Written Answers Nos. 337-353
337. Deputy Joe Higgins asked the Minister for Justice and Equality if he will consider revising Private Security Authority licence fee costs for access control and CCTV in view of the financial pressure this is putting on sole trader electricians and small businesses. [55547/12]
View answerThe Private Security Authority, an independent agency under the remit of my Department, is the regulatory body with responsibility for regulating and licensing the private security industry in the State.
My Department and the Authority are in consultation, at present, about the licence fees charged by the Authority,having regard to a number of issues, including concerns which have been expressed about the current fee structure.
338. Deputy Mary Mitchell O'Connor asked the Minister for Justice and Equality the reason the decision was made prior to the budget 2012 to scrap the budget for equality proofing; the ramifications, if any, the lack of funding for equality had in 2012; and if he will make a statement on the matter. [55561/12]
View answer339. Deputy Mary Mitchell O'Connor asked the Minister for Justice and Equality the impact budget 2013 will have on the process of equality proofing; and if he will make a statement on the matter. [55562/12]
View answerI propose to take Questions Nos. 338 and 339 together.
I presume the Deputy is referring to the funds from the European Social Fund (ESF) available to the Equality Authority in respect of an Equality Mainstreaming project led by a dedicated Unit in the Authority. This budget has not been abolished. Instead a new streamlined arrangement has been put in place whereby the Equality Authority receives reimbursements directly from the ESF, rather than being routed through my Department. The Equality Mainstreaming Unit in 2012 continued its work to contribute to improving access to the labour market for specific groups experiencing barriers to employment.
The Government has maintained the existing level of Exchequer grant-in-aid funding for the Equality Authority and the Human Rights Commission in the provision made in Budget 2013 for the new Irish Human Rights and Equality Commission. While the Equality Authority sets its own priorities for the year, it is expected that equality proofing activities will continue under the Equality Mainstreaming project on the same basis as in 2012.
340. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the nature and extent of additional documentation required and still outstanding in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [55607/12]
View answerI refer the Deputy to my reply to Parliamentary Questions numbered 627 of 11th January 2012, 1261 of 18th September, 2012 and 198 of 29th November, 2012.
I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person concerned was granted permission to remain in the State for one year in 2000 under the arrangements then in place for the non-EEA national parents of Irish born children. This permission was renewed subsequently and the last renewal was valid to 1st September 2008, the expiry date on the passport of the person concerned.
I am informed that an application was received in the INIS on 23rd August 2012 from the solicitor of the person concerned to regularise her status in the State. I understand that a request was made for additional documentation on 5th October, 2012 by officials in INIS. However, I am informed that no response has been received to date. Upon receipt of the appropriate documentation, the case of the person concerned will be further examined and a decision made on her case. The additional documentation which was requested from the legal representative of the person included her current passport, two signed passport sized photographs, a letter from the Department of Social Protection as regards any social welfare benefits, a letter from her employer and payslips if she is in employment, and proof of her current address to include a tenancy agreement and utility bills.
Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.
341. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 200 of 29 November 2012, if the recent fee increase also applies to updates of residency status; and if he will make a statement on the matter. [55609/12]
View answerThe recent fee increase to which the Deputy refers is in respect of the issue of a registration certificate (card) to a non-national by his or her registration officer. A non-national who is subject to registration requirements is required to pay the fee for the issue of a registration certificate to him or her (including renewals) unless he or she is subject to the waiver categories set out in the fee Regulations.
342. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of members of an Garda Síochána that took part in the intoxilyser training course on 6 December 2012; and if he will make a statement on the matter. [55630/12]
View answerI am informed by the Garda authorities that 18 members took part in Evidential Breath Testing Training over two days on 6-7 December 2012.
343. Deputy Finian McGrath asked the Minister for Justice and Equality if he will outlaw the payment for sex to help combat the exploitation of women and sex trafficking (details supplied). [55675/12]
View answerIn June of this year, 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. Chapter 5 sets out four broad approaches to legislative policy on prostitution, for discussion. 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 will report back to me when it has completed its work.
In addition, my Department hosted a conference in October to discuss the consultation paper.
The report of the joint committee and the views expressed at the conference will be fully considered in the framing of any necessary legislative proposals to be submitted to Government in due course.
