Written Answers Nos. 27-35
27. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality his plans to bring forward legislation to shorten the period that a couple would have to be separated in order to be eligible for divorce from the current four out of the last five years. [46416/12]
View answerThe requirement that a court may grant a dissolution of marriage only where the spouses have lived apart for four of the previous five years is prescribed in Article 41.3.2 of the Constitution. I have no plans to bring forward proposals for a constitutional amendment on this matter.
28. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will outline the additional measures being taken to tackle anti-social behaviour in the run-up to the Halloween period particularly in the Dublin region; and if he will make a statement on the matter. [46505/12]
View answerI am informed by the Garda authorities that during the Halloween period appropriate policing measures are put in place in every Garda Division and District through Operation Tombola. Operational orders are prepared in every Garda Region, in particular in the Dublin Metropolitan Region and Border Divisions, to prevent and detect the organised importation for sale of fireworks and police the Halloween period generally. Persons suspected of engaging in the importation, supply or sale of fireworks are identified and targeted, including through intelligence led operations and searches.
During the Halloween period, An Garda Síochána engages with local communities, local authorities and other stakeholders, such as Dublin Bus and the vintners’ associations, in putting plans in place to address the issues that arise. Through the Schools Programme and other local programmes, members of An Garda Síochána deliver the message that fireworks are illegal and highlight the dangers associated with illegally imported fireworks. Gardaí have a liaison mechanism in place with local authorities for the removal of identified stockpiles of combustible materials in advance of Halloween. They also advise managers of off-licences to ensure that their staff are aware of their obligations and responsibilities under licensing legislation relating to the sale of alcohol, in particular to underage persons.
Proactive policing arrangements are in place in the period leading up to and during Halloween. Additional patrols are carried out by uniform personnel as part of high visibility policing initiatives, supported by plain clothes personnel, including District detective and drug units, Divisional crime task forces and Traffic Corps personnel and community policing and mounted bike units, supported by public order units as required. Patrols are directed to pay particular attention to areas where people tend to congregate and where the likelihood of both anti-social behaviour and drinking on the streets may occur.
An Garda Síochána will utilise the strong legislative provisions in place to combat anti-social behaviour and the misuse of fireworks, including those in the Criminal Justice (Public Order) Acts 1994 and 2003, the Criminal Justice Act 2006 and the Intoxicating Liquor Act 2008.
29. Deputy Pearse Doherty asked the Minister for Justice and Equality his views on the Garda Representative Association's assessment that a fifth of the Garda vehicle fleet will need to be replaced by the end of 2012, amounting to 500 vehicles; and the way he intends to meet this requirement. [46413/12]
View answerThe Deputy will appreciate that the withdrawal of Garda vehicles from service is an on-going process. In the overall context I am very pleased that arrangements have been put in place, with special funding being made available for that purpose, to allow the Garda authorities to purchase a significant number of new vehicles. This has been done at a time of severe budgetary constrains and it represents a substantial investment in Garda transport. I have no doubt that the provision of the additional 170 vehicles will considerably strengthen the overall effectiveness of the Force in delivering a policing service throughout the country. The vehicles are due to be commissioned in December/January and they will be deployed by the Garda authorities in line with policing requirements.
30. Deputy Jonathan O'Brien asked the Minister for Justice and Equality following the report by the Prisons Inspector, Judge Michael Reilly, on practices by some staff at St Patrick's Institution, Dublin, the interim measures he will put in place to protect their rights and enable appropriate rehabilitation. [46412/12]
View answerThe 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.
31. Deputy Peadar Tóibín asked the Minister for Justice and Equality the steps or proposals that are under active consideration by him to address the issue of the operation of upward only rents. [41613/12]
View answerThe primary responsibility which I have in relation to this matter relates to possible legislative intervention to ban upward only rent reviews in existing commercial leases. The Deputy will recall that following extensive consideration of this matter, the Government announced in December last that it had decided not to proceed with such legislation. There was a substantial concern that any legislative scheme involving interference in the contractual relationships of private parties would find it extremely difficult to survive a Constitutional challenge. In addition, the Government was advised that any model proposed would require the payment of compensation to landlords whose rights were infringed in order to ensure that the proposal would be compatible with the Constitution and with the European Convention on Human Rights. The Government was strongly of the view that payment of compensation to landlords in such circumstances could not be justified in the current economic climate.
Although legislative intervention may not be feasible, NAMA is playing a role in dealing with problems caused by upward only rent reviews applying to NAMA properties, and since the start of the year has approved cumulative rent reductions of over €6 million. I would also mention that I have commenced the Property Services (Regulation) Act 2011 which, amongst other matters, provides for the establishment and maintenance of a Commercial Leases Database by the Property Services Regulatory Authority. This Database will assist in providing readily accessible, accurate information in order to determine the market rent payable in respect of comparable commercial properties. Work is underway to ensure that the Database will be operational at an early date.
Finally, I wish to highlight the existence of a rent review arbitration code which was drawn up by a group of experts whose membership was drawn from all stakeholders in the commercial property arena. The code, which can be found on www.justice.ie, provides a mechanism to deal with the resolution of rent review disputes in the commercial property sector.
32. Deputy Clare Daly asked the Minister for Justice and Equality if he will outline the action he has taken in response to the evidence presented to him in relation to the write off of millions of euro in unpaid motoring charges by Gardaí across the State. [46502/12]
View answer37. Deputy Mick Wallace asked the Minister for Justice and Equality if he has investigated allegations of complicity by members of An Garda Síochána in the writing off of unpaid motoring charges; and if he will make a statement on the matter. [46510/12]
View answerI propose to take Questions Nos. 32 and 37 together.
