Written Answers Nos. 782-800
782. Deputy Michael McGrath asked the Minister for Justice and Equality the circumstances in which a non-Irish citizen who has been residing in Ireland for less than five years may have an application for Irish citizenship through naturalisation considered; and if he will make a statement on the matter. [1299/13]
View answerSection 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; and
- 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.
783. Deputy Anne Ferris asked the Minister for Justice and Equality in view of the commitment to hold a referendum on the abolition of Seanad Éireann in the autumn, his views on holding a referendum on the same day to allow for the establishment by the Oireachtas of specialist superior courts; and if he will make a statement on the matter. [1372/13]
View answerThe Government has approved, in principle, the holding a referendum to allow for the establishment of a new Court of Appeal and a new Family Court structure and for the drafting of the necessary legislative schemes. Work to this end is progressing in my Department.
While the precise timing of a referendum on these issues is a matter for the Government to decide in due course, the intention is that it will be held on the same day as at least one other referendum.
784. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of fixed penalty notices that have been issued to motorists in each of the past three years, broken down by Garda division, for the offence of breaking a red light; and if he will make a statement on the matter. [1375/13]
View answerIn the time available it has not been possible for the Garda authorities to supply the information requested by the Deputy. I will be in contact with the Deputy when the information is to hand.
785. Deputy Ciara Conway asked the Minister for Justice and Equality the amount that was spent on free legal aid schemes here in 2010, 2011 and 2012; and if he will make a statement on the matter. [1376/13]
View answerI can inform the Deputy that the provision of legal aid falls within two separate categories, i.e criminal legal aid and civil legal aid. Details in respect of each category are set out in the accompanying table:
Criminal Legal Aid
The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means. Under the Act, the grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of their defence or appeal. The assignment of lawyers or the granting of aid are matters for the Court and, as such, are handled by the judiciary.
|
Year |
Total amount of expenditure (€ million) |
|
2010 |
56.5 |
|
2011 |
56.1 |
|
2012 |
50.5 |
Civil Legal Aid
The Legal Aid Board (LAB) is the statutory body which provides legal aid and advice in civil law matters. All Board services are governed by the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations.
The Board's funding is made up of funding for civil legal aid and the Refugee Legal Service for 2010 and 2011. Funding for 2012 also includes the Family Mediation Service.
|
Year |
Total amount of expenditure (€ million) |
|
2010 |
32.192 |
|
2011 |
30.370 |
|
2012 |
32.922 |
I wish to clarify for the Deputy that the Legal Aid Board provides 'legal aid' and not 'free legal aid'. The vast majority of persons receiving services from the Board pay a small financial contribution.
786. Deputy Seán Kenny asked the Minister for Justice and Equality the number of additional Garda marked and unmarked cars and vans that each Garda district in the Dublin region received in 2012; and if he will make a statement on the matter. [1377/13]
View answerDecisions in relation to the provision and deployment of Garda transport are matters for the Garda Commissioner. Responsibility for the efficient deployment of Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations as required by operational circumstances.
I have been advised by the Garda authorities that the information requested by the Deputy is provided in the accompanying table:
|
CARS |
VANS |
MOTORCYCLES |
TOTAL |
||
|
DISTRICT |
MARKED |
UNMARKED |
|||
|
BLACKROCK |
2 |
0 |
0 |
0 |
2 |
|
BLANCHARDSTOWN |
0 |
0 |
1 |
0 |
1 |
|
CLONDALKIN |
0 |
0 |
1 |
0 |
1 |
|
RAHENY |
1 |
0 |
0 |
0 |
1 |
|
COOLOCK |
1 |
0 |
1 |
0 |
2 |
|
CRUMLIN |
1 |
0 |
1 |
0 |
2 |
|
DONNYBROOK |
1 |
0 |
0 |
0 |
1 |
|
STORE STREET |
1 |
0 |
0 |
0 |
1 |
|
TALLAGHT |
0 |
0 |
1 |
0 |
1 |
|
DMR TRAFFIC - DUBLIN CASTLE |
1 |
0 |
0 |
5 |
6 |
|
TOTAL |
8 |
5 |
5 |
18 |
|
With regard to transport matters generally, the Deputy will be aware that an additional investment of €3m in the Garda fleet towards the end of 2012 has resulted in over 170 new vehicles being purchased. These vehicles are currently entering into service. In addition, a further €5m has been made available for the purchase and fit-out of new Garda vehicles in 2013.
787. Deputy Seán Kenny asked the Minister for Justice and Equality the number of additional Garda marked and unmarked cars, vans, jeeps and motorbikes that the Garda traffic corps received in each of the past four years; and if he will make a statement on the matter. [1378/13]
View answerDecisions in relation to the provision and deployment of Garda transport are matters for the Garda Commissioner.
I have been advised by the Garda authorities that the information requested by the Deputy in respect of the Garda Traffic Corps is provided in the accompanying table:
|
CARS |
VANS |
MOTORCYCLES |
4x4S |
TOTAL |
||
|
MARKED |
UNMARKED |
|||||
|
2009 |
0 |
0 |
0 |
0 |
0 |
|
|
2010 |
0 |
0 |
0 |
0 |
1 |
1 |
|
2011 |
4 |
28 |
0 |
6 |
4 |
42 |
|
2012 |
1 |
0 |
0 |
5 |
0 |
6 |
With regard to transport matters generally, the Deputy will be aware that an additional investment of €3m in the Garda fleet towards the end of 2012 has resulted in over 170 new vehicles being purchased. These vehicles are currently entering into service. In addition, a further €5m has been made available for the purchase and fit-out of new Garda vehicles in 2013.
788. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the the position regarding an application for subsidiary protection in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [1398/13]
View answerThe person concerned is a failed asylum applicant. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30th September, 2005, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. He was subsequently notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
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.
789. Deputy Anne Ferris asked the Minister for Justice and Equality when he expects to publish the Heads of Bill for the Family Relationships and Childrens Bill; and if he will make a statement on the matter. [1399/13]
View answerAs I indicated in response to Question No. 492 of 18 December 2012, I am presently engaged in the preparation of a Family Relationships and Children Bill. I intend to publish the Heads of the Bill as soon as possible in 2013 having regard to the need for consultations and the need to dispose of urgent legislative matters in my Department under the EU/IMF Programme of Financial Support for the State.
In preparing my proposals for legislation, I am considering the detailed recommendations of the Law Reform Commission in its Report on the Legal Aspects of Family Relationships. The Commission recommends that legislative provisions be introduced to facilitate the extension of guardianship (parental responsibility) to civil partners and step-parents either by agreement with the other parties who have parental responsibility for the child or by application to court.
In that context, I am considering the Commission's specific recommendations on legislative reform, which would put same-sex couples and step-parents on an equal footing with other couples in relation to their children. I am also reviewing existing legislation worldwide addressing the issues of parentage, assisted human reproduction and surrogacy and considering the recommendations contained in the Report of the Commission on Assisted Human Reproduction published by the Department of Health in 2005. Those reforms must ensure that children in lesbian or gay family units are able to form a legal connection with their non-biological parent and that kindred relationships flow from such legal connection. In particular, reform of the law is needed in the areas of guardianship, custody and access, and to ensure maintenance and inheritance rights for the children of civil partners.
790. Deputy John Lyons asked the Minister for Justice and Equality if he will provide an update in relation to the review of the drugs treatment courts; when the review will be published; and if he will make a statement on the matter. [1405/13]
View answerThe Support and Advisory Committee for the Drug Treatment Court was established following a series of recommendations in 2010 on the operation of the Court and comprises representatives of each of the agencies involved with the Court. The Committee has undertaken a detailed evaluation of the court's operation and is in the process of completing some final enquiries which are due to be submitted to my Department in the near future. I will consider this issue further when all of the information is to hand.
791. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he will provide a breakdown in tabular form of the waiting lists for persons seeking civil legal aid in each county on 1 January 2013; the number of these persons seeking civil legal aid for family law matters; and if he will make a statement on the matter. [1406/13]
View answerI wish to inform the Deputy that I have no function or responsibility in relation to the matter raised. Under the terms of the Civil Legal Aid Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and decisions on individual cases are a matter for the Board.
However, to be of assistance I have contacted the Legal Aid Board for the information requested by the Deputy, which is set out in tabular form.
