Written Answers Nos 154-173
154. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the amount of money paid in the years 2010, 2011 and 2012 by persons making a contribution towards the cost of the free legal aid that was provided to them by the State; and if he will make a statement on the matter. [6160/13]
View answerI wish to inform the Deputy that civil legal aid is provided by the Legal Aid Board, a statutory independent body. As I am sure the Deputy is aware, civil legal aid is not free and in accordance with the Civil Legal Aid Act, 1995, and the associated regulations, each applicant in receipt of civil legal aid or advice is required to make a contribution towards the cost of the service.
The contribution is calculated with reference to the person's disposable income and any disposable assets they may own. I am advised that currently, the minimum contribution payable is €10 for legal advice and €50 for legal aid (i.e. where the case involves court representation). In a small number of cases, the contribution is waived. The Deputy will also be aware that the legislation makes provision for the Board to recover its costs where a person in receipt of legal aid or advice receives an award or settlement on foot of the case.
Details concerning the monies received by the Board in respect of contributions and costs recovered for the relevant years are set out in the table hereunder. It should be noted that monies received in respect of civil legal aid includes asylum-related cases handled by the Board's Refugee Legal Service.
|
Year |
Contributions (€) |
Costs Recovered (€) |
|
2010 |
844,000 |
922,000 |
|
2011 |
810,000 |
974,000 |
|
2012 |
832,000 |
686,000 |
155. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his plans to reissue gardaí with the Uzi sub-machine guns that were withdrawn; and if he will make a statement on the matter. [6163/13]
View answerAs the Deputy will be aware, the specific arrangements made by An Garda Síochána in relation to firearms are, as operational matters, dