up of Ministers and/or senior officials from all Government Departments and key public bodies that have a role in emergency planning and response. The Government Task Force on Emergency Planning, and its associated working groups, support the coordination of emergency planning across Departments and agencies and examines cross-cutting issues that impact across Government. There are no specific additional costs associated with the work of the Government Task Force on Emergency Planning.
