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Wednesday, 24 Oct 2012

Written Answers Nos. 18-26

Prison Accommodation Standard

Questions (18)

Bernard Durkan

Question:

18. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total number of prisoners currently incarcerated at all locations throughout the country; the progress being made regarding the extent to which rehabilitative or training programmes are available to these prisoners; the exact number currently receiving training or education at this time; the number of applicants for such programmes; the extent to which an examination has been carried out as to the importance of such programmes when prisoners are eventually released into the community with particular reference to rehabilitation; his plans to develop such rehabilitative programmes in the future; and if he will make a statement on the matter. [46511/12]

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Written answers

I can advise the Deputy that there were 4,340 prisoners in custody on 22 October, 2012 against a bed capacity of 4,369 which represents an occupancy level of 99%. As the Deputy will be aware from my replies to previous Parliamentary Questions, the Irish Prison Service provides a wide range of rehabilitative programmes that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes are available in all prisons and all prisoners are eligible to use the services. On committal, all prisoners are interviewed by the Governor and are informed of the services available in the prison. At this point prisoners may be referred to services or they can self refer at a later date. Where Governors consider, on the information available, that a prisoner needs a particular intervention they will initiate a referral.

The Irish Prison Service has also introduced an Integrated Sentence Management (ISM) system which involves a new orientation in the delivery of services to prisoners and an emphasis on prisoners taking greater personal responsibility for their own development through active engagement with both specialist and non-specialist services in the prisons. The end result is a prisoner-centred multi-disciplinary approach to working with prisoners with provision for initial assessment, goal setting and periodic review to measure progress.

The development of prisoner programmes forms a central part of the new Irish Prison Service Three Year Strategic Plan 2012 - 2015. There is a clear commitment in the Strategy to enhance sentence planning including Integrated Sentence Management and the delivery of prison based rehabilitative programmes such as education, work training and resettlement programmes.

As regards the numbers involved, I can confirm that an average of 38% of the prison population attended educational classes in 2011. The development of vocational training programmes in recent years means that there are now over 100 workshops capable of catering for in excess of 1,000 prisoners each day. Returns at the end of August 2012 show that approximately 23% of the prison population were engaged in vocational training programmes. There was also a significant increase in the number of prisoners who participated in accredited vocational training course in 2011, when 1219 prisoners attended such courses.

Asylum Seeker Accommodation

Questions (19)

Luke 'Ming' Flanagan

Question:

19. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality if he will consider postponing the closure of Lisbrook House, County Galway; if his attention has been drawn to the long term effects of closing this facility; his views on whether moving families to new locations will impact negatively on the education and development of children of asylum seekers, persons who in many cases have been uprooted and moved already; if he will consider closing the direct provision of accommodation and allow asylum seekers to acquire their own accommodation; and if he will make a statement on the matter. [46306/12]

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Written answers

The Reception and Integration agency of the Department of Justice and Equality is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision. RIA is required to review its accommodation portfolio on an ongoing basis to reflect current and projected demand for bed spaces. There has in recent years been a consistent downward trend in demand for RIA accommodation. This requires RIA to either end contracts when they come up for renewal or to seek a reduction in capacity. This enables RIA to remain within budget and ensures that the State is not paying for unnecessary services at a time of critical financial pressure.

Following the receipt of a number of representations in respect of the closure of the Lisbrook accommodation centre in Galway, I indicated that a review of that decision would take place having regard, inter alia, to the impact on school children of such a closure, as well as the broader financial restrictions within which RIA must operate. Following this review, I have decided that the decision of RIA should stand. The fundamental problem with keeping Lisbrook open to the end of the school year in July, 2013 is cost. Effectively, RIA would be buying beds over a 7 month period in 2013 which it does not need. The cost would be over €2 million and I believe that those resources could be put to better use.

Plainly, closing down family centres during the non-school summer months is a more desirable option. But the fact is that RIA contract end dates for all its centres are deliberately staggered throughout the year to take account of the ebb and flow of demand for asylum seeker accommodation. RIA now has spare capacity of 14.8% in its overall portfolio and this must be reduced towards the 10% level recommended in the 2010 Value for Money (VFM) Report on RIA accommodation. Arising from the closure of Lisbrook and other centres this year, as well as reductions in capacity elsewhere, RIA will - based on current occupancy levels - be within the 10% VFM guideline at the end of this year.

RIA makes every effort to keep family centres open, preferring instead to reduce contracted capacities. But in some cases the economies of scale are such that closure is the only option that remains. RIA engaged in negotiations with its contractors over the course of this year but, as in the case of Lisbrook, some of these negotiations did not resolve themselves before the summer 'window'. Moreover, having all RIA contracts for family centres end only in July and August each year would make the logistics of running the RIA accommodation system very difficult indeed, leaving aside the problem of having to bear the costs of unnecessary beds in the meantime.

