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Wednesday, 14 Nov 2012

Written Answers Nos. 208-217

Prison Staff

Questions (208)

Pádraig MacLochlainn

Question:

208. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he plans a review of training for prison officers employed in St. Patrick's Institution, Dublin; if disciplinary action has been initiated against any member of staff following publication of a report by the Ombudsman for Children on children in St. Patrick's Institution. [50450/12]

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Written answers

I have been assured by the Director General of the Irish Prison Service that the training needs of prison staff are constantly subject to review by the dedicated team attached to the Irish Prison Service Training and Development Centre.

All Recruit Prison Officers complete an awareness programme on "Young People in Prison" as part of their initial training in the Irish Prison Service Training and Development Centre. The Prison Service Training and Development Centre has also developed a "Staff Working with Young People Awareness Programme" which has recently been delivered to the prison officers working with children in St. Patrick's Institution. Following this initial awareness programme further training has been identified and a comprehensive "Staff Working with Young People Awareness Programme" is currently being developed by the Prison Service Training and Development Centre which will be delivered to all staff working in St. Patrick's Institution before the end of this year.

The Management Team in St Patrick's completed an ILM Level 5 (FETAC Level 6) Leadership Award in September this year and between October and December 2012, all St Patrick's Management staff (Governors and Chief Officers) will have completed the "Leading Together" IMI Situational Leadership Programme. This is a senior executive programme developed as a means of learning new, and improving existing skills in - leadership; motivation; skills for leading teams and groups; and leadership skills for major organisational change.

In addition, a specific "Children First" training programme has also been designed, in conjunction with the Health Services Executive which is intended for delivery to staff attached to St Patrick's during the coming months.

The appointment of two training Liaison Officers to the Mountjoy Campus under the management of the Training and Development Centre will be completed shortly and will assist in the delivering and managing localised training for staff in St. Patrick's Institution. In addition, a number of staff in St. Patrick's Institution have been developed as Training Support Instructors and they will assist in the delivery of identified localised training.

The Irish Prison Service in consultation with the Irish Human Rights Commission has also developed a Human Rights in Prison Course and the first of these joint courses will be delivered to Training Staff in January 2013 and will then be rolled out to all prison staff.

As the Deputy may be aware a new complaints procedure was introduced on 1 November 2012 in all prisons which involved the establishment of a panel of 22 external Investigators. I have instructed the Director General of the Irish Prison Service to direct the new Investigators to commence an examination of previous complaints in St Patrick's Institution. I can assure the Deputy that should breaches of discipline be found to have occurred, the officers responsible will be subject to the disciplinary process in accordance with the Prison (Disciplinary Code for Officers) Rules.

Prisoner Welfare

Questions (209)

Pádraig MacLochlainn

Question:

209. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if his attention has been drawn to the fact that the Ombudsman for Children has stated in relation to St. Patrick's Institution that senior officials in his Department had an attitude of indifference towards the young offenders and had no respect for them because they had broken the law; and if he will respond to her comments. [50451/12]

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Written answers

I can assure the Deputy that I greatly valued the report prepared by the Ombudsman for Children, Emily Logan, last year following her discussions with young people detained in St Patrick's. Her work is much appreciated and she can be assured of my full support.

My Department also appreciates the work of the Ombudsman for Children. Any issues relating to the health and welfare of children and young persons are treated with the utmost seriousness by my Department; Ms. Logan and the work of her Office are held in the highest of respect. It was never my Department's intention to give any other impression.

In this context, in July of this year, I extended the remit of the Ombudsman for Children to include the examination of complaints from children detained in St Patrick's Institution. This is something she had been seeking for a number of years that previous Governments had refused to authorise. She can be assured of my Department's full support and will be facilitated in every way possible.

Services for People with Disabilities

Questions (210)

Pádraig MacLochlainn

Question:

210. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he met with the Department of Finance on the issue of ensuring that persons with disabilities and their families and carer's are not affected by cuts in Budget 2013; and if he will make a statement on the matter. [50452/12]

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Written answers

I would like to inform the Deputy that payments to persons with disabilities and their families and carers do not fall under the remit of the Department of Justice and Equality.

Road Traffic Offences

Questions (211)

Finian McGrath

Question:

211. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding illegal parking (details supplied) in Dublin 5 [50456/12]

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Written answers

I am informed by the Garda authorities that the location referred to is within the Coolock Garda District. Local Garda management is aware of difficulties in relation to parking in the area.

I am further informed that the area referred to is patrolled by uniform and plain-clothes units, including the Community Policing Unit, supplemented as required by Traffic Corps personnel. The Garda authorities have also advised that a designated Community Garda who patrols the area is in contact with local residents.

I am also advised that An Garda Síochána regularly conduct enforcement operations to ensure that road traffic legislation is complied with. Members of An Garda Síochána issue fixed charge notices to vehicles that are parked illegally or causing obstructions.

I am assured that local Garda management continue to monitor this area and where breaches of the law are detected the appropriate action is taken.