The Deputy will appreciate that until the consultation process and review are completed, it would not be proper to commit to any particular legislative approach. There are differing and genuinely held views on the appropriate legislative response to prostitution. The consultation process must be and be seen to be objective, transparent, open-minded and fair. For further background, I am appending 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
344. Deputy Bernard J. Durkan asked the Minister for Justice and Equality following the announcement of the closure of a number of Garda stations around the country, the extent to which it is anticipated that new rostering or other measures is likely to manifest itself in a greater degree of Garda visibility and or mobility; the extent to which this is expected to assist in the fight against organised crime and anti-social behaviour; and if he will make a statement on the matter. [55683/12]
View answer345. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he expects the new rostering arrangement for an Garda Síochána to manifest itself in the form of the availability of extra Gardai on patrol particularly in the wake of reduced numbers in the force; and if he will make a statement on the matter. [55684/12]
View answerI propose to take Questions Nos. 344 and 345 together.
The Commissioner's Policing Plan for 2013, which I laid before both Houses of the Oireachtas on 5th December 2012, sets out details of the closure of 100 Garda stations throughout the country, the future opening hours of other stations in Cork and Dublin and a number of District amalgamations. It is important to remember that while some Garda stations are listed for revised opening hours from 24 hour stations, they will remain as functioning Garda stations on a 24 hour basis. The full list of these details is available in the Policing Plan which is available in the Oireachtas Library.
These changes to the delivery of policing services provide for effectiveness and efficiencies through a programme of restructuring and reconfiguration of service delivery methods. They are supported by changes to work practices within the new rostering arrangements which were introduced on a pilot basis last April.
The new Garda roster is designed to better match the availability of Gardaí with policing demands at national and local level, while also safeguarding the welfare of members. This and other reforming measures seek to maximise the efficiency of the Garda Síochána so that, even with reduced strength, an effective community-led, high-visibility policing service will continue to be delivered across the country. The new roster system has already increased Garda visibility in communities.
346. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total strength of an Garda Síochána in each of the past ten years; and if he will make a statement on the matter. [55685/12]
View answerI have been informed by the Garda Commissioner that the personnel strength of An Garda Síochána on 31 December 2002 - 2011 and on 30 November 2012, the latest date for which figures are readily available, was as set out in the table.
|
Year |
Strength |
|
2002 |
11,895 |
|
2003 |
12,017 |
|
2004 |
12,209 |
|
2005 |
12,264 |
|
2006 |
12,954 |
|
2007 |
13,755 |
|
2008 |
14,412 |
|
2009 |
14,547 |
|
2010 |
14,377 |
|
2011 |
13,894 |
|
30/11/2012 |
13,459 |
347. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the anticipated number of retirements from an Garda Síochána in each of the next five years; and if he will make a statement on the matter. [55686/12]
View answerMembers of An Garda Síochána may retire on a voluntary basis once they have reached 50 years of age and have accrued 30 years service. Members must retire on compulsory age grounds on reaching the age of 60.
In actual fact, most Gardaí take voluntary retirement ahead of their compulsory retirement age and it is not possible to predict with any certainty the number of Gardaí who will leave the Force during the course of any one year.
The below table show the number of voluntary retirements so far notified for 2013 (although this is not a basis for forecasting the likely number of retirements) and the current number of compulsory retirements due in each of the years 2013 - 2017 inclusive.
|
Comm |
D/Comm |
A/Comm |
C/Supt |
Supt |
Insp |
Sgt |
Gda |
Total |
|
|
Voluntary |
0 |
0 |
0 |
0 |
0 |
0 |
9 |
10 |
19 |
|
Compulsory |
0 |
1 |
1 |
1 |
1 |
3 |
0 |
9 |
16 |
|
TOTAL 2013 |
0 |
1 |
1 |
1 |
1 |
3 |
9 |
19 |
35 |
|
2014 |
0 |
0 |
0 |
3 |
3 |
3 |
5 |
17 |
31 |
|
2015 |
1 |
0 |
0 |
2 |
8 |
2 |
14 |
31 |
58 |
|
2016 |
0 |
0 |
1 |
4 |
4 |
6 |
20 |
41 |
76 |
|
2017 |
0 |
0 |
2 |
5 |
11 |
10 |
46 |
64 |
138 |
348. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the steps that are being taken in the Prison Service to segregate first time offenders from repeat offenders and provide rehabilitative training with a view to preventing recidivism; and if he will make a statement on the matter. [55687/12]
View answer349. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of first time offenders committed to prison in each of the past five years and to date in 2012; the extent if any to which such prisoners were able to access segregation from repeat offenders and gain access to education and or rehabilitative training within the first year of their sentence; and if he will make a statement on the matter. [55688/12]
View answer350. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of repeat offenders serving sentence in each of the past five years to date who have accessed education or rehabilitative training within the first year of their current sentence; and if he will make a statement on the matter. [55689/12]
View answerI propose to take Questions Nos. 348 to 350, inclusive, together.
