Skip to main content
Normal View

Wednesday, 24 Oct 2012

Written Answers Nos. 9-17

Inspector of Prisons Reports

Questions (9)

Willie O'Dea

Question:

9. Deputy Willie O'Dea asked the Minister for Justice and Equality the steps he will take in relation to the report on St. Patrick's detention centre, Dublin; and if he will make a statement on the matter. [46447/12]

View answer

Written answers

The Deputy will be aware that I published the Inspector's Report last week. I also published the Irish Prison Service's Action Plan for implementing the Inspector's recommendations. The report raises serious issues and major concerns including weak management, behaviour of some prison staff, the culture in the prison, the inattention to human rights norms, prisoners on protection and prevalence of drugs. The Inspector concluded that there has been a culture in St. Patrick’s which resulted in the human rights of some prisoners (children and young adults) being either ignored or violated.

As I informed the House on Wednesday 17 October, neither I nor the Government will tolerate the type of abuse outlined by the Inspector in his report on St. Patrick's Institution. Simply put, it is unacceptable and will not be tolerated. It is also important not to lose sight of the fact that the Inspector acknowledges in his report that the vast majority of staff in St. Patrick's carry out their duties in a professional manner and the problem lies with a very small minority of staff.

For many years, I had concerns about St. Patrick's and believed that it was an inappropriate facility for children. I was instrumental in ensuring that the Programme for Government included a specific commitment to end the practice of sending children there. I visited St. Patrick's within two weeks of my appointment and I met with the Inspector at his request in early May last to discuss the situation with him.

An Action Plan addressing all of the Inspector's recommendations was put into place without delay. This included the appointment of a new senior management team which has been tasked with providing clear and decisive leadership to the staff in order that the problems outlined by the Inspector are dealt with quickly and effectively. This team, lead by the new Governor, is liaising closely with the Director General of the Irish Prison Service and the Inspector of Prisons to ensure that each and every one of the Inspector's recommendations are implemented. Concrete measures have already been taken with over 80% of the recommendations being implemented to date.

Indeed in this context, the Irish Prison Service has also undertaken to ensure enhanced prison healthcare procedures are put in place, and records are maintained on the removal and relocation of prisoners. A new dedicated committal unit is in operation, and a new vulnerable persons unit is also being established. Additional security arrangements have been introduced to minimise drugs and contraband entering the prison. Educational facilities will be improved along with the provision of an incentivised regimes programme and an improvement in physical conditions and facilities generally.

The practice of sending 16 year old boys to St. Patrick's has already ceased with effect from the 1st May and my colleague, the Minister for Children and Youth Affairs, has agreed to examine the feasibility of accommodating some categories of 17 year old boys in Oberstown on a phased basis. The remit of the Ombudsman for Children was extended in July of this year to include St. Patrick's Institution. The Government has also sanctioned the provision of necessary funding for a new detention facility at Oberstown, which is due for completion in mid 2014. In the meantime, arrangements are currently being made for a number of care staff from the Children Detention Schools to work on placement in St. Patrick's Institution alongside Prison Staff. It is intended that this will take place within the next two months.

In the interim, the Minister for Children and Youth Affairs has agreed to examine the feasibility of accommodating some categories of 17 year old boys in Oberstown on a phased basis earlier than mid 2014, if possible. Arrangements are also being made for a number of care staff from the Children Detention Schools to work on placement in St. Patrick’s Institution alongside Prison Staff. It is intended that this will take place within the next two months. In addition, as I have already mentioned the remit of the Ombudsman for Children was extended in July of this year to include St. Patrick’s Institution - something which she has been seeking for a number of years and a request with which previous Governments failed to agree.

A new complaints procedure is also being introduced. This process has recently been completed with the appointment of a panel of 22 external investigators and the new complaints system will be introduced on the 1st of November. I have instructed the Director General of the IPS to direct the new investigators to commence an examination of previous complaints in St. Patrick's Institution, such as those referred to by the Inspector in his report.