Commissions of Investigation

Questions (212)

Finian McGrath

Question:

212. Deputy Finian McGrath asked the Minister for Justice and Equality if he will provide a commission of inquiry into the death of a person (details supplied) and the serious allegations of a cover up. [50457/12]

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Written answers

I am informed by the Garda authorities that the examination of the incident 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'm sure the Deputy will agree that, in the first instance, we need to allow the present Garda examination to proceed to its conclusion.

Public Sector Reform Review

Questions (213)

Éamon Ó Cuív

Question:

213. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of bodies that have been abolished or amalgamated by his Department out of the list of bodies listed in the public service reform document of 17 November 2011; the savings or cost of this in 2012; the projected savings or cost of this programme in 2013; and if he will make a statement on the matter. [50543/12]

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Written answers

As the Deputy is aware, the radical streamlining of State bodies is a key deliverable of the Public Service Reform Plan, published in November 2011. This streamlining includes the rationalisation of 48 bodies by the end of 2012, as well as the critical review of a further 46 bodies to take place by the end of June 2012. Details of the bodies involved are set out in Appendices IIa and IIb of the Plan which can be found at: http://reformplan.per.gov.ie/files/2012/01/Public-Service-Reform-28112011.pdf.

On 31 October 2012, my colleague, the Minister for Public Expenditure and Reform, announced an update in relation to the programme of rationalisation of State bodies.

While these rationalisations will deliver savings to the taxpayer, the real benefits lie in the simplification of the administrative landscape, thereby ensuring greater accountability, less duplication of effort and more transparent lines of responsibility of public servants. It is not possible at this time to specify anticipated savings on an individual State body basis. However, the Public Service Reform Plan indicated that across the public service as a whole, savings of 20 million euro in enhanced service efficiencies and value-for-money are envisaged from the rationalisation programme.

With regard to State bodies under the aegis of my own Department, the bodies which are to be rationalised, amalgamated or abolished in 2012 are:

Equality Tribunal (Rationalise the industrial relations/employee rights institutions - Labour Court, Labour Relations Commission, Employee Appeals Tribunal, National Employment Rights Authority and Equality Tribunal into single agency). This overall rationalisation of industrial relations institutions is being lead by my colleague, the Minister for Jobs, Enterprise and Innovation. The General Scheme of a Bill to provide for this measure has been approved by Government. Our two Departments have agreed that administrative responsibility for the Tribunal will transfer to the Department of Jobs, Enterprise and Innovation from 1 January 2013.

Equality Authority, Human Rights Commission (Merge to form new Human Rights and Equality Commission). I published the General Scheme of a Bill to replace the Equality Authority and the Human Rights Commission with a new Irish Human Rights and Equality Commission on 5 June 2012. The Bill is currently being drafted and it is intended to have the legislation in place early next year. In parallel, arrangements are being made to select members of the new Commission. This is being handled by an independent Selection Panel set up for that purpose. Advertisements inviting applications were published last Sunday, with a deadline of 29 November for submission of applications. The successful applicants will be appointed to the two existing bodies, pending enactment of the necessary legislation to effect the merger. This will ensure that the two organisations can start to operate as a cohesive whole, with a transition programme being prepared and put in place, that the board(s) can commence preparing a Strategic Plan for the new body and that work can be taken forward rapidly on the staffing review envisaged in the Working Group report.

With regard to those bodies under the aegis of my Department, subject to critical review, and which recommend proceeding with the measure (i.e. to be achieved by end 2013), these are as follows:

Forensic Science Laboratory: The Forensic Science Laboratory is to be brought within the ambit of the State Laboratory. No savings or costs are likely to arise in 2012. A working group is to be established to develop and work through areas of savings and future synergies.

Prison Visiting Committees (Reduce or merge Visiting Committees as there is now a Prison Inspectorate). The Government has approved the drafting of a General Scheme of an Inspection of Places of Detention Bill, which will include provisions to make Visiting Committees more effective, while they continue their role of visiting prisons, meeting with prisoners, and liaising on their behalf with prison authorities. A link will be established between the Visiting Committees and the Inspector of Prisons. As part of these plans, it is intended to expand the role of the Inspector of Prisons. Under the proposed arrangements, it is my intention that Visiting Committees would be able to report any urgent or major matter to the Inspector at any time. Subject to competing legislative priorities, it is expected that the General Scheme will be published by the end of the year. When work on preparation of the General Scheme has been completed, I will be seeking Government approval for its publication to facilitate a consultation process in advance of drafting and publication of the Bill.

Property Registration Authority (Merger the Valuation Office, Ordnance Survey Ireland and the Property Registration Authority). Following the Government approval of the recommendation of the Critical Review on this proposal that a merger should proceed, work is commencing to advance this proposal.

Reception and Integration Agency, Office of the Refugee Applications Commissioner and Refugee Appeals Tribunal (Rationalise various Refugee Structures). Consolidation of refugee structures will be addressed through the Immigration, Residence and Protection Bill. The Bill will provide for the Office of the Refugee Applications Commission (ORAC) to be subsumed into INIS - the Irish Naturalisation and Immigration Service. The Bill will also provide for the replacement of the Refugee Appeals Tribunal with the new Protection Review Tribunal.