That said, I am very conscious of the disruption that will be caused by the closure of this centre. I have instructed RIA to ensure that families of all those children attending secondary school will transfer to another family centre in Galway – the Eglington in Salthill – in order that their education should not be interrupted. These children will continue to attend the same secondary schools. Further, for those families who will be required to transfer to other centres, RIA staff will ensure that it re-locates school-going children in alternative centres where they could access schools nearby.

RIA will work with accommodation centre management teams and State service providers locally at each of its accommodation centres to link families and individuals to services as quickly as possible, including local schools, hospitals, Public Health Nurse, GP services, Community Welfare and other services. This process is undertaken in respect of any closure of a centre or where residents move from one centre to another. In relation to the suggestion that asylum seekers be provided access to full social welfare benefits, this issue was addressed in a Value for Money report on the direct provision system published in 2010 which found that in comparison with a number of options including social welfare, the policy of direct provision was considered to be the best choice for a number of reasons. It is less costly, it is less likely to act as an incentive to new asylum seekers, and it allows the State to manage the challenge of asylum seekers in a way that reduces pressure on local services.

Expanding full social welfare benefits to asylum seekers would be contrary to long standing Government policy and is not being contemplated. Such a policy would have consequences beyond the asylum system, including in relation to the Habitual Residency Condition introduced by the Minister for Social Protection in 2004 which prohibits certain social welfare payments - child benefit or one parent family payment, for example - to a number of non-qualifying groups including asylum seekers.

Child Detention Centres

Questions (20)

Caoimhghín Ó Caoláin

Question:

20. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the number of children under 18 years who were residing within St. Patrick’s Institution, Dublin on 20 September, 2012. [40711/12]

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Written answers

I can advise the Deputy that on 20th September 2012 there were 20 seventeen year old prisoners in custody in St Patrick's Institution, 7 of which were held on remand. As you will be aware the Government committed, in the Programme for Government to remove 16 and 17 year old offenders completely from the adult prison system. In this context, the practice of sending 16 year old boys to St Patrick's ceased on 1st May, 2012. From that date, all newly remanded or sentenced 16 year olds have been detained in the children detention facilities in Oberstown. The Government also sanctioned the provision of the necessary funding for a new detention facility at Oberstown. This is due for completion in mid-2014. These matters were all dealt with by me in cooperation with my colleague Frances Fitzgerald TD, Minister for Children and Youth Affairs.

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.

Garda Síochána Ombudsman Commission Issues

Questions (21, 22)

Mick Wallace

Question:

21. Deputy Mick Wallace asked the Minister for Justice and Equality his views on a case in respect of persons (details supplied) in County Cavan, where, over a period of six years, summonses were repeatedly issued for charges all of which were subsequently dismissed due to lack of evidence; and if he will make a statement on the matter. [46509/12]

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Clare Daly

Question:

22. Deputy Clare Daly asked the Minister for Justice and Equality if he will carry out an independent examination into the Cavan/Monaghan Garda Division following repeat summonses being issued to persons (details supplied) in County Cavan over a six year period for charges relating to assault, assault causing harm, public order, breach of the peace and stalking and harassment, which were all subsequently struck out and dismissed due to there being no evidence in any of the cases. [46503/12]

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Written answers

I propose to take Questions Nos. 21 and 22 together.

I have been advised that the persons to whom the question relates have initiated legal proceedings in the matter and, accordingly, it would be inappropriate for me to comment at this time.

Charities and Voluntary Organisations

Questions (23)

Derek Keating

Question:

23. Deputy Derek Keating asked the Minister for Justice and Equality following his decision to seek a voluntary code of practice in relation to corporate governance of charities, community non-profit, community voluntary groups and other such organisation and in view of some recent media revelations in relation to such organisations, if he is satisfied with the current plan for a voluntary code; if he will consider re-examining his proposals in relation to the publication of audit accounts of all organisations, the salary rates of the Senior Officials and Chief Executive of charitable organisations, the expenses, allowances and benefits in kind that are available to Senior Executives; if he will establish an operational procedure for such organisations who are in receipt of support both financially and otherwise from the public and may be in receipt of public funds awarded through the National Lottery, State grant schemes and EU funding; his views on whether such organisations are vulnerable to bad practice, theft and misuse of funds which have been collected in the name of a cause; and if he will make a statement on the matter. [46312/12]

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Written answers

High standards of corporate governance should apply in the charities sector as in any other. Government policy in this area aims to support and encourage best practice. An aspect of particular importance is charity fundraising. To support best practice in this regard, my Department is currently providing grant funding to a project managed by umbrella charities organisation Irish Charities Tax Research Limited. This project involves the promotion of a voluntary code of practice for charity fundraising. All charities that engage in fundraising from the public are encouraged to sign up to and adhere to this code, the core principles of which are respect, honesty and openness. For the sake of clarity, I can add that this code, with its specific focus on fundraising, is not a general governance code for the community and voluntary sector.