Details re waiting times and numbers waiting on the 1st January 2013 (in months)
|
Law Centre |
General – waiting time |
‘Triage’ – waiting time |
2nd Consultation (triage only) - waiting time |
Number waiting |
|
Blanchardstown |
3 |
43 |
||
|
Brunswick St |
7 |
153 |
||
|
Clondalkin |
15 |
175 |
||
|
Finglas |
10 |
241 |
||
|
Gardiner St |
13 |
299 |
||
|
* Medical Negligence |
6 |
15 |
||
|
Tallaght |
10 |
198 |
||
|
Popes Quay |
8 |
200 |
||
|
South Mall |
10 |
373 |
||
|
Athlone |
1 |
10 |
166 |
|
|
Castlebar |
1 |
7 |
145 |
|
|
Cavan |
2 |
11 |
113 |
|
|
Dundalk |
4 |
76 |
||
|
Ennis |
12 |
275 |
||
|
Galway |
9 |
262 |
||
|
Kilkenny |
7 |
13 |
196 |
|
|
Letterkenny |
6 |
149 |
||
|
Limerick |
8 |
227 |
||
|
Longford |
2 |
11 |
123 |
|
|
Monaghan |
1 |
35 |
||
|
Navan |
3 |
7 |
91 |
|
|
Nenagh |
1 |
5 |
73 |
|
|
Newbridge |
10 |
11 |
281 |
|
|
Portlaoise |
6 |
17 |
196 |
|
|
Sligo |
3 |
7 |
134 |
|
|
Tralee |
6 |
134 |
||
|
Tullamore |
5 |
117 |
||
|
Waterford |
7 |
101 |
||
|
Wexford |
6 |
103 |
||
|
Wicklow |
4 |
15 |
218 |
* The waiting time in the Medical Negligence Unit was 6 months as of the 1st January 2013. Unlike at the general law centres there is a significant amount of preparatory work done while a person is waiting for an appointment. The real driver here is the statute of limitations - any court proceedings must be initiated within two years and because of the almost invariable complexity attaching to medical negligence there is a large amount of work to be done before it can be established if there is merit in a case or not. Thus while some persons may wait six months to see a solicitor, others will be seen more quickly if the expiry of the statute of limitations is looming.
The table gives a breakdown of the waiting times for persons seeking legal services in each of the Board’s law centres on the 1st January 2013. The Board does not, at the moment, record as a statistic the number of applications that relate to family law matters and the number that relate to other matters. In or about 76% of cases dealt with are in the area of family law and it can be assumed that the number of applications is similar as a percentage. The Board continues to prioritise certain categories of cases and these cases will receive an immediate or near immediate service. The main categories of case types that are prioritised are public law child care cases, child abduction cases and domestic violence cases.
By way of explanation of the table, the Board has been piloting a ‘triage’ approach to service delivery and this approach is operative in a number of law centres. The pilot is in response to lengthening waiting times. The aim of the ‘triage’ approach is that every applicant gets to see a solicitor within a period of one month for the purpose of getting legal advice (consultations are broadly limited to 45 minutes). If the applicant requires further services they remain on the ‘waiting list’. Those centres in which the pilot was operative in 2012 show a waiting time for a ‘triage’ appointment and a waiting time for a second consultation. The second consultation waiting time is calculated from the date of application and not from the date of the triage appointment. In law centres where the triage is not in operation, the general waiting time is shown in months from the date of application. There is or has been a ‘backlog’ of applicants to be seen for triage purposes hence it is taking time to reduce the waiting time for such an appointment to one month.
The Board is taking other steps in an effort to improve the efficiency and effectiveness of service delivery including: introducing a new case management system in its law centres; integrating its mediation and legal services; integrating its Refugee Legal Service into the general law centre service delivery model; and maintaining a high level of usage of private solicitors for family law cases in the District Court.
The reality is however that the Board must live within its budget and it is subject to the public service recruitment moratorium (there is a very limited derogation). Demand for the Board’s services has increased significantly since the down-turn in the economy. There was a 10% drop in demand at the general law centres in 2012 compared to 2011 however demand in 2011 was 93% greater than it was in 2006.
The capacity to provide a meaningful service is a priority for the Board and the Board will in 2013 be examining other options in an effort to enable legal services to be provided promptly to those most in need of them.
792. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the waiting times for civil legal aid services from 2007 to 2012 in each county in tabular form; and if he will make a statement on the matter. [1407/13]
View answerI wish to inform the Deputy that I have no function or responsibility in relation to the matter raised. Under the terms of the Civil Legal Aid Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and decisions on individual cases are a matter for the Board. However, to be of assistance I have contacted the Legal Aid Board for the information requested by the Deputy.
I am informed that the maximum waiting times for civil legal aid services, as provided by the Legal Aid Board, at the end of the year for each of the years 2007 to 2012 are as set out in the table. The increase in waiting times evident in the table has been brought about primarily by the huge increase in demand for the Board’s services since the economic downturn. As the provision of civil legal aid services are means tested, a much greater number of persons are now financially eligible than had been the case in 2007.
Law Centre Waiting Times (in months) at the end of Each Year (2007-2012)
|
LAW CENTRE |
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
|
Blanchardstown |
4 |
1 |
4 |
6 |
5 |
3 |
|
Brunswick St. |
3 |
2 |
5 |
4 |
8 |
7 |
|
Clondalkin |
2 |
5 |
6 |
5 |
10 |
15 |
|
Finglas |
1 |
4 |
3 |
5 |
8 |
10 |
|
Gardiner St. |
3 |
3 |
6 |
5 |
6 |
13 |
|
Medical Negligence |
n/a |
n/a |
n/a |
3 |
4 |
6 |
|
Tallaght |
4 |
3 |
3 |
9 |
10 |
10 |
|
Popes Quay, Cork |
4 |
5 |
2 |
3 |
7 |
8 |
|
South Mall, Cork |
3 |
4 |
5 |
7 |
5 |
10 |
|
Cavan |
2 |
4 |
4 |
5 |
6 |
11 |
|
Clare - Ennis |
1 |
3 |
3 |
2 |
5 |
12 |
|
Donegal - Letterkenny |
2 |
3 |
1 |
3 |
4 |
6 |
|
Galway |
3 |
3 |
4 |
3 |
4 |
9 |
|
Kerry - Tralee |
2 |
3 |
5 |
4 |
4 |
6 |
|
Kildare - Newbridge |
2 |
6 |
6 |
7 |
8 |
11 |
|
Kilkenny |
1 |
2 |
3 |
3 |
7 |
13 |
|
Laois - Portlaoise |
4 |
3 |
3 |
5 |
7 |
17 |
|
Limerick |
1 |
1 |
2 |
3 |
3 |
8 |
|
Longford |
1 |
2 |
4 |
5 |
5 |
11 |
|
Louth - Dundalk |
0 |
0 |
0 |
0 |
1 |
4 |
|
Mayo - Castlebar |
1 |
2 |
3 |
5 |
5 |
7 |
|
Meath - Navan |
3 |
3 |
3 |
4 |
7 |
7 |
|
Monaghan |
4 |
3 |
4 |
4 |
4 |
1 |
|
Offaly - Tullamore |
2 |
2 |
3 |
6 |
4 |
5 |
|
Sligo |
3 |
4 |
5 |
5 |
4 |
7 |
|
Tipperary - Nenagh |
3 |
3 |
7 |
7 |
9 |
5 |
|
Waterford |
1 |
2 |
3 |
3 |
6 |
7 |
|
Westmeath - Athlone |
2 |
5 |
4 |
6 |
5 |
10 |
|
Wexford |
6 |
4 |
9 |
3 |
6 |
6 |
|
Wicklow |
2 |
3 |
8 |
5 |
6 |
15 |
793. Deputy Catherine Murphy asked the Minister for Justice and Equality if he will provide figures for 2010, 2011 and 2012 regarding the total amounts raised through the issuance of fixed penalty fines for traffic offences; and if he will make a statement on the matter. [1408/13]
View answerThe collection of payments under the Fixed Charge Processing System was outsourced to An Post in January 2006.
I am informed by the Garda authorities that information provided by An Post details the amount collected in respect of all fixed charge offence notices that attract penalty points, as well as those that do not. These are referred to as Declaration Notices and Non-Declaration Notices respectively. Declaration Notices refer to relevant road traffic offences. Non-Declaration Notices include relevant traffic and public order offences.
The amounts collected in respect of Declaration Notices and Non-Declaration Notices for each of the years from 2010 to 2012 are illustrated in the table.