Court Procedures

Questions (10)

Michael Colreavy

Question:

10. Deputy Michael Colreavy asked the Minister for Justice and Equality his plans to reform the family law and family courts system here to address the delays, cramped and stressful court conditions and increasing legal bills that families are currently facing. [46418/12]

View answer

Written answers

The Deputy will be aware that the Government recently approved in principle my proposals for reforms to our courts structures which will, in due course, require the holding of a Constitutional referendum. The proposed reforms are intended, if approved in a referendum, to facilitate the establishment of a new separate Family Courts structure which will streamline family law court processes and make them more efficient and less costly. Considerable work will be necessary to develop these proposals and this has already commenced in my Department. A decision on the timing of the necessary referendum will be made at a later date.

In the shorter term, I am assured that the Courts Service works closely with the judiciary to ensure that all cases are dealt with as quickly as possible. The usual practice is that additional judges are assigned by Court Presidents to assist in areas where backlogs have arisen. As the Deputy may be aware, there were a large number of retirements from the Bench in late 2011 and early 2012 which resulted in eight vacancies on the District Court and seven on the Circuit Court. In those circumstances I am informed that it was necessary to give priority to criminal cases and this had an impact on waiting times for family law and other cases. However, the Government moved quickly to fill those posts and there is now a full complement of judges on both courts. The President of the Circuit Court is assigning additional judges to venues where the most serious family law delays exist and special sittings are regularly arranged in the District Court to deal with family law backlogs. I am also advised that the President of the District Court has recently issued a practice direction in child care cases to practitioners in Dublin with a view to improved case management and prompt disposal of cases.

There are, however, alternatives to court available in the area of family law. I intend to bring forward, in the coming months, a Bill to promote mediation as a viable and cost effective alternative to court proceedings. The main objective of the Bill is the reduction of legal costs, the speeding up of dispute resolution and the lessening of the stress involved in court proceedings. These provisions are designed to ensure that the legal framework supports the parties in reaching an agreed and enduring resolution to their disputes where possible.

This measure will further enhance a successful tripartite initiative between the Courts Service, the Legal Aid Board and the Family Mediation Service which has been operating in the Dublin District Family Law Courts in Dolphin House since March 2011. The objective is to offer an alternative to a court determined outcome and a more appropriate means of resolving certain family disputes through mediation. This project has resulted in a total of 224 agreements finalised between January and August of this year without recourse to the courts and I understand it is being extended further to Naas and Cork at present.

Proposed Legislation

Questions (11)

Barry Cowen

Question:

11. Deputy Barry Cowen asked the Minister for Justice and Equality his future plans for the Privacy Act 2006 here; and if he will make a statement on the matter. [46433/12]

View answer

Written answers

The Privacy Bill 2006 was restored to the Order Paper of the Seanad in June 2006 at my request. In restoring the Bill to the Order Paper, my intention was to examine its provisions and to make any necessary changes and updating to the text. The previous Government had left the Bill on the Order Paper to give adequate time, first, to assess the effectiveness of the Press Council in dealing voluntarily with issues addressed in the Bill, and, second, to assess the impact of the new Defamation Act. I did not want to frustrate those processes in any way. For this reason I judged it sensible merely to restore the Bill in its original form.

However, as I indicated earlier this year during a debate on a Private Members Bill in the Seanad on privacy, I intend to review the adequacy of the 2006 Bill’s provisions in light of developing case law in this area since its publication. There is a broad spectrum of issues which need to be addressed in this debate, ranging, as I said from the role of emerging technologies and social media, the role of the State, the abilities of corporations to protect their legitimate interests and the rights of private citizens to go about their affairs without unlawful violation of their privacy. In this context it should not be forgotten that an individuals right to privacy is not a constitutionally recognised right and also a right protected under the European Convention on Human Rights and Fundamental Freedoms.

If the government decides that we need substantive legislation in this area, then the 2006 Bill will need some repair to ensure it achieves the objectives of preventing unwarranted intrusions into individuals’ personal privacy and striking a proper balance between the rights of individuals and the public interest. I should, of course, emphasise that violations of privacy may arise in a number of different contexts and are not, as is commonly assumed, the sole preserve of the traditional print or broadcasting media. Increasingly, we are seeing publication of citizens, via social media, of material which infringes the privacy of others. Unfortunately, there appears to be an insufficient understanding by users of social media of potential impacts on their privacy in that new sphere.

I remain a firm believer in the right of the media to fearless investigate and express views on matters of public interest. However, this cannot be at the expense of the rights of citizens to go about their business and to retain, as they choose, their anonymity. Most of the Irish media have been generally respectful of privacy. In this context, they are mindful of the principles contained in the Press Council Code of Conduct and the protection offered by the Constitution and as enunciated in a number of court decisions over the years relating to an individual's Constitutional right to privacy. Unfortunately, however, this is not always so and on occasion principle is overcome by sensationalism and false outrage in the pursuit of perceived commercial benefit in the heat of the competitive media environment and the pressures created by the speed of web based journalism and 24/7 continuous broadcast news. With regard to some reporting it is not so much about revelations in the public interest but stories to stimulate or satiate prurient interest.

Garda Síochána Ombudsman Commission Issues

Questions (12)

Timmy Dooley

Question:

12. Deputy Timmy Dooley asked the Minister for Justice and Equality the progress that has been made under Operation Fiachla; the amount spent to date; and if he will make a statement on the matter. [46436/12]

View answer

Written answers

I am informed by the Garda authorities that Operation Fiacla is running for 12 months initially, with effect from February 2012. The Operation is the subject of regular monitoring and review by senior Garda management and is focused on identifying and targeting gangs involved in burglaries around the country so as to disrupt their activities and bring them before the Courts. Operation Fiacla is intelligence driven, and specific burglary initiatives have been implemented in each Garda Region to target suspect offenders. These initiatives optimise the use of existing structures and local Garda management ensure that all personnel are fully briefed on the initiative, with Divisional Crime Management Teams playing a key coordination and implementation role. I am further informed that, as of 19 October 2012, 2,493 persons have been arrested and 1,404 persons have been charged as part of the Operation, reflecting the very substantial efforts being made to tackle this problem by the Gardaí.

In relation to the cost of the Operation, it is understood that a separate dedicated budget has not been established for this initiative and it would necessitate a disproportionate amount of Garda time and resources to calculate this. However, every effort is being made by Garda management, under the remit of the respective regional policing plans prepared under Operation Fiacla, for duty associated with these initiatives to be conducted as part of routine, rostered, policing activities.

I am, of course, conscious of the deep distress which burglary can cause to householders and of the broader impact it can have in terms of fear of crime in our communities. I very much welcome the fact that the Garda Commissioner is deploying the substantial resources available to him in a targeted approach to confront those engaged in this form of criminality. I am hopeful that the successes of Operation Fiacla will be reflected in future crime statistics published by the Central Statistics Office in relation to burglaries.

Garda Investigations

Questions (13)

Denis Naughten

Question:

13. Deputy Denis Naughten asked the Minister for Justice and Equality further to Parliamentary Question No. 8 of 20 June 2012, the position regarding the Garda review into the murder of Fr. Niall Molloy in Clara, County Offaly, in July 1985; if he will accede to the request by the family of an independent inquiry into the priest's death; and if he will make a statement on the matter. [46307/12]

View answer

Written answers

I am advised by the Garda authorities that the examination referred to by the Deputy is ongoing. The Commissioner has assured me that each and every line of inquiry is being or will be pursued. Upon receipt of a final report from the Commissioner I will review the situation. I understand that the officers carrying out the examination are continuing to keep the family members of the deceased updated on progress. While I fully appreciate the concerns of the family, in any case where criminal behaviour is suspected it is only through a Garda investigation, and where evidence of criminal wrongdoing is available through the submission of a file by the Gardaí to the Director of Public Prosecutions, that persons can be brought fully to account. I therefore hope the Deputy will agree that, in the first instance, we need to allow the present Garda examination to proceed to its conclusion.

Press Standards Legislation

Questions (14)

Michael McGrath

Question:

14. Deputy Michael McGrath asked the Minister for Justice and Equality his future plans for press regulation here; and if he will make a statement on the matter. [46430/12]

View answer

Written answers

I take it that the Deputy is referring to regulation in regard to the law on defamation which falls within my area of responsibility. Regulation of the broadcast media or issues in regard to ownership of media do not fall within my Department's area of responsibility. I have no particular plans at this time in regard to regulation of the print media. A review of the operations of the Defamation Act 2009 is required within five years of its coming into operation.The print media is regulated by an independent press Council. Section 44 of the Defamation Act 2009 provides for the Minister for Justice and Equality to make an Order, subject to the approval of both Houses of the Oireachtas granting statutory recognition as a Press Council to a body that seeks recognition as such. It requires that the Minister be satisfied that the applicant body complies with the provisions set out in Schedule 2. No more than one such body can be recognised and the order may be revoked.