My Department is reviewing certain allegations which have been made in recent correspondence concerning the enforcement of road traffic law by the Garda Síochána, and it would not be appropriate for me to comment further on them at this stage.
33. Deputy Seán Crowe asked the Minister for Justice and Equality if his attention has been drawn to the motion of the Stormont Assembly on 17 September to introduce a single visa scheme for all visitors to the island of Ireland; and his views on whether it would enhance tourism on the island of Ireland. [44819/12]
View answerI have been made aware of the motion the Deputy is referring to and I am advised that it was defeated. The Irish Short-stay Visa Waiver Programme, which was devised by the Irish Naturalisation and Immigration Service (INIS) of my Department, commenced on 1 July, 2011 and was originally scheduled to run on a pilot basis until the end of October, 2012. It allows tourists or business people who have lawfully entered the UK, including Northern Ireland, on a valid UK visa to travel on to Ireland without the requirement to obtain an Irish visa. The Government decided on 12 March to extend the Programme for a further period of four years i.e. to end October 2016 in the light, particularly, of the positive response from tourism agencies and operators.
The Programme as it operates at present does not for technical reasons allow for reciprocity between the UK and Ireland. This is primarily due to the UK requirement that all visa applicants supply fingerprint (biometrics) data electronically as an essential element of applying for a UK visa. Quite obviously Ireland does not have the capacity to capture such data for all visa applications worldwide; currently for UK visas this is done in over 150 countries.
However, in tandem with the Visa Waiver Programme, work is ongoing, through the regular Common Travel Area Forum meetings between INIS and the UK Home Office, on the development of a short stay Common Travel Area visa which would allow tourists and business visitors to travel to the CTA and to travel freely between Ireland and the UK. It is anticipated that such a visa will prove an attractive option for tourists and business visitors, particularly in the context of the island of Ireland by facilitating visitors to travel freely between Northern Ireland and Ireland without the need for a separate Irish or UK visa.
The Common Travel Area visa proposal is an excellent example of the manner in which the Irish and UK immigration authorities are working in close cooperation both to preserve the integrity of the CTA and to harness its potential to deliver economic and tourism benefits for both countries.
34. Deputy Derek Keating asked the Minister for Justice and Equality in view of the ongoing reports of cannabis cultivation and the sale of prescription drugs here, the law enforcement efforts being made to tackle this illicit drug trade; his views on whether the Gardaí have adequate resources and enough trained drug squad members to deal with this matter; and if he will make a statement on the matter. [46508/12]
View answerAn Garda Síochána continues to prioritise organised crime and the sale and supply of drugs as a core focus for 2012, through the Garda Síochána Policing Plan. Multi-agency approaches have been, and continue to be, used by An Garda Síochána whereby all of the National Units including the National Bureau of Criminal Investigation, the Garda National Drugs Unit and the Garda Technical Bureau, along with the Criminal Assets Bureau, are use to combat serious crime including those involved in the trafficking, importation, sale an supply of illegal drugs.
As referred to by the Deputy, the emergence in recent times of cannabis cultivation sites and the illicit trade in medicines are particular features of the current drugs landscape. In this regard, the Garda National Drugs Unit continues to spearhead ‘Operation Nitrogen’, which is an intelligence-led nationwide operation focused on the discovery, and investigation into, cannabis cultivation sites and the prosecution of persons and criminal organisations responsible for them. As highlighted in the Garda Siochána Annual Report for 2011, this ongoing targeted initiative led to over 500 cannabis grow houses being located under intelligence led operations, resulting in over 26,000 cannabis plants with an estimated value of €10.5m being seized.
With regard to the illicit trade in medicines, I can inform the Deputy that An Garda Síochána continues to work closely with all of the relevant State agencies tasked with the enforcement of the medicines legislation. This was clearly demonstrated by the recent involvement of An Garda Síochána, together with the Irish Medicines Board and the Revenue Customs Service, in Operation Pangea V. This Operation is a long term Interpol operation aimed at policing the online availability of unlicensed and counterfeit medicines.
With regard to the resources available to An Garda Síochána. as the Deputy will appreciate, the allocation of all resources, including personnel, is a matter entirely for the Garda Commissioner in consultation with his senior management and I have no direct function in the matter. Finally I can assure the Deputy of the continued commitment of An Garda Síochána, in cooperation with law enforcement colleagues, to tackling the illegal trade in drugs in all its guises.
35. Deputy Catherine Murphy asked the Minister for Justice and Equality in relation to the recent announcement that extra vehicles will be provided to An Garda Síochána, if he will outline the process by which it is determined the divisions to which the vehicles will be assigned; the way the differences in resource levels around the country will be addressed going forward; and if he will make a statement on the matter. [46409/12]
View answerThe provision and allocation of Garda resources, including transport, is a matter for the Garda Commissioner in the context of his operational requirements. In turn, at Garda Divisional level, the allocation of Garda vehicles is a matter for the Chief Superintendent who may make and revise arrangements for the deployment of vehicles throughout a Division in response to policing demands. This flexibility in allocating and re-allocating vehicles among stations, so as to best match resources with policing priorities, is crucial to the efficient management of the Garda fleet.
I am advised by the Garda authorities that the deployment of transport resources is the subject of on-going analysis and review. This process allows Garda management to allocate available resources within the Force in the most appropriate manner and to ensure an efficient service. I am very pleased that arrangements have been put in place, with special funding being made available for that purpose, to allow the Garda authorities to purchase a significant number of new vehicles. I have no doubt that the provision of an additional 170 vehicles will considerably strengthen the overall effectiveness of the Force in delivering a policing service throughout the country. The vehicles are due to be commissioned in December/January and they will be deployed by the Garda authorities in line with policing requirements.