Amounts collected in respect of Fixed Charge Offence Notices in each of the years from 2010 to 2012.
|
Year |
Number of Declaration Notices* |
Number of Non- Declaration Notices |
Gross amount collected Declaration Notices* |
Gross amount collected Non- Declaration Notices |
An Post Charges All Notices |
Net Amount Collected All Notices |
|
2010 |
180,372 |
93,026 |
€14,456,460 |
€5,428,710 |
€814,105 |
€19,071,065 |
|
2011 |
243,705 |
78,478 |
€19,796,090 |
€4,682,380 |
€1,192,849 |
€23,285,621 |
|
2012 |
216,265 |
71,972 |
€17,611,570 |
€4,565,720 |
€948,515 |
€21,228,775 |
* Notices which attract penalty points
794. Deputy Catherine Murphy asked the Minister for Justice and Equality in view of the reduction of €62 million in his Department's planned expenditure for 2013 over the previous year, if he will provide assurances that the objectives contained in the 2013 policing plan remain realistic, deliverable and affordable; if he will explain how so; and if he will make a statement on the matter. [1412/13]
View answerDue to the very difficult financial situation, it has been necessary to reduce the funding available to the Justice Vote Group in 2013 by €62m. However, it is of course the case that the gross expenditure budget for the Vote Group in the current year will be over €2.26 billion and this demonstrates the Government's very strong on-going commitment to the Justice Sector.
With regard specifically to the Garda Policing Plan for 2013, the position is that the Plan is based on a number of strategic goals and at its heart is the Garda Síochána's primary objective of combating crime as well as ensuring that people are safe in their communities and on the roads. Copies of the Plan were laid before the Houses of the Oireachtas on 5 December 2012.
One of the key elements of the 2013 Plan is that it sets out proposals for continuing the process of restructuring the way in which Garda services are organised and delivered, with the objective of enhancing the efficiency of the Force at a time of financial constraint. This copperfastens the commitment of the Commissioner, who is responsible for operational Garda matters, to smart policing, using available resources effectively and ensuring that the maximum number of Garda personnel are available for front-line policing.
In that overall context I believe that the objectives set out in the Garda Policing Plan for 2013 will be achieved and that, despite the pressure on the public finances, it will be possible for the Force to operate to the optimum benefit of our communities in a manner that will facilitate the presence of operational Gardaí on patrol preventing and detecting crime.
795. Deputy Catherine Murphy asked the Minister for Justice and Equality if he will provide assurances that the total number of gardaí leaving the force in 2013 will not be greater than 500; if his attention has been drawn to any plans to respond to the decrease in funding for An Garda Síochána for 2013 with staff reductions; and if he will make a statement on the matter. [1413/13]
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. There are currently over 1,000 Garda members who could retire on full pension. However, there is no basis for expecting that all those who could retire will actually do so.
The table shows the number of voluntary retirements so far notified for 2013 (although this is not a basis for forecasting the likely number of retirements).
|
Comm |
D/Comm |
A/Comm |
C/Supt |
Supt |
Insp |
Sgt |
Gda |
Total |
|
|
Voluntary |
0 |
0 |
0 |
0 |
0 |
0 |
13 |
14 |
27 |
|
Compulsory |
0 |
1 |
1 |
1 |
1 |
3 |
0 |
9 |
16 |
|
TOTAL 2013 |
0 |
1 |
1 |
1 |
1 |
3 |
13 |
23 |
43 |
It is true that there has been a reduction in the payroll provision limit for An Garda Síochána over last year's figures. However, there are approximately 460 fewer Garda members now than at the beginning of 2012 and consequently the pay bill will be lower in 2013. Additionally, the adjustment to the payroll provision for this year also reflects the potential number of members who could retire in 2013.
796. Deputy Anne Ferris asked the Minister for Justice and Equality further to Parliamentary Question No. 373 of 15 May 2012, if he will provide updated figures for 2011 in view of decreasing detection and convictions, his views on reform of the Prohibition of Incitement to Hatred Act; and if he will make a statement on the matter. [1427/13]
View answerThe Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose.
I have requested the CSO to provide statistics directly to the Deputy in relation to offences under the Prohibition of Incitement to Hatred Act, 1989.
Under the Act, it is an offence, inter alia, to use words, publish or distribute written material, or broadcast any visual images or sounds which are threatening, abusive or insulting and are intended, or, having regard to all the circumstances, are likely to stir up hatred. The word "hatred" is defined as "hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation".
