Tuesday, 29 Jan 2013

Written Answers Nos. 568 - 587

Constitutional Amendments

Questions (568)

Dominic Hannigan

Question:

568. Deputy Dominic Hannigan asked the Minister for Justice and Equality his plans for the creation of a permanent appeals court; and if he will make a statement on the matter. [3997/13]

Written answers

Minister for Justice and Equality

The Government has approved, in principle, the holding a referendum to allow, inter alia, for the establishment of a new Court of Appeal and for the drafting of the necessary legislative scheme. Work to this end is progressing in my Department. While the precise timing of a referendum 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.

Joint Policing Committees Remit

Questions (569)

Róisín Shortall

Question:

569. Deputy Róisín Shortall asked the Minister for Justice and Equality if he will give consideration to giving a consultative role to Joint Policing Committees in respect of the operation of local licensed premises in respect of compliance with the law in order that the local Gardaí can be well informed prior to the annual renewal of licences; and if he will make a statement on the matter. [4002/13]

Written answers

Minister for Justice and Equality

The functions and powers of Joint Policing Committees (JPCs) are set out in the Garda Síochána Act 2005, which provides for a Committee in each local authority area. The essential role of JPCs is to provide appropriate advice to the Gardaí and local authorities and to support collaborative engagement among stakeholders in relation to local policing issues. The Act provides that JPCs operate under guidelines issued by the Minister for Justice and Equality after consultation with the Minister for the Environment, Community and Local Government. The current guidelines were issued in September, 2008.

The Programme for Government makes a commitment to build on existing community policing partnerships and forums to enhance trust between local communities and their Gardaí. In the spirit of that commitment I initiated a review of the operation of JPCs and I have published a discussion document to open the matter for wider consultation. In the context of the present review I will be happy to consider all views on the functioning of JPCs and the Deputy is most welcome to contribute to the consultation process. It is important to bear in mind, however, in considering any changes to the remit of the JPCs, that they are intended as a forum for engagement to promote more effective action by the various stakeholders and not as an additional administrative structure. In this regard An Garda Síochána already has the power to object to the renewal of a licence under existing legislation, and as the Gardaí are essential participants in the work of JPCs, it would seem that relevant views can be aired in the context of the existing JPC structures.

Garda Síochána Ombudsman Commission Issues

Questions (570)

Finian McGrath

Question:

570. Deputy Finian McGrath asked the Minister for Justice and Equality if he will assist a family (details supplied) in County Louth which is being subjected to intimidation [4111/13]

Written answers

Minister for Justice and Equality

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy again when the report is to hand.

Prison Committals

Questions (571)

Patrick Nulty

Question:

571. Deputy Patrick Nulty asked the Minister for Justice and Equality the number of persons committed to prison for non-payment of fines in 2012; if he will provide comparative figures for the previous three years; and if he will make a statement on the matter. [4120/13]

Written answers

Minister for Justice and Equality

A breakdown of the number of persons imprisoned solely for non-payment of fines for each of the years 2009, 2010, 2011, 2012 is set out in the table.

Year	Number of Persons
2009	4,350
2010	5,995
2011	6,727
2012*	7,467

* The 2012 figure is provisional pending the publication of the Irish Prison Service Annual Report.

I can advise the Deputy that the number of such persons held in custody at any one time is a tiny fraction of the overall prisoner population. To illustrate this point, on 25 January, 2013, 7 people, 0.16 percent, out of a prison population of 4,182 in custody that day fell into this category.

Garda Síochána Ombudsman Commission Issues

Questions (572)

Mary Mitchell O'Connor

Question:

572. Deputy Mary Mitchell O'Connor asked the Minister for Justice and Equality if he will provide in tabular form the number of pipe bombs discovered by an Garda Siochána each and every year since 2005; and if he will make a statement on the matter. [4162/13]

Written answers

Minister for Justice and Equality

I have requested the information sought by the Deputy from the Garda authorities. However, I am informed that in the time available it has not been possible to compile fully the data required. I will be in contact with the Deputy when this information is to hand.

