Written Answers Nos. 158-172
158. Deputy John Browne asked the Minister for Justice and Equality the schedule of fees and claims which barristers and solicitors can make for indictable cases; and if he will make a statement on the matter. [46964/12]
View answerI take it the Deputy is referring to fees under the Criminal Legal Aid Scheme. Under the relevant regulations, fees paid to counsel acting in the Circuit and higher courts for defendants who have been granted free legal aid are paid on a parity basis with the fees payable to prosecution counsel as set by the Director of Public Prosecutions. The fees paid to solicitors for the defendant are related to those paid to junior counsel. Details of the main fees payable are set out in the table below. It should be noted that these fees were subject to reductions of 10% from 1 October 2011 as well as reductions of 8% in 2009 and 2010.
The regulations also provide that any disbursements that are reasonably made for the purposes of a case and are of a reasonable amount are also payable e.g. photocopying costs may be claimed at 11c per page. This rate was also reduced in 2011. The travel rate payable to solicitors was reduced with effect from 13 July 2011 to 24c per km and the subsistence rate was reduced by 50%. There is no entitlement for counsel to claim travel and subsistence under the regulations.
It should be noted that expenditure on criminal legal aid to 30 September, 2012 was €36.8m which is a 12.5% decrease over the same period last year.
SCHEDULE OF MAIN FEES
Senior Counsel
|
Court |
Brief |
Refresher |
Sentence |
Adjourned Sentence |
|
Circuit Court |
€1,716 |
€858 |
€370 |
€185 |
|
Central Criminal Court/Murder |
€7,127 |
€1,562 |
€370 |
€185 |
|
Central Criminal Court/Rape |
€5,704 |
€1,562 |
€370 |
€185 |
Junior Counsel
|
Court |
Brief |
Refresher |
Sentence |
Adjourned Sentence |
|
Circuit Court |
€1,144 |
€572 |
€247 |
€124 |
|
Central Criminal Court/Murder |
€4,752 |
€1,041 |
€247 |
€124 |
|
Central Criminal Court/Rape |
€3,803 |
€1,041 |
€247 |
€124 |
Solicitor
|
Court |
Brief |
Refresher |
Sentence |
Adjourned Sentence |
|
Circuit Court |
€1,144 |
€418 |
€180 |
€90 |
|
Central Criminal Court/Murder |
€7,127 |
€750 |
€180 |
€90 |
|
Central Criminal Court/Rape |
€3,803 |
€760 |
€180 |
€90 |
159. Deputy Niall Collins asked the Minister for Justice and Equality the annual budgets assigned to third level courses over the past ten years in An Garda Síochána broken down by year. [46988/12]
View answerI have requested the information sought by the Deputy from the Garda authorities. I will be in contact with the Deputy when this information is to hand.
160. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide a detailed breakdown of the way the annual budget for third level courses that has been apportioned for example, in house training courses such as the Garda Executive Leadership Programme and external courses third level courses such as Primary and Higher Degrees. [46989/12]
View answerI have requested the information sought by the Deputy from the Garda authorities. I will be in contact with the Deputy when this information is to hand.
161. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide a breakdown of the ranks/grades successful in the allocation of funding for external courses; and the percentages paid per member by rank/grade 100%, 50%, 30% and so on. [46990/12]
View answerI am informed by the Garda authorities that in 2011 eight Garda personnel received 100% funding for external courses. The general breakdown was as follows:
|
- |
No. |
|
Sergeant |
1 |
|
Garda |
5 |
|
Civilian Staff |
2 |
I am further informed that in 2011 sixty two Garda personnel received 33% funding for partially funded external courses. The general breakdown was as follows:
|
- |
No. |
|
Inspector |
2 |
|
Sergeant |
20 |
|
Garda |
20 |
|
Civilian Staff |
20 |
162. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide a breakdown of instances in which fees have been paid out to members and civilians and courses have not been completed, with the consequent loss of the course fees paid by the Garda Síochána. [46991/12]
View answerI am informed by the Garda authorities that there are two types of relevant courses - partially funded courses and sponsored courses. Partially funded courses are courses where Garda personnel, including civilian staff, pay for themselves and at the successful conclusion of the course they submit a claim for a reimbursement of fees. Such fees will only be paid if the person successfully completes the course and this ensures that there is no loss of fees on the part of An Garda Síochána. Sponsored courses are funded directly by the State and persons who participate do not have to pay for the courses themselves. Where Garda personnel do not complete sponsored courses they are reallocated to other personnel to the maximum extent possible. I understand from the Garda authorities that the number of situations where these courses have not been completed is not readily available and could only be compiled using Garda resources which are required for other purposes.
163. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide a breakdown of ranks/grades who have been awarded course fees and who retired either prior to completion of the course, or within two years of completion of the course; and in such cases if he will provide a breakdown of the numbers of those who repaid the fees expended, as provided for in the Garda Code. [46992/12]
View answerI am informed by the Garda authorities that the information requested is not readily available and would require a disproportionate amount of Garda time and resources to compile.
164. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his view on whether there needs to be further mandatory guidelines for the judiciary in relation to serious sexual assaults; if he intends to require the judiciary to develop consistent sentencing policy in relation to sexual assaults; if the practice of the UK judiciary in consulting the public and legal stakeholders on sentencing policy and guidelines could be developed within the Irish judicial system; and if he will make a statement on the matter. [47017/12]
View answerThe Deputy will appreciate that judges are independent in the matter of sentencing as they are in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. In accordance with this principle, the traditional approach to sentencing is for the Oireachtas to lay down the maximum penalty and for a court, having considered all the circumstances of the case, to impose an appropriate penalty up to that maximum. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present. There are, of course, a small number of situations where statute has created important exceptions to this approach most notably by providing for mandatory sentences for murder and presumptive minimum sentences in the case of certain firearms and drug trafficking offences. It is important to note that the Director of Public Prosecutions may apply to the Court of Criminal Appeal to review a sentence she regards as unduly lenient.
As regards seeking consistency in sentencing generally, the Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Sentencing practice is also being actively developed by the judiciary with the help of the Irish Sentencing Information System or "ISIS" which is an initiative of the judiciary and is an electronic system designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions.
It is worth noting that the Law Reform Commission, after detailed study some years ago, specifically recommended against the introduction of statutory sentencing guidelines. For my own part, I would not favour an undue interference in the independence of the judiciary. The decision on what kind of sentence to impose is a judicial determination and, except for exceptional circumstances, I am of the view that the Oireachtas should be cautious in prescribing mandatory sentences. A point was made in the Commission's report that the more detailed the requirements of any statutory sentencing procedure, the more likely it was that mistakes would arise leaving sentences open to challenge on technical grounds only. I should add that the Law Reform Commission has been asked to consider and, if appropriate, recommend reforms in the law in relation to mandatory sentencing. The Commission will consider the use of mandatory sentences for offences in general terms along with approaches based on "ranges of sentences". They have published a consultation paper and I look forward to receiving their final recommendations in due course.
The Deputy might also be interested to note that the subject of criminal sanctions has been a key component in the White Paper on Crime process which my Department has been engaged in since 2009. It was addressed specifically in a consultation seminar held in 2010 and was part of a discussion document and a call for written submissions. A wide range of detailed submissions was received in response to the discussion document and a report on these submissions, along with a summary of the consultation meeting, was published last year. These reports are available on my Department's website (www.justice.ie). The input received will feed into the overall White Paper process and will provide a comprehensive framework for future crime policy in the form of a National Anti-Crime strategy.
Finally, as the Deputy may be aware, I recently announced an all encompassing strategic review of penal policy. I have established a working group to carry out this review in line with the recommendations of the Thornton Hall Project Review Group which published its report last year. The review will examine all aspects of penal policy including sentencing policies and I expect the Group to report by mid 2013.
165. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of Gardaí that attended the recent training course for use of Intoxilysers on 16 October last; the number of Gardaí that will attend the next training course; and if he will make a statement on the matter. [47019/12]
View answerArrangements are being put in place to train 220 members in An Garda Síochána in evidential breath testing. I have been informed by the Garda Commissioner that the training course scheduled for 16 October 2012 had to be postponed. This postponement was agreed in consultation with staff from the Medical Bureau of Road Safety. It is envisaged that this course will now be delivered in late November 2012.