The State's prosecutorial authorities have not brought to my notice any difficulties in bringing prosecutions under the 1989 Act. The Deputy will also be aware that, in addition to the above legislation, where criminal offences such as assault, criminal damage, or public order offences are committed with a racist motive, they are prosecuted as generic offences through the wider criminal law. The trial judge can take aggravating factors, including racial motivation into account at sentencing.
In all the circumstances, I do not have plans for amendment of the legislation in this area.
797. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of penalty points in total that were issued to motorists by An Garda Síochána that were quashed in 2010, 2011 and 2012; if he will provide a divisional breakdown by Garda district where penalty points were quashed each year in 2010, 2011 and 2012; if he will provide a breakdown by Garda division of the category of road traffic offences where penalty points were quashed in 2010, 2011 and 2012; and if he will make a statement on the matter. [1459/13]
View answerFixed charge notices are an alternative to prosecution, and give a motorist the opportunity to acknowledge the offence, pay the fixed charge and, where the offence is a penalty point offence, incur the appropriate penalty points. If the motorist does not pay the fixed charge, he or she will in the normal course be prosecuted for the alleged offence.
There can be circumstances where the fixed charge notice may be cancelled in accordance with Garda procedures drawn up in the light of legislative exemptions and prosecutorial guidelines. Cancellation occurs where it is believed the evidence would not sustain a prosecution or a prosecution would not be appropriate, fair or proportionate. Decisions on cancellations are governed by Garda policies and procedures, framed around legislative and prosecutorial guidelines issued by the DPP.
Cancellation can occur in circumstances where, for example, exemptions apply in relation to emergency vehicles or the wearing of seatbelts, or where there are evidential difficulties, such as where the registration number registered by a speed camera does not correspond to the vehicle in question, or where there are emergency medical circumstances such as, for example, a sick child being driven to hospital, an imminent birth, or a medical professional rushing to a sick or elderly patient. Access to cancel a fixed charge notice through 'Pulse' is restricted to users with the rank of Inspector or higher.
The statistical information requested by the Deputy has been requested from the Garda Commissioner and, to the extent available in the format requested by the Deputy, will be forwarded to him as soon as possible.
798. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide a report on all the exceptional cases in which penalty points may be quashed by a Garda Inspector or Superintendent; if he is reviewing the current power to quash penalty points; and if he will make a statement on the matter. [1460/13]
View answerFixed charge notices are an alternative to prosecution, and give a motorist the opportunity to acknowledge the offence, pay the fixed charge and, where the offence is a penalty point offence, incur the appropriate penalty points. If the motorist does not pay the fixed charge, he or she will in the normal course be prosecuted for the alleged offence.
There can be circumstances where the fixed charge notice may be cancelled in accordance with Garda procedures drawn up in the light of legislative exemptions and prosecutorial guidelines. Cancellation occurs where it is believed the evidence would not sustain a prosecution or a prosecution would not be appropriate, fair or proportionate. Decisions on cancellations are governed by Garda policies and procedures, framed around legislative and prosecutorial guidelines issued by the DPP.
Cancellation can occur in circumstances where, for example, exemptions apply in relation to emergency vehicles or the wearing of seatbelts, or where there are evidential difficulties, such as where the registration number registered by a speed camera does not correspond to the vehicle in question, or where there are emergency medical circumstances such as, for example, a sick child being driven to hospital, an imminent birth, or a medical professional rushing to a sick or elderly patient. Access to cancel a fixed charge notice through 'Pulse' is restricted to users with the rank of Inspector or higher.
As the Deputy is aware, the Garda Commissioner has appointed an Assistant Commissioner to examine and report on allegations relating to the cancellation of fixed charge notices by An Garda Síochána. I have received an interim report from the Commissioner, but I will not be making any further comment on the allegations or on the procedures which permit the cancellation of fixed charge notices until the final report is available.
