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Tuesday, 5 Feb 2013

Written Answers Nos. 660 - 671

Garda Retirements

Questions (660)

Niall Collins

Question:

660. Deputy Niall Collins asked the Minister for Justice and Equality the number of gardaí eligible to retire in 2013; the expected number of retirements; and if he will make a statement on the matter. [5717/13]

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Written answers

Members 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 1,450 Garda members who could retire in 2013 on full pension. However, there is no basis for expecting that all those who could retire will actually do so.

Equally it is difficult to establish an average figure for Garda retirements, particularly as the annual rate of retirements has been affected in the past by one-off factors such as the grace period which lasted until the end of February last year. While it would not be unreasonable, therefore, extrapolating from recent experience, to expect that retirements might range somewhere between 350 and 400, it is not possible to give a scientific estimate.

I have however, been informed by the Garda authorities that as of 1 February 2013, the number of Gardaí who have retired or declared their intention to retire during the course of 2013 is 58.

Garda Overtime

Questions (661)

Niall Collins

Question:

661. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide a breakdown of the total number of overtime hours undertaken by gardaí in 2010, 2011 and 2012; and if he will make a statement on the matter. [5718/13]

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Written answers

I am informed by the Garda authorities that the number of overtime hours worked by members of An Garda Síochána during 2010, 2011 and 2012 was as set out in the table below. The 2011 figure also includes overtime in respect of duties carried out during the State Visits of President Obama and Queen Elizabeth II which amounted in total to 765,598 hours.

Overtime in respect of duties

-

-

-

Year

2012

2011

2010

Overtime Hours

1,310,954

2,565,684

2,462,484

EU Directives

Questions (662)

Nicky McFadden

Question:

662. Deputy Nicky McFadden asked the Minister for Justice and Equality if the proposed Directive on minimum standards for victims of crime will be brought into national law; and if he will make a statement on the matter. [5815/13]

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Written answers

Directive 2012/29/EU of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA was adopted on 25 October 2012. In accordance with Article 27 of the Directive, Member States are required to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 16 November 2015.

The Directive provides extensive rights for crime victims throughout the criminal process. My officials are currently examining its provisions and considering how it is to be transposed into Irish law. It is not possible at this stage to give a definite date for publication of the legislation. I am confident, however, that we will meet the deadline for transposition of the Directive.

EU Directives

Questions (663)

Nicky McFadden

Question:

663. Deputy Nicky McFadden asked the Minister for Justice and Equality when the Directive to consolidate all family leave legislation will be implemented in a Bill; and if he will make a statement on the matter. [5825/13]

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Written answers

I assume the Deputy is referring to the revised Parental Leave Directive 2010/18/EU which gives legal effect to the revised Framework Agreement on Parental Leave, concluded by the European social partners (BUSINESSEUROPE, UEAPME, CEEP and ETUC). As previously indicated, the Government approved the drafting of a Family Leave Bill to consolidate with amendments all such leaves including maternity, adoptive, parental and carer's leave into one legislative act. This has been included in the Government's legislative programme.

I will shortly publish my proposals in relation to the transposition of this Directive.

Crime Data

Questions (664)

Jack Wall

Question:

664. Deputy Jack Wall asked the Minister for Justice and Equality the number of convictions secured under section 11 of the Non-Fatal Offences Against the Person Act 1997 in the past ten years; the number of convictions that have been secured in each year; and if he will make a statement on the matter. [5834/13]

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Written answers

The 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.