166. Deputy Thomas Pringle asked the Minister for Justice and Equality the position regarding the review on the regulation on prostitution; when the review will be published; and if he will make a statement on the matter. [47020/12]
View answerThe review referred to by the Deputy is ongoing.
In June of this year, and as part of the review, I published a discussion document on the future direction of legislation on prostitution. The purpose of the discussion document is to facilitate a public consultation process. On its publication, the discussion document was referred to the Joint Oireachtas Committee on Justice, Defence and Equality. The joint committee is conducting the consultation process and has been asked to report back to me by the end of November.
In addition, my Department hosted a conference on 13 October to discuss the consultation paper. A report of the conference will be published as soon as possible.
The report of the joint committee and the views expressed at this month's conference will be fully considered in the framing of any necessary legislative proposals to be submitted to Government in due course.
For further background, I set out below the text of my statement of 22 June last when publishing the discussion document.
Shatter Announces Publication of Discussion Document on the Future Direction of Legislation on Prostitution
The Minister for Justice, Equality and Defence today published a discussion document on the future direction of legislation on prostitution. Publication of the discussion document follows the Minister’s announcement that he would be arranging a public consultation process as part of the current review of prostitution legislation. Announcing publication of the discussion document, Minister Shatter said:
"The criminal law in this area is being reviewed primarily because of the changed nature of prostitution in Ireland. Prostitution was once mainly a street-based phenomenon. That is no longer the case. The organisation of prostitution is now much more sophisticated, highly mobile and is easily facilitated by the use of mobile phones and the internet.
There is, of course, already a clear consensus on the great evils of child prostitution and trafficking for the purposes of sexual exploitation. However, I am aware that there are differing and genuinely held views on the approach the criminal law should take to other aspects of prostitution. While there is a significant amount of criminal legislation in this area already, there is always scope for change and improvement. It is important to review the law periodically to ensure it is up to date and comprehensively responds to altered circumstances."
The Minister added that: "Prostitution is an issue which affects individuals, communities and society as a whole. It is important that I facilitate the expression of all views on this subject and that those views are examined in due course. Public debate should therefore, be open to the widest possible audience and I want to ensure that everyone who wishes to make a contribution to this important debate is given the opportunity to do so. It is for that reason I have decided on a consultation process before charting the way forward.
My Department will hold a conference in the autumn to discuss the document. The widest possible participation will be encouraged in order that we have an open and transparent discussion on all aspects of this very important issue.
This discussion document will now be referred to the Joint Oireachtas Committee on Justice, Equality and Defence. Interested groups and members of the public, I expect, will be invited to make submissions to the Committee which will hold such hearings as it deems appropriate. I am asking Mr. David Stanton T.D., Chairman of the Joint Committee, that it publish its report and recommendations by the 30th November 2012 and that the report be furnished to me together with any submissions received. I expect it is likely that the Committee’s report will also be lodged in the Oireachtas Library and that a debate on it will subsequently take place in both the Dáil and the Seanad. The report received by me from the Joint Oireachtas Committee will be fully considered in the framing of any necessary new legislative proposals to be submitted to Government in due course.
I look forward to the results of the consultation process."