Regarding the issue of transparency in the financial governance of charities, it is important to acknowledge that many charitable organisations do operate to high levels of transparency with respect to their finances. There is much good practice in the sector. It needs to be supported where it exists and spread to areas where it is less evident. The Deputy will recall that one of the purposes of the Charities Act of 2009 is to increase transparency in the charities sector. The further implementation of this Act, including the establishment of an independent Charities Regulatory Authority, has been delayed for budgetary reasons, in light of likely costs associated with the establishment of the Authority. As I have emphasised on previous occasions to this House and elsewhere, the decision to defer the full implementation of the Charities Act was taken for budgetary reasons. It remains the intention of Government to advance the fundamental objectives of the Charities Act, including with respect to increasing transparency in the sector. My Department is examining how best to progress the implementation of the Act in the current circumstances. I intend to consult on proposals for this in the coming months.

Under the Charities Act, charities will be required to provide annual reports and accounts to the Charities Regulatory Authority, which will in turn be required to make these available to the public. This will greatly enhance the transparency of the sector and in doing so will foster greater accountability and protection against abuse of charitable status and fraud. Notwithstanding this, it should also be recalled that the Charities Act is not prescriptive in matters such as the remuneration of the employees of charitable organisations, which continue to be a matter for individual charities, within the relevant statutory frameworks. As part of the forthcoming consultation on the implementation of the Charities Act, I will also be inviting views on the appropriate levels of financial and activity reporting by charities, bearing in mind the overall objectives of the Act.

In the mean time, I would like to remind the House that there is in existence a broad range of regulatory oversight measures that can apply to charities. Many charities are already subject to scrutiny by various State Bodies. As the Deputy has pointed out, many charities receive significant levels of Government funding through grants, contracts for service delivery, and so on. In relation to how they use and account for these public funds, these charities are subject to the oversight of the relevant grant-making or contracting Departments and Agencies, and, where appropriate, of the Office of the Comptroller and Auditor General. The Revenue Commissioners have granted charitable tax exemptions to almost 8,000 charities and have significant powers to ensure that such charities comply with tax law. Many charities are incorporated and, as such, are subject to the provisions of company law and required to provide certain information to the Companies Registration Office under the Companies Acts. This information can then be accessed by the public. Such charities would also potentially be subject to scrutiny by the Office of the Director of Corporate Enforcement. Charities that take the form of a trust are subject to the provisions of trust law. And, of course, any business entity is subject to general criminal and fraud legislation.

Property Services Regulation

Questions (24)

Seán Fleming

Question:

24. Deputy Sean Fleming asked the Minister for Justice and Equality his plans to expand the remit of the Property Services Regulatory Authority to encompass commercial properties; and if he will make a statement on the matter. [46441/12]

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Written answers

The Property Services Regulatory Authority was formally established on 3 April 2012 pursuant to the Property Services (Regulation) Act 2011. The Authority consists of a Chairperson and ten ordinary members. The Authority was established to control, supervise and regulate Property Service Providers (i.e. Auctioneers/Estate Agents, Letting Agents and Management Agents) and to set and enforce standards in the provision of property services. The Authority also has statutory responsibility for the publication of residential property sales prices. Specifically in relation to the commercial property sector, the Authority has statutory responsibility for the establishment and maintenance of a Commercial Leases Database. The Authority is currently working on the development of the Database and it is anticipated that it will be launched by the end of the first quarter of 2013. I have no plans at this time to further expand the remit of the Property Services Regulatory Authority in relation to the commercial property sector.

Question No. 25 answered with Question No. 8.

Garda Stations Opening Hours

Questions (26)

Bernard Durkan

Question:

26. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which Garda strength and the operation of same at various Garda stations throughout the country continues to be monitored with particular reference to the need to ensure the retention of the maximum spread and location of Garda stations and personnel to ensure the adequacy of the authorities to deal with modern criminality with particular reference to the need to have a strong and visible presence in both urban and rural areas in view of the mobility of modern criminal elements to locate where a Garda presence is needed; if he will ensure that any revision or reorganisation of structures will have due regard for such fundamental issue; and if he will make a statement on the matter. [46512/12]

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Written answers

The 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.

The Commissioner is currently preparing his policing plan for 2013 and I expect delivery of it shortly. While it would be premature to speculate on what it might contain, I do expect that it will contain measures dealing with the further rationalisation of the Garda station network. It is important to remember that when preparing the plan, the Commissioner must, under the Act, have regard to a number of matters, including the resources available to the Garda Síochána, the priorities for the Garda Síochána as determined by the Minister, relevant Government policy, and the Garda Síochána's own strategy statement. In drawing up arrangements for the policing of the State each year, the Commissioner and his senior management team also take a number of other factors into account, including population, crime levels and trends, and policing priorities. The objective is to ensure that optimum use is made of Garda resources and the most effective policing service is provided to the public.

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