Citizenship Ceremonies

Questions (665)

Pearse Doherty

Question:

665. Deputy Pearse Doherty asked the Minister for Justice and Equality when a person (details supplied) approved for citizenship, who has submitted all of his or her required documents and certification fee, may expect to be called to attend the citizenship ceremony at which they will make a declaration of fidelity to the Irish nation and loyalty to the State; if the person will be allocated a place at the next citizenship ceremony; when the next ceremony will take place; and if he will make a statement on the matter. [5836/13]

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Written answers

Citizenship ceremony days take place periodically throughout the year, at which up to 4,000 candidates for citizenship make their declaration of fidelity to the Irish nation and loyalty to the State, give an undertaking to uphold the laws of the State and to respect its democratic values and receive their certificate of naturalisation. The next citizenship ceremony day will take place in March 2013. The person concerned has been allocated a place and an invitation will issue to him shortly.

Employment Rights

Questions (666)

Aengus Ó Snodaigh

Question:

666. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the measures in place to remove the ethos-based exemptions from the Employment Equality Act that allow for medical, religious and educational establishments to discriminate against their employees based on their sexual preference. [4077/13]

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Written answers

The Deputy refers to the provisions of Section 37(1) of the Employment Equality Act 1998, designed to allow schools and other institutions to maintain their religious ethos. I refer the Deputy to my reply to Parliamentary Questions, No. 54456 of 4 December 2012 and No. 2999 of 22 January 2013. The position is unchanged since then.

The Government has undertaken in its Programme for Government to ensure that people of non-faith or minority religious backgrounds and publicly identified LGBT people should not be deterred from training or taking up employment as teachers in the State.

I have previously expressed concern about the potential impact of section 37 of the Employment Equality Acts on lesbian, gay, bisexual and transgender persons. This section is designed to allow schools and other institutions to maintain their religious ethos. It was examined by the Supreme Court in 1996 when the Employment Equality Bill of 1996 was referred to it under Article 26 of the Constitution. The Supreme Court found that it is a reasonable balancing in legislation of the different rights involved, including chiefly the right to earn a living and the rights to freedom of religion and association. I am concerned however that, in practice, the balance is not a fair one and that in practice this provision can operate in a way that is unfair to LGBT persons. I consider that an extensive consultative process and formal assessment of the options should be undertaken. It is therefore my intention to ask the new Irish Human Rights and Equality Commissioners to examine the issue as a priority and to report on their views and recommendations to the two Ministers centrally concerned, the Minister for Education and Skills, Deputy Quinn and myself as the Minister for Justice and Equality and to the House. I am committed to bringing forward Government proposals for any necessary anti-discrimination amendment to this provision once this consultation process is completed.

Public Sector Pensions Data

Questions (667)

Willie O'Dea

Question:

667. Deputy Willie O'Dea asked the Minister for Justice and Equality the number of former public servants recruited before 6 April 1995 who receive a public sector pension, including both pensions funded by the Exchequer and through the Local Government Fund, and those pension schemes for which he has responsibility; the age profile of the public servants; if he will provide in tabular form the numbers of public sector pensioners in the following parameters, between €1,000 intervals up to €20,000 and those on more than €20,000. [5895/13]

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Written answers

In response to the Deputy’s question, pensions paid to former civil servants are a matter for the Department of Public Expenditure and Reform.

My Department is responsible for the payment of pensions to retired members of An Garda Síochána, retired solicitors of the Legal Aid Board and retired staff of the National Disability Authority. There are 7,958 individuals, recruited before 6 April 1995 in receipt of pensions with 73 pensioners aged less than 50 years, 2,596 aged between 50 and 59 years, 2,690 aged between 60 and 69 years, 2,083 between 70 and 79 years and 516 aged 80 years and over.