799. Deputy James Bannon asked the Minister for Justice and Equality his plans for community policing in the Drumlish area, County Longford, following the removal of the Garda patrol car from the Garda Barracks in Drumlish; and if he will make a statement on the matter. [1466/13]
View answerDrumlish Garda Station forms part of the Granard Garda District and the personnel strength of the Drumlish sub-district and Granard Garda District on 30 November 2012, the latest date for which figures are readily available, is shown on the table:
|
Granard |
Drumlish |
|
|
Gardaí |
39 |
2 |
|
Reserve Gardaí |
2 |
|
|
Civilians |
3 |
When the members attached to Drumlish Garda Station are not on duty, the sub-district is policed by resources from the local District Headquarters in Granard which operates on a 24 hour basis.
The official patrol car previously allocated to Drumlish Garda Station was reallocated within the Roscommon/Longford Garda Division on 14 September 2012 and the District Officer in Granard replaced it with another vehicle from the District Fleet. At no stage has Drumlish Garda Station been left without an official vehicle.
The policing requirements of Drumlish Garda Sub-District together with the Granard Garda District, are the subject of regular review by local Garda Management and appropriate policing strategies and interventions are put in place when required, utilising District and Divisional resources. Garda Management state that the resources presently allocated to Drumlish Garda Sub-District are sufficient for the current policing needs.
800. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his proposals to strengthen rural policing; and if he will make a statement on the matter. [1490/13]
View answerWhile the incidence of crime is generally lower in rural than in urban areas, I am very conscious of the deep distress which burglary and similar crimes can cause to householders in rural areas, and the broader impact it can have in terms of fear of crime in our communities. I also share the widespread outrage at the recent incidents of aggravated burglary referred to by the Deputy and am fully confident that the Gardaí are doing everything in their power to bring the perpetrators of these appalling crimes to justice.
The latest official crime statistics from the Central Statistics Office show that most types of crime are in fact falling, including crimes against the person, and this reflects well on the work of An Garda Síochána.
I remain concerned, however, as does the Garda Commissioner, about the incidence of burglary and therefore welcome the progress being made as part of Operation Fiacla. The Operation is the subject of regular monitoring and review by senior Garda management and is focused on identifying and targeting gangs involved in burglaries around the country so as to disrupt their activities and bring them before the Courts.
Operation Fiacla is intelligence driven, and specific burglary initiatives have been implemented in each Garda Region to target suspect offenders. These initiatives optimise the use of existing structures and local Garda management ensure that all personnel are fully briefed on the initiative, with Divisional Crime Management Teams playing a key coordination and implementation role.
I am further informed that, as of 31 December 2012, 3,538 persons have been arrested and 1,924 persons have been charged as part of the Operation, showing that the Garda Commissioner is effectively deploying the substantial resources available to him in a targeted approach to confront those engaged in this form of criminality. The latest quarterly figures for burglary suggest that Operation Fiacla is having an impact, when compared with the quarterly figures prior to its introduction.
In addition to this specific operation, the Garda National Model of Community Policing plays a key part in responding to crime and is directed and supported each year by the Garda Síochána Annual Policing Plan. Each Garda District and Divisional Officer also configures their policing response to local conditions to ensure that an appropriate policing service is delivered to rural areas. The Gardaí continue to work closely with communities to enhance community safety in a wide range of local fora, including the Joint Policing Committees, and through programmes such as Community Alert which operates in cooperation with the programme partners, Muintir na Tíre, and has led to the establishment of 1,345 Community Alert groups countrywide.
The Garda National Policing Plan for 2013, which I laid before the House, outlines the Garda Commissioner's proposals for the continued reorganisation and consolidation of the Garda station and district network. Until recently, the Garda station network was essentially the same as the RIC network which obtained in 1922. Such a large-scale static deployment of resources is no longer appropriate, particularly as the transport and communications infrastructure has been transformed. The Garda Síochána has a class-leading police computer system, a state-of-the-art digital radio system and a transport fleet which is currently receiving significant investment. The centralisation of Garda services will facilitate the introduction of an enhanced grid patrolling system that will be operational and intelligence led. This patrol system will ensure that a high visibility and community oriented policing service continues to be delivered throughout the country. Furthermore, the new Garda rostering arrangements which were implemented last year provide a better match between Garda availability and policing demand.
It is the Government's intention to ensure that frontline services are maintained at the highest level possible through the most efficient use of resources. The Commissioner enjoys my full support and that of the Government in continuing to confront crime in all its forms. I have every confidence that he and everyone in An Garda Síochána will continue to deliver an effective police service in rural as in all other areas.