Court Accommodation Provision

Questions (214)

Paudie Coffey

Question:

214. Deputy Paudie Coffey asked the Minister for Justice and Equality the progress that has been made in respect of the renovation of Waterford Courthouse as announced earlier this year; and if he will make a statement on the matter. [50554/12]

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Written answers

In July, the Government announced an infrastructure stimulus package which includes seven courthouse projects. As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that discussions are ongoing with the Office of Public Works and the National Development Finance Agency with a view to progressing these projects.

The Waterford project involves a refurbishment and extension of the existing courthouse. I am informed that the current position is that outline design work has been undertaken and discussions are ongoing with Waterford City Council in relation to the site.

Departmental Staff Promotions

Questions (215)

Maureen O'Sullivan

Question:

215. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the number of promotions made in his Department to principal officer higher scale, principal officer standard scale, assistant principal officer higher scale, assistant principal officer standard scale, higher executive officer scale, executive office scale and staff officer scale; the total for all of his Department; if he will provide a breakdown for for 2009, 2010, 2011 and to date in 2012; and if he will make a statement on the matter. [50980/12]

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Written answers

In respect of the number of substantive promotions made in my Department for the grades and years identified by the Deputy the following table provides the relevant details:

Year

PO

APO

HEO

EO

SO

2009

1

1

33

-

-

2010

4

3

-

7

-

2011

1

-

1

-

-

To date 2012

1

6

5

2

-

I understand that the promotions to date in 2012 are temporary in nature with specific expiry dates applying to each of them. In addition, the position of Director of Operations in the Prisons Service was filled on a substantive basis following a competition by a serving Principal Officer.

As the Deputy will be aware in March 2009 the Government introduced a moratorium on the filling of vacancies in the public service, either by way of recruitment or promotion. Sanction must be obtained from the Department of Public Expenditure and Reform to effect any promotions. I am advised the necessary sanctions to make the above promotions were obtained.

Defence Forces Reorganisation

Questions (216, 217)

Clare Daly

Question:

216. Deputy Clare Daly asked the Minister for Defence the number of staff at McKee Barracks that were instructed that they would have to move to Athlone by 1 December; the basis for this decision and the financial supports available to the staff involved. [50303/12]

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Mary Lou McDonald

Question:

217. Deputy Mary Lou McDonald asked the Minister for Defence if he will provide details of the personnel rank and so on to be moved from McKee Barracks in Dublin as part his Departments reorganisation of the Permanent Defence Forces; the location to which the personnel are being moved; and the provisions being put in place to support the personnel and their families who are being asked to relocate. [50440/12]

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Written answers

I propose to take Questions Nos. 216 and 217 together.

The implementation of the major reorganisation of the Defence Forces in order to maintain their operational capability is progressing in full consultation with serving personnel and their Representative Associations. All options to avoid the need for personnel to relocate are being explored as part of this process. Personnel are being offered the opportunity for reassignment within their current locations where this is feasible, together with opportunities for re-training and re-skilling. In addition, a review system has been put in place whereby personnel who are unhappy with a proposed relocation can seek a review of a decision. Inevitably, given the scale of the reorganisation, it will be necessary for some staff to move to new locations.

The creation of a new two Brigade structure for the Army under the reorganisation has resulted in Combat Support Units being reduced from nine units to six. The Field Engineer companies based in McKee Barracks fall into this category, and the Headquarters element and Field Engineer Company are being relocated to Custume Barracks, Athlone. The 2 Field Artillery Regiment based in McKee Barracks are also relocating as part of this process.

Pending the full rollout of the reorganisation plan it is not possible to say how many personnel can be facilitated though the reassignment process. However, there is no question of families being moved or being required to move arising from the reorganisation and this is a matter for each individual to decide. The reality is that many Defence Forces personnel currently assigned to McKee barracks are not resident in Dublin and commute on a daily basis, which is a common feature across both the public and private sector of a modern, flexible and mobile working population in Ireland today. The reassignments have in fact offered the opportunity for many personnel currently based in McKee Barracks to move to locations which are more favourable to their personal circumstances. In this regard 42 personnel across all ranks up to Commandant are taking the opportunity to relocate on a voluntary basis.

It is important to restate that the reassignment, promotion and appeals processes are still ongoing and that the numbers of personnel to be mandatorily reassigned remains fluid at this point making it impossible to give final definitive figures at this juncture.

All members of the Defence Forces reassigned under the Defence Forces Reorganisation Plan 2012 are entitled to Change of Station Allowance in circumstances where they meet the qualifying criteria. The Defence Forces Personnel Support Service has a representative in every Barrack or Installation to which personnel are being reassigned and these individuals are in a position, using both internal and external resources to provide the necessary supports to the redeploying personnel and their families if applicable, as was previously provided during recent Barrack closures and redeployments.

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