On committal, all prisoners are interviewed by the Governor and based on the information available, a decision is made by the Governor, as to where a particular prisoner will be accommodated. In some instances, prisoners are transferred to other establishments.
Given the number of prisoners in custody it is not possible to segregate those who are in prison for the first time from those who have been in custody on more than one occasion. It must be borne in mind that a persons first period of imprisonment does not necessarily indicate a first offence.
Efforts are made, where possible to segregate remand prisoners from sentenced prisoners. In addition, prisoners who are vulnerable or have requested the protection of the Governor are segregated from the general prison population. Every effort is made to ensure that those prisoners who cannot associate freely with the general prison population have the greatest possible access to services.
The statistics requested by the Deputy are not centrally recorded by the Irish Prison Service and to provide such information would require the allocation of a disproportionate and inordinate amount of staff time and resources.
The Deputy will be aware from my replies to previous Parliamentary Questions that 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 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.
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 November 2012 show that approximately 24% 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.
351. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of instances of trafficking in women or children reported or identified in each of the past five years and to date in 2012; the extent to which punitive and preventative action has been taken in such instances; and if he will make a statement on the matter. [55690/12]
View answerAs the Criminal Law (Human Trafficking) Act 2008 came into effect on 7 June 2008, there are no recorded figures of human trafficking prior to that date. Between 7 June and 31 December 2008, 36 alleged victims of human trafficking were encountered by An Garda Síochána. No further breakdown of the 2008 figures is available.
On 1 January 2009, the Anti-Human Trafficking Unit of my Department initiated a data collection strategy for the purpose of gaining a more in-depth understanding of the nature and extent of human trafficking in Ireland. To date, annual reports for 2009, 2010 and 2011 have been published and are available from Ireland’s dedicated anti-human trafficking website, www.blueblindfold.gov.ie, in addition to my Department’s website. The information regarding reported human trafficking of women and children for the years 2009, 2010 and 2011 is set out as follows.
|
2009 |
2010 |
2011 |
|
|
Number of Women |
46 |
48 |
39 |
|
Number of Children |
17 |
13 |
7 |
To date in 2012 (up to end November 2012) there have been 22 investigations initiated involving 27 suspected victims; 20 adults and 7 children. 21 of the suspected victims are females. 19 of the 22 investigations initiated in 2012 are on-going with 3 investigations initiated in 2012 now closed.
In addition to the above, there are currently 7 prosecutions going through the courts for offences under the Criminal Law (Human Trafficking) Act 2008. These cases involve a total of 14 children as victims; 10 males and 4 females; all of these children are Irish Nationals.
The number of convictions in respect of offences under the Criminal Law (Human Trafficking) Act 2008 and in respect of other offences related to human trafficking are set out in the annual reports for 2009, 2010 and 2011. It should be noted that convictions occurring in any calendar year may be the result of prosecutions initiated in previous calendar years. For the purpose of clarity the convictions recorded for the period 2009 to 2012 are set out in the table.