The pensioners in questions are in receipt of payments within the following ranges:

Pension Range - €

Number of Pensioners

0 to 1,000

0

1,000 to 2,000

1

2,000 to 3,000

4

3,000 to 4,000

3

4,000 to 5,000

6

5,000 to 6,000

9

6,000 to 7,000

14

7,000 to 8,000

17

8,000 to 9,000

13

9,000 to 10,000

13

10,000 to 11,000

13

11,000 to 12,000

16

12,000 to 13,000

15

13,000 to 14,000

13

14,000 to 15,000

23

15,000 to 16,000

15

16,000 to 17,000

14

17,000 to 18,000

24

18,000 to 19,000

19

19,000 to 20,000

17

Over 20,000

7,709

Garda Síochána Ombudsman Commission Issues

Questions (668)

Micheál Martin

Question:

668. Deputy Micheál Martin asked the Minister for Justice and Equality if his attention has been drawn to the increase in burglaries in the general Tallaght area of Dublin; if he will give assurances to the community; and if he will make a statement on the matter. [5904/13]

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Written answers

The Deputy will be aware that the Garda Commissioner has put Operation Fiacla in place in order to address incidents of burglary, aggravated burglaries and related offences occurring throughout the country. This Operation is intelligence driven and specific burglary initiatives have been implemented in each Garda Region to target suspect offenders. I am informed that as of 31 January 2013, 3,903 persons have been arrested and 2,142 persons have been charged with burglary offences under Operation Fiacla. The most recent crime statistics from the Central Statistics Office suggest that the Operation is having a positive impact of the level of burglary.

I have requested a report from the Garda authorities on this issue as it affects the Tallaght area and I will contact the Deputy directly when the report is to hand.

Courts Service

Questions (669)

Joe Carey

Question:

669. Deputy Joe Carey asked the Minister for Justice and Equality his plans for the creation of specialised family law courts here; and if he will make a statement on the matter. [5908/13]

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Written answers

As the Deputy is aware, the Programme for Government commits the Government to significant reform of the courts, including the establishment of a separate family law court structure that is streamlined, more efficient, and less costly.

I have initiated a consultation process with interested parties in relation to the establishment of family law courts and am hosting a seminar on 6 July next to discuss how such courts might operate. I have invited an eminent judge from the Australian Family Court to share her experiences of their system. The outcome of the seminar will feed into the process of designing the most appropriate model of family law courts for Ireland.

There are, however, alternatives to court available in the area of family law. I intend to bring forward, in the coming months, a Bill to promote mediation as a viable and cost effective alternative to court proceedings. The main objective of the Bill is the reduction of legal costs, the speeding up of dispute resolution and the lessening of the stress involved in court proceedings. These provisions are designed to ensure that the legal framework supports the parties in reaching an agreed and enduring resolution to their disputes where possible.

This measure will further enhance a successful initiative between the Courts Service, the Legal Aid Board and the Family Mediation Service which has been operating in the Dublin District Family Law Courts in Dolphin House since March 2011. The objective is to offer a robust alternative to a court determined outcome and a more appropriate means of resolving certain family disputes through mediation. This project has resulted in a total of 570 agreements finalised without recourse to the courts up to end December 2012. The project was extended further to Naas from September 2012 and to Cork with effect from January 2013.

Prisoner Transfers

Questions (670)

John Browne

Question:

670. Deputy John Browne asked the Minister for Justice and Equality the position regarding a person's application (details supplied) in County Wexford for repatriation back here from the US where they are serving a prison sentence. [5944/13]

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Written answers

I am advised by the Irish Prison Service that no such application, for a transfer to a prison here, has been received in respect of the person referred to by the Deputy.

Legislative Programme

Questions (671)

John Browne

Question:

671. Deputy John Browne asked the Minister for Justice and Equality when will the Mental Capacity Bill be enacted; and if he will make a statement on the matter. [5945/13]

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Written answers

Drafting of the Bill is being finalised with a view to meeting the commitment in the Government Legislation Programme which indicates that the Bill is expected to be published in the current session.

The Programme for Government contains a commitment to introduce a Bill that is in line with the UN Convention on the Rights of Persons with Disabilities. Work is being completed to properly align the provisions of the Bill with the principles contained in the UN Convention on supporting people with impaired capacity in making decisions and exercising their basic rights. I envisage that the revised title of the Bill, The Assisted Decision - Making (Capacity) Bill, will reflect this approach.

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