On 21 April, 2010, the then Minister for Justice, Equality and Law Reform signed the Defamation Act 2009 (Press Council) Order 2010 (S.I. No. 163 of 2010) granting recognition to the Press Council of Ireland. The Order took immediate effect. Formal recognition of the Press Council grants qualified privilege to the decisions and reports of the Press Council and the Press Ombudsman. This strengthens and underpins the system of press regulation in Ireland which can only serve to improve the service to the general public.

It is appropriate that strong emphasis is being placed by the Press Council and Ombudsman on resolving complaints through conciliation or mediation. Moreover, the print industry is, in general, committed to the press complaints initiative and has provided the necessary financial backing to support its operation. This co-operation is vital to the long term success of the new Irish press complaints system. The new complaints system is, I believe, providing a useful, efficient and cost free remedy for members of the public who are affected by breaches of the Code of Practice. A most important requirement is that publications that are members of the Press Council have to publish in full, decisions of either the Press Ombudsman or the Press Council, which uphold complaints made under the Code of Practice for Newspapers and Periodicals.

Garda Investigations

Questions (15)

Denis Naughten

Question:

15. Deputy Denis Naughten asked the Minister for Justice and Equality if he will have the case of the murder of Garda Richard Fallon on 3 April 1970 independently reviewed; and if he will make a statement on the matter. [46308/12]

View answer

Written answers

The murder of Garda Richard Fallon was a terrible tragedy for his family and I want to, again, express my deepest sympathy to them. On top of that personal tragedy, his murder was also an event that can only be described as a heinous crime carried out by ruthless individuals. As the Deputy will be aware, this case is currently being examined by An Garda Síochána’s Serious Crime Review Team. I am informed by the Garda authorities that that assessment will be completed in November. I am conscious that this is a matter of great concern to the Fallon family but I am sure the Deputy will appreciate that it would be best to await the outcome of the Garda assessment.

Proposed Legislation

Questions (16)

Catherine Murphy

Question:

16. Deputy Catherine Murphy asked the Minister for Justice and Equality if, in respect of the forthcoming Mental Capacity Bill, he will provide assurances that the issue of Wardship will be addressed with a view to lowering the charges placed upon persons and relatives who are required to frequently access the services of the Courts in relation to issues such as travel outside the State; if he is considering a devolution of responsibility for the administration of Wardship cases to the offices of State solicitors around the country in order to ease the burden upon the High Court and upon persons; if he is further considering having matters concerning applications for Wardship heard at District Court level; if he will provide more general information on the proposals in the area of Wardship that will be contained in the Bill; and if he will make a statement on the matter. [46506/12]

View answer

Written answers

I refer the Deputy to my response to Question No. 221 of 17 October 2012 in which I said the following:

"The Programme for Government contains a commitment to introduce a Bill that is in line with the UN Convention on the Rights of Persons with Disabilities. The Bill is at an advanced stage of drafting. Work is ongoing to properly align the provisions of the Bill with the principles contained in the UN Convention on supporting people with impaired capacity in making decisions and exercising their basic rights. I envisage that the title of the Bill will reflect this approach.

The Bill proposes replacement of the Wards of Court system with a modern statutory framework to support persons with impaired decision-making ability. The Wards of Court system is regarded as unsuited to modern conditions and incapable of coping with projected demographic growth and increased need for the management of the affairs of persons who lack capacity. The terminology and concepts used in the existing legislation of 1871 are regarded as inappropriate to the modern understanding of mental illness and legal capacity.

The enactment of new legislation is one of the core elements of the remaining work to be completed to enable ratification of the UN Convention on the Rights of Persons with Disabilities and work on the Bill is ongoing."