Private Security Authority Remit

Questions (573)

Simon Harris

Question:

573. Deputy Simon Harris asked the Minister for Justice and Equality if he has expanded the role of the Private Security Authority to cover the issuing of licences for businesses working in the area of CCTV, security gates and so on; if he has given consideration to the implementation costs to businesses; if he is confident that the Private Security Authority has adequate knowledge of this industry; if he is concerned about the potential black market activity; and if he will make a statement on the matter. [4163/13]

Written answers

Minister for Justice and Equality

The 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. The Private Security Services Act 2004 (as amended) sets out the activities in the private security industry which are, or will be, subject to licensing. One of the security services prescribed in the primary legislation is that of 'installers of security equipment' which includes services such as Intruder Alarms, Access Control, and CCTV.

The Authority has adopted a phased approach to the licensing of the industry and the licensing of installers of intruder alarms systems commenced in August 2006. More recently, since 1st October 2012, contractors providing security services in the Access Control and CCTV sectors require a licence from the Authority. Contractors such as those in the Access Control and CCTV sectors are required to pay a licence fee to the Authority. The Authority is aware of the difficulties faced by the industry at this time and there has been ongoing contact between the Department and the Authority about the fee level. I expect to be in a position shortly to make an announcement about the matter.

The Authority has, since its establishment, shown its competence in regulating the security industry. A wide range of stakeholders have been represented on the Board of the Authority to date and they have brought their knowledge of the industry to the policy formation process. The Authority is committed to consulting with all stakeholders and considers the opinions of those in the industry in its business planning. I am informed that there were two periods of public consultation prior to the introduction of licensing to the Access Control and CCTV which contributed to the formulation of licensing regulations.

The Authority has extensive powers of enforcement under the legislation. I am informed by the Authority that it aims to ensure that all contractors are operating within the law and that it is in the process of boosting its inspection capabilities with a view to targeting unlicensed operators. Where there is sufficient evidence prosecution proceedings will be pursued against those operating outside the legislation. The Deputy will also appreciate that tax clearance certification is part of the licensing process.

Questions Nos. 574 and 575 answered with Question No. 557.

Temporary Release of Prisoners

Questions (576)

John Halligan

Question:

576. Deputy John Halligan asked the Minister for Justice and Equality in view of the fact that the number of prisoners being granted Christmas temporary release has increased from 107 in 2008 to 226 in 2012, if he will clarify of the 226 prisoners granted varying periods of temporary release for the Christmas period December, 2012 under the Criminal Justice Act, 1960 the number of these prisoners serving their sentences in high security institutions; the number of these prisoners convicted of serious crimes such as murder; attempted murder; rape; aggravated sexual assault; assault; armed robbery and so on; if he will further clarify how far into the serving of their sentences were these prisoners; the criteria taken into consideration in determining if a prisoner should qualify for temporary release; whether the victims and the families of the victims of these crimes notified of the temporary release; the cost to the State when these prisoners fail to return after Christmas temporary release; and if he will make a statement on the matter. [4256/13]

Written answers

Minister for Justice and Equality

I can inform the Deputy that 226 prisoners were granted temporary release for Christmas 2012 under the Criminal Justice Act 1960. This figure represented approximately 4% of the overall prisoner population. The Prison estate consists of 1 high security prison, Portlaoise Prison, and a total of 12 prisoners were granted Christmas temporary release from this institution. In general the periods of release varied from a few hours (in some cases accompanied by another responsible person) up to 7 nights. All releases were subject to stringent conditions and any offender who breaks these conditions may be arrested and returned immediately to prison by the Gardaí.

The table below outlines that nature of offences committed by those prisoners who were granted Christmas temporary release.

Offence Group	Total number of prisoners
Homicide Offences	26
Controlled Drug Offences	59
Weapons and Explosives	10
Damage to property and environment	6
Public order and social code	3
Road and traffic offences	5
Government, Justice and Organised Crime offences	5
Offences not elsewhere classified	1
Sexual Offences	2
Attempts/Threats to murder	24
Dangerous negligent acts	10
Robbery, extortion and hijacking offences	9
Burglary and related offences	15
Theft and related offences	35
Fraud, deception and related offences	16
Overall total	226

* In 2010 the Irish Prison Service recategorised the offence groups under which prisoners’ convictions are recorded. Statistics are now compiled using the same groups as those used by An Garda Síochána, the Central Statistics Office, the Courts Service and the Probation Service.