|
Year |
Act |
Accused |
Charges |
Sentence |
|
2009 |
Child Trafficking and Pornography Act, 1998 and Common Law Offences |
Adult male |
Possession of Child Pornography. Soliciting another to commit an offence contrary to Section 3 of the Child Trafficking Act 1998 (Child Trafficking and taking etc. child for sexual exploitation) |
6 years imprisonment. |
|
2009/10 |
Child Trafficking and Pornography Act, 1998 |
Adult male |
Incitement to traffick a minor for sexual exploitation and incitement to the possession of child pornography. |
6 years imprisonment and Post Release Supervision Order for 20 years. |
|
2010 |
Criminal Law (Human Trafficking) Act, 2008 |
Adult male |
Recruitment and trafficking of a minor. |
3 years imprisonment (suspended). Placed on the Sex Offenders Register for 5 years and entered into a bond to be of good behaviour for a period of 3 years. |
|
2010 |
Child Trafficking and Pornography Act, 1998 |
Adult male |
Sexual exploitation of a child. |
Eight month imprisonment (suspended). |
|
Child Trafficking and Pornography Act, 1998 |
||||
|
2010 |
Criminal Law (Rape)(Amendment) Act, 1990 |
Adult male |
Recruitment and trafficking of a minor for sexual exploitation and production of child pornography. |
10 years imprisonment. Placed on Sex Offenders Register for life. Post Release Supervision Order for 15 years. |
|
2011 |
Criminal Law (Human Trafficking) Act, 2008 |
Adult male |
Recruitment and trafficking of a minor for sexual exploitation. |
3 years imprisonment |
|
2011 |
Child Trafficking and Pornography Act, 1998 [see end note} |
Adult female |
Controlling and sexually exploiting a minor for the purposes of prostitution. |
4 years imprisonment (final two years suspended). |
|
2011 |
Child Trafficking & Pornography Act, 1998 |
Adult male |
Controlling and sexually exploiting of a minor for the purposes of creating child pornography. |
Fine of €100. |
|
2011 |
Criminal Law (Sexual Offences) Act, 1993 |
Adult male |
Controlling/organising prostitution (female adult victim) |
2½ years imprisonment (final fifteen months suspended). |
|
2012 |
Criminal Law (Human Trafficking) Act, 2008 |
Adult female |
Controlling and sexually exploiting a minor for the purpose of creating child pornography. |
3 years imprisonment |
|
2012 |
Illegal Immigrants (Trafficking) Act, 2000 Criminal Law (Sexual Offences) Act, 1993 |
Adult Female |
Trafficking of a female minor illegal immigrant and controlling/directing prostitution |
3 years imprisonment |
Note: As amended by Section 6 of the Criminal Law (Sexual Offences) Amendment Act 2007 as substituted by Section 3(2) of the Criminal Law (Human Trafficking) Act 2008.
In An Garda Síochána Policing Plan for 2012, one of the eight stated priorities is to prevent and detect Human Trafficking. The Anti-Human Trafficking Unit in my Department and An Garda Síochána are continually vigilant for any emerging trends relating to human trafficking and they maintain regular dialogue on this matter with the relevant State agencies and non-governmental organisations working in this area.
352. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total number of persons, male and female, adults, adolescents and children reported missing and still without trace in each of the past ten years and to date in 2012; and if he will make a statement on the matter. [55691/12]
View answer353. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total number of persons, male and female, adults, adolescents and children listed as missing for more than ten years and still without trace; the extent to which such cases continue to come under investigation; and if he will make a statement on the matter. [55692/12]
View answerI propose to take Questions Nos. 352 and 353 together.
I am informed by the Garda authorities that the following table illustrates the total number of persons, including children, reported missing, and who remain untraced, in each of the past ten years up to and including 6 December, 2012.
|
Year |
Total number of persons missing and who currently remain untraced |
Male |
Female |
Adults |
Persons under 18 years of age |
|
2002 |
72 |
54 |
18 |
30 |
42 |
|
2003 |
58 |
43 |
15 |
25 |
33 |
|
2004 |
49 |
13 |
13 |
20 |
29 |
|
2005 |
30 |
22 |
8 |
15 |
15 |
|
2006 |
50 |
30 |
20 |
16 |
34 |
|
2007 |
49 |
33 |
16 |
15 |
34 |
|
2008 |
38 |
24 |
14 |
20 |
18 |
|
2009 |
62 |
37 |
25 |
19 |
43 |
|
2010 |
18 |
14 |
4 |
15 |
3 |
|
2011 |
28 |
18 |
10 |
19 |
9 |
|
2012 |
96 |
57 |
39 |
57 |
39 |
*Figures provided are operational and liable to change
I am informed by the Garda authorities that the total number of persons recorded as missing for more than ten years is 505 and of these 398 are male and 107 are female. A breakdown of the 505 missing persons by adult, adolescent and children is not readily available.
All incidents where persons have been reported missing remain under investigation until such times as the person is located. An Garda Síochána reviews missing persons cases on a regular basis. The District Officer (Superintendent) in the area where persons have gone missing takes direct responsibility for all investigations and searches carried out. Local investigation teams are appointed by the District Officer and all means necessary, including the services of specialist units, are deployed to assist in these investigations, as considered appropriate. The services of Interpol and Euorpol can also be availed of during such investigations, if necessary.
The Garda Missing Persons Bureau, which is responsible for all data relating to missing persons, provides expert assistance and advice to District Officers in all high risk missing person cases. The Garda authorities are satisfied that adequate resources, including staff and technology, are in place to deal with this issue and that investigations are carried out in line with best international practice.