The main proposals under development in the Bill are to:

- provide a legal framework to support persons with impaired decision-making capacity to manage their personal welfare and property and financial affairs

- change existing law from the current all or nothing status approach to a functional one, whereby decision-making capacity is assessed on an issue- and time-specific basis

- provide that the Circuit Court will have jurisdiction to deal with determinations of capacity and to make orders consequent on such declarations, including the appointment of suitable persons authorised to take decisions on specified matters in support of the person lacking capacity

- provide, in circumstances where it is not possible for a person to exercise their capacity even with support, that another person appointed by the Court may act as their representative

- clarify the law for carers who take on responsibility for persons who lack capacity

- establish an Office of Public Guardian, with supervisory powers to protect vulnerable persons

- subsume into the Bill the provisions in the Powers of Attorney Act 1996 on enduring powers in order to bring them into line with the general principles and safeguards in the Bill.

As matters stand, there is no charge or court fee payable for an application to allow a ward of court travel outside the State. When a person is made a ward, the Court is vested with jurisdiction over all matters relating to the person and their estate. Because the Court has full jurisdiction and responsibility for the affairs of a ward of court, the consent of the Court is needed to bring the ward outside the jurisdiction. In practice, this is done by application made by the committee of the ward (who is usually a family member of the ward) to the Office of the Wards of Court.

Only in the most exceptional circumstances - for example in an application to allow a ward to travel outside the State for a form of medical treatment that would not be performed in Ireland - would such an application be required to be brought before the President of the High Court or other Judge assigned to wardship matters. There is no fee payable for such an application but there might be legal costs involved as is the case in any court proceedings.

Legal Services Regulation

Questions (17)

Dara Calleary

Question:

17. Deputy Dara Calleary asked the Minister for Justice and Equality his views on concerns on changes recommended by the Council of the Law Society's Conveyancing Conflicts Task Force with regard to the use of multiple solicitors in conveyancing contracts; and if he will make a statement on the matter. [46424/12]

View answer

Written answers

I have previously addressed this matter in my reply to Priority Question number 4 of todays date, to which I would draw the Deputy's attention. The matters raised relate to the Conveyancing Conflicts of Interest Regulation which was adopted by the Council of the Law Society on 7 September 2012 with a view to it coming into effect on 1 January 2013. The Law Society is the independent statutory body for the regulation of the solicitors profession in the State. Section 5 of the Solicitors Act 1954 provides for the Society to make regulations which are necessary for the carrying out of its functions and requires that such regulations be laid by the Society before each House of the Oireachtas as has happened in respect of this regulation on 2 October 2012 under S.I. No. 375/2012.

The new regulation, which prohibits the same solicitor from acting for both vendor and purchaser in conveyancing transactions, was made by the Law Society on foot of the recommendations contained in the "Conveyancing Conflicts Task Force Report" published by the Society in July. The Task Force was specifically set up to look at the existing guidelines and regulations relating to solicitors acting for both parties in such transactions. The Report, which is publicly available on the Law Society's website (www.lawsociety.ie), details the arguments that were put forward both in favour of and against the introduction of this regulation and explains the reasons behind the decision to propose its adoption. It sets out how the Task Force undertook extensive consultations with members of the solicitors profession and other relevant interested parties and stakeholders and took account, inter alia, of the November 2010 joint HSE and UCD report concerning the "Abuse and Neglect of Older People in Ireland". The Task Force also researched and reviewed the regulatory regimes in other jurisdictions and analysed judicial and academic commentary relevant to all issues considered.

I would expect the relevant costs arising from this regulation to even out on the basis of the actual work being done for each party concerned and this is something that can be monitored including in the context of the new and more transparent legal costs regime to be introduced under the Legal Services Regulation Bill 2011. I also have to acknowledge the lessons of previous litigation in this area and of our last property boom which point to the fundamental need to avoid conflicts of interests in the conduct of conveyancing transactions - be that on the part of solicitors or on the part of their clients including where multiple, elderly or otherwise vulnerable family members may be concerned. While it would be better if such protections were not necessary at all, there can be no doubt that the new Regulation affords better protection - both to solicitors and to their respective clients - from any claims, now or in the future, that the issue of undue influence arises in relation to any conveyancing transaction concerned. Similarly, in non-family conveyancing transactions, the interests of seller and purchaser would seem better represented and protected in their own right under the new Regulation.

Top
Share