The majority of prisoners released were nearing the end of their sentences and the overriding concern when considering the applications is the safety of the public. In addition to compassionate and humane considerations, other criteria taken into account included the nature and gravity of the offence, prior record on temporary release, behaviour while in custody and previous criminal history.

The majority of prisoners released were participating in Incentivised Regime at the enhanced level. These incentivised regimes enable prisoners to progress through the system, in a way that helps them prepare for their eventual reintegration into society. This involves engaging with the services and partaking in training and educational programmes. The Incentivised Regimes Policy provides for a differentiation of privileges between prisoners according to their level of engagement with services and quality of behaviour. The Victim Liaison Officer of the Irish Prison Service informs all registered victims when any form of temporary release if being granted to a prisoner. Where prisoners granted temporary release fail to return, the details are passed to An Garda Síochána. However, I can advise the Deputy that all 226 prisoners returned to custody after their respective periods of temporary release.

Public Service Reform Plan Update

Questions (577)

Patrick O'Donovan

Question:

577. Deputy Patrick O'Donovan asked the Minister for Justice and Equality with reference to the public service reform document published by the Department of Public Expenditure and Reform on 17 November 2011, Appendix IIa, Bodies to be rationalised, Amalgamated or Abolished in 2012, the progress that has been made on those bodies; the changes that require legislation; the expected timeframe for conclusion; and if he will make a statement on the matter. [4291/13]

Written answers

Minister for Justice and Equality

As the Deputy is aware, the radical streamlining of State bodies is a key deliverable of the Public Services Reform Plan, published in November 2011. This streamlining included the rationalisation of 48 bodies by the end of 2012, as listed in Appendix IIa to the Reform Plan. 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.

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 as follows:

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. Administrative responsibility for the Equality Tribunal transferred to the Department of Jobs, Enterprise and Innovation from 1 January 2013.

Equality Authority, Human Rights Commission (Merge to form new Irish 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. In parallel, a selection process is currently in relation to the membership of the new Commission is underway. It is intended to appoint the successful applicants to the two existing bodies as an interim step, pending enactment of the legislation.

Irish Sentencing Information System Funding

Questions (578)

Anne Ferris

Question:

578. Deputy Anne Ferris asked the Minister for Justice and Equality if further funds will be provided to develop the Irish Sentencing Information System; and if he will make a statement on the matter. [4298/13]

Written answers

Minister for Justice and Equality

The Irish Sentencing Information System, or ISIS, results from the work of a steering committee established by the judiciary itself to oversee the development of an electronic system to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. The resulting website became operational as a pilot in August 2010 with information published on over 1000 cases. I consider the website has the potential in time to be a valuable tool not only to members of the judiciary but also for lawyers, researchers and those of us concerned with the needs of victims and their families and I welcome the recent announcement by the steering committee that two interns are shortly to be appointed under the JobBridge National Internship Scheme in order to recommence the detailed work of gathering and providing information via the website.

Missing Persons

Questions (579)

Noel Harrington

Question:

579. Deputy Noel Harrington asked the Minister for Justice and Equality further to Parliamentary Question No. 151 of 12 December 2012 (details supplied), if he will state the number of human remains that are in possession of the Forensic Science Laboratory that remain unidentified; and if he will make a statement on the matter. [4347/13]

Written answers

Minister for Justice and Equality

As I stated in my reply of 12 December 2012, I am informed by the Garda authorities that, despite numerous attempts by the Forensic Science Laboratory (FSL) to extract DNA from the remains in question in an effort to generate DNA profiles, all attempts to date have proved unsuccessful. I am further informed that the remains in question comprise four single or partial bones.

In my previous reply I also mentioned that new profiling technology will be introduced at the FSL, in early 2013, and it is expected that further tests will be carried out on the remains which have been recovered using this technology. I also referred to the advice that the extraction of DNA profiles from bones that have been in water for a long period of time is extremely difficult as the sea has been found to cause extensive degrading of Nuclear DNA over time. In this regard it would be appropriate to caution against raising expectations in relation to any further testing that may be carried out.