The discussion document is attached below and will be made available on the Department’s website, www.justice.ie This discussion document does not favour any particular approach but simply tries to assist reflection. The arguments contained in the document are not exhaustive and the questions posed are not intended to limit in any way the range of questions readers might want to consider.22 June, 2012
167. Deputy Barry Cowen asked the Minister for Justice and Equality if he will provide the name, costs, date of commission, date or expected date of publication and name of the external consultant of all external reports commissioned by his Department since March 2011. [47080/12]
View answerI wish to advise the Deputy that the information requested is summarised in the table below:
Amounts Spent Since March 2011 on External Reports Commissioned by the Department of Justice and Equality
|
Report Name/Purpose |
Report Description |
Cost (€) |
Date of Commission |
Date/Expected Date of Publication |
Name of External Consultants Employed |
|
Strategy Development |
An audit on the Financial Shared Service Payroll and Financial Management Systems - these are specialist audits to ensure that these key systems have effective internal controls in place |
12,677 |
May 2012 |
Not for Publication. |
Mazars |
|
Prisoner Release |
Enquiry into the circumstances surrounding the release of (a prisoner) from the Dóchas Centre |
15,000 |
April 2011 |
Not for Publication. |
Mr. John O'Sullivan (Retired Prison Governor). |
|
Report on the workshop of National Traveller Committees |
Report on a workshop of committees |
2,450 |
15 June 2012 |
23 November 2012 |
Mr. Owen McCarthy |
|
Report on ‘Ethnicity and Travellers: an Exploration’ conference proceedings |
Report on an NTMAC conference |
2,200 |
26 September 2012 |
14 December 2012 |
Mr. Owen McCarthy |
|
Review of the Implementation of the National Strategy on Domestic, Sexual and Gender-based Violence 2010-2014 |
A mid-term review of progress in the implementation of the National Strategy on Domestic, Sexual and Gender-Based Violence 2010-2014. |
24,539 |
February 2012 |
December 2012 |
The Institute of Public Administration |
|
Dept. of Justice & Equality Safety Statement, May 2012. 51 St. Stephen's Green, Dublin 2. |
The preparation of a Safety Statement and Risk Assessment Investigation. |
984 |
January 2012 |
Not for Publication. |
Dermot Foley, Safecon Training & Consultancy. |
|
Drugs and Alcohol Misuse. |
Research on Drugs and Alcohol Misuse among Adult Offenders on Probation Supervision in Ireland |
9,958 |
September 2011 |
Not for Publication. |
Michelle Martyn. |
168. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding a determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [47095/12]
View answerOfficials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.
Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must
- be of full age
- be of good character
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years
- intend in good faith to continue to reside in the State after naturalisation
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.
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.
169. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 1235 of 18 September 2012, if any particular provision will be made whereby their residency status can be regularised by way of upgrading their position of through work permit; and if he will make a statement on the matter. [47096/12]
View answerAs previously outlined in my answer to Dail Question 1235 of 18 September 2012 the Irish Naturalisation and Immigration Service (INIS) have not received an application from the person mentioned by the Deputy. The criteria for Students resident in the State remains as outlined in my previous response of 18 September 2012. While it is open to the person to apply for a work permit the decision to grant or refuse such an application is solely a matter for the Minister for Jobs, Enterprise and Innovation. Information is available on www.djei.ie.
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.
170. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the residency or entitlement to naturalisation in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [47097/12]
View answerThe person concerned is a sibling of an Irish born child of non-EEA parents born in the State prior to 1 January, 2005. The person concerned was granted temporary permission to remain in the State on the basis of family dependency by the Irish Naturalisation and Immigration Service (INIS) on 14 November, 2007. This permission was renewed subsequently and is currently valid until 10 October, 2013.
I am advised by INIS that an application for a certificate of naturalisation was received from the person referred to by the Deputy in April, 2012. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible. The nature of the naturalisation process is such that for a broad range of reasons some cases will take longer than others to process.
As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is a statutory requirement that, inter alia, applicants for naturalisation be of good character. In some instances that can be established relatively quickly and in other cases completing the necessary checks can take a considerable period of time. I can, however, inform the Deputy that enormous progress has been made in dealing with the backlog and steps are being taken to process all outstanding applications and to have made significant inroads into them by the end of this year.
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.
171. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when an update of stamp 2 will be approved in the case of a person (details supplied) in County KIldare; and if he will make a statement on the matter. [47098/12]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy entered the State on 19 May 2006 and registered with the Garda National Immigration Bureau (GNIB) on the 23 June 2006. He had his permission to remain as a student renewed on an annual basis until 30 September 2012. The General Immigration Division of INIS are currently considering an application for further permission to remain from the person concerned. I am informed that the person is seeking further permission to remain in the State for reasons other than study. I expect a decision to issue in this case shortly.
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.
172. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the full cost to the Exchequer in the previous 12 months for his Department staff attending conferences including registration fees and travel. [47153/12]
View answerAccording to records, a sum of €32,423 was incurred in my Department over the 12 month period to 30th September 2012, in staff conference related expenses. I would like to assure the Deputy that the attendance by my officials at such conferences is a necessary part of and fully in accordance with their roles within my Department.