I am very much aware of the concerns which have been expressed in relation to these remains and my Department has conveyed these concerns to the Garda authorities. I am confident that in cases of missing persons, whether at sea or on land, An Garda Síochána does all in its power to assist families of those who have been lost and, in particular, would contact families when they have any information of substance to impart.

Sentencing Policy

Questions (580)

Róisín Shortall

Question:

580. Deputy Róisín Shortall asked the Minister for Justice and Equality his views on whether there needs to be further statutory sentencing guidelines for the judiciary in relation to serious sexual assaults; his plans to require the judiciary to develop consistent sentencing policy in relation to sexual assaults or the development of an independent sentencing committee; and his plans to amend the policy of sentencing for certain offences to address clear inadequacies and inconsistencies in the system. [4374/13]

Written answers

Minister for Justice and Equality

I know the Deputy will appreciate that judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. In accordance with this principle, the role of the Oireachtas has been to specify in law a maximum penalty and 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 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. Except for exceptional circumstances, I am of the view that the Oireachtas should be cautious in prescribing mandatory sentences. An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Criminal Appeal to review a sentence she regards as unduly lenient.

The Deputy may be aware that the Law Reform Commission, after detailed study some years ago, recommended against the introduction of statutory sentencing guidelines but favoured non-statutory sentencing principles. The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Sentencing practice is also being developed by a steering committee of the judiciary which developed the Irish Sentencing Information System (ISIS) website, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. Information on over 1,000 cases is detailed on the website and I welcome the committee's recent announcement that two JobBridge interns are to be appointed shortly in order to recommence populating the online database with information on sentencing in the criminal courts.

The Deputy may be aware that the ISIS committee also announced they are planning to recommence providing information on sentencing in relation to specific issues in which context an analysis has been published on rape sentencing prepared by the Judicial Researchers Office under the guidance of Mr. Justice Peter Charleton. I understand that seminars are also planned, including one focusing on the work of the Sentencing Council in the UK. Finally, as the Deputy may be aware, in September 2012, I announced a strategic review of penal policy. I have established a working group to carry out this review which will examine all aspects of penal policy and I expect the Group to report later this year.

Garda Síochána Ombudsman Commission Issues

Questions (581)

Róisín Shortall

Question:

581. Deputy Róisín Shortall asked the Minister for Justice and Equality the action that is being taken by an Garda Síochána to curb illegal distance sales of alcohol and the outcome in terms of Garda activity statistics, prosecutions, convictions secured and so on. [4375/13]

Written answers

Minister for Justice and Equality

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy again when the report is to hand.

Citizenship Applications

Questions (582)

James Bannon

Question:

582. Deputy James Bannon asked the Minister for Justice and Equality the position regarding an application for Irish citizenship in respect of a person (details suppled) in County Longford; and if he will make a statement on the matter. [4388/13]

Written answers

Minister for Justice and Equality

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question. My response to Parliamentary Question No. 179 of 21st November 2012, set out the position in respect of an application by the person concerned for residence in the State on the basis of civil partnership to an Irish national (extract below). Since that reply, documentation was requested by the Spouse of Irish National Section of INIS on 23rd November in order to allow for the application to be finalised. The documentation requested was not supplied in full. A further request for documentation issued on 13th December, 2012 resulting with the receipt of some of the documentation requested. A further request clarifying the list of documentation to be submitted, issued to the legal representative of the person concerned on 18th January, 2013. A response to this request is awaited.

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.

Extract from reply to PQ 179 - 21st November, 2012

I am informed by the Irish Naturalisation and Immigration Service (INIS) that an application from the person concerned for residence in the State on the sole basis of civil partnership to an Irish national is currently under consideration.

Applications are dealt with in chronological order and I understand that INIS expect a decision to issue in this case before the end of November, 2012. It should be noted that civil partnership with an Irish national nor marriage to an Irish national does not confer an automatic right of residence in the State.

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.

Equality Tribunal Cases

Questions (583)

Clare Daly

Question:

583. Deputy Clare Daly asked the Minister for Justice and Equality the 2012 figures for the number of complaints lodged with the Equality Tribunal under the Equal Status Acts 2000-2011; the number of complaints withdrawn; the number of complaints referred to mediation; the number of complaints settled at mediation; the number of complaints referred to investigation, hearing and decision; the number of decisions reached. [4401/13]

Written answers

Minister for Justice and Equality

The information sought by the Deputy in regard to complaints referred to the Equality Tribunal in 2012 under the Equal Status Acts 2000-2012 is as follows:

New complaints were referred in respect of 133 lead/grouped cases.

6 of these complaints were subsequently withdrawn, 4 during mediation with the mediator involved and 2 while awaiting investigation.

Invitation to mediation issued in respect of 93 of these cases, accepted by parties in 69 cases.

Of these 69 cases, 24 complaints were settled at mediation - by mediation agreement in 20 cases and by withdrawal of the complaint in 4 cases as outlined above. Mediation is still ongoing in 27 cases.

In total, 80 of the 133 new cases referred in 2012 have been referred to investigation, hearing and decision. This includes cases in which mediation was not accepted and cases not resolved at mediation which then proceeded to investigation. Investigation is still ongoing in 53 cases.

In 2012, decisions were issued in 46 cases on conclusion of investigation and hearing, 3 of which related to complaints referred in 2012.

National Lottery Funding Disbursement

Questions (584)

Caoimhghín Ó Caoláin

Question:

584. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality if he will provide details, year on year, of the compensation funding stream from the National Lottery, to those charities who had their own scratch card fund raising in situ and whose returns were negatively impacted by the introduction of the coterie of National Lottery products; if he will provide the above requested detail by individual charity; if he will project forward the anticipated or scheduled supports that each charity will receive; and if he will make a statement on the matter. [4431/13]

Written answers

Minister for Justice and Equality

The Charitable Lotteries Fund was established in 1997 to provide assistance to the promoters of certain private charitable lotteries that have products similar to products sold by the National Lottery. The Fund was originally drawn from the National Lottery surplus but, as with other National Lottery funded subheads, it is now drawn also from exchequer funds. From its establishment until 2011, the Charitable Lotteries Fund was administered by the Department of Finance. In mid-2011 responsibility for its administration was transferred to my Department and details of funding for 2012 and 2011 are as follows:

Charitable Lotteries Fund Allocation 2012

Charity	2012 Distribution (€)
REHAB Lotteries	3,923,659.43
Gael Linn	454,274.93
Asthma Society of Ireland	371,277.42
Irish Cancer Society	189,774.86
Polio Fellowship of Ireland	189,774.86
The Hanly Centre	176,194.59
Irish Lung Foundation Limited	101,458.34
West of Ireland Alzheimer Foundation	95,624.29
Ataxia Ireland	94,449.01
Drogheda Community Services Trust	78,107.81
St Kierans Community Centre	66,759.33
ISPCC	64,560.25
Irish M.E. Trust	63,795.57
Longford Cathedral Circle	39,943.77
Associated Charities Trust	27,067.76
Mulranny Day Centre Housing Co. Ltd.	19,578.59
Lyreacrompane Community Development Ltd	18,295.34
Sliabh-Ardagh Rural Development	13,378.73
Cappoquin Community Development Co. Ltd	12,025.13
Total	6,000,000.01

Charitable Lotteries Fund Allocation 2011

Charity	2011 Distribution (€)
REHAB Lotteries	3,905,661.42
Gael Linn	436,262.33
Asthma Society of Ireland	364,236.16
Irish Cancer Society	209,728.93
Polio Fellowship	209,728.93
The Hanly Centre	169,393.23
FÁSI	109,212.02
Irish Lung Foundation Limited	104,135.45
ISPCC	69,427.13
West of Ireland Alzheimer Foundation	94,298.22
Drogheda Community Services Trust	76,512.53
Irish M.E. Trust	64,633.59
St Kierans Community Centre	61,900.03
Longford Cathedral Circle	39,552.21
Associated Charities Trust	25,905.21
Lyreacrompane Community Development Ltd	18,885.88
Mulranny Day Centre Housing Co. Ltd.	18,182.60
Slieve-Ardagh Rural Development	12,401.26
Cappoquin Community Development Co. Ltd	9,942.85
Total	5,999,999.98

This Scheme cannot be sustained in the current circumstances and beneficiaries have been advised that it will be phased out on a gradual basis according to the following schedule, subject in the usual way to availability of funding on an annual basis, receipt of satisfactory applications from eligible organisations, and compliance with the terms and conditions of the Scheme: 2013 - Total available fund: €4 million; 2014 - Total available fund: €2 million; 2015 - Total available fund: €1 million; 2016 and subsequent years - Total available fund: Nil. The phasing out of the Scheme is currently the subject of a Judicial Review and, as such, I am not in a position to comment further.

Defence Forces Reserve

Questions (585)

Michael McGrath

Question:

585. Deputy Michael McGrath asked the Minister for Defence in respect of Reserve Defence Forces officers who command units and sub units in the first southern brigade, if he will confirm the date on which they were collectively briefed on impending changes and interim arrangements; by whom were they briefed; if this process was identical to that followed in the Eastern Brigade; and if not, if he will highlight the procedure followed in both. [3769/13]

Written answers

Minister for Defence

I have made inquiries with the military authorities in relation to the matter raised by the Deputy and I will write to him as soon as possible.

Defence Forces Reserve Training

Questions (586, 587)

Michael McGrath

Question:

586. Deputy Michael McGrath asked the Minister for Defence in what manner, by whom and when will Reservists be given detailed briefing on the following: the Training Plan for immediate months ahead; the criteria for being classed Effective; the options and opportunities and locations available to them to continue in service; the date, location and format of ceremonies to mark the disestablisment of the current organisation; and the formal recognition that will be afforded to honour the voluntary service of those who may find it impractical to continue. [3770/13]

Michael McGrath

Question:

587. Deputy Michael McGrath asked the Minister for Defence the training hours conducted by Reserve Defence Forces by brigade since 1 November 2012; if he will identify the brigades that have not conducted any training; the way the key criteria identified in VFM report of effective strength may be maintained in view of the fact that reservists have not been individually made aware of any resumption of training; and his views that this is appropriate in view of the voluntary military service to the State provided by those reservists. [3771/13]

Written answers

Minister for Defence

I propose to take Questions Nos. 586 and 587 together.

A major re-organisation of the Reserve Defence Force (RDF) is currently being implemented and the RDF is currently transitioning to a new "single force" organisational structure. This is necessary in order to ensure the continued viability of the RDF as outlined in the recommendations of the Value for Money Review of the Reserve Defence Force, which was published in November 2012.

The High Level Implementation Group with responsibility for the re-organisation of the Permanent Defence Force is now implementing the re-organisation of the RDF. The military authorities have set out an implementation framework which sets out a two phased approach. Phase 1 is ongoing and will provide for the introduction of new organisational structures by the end of March 2013. Members of the Reserve will be invited to apply for positions within the new Units and every effort will be made to facilitate existing members of the Reserve within the new organisation. During this transition to the new structures, Reserve training is being restricted to unarmed training. I have requested details of training hours by Brigade from the military authorities and I will forward these to the Deputy when they are available.

In addition, Phase 1 also provides for the preparation of detailed administrative, training and operational plans. This includes planning for ceremonial events to mark the disestablishment of existing RDF Units and training plans for new Units. These will be in place when the new Units are established at the end of March 2013. Members of the Reserve will be fully briefed when relevant plans are finalised.

Phase 2 of the implementation process (the duration of which is from the 1st April to the 30th September 2013) will concentrate on capability development. Armed training for members of the Reserve will resume, co-ordinated PDF and RDF training will commence and annual training camps will be conducted over the period June to August 2013. RDF recruitment will also be initiated in line with vacancies within the new establishment.

In line with the recommendations of the Value for Money Review, the criteria that govern the classification of Reservists as effective or non-effective are currently being reviewed by the military authorities. This is necessary to ensure that only Reservists that are meeting required training targets are classed as effective. This will provide a more accurate indicator of Reserve capacity. Any proposed changes to these criteria will require Ministerial approval in the form of an amendment to Defence Force Regulation R5. There will continue to be full consultation with the Representative Associations on all matters that fall within the scope of representation and regular bilateral meetings will continue over the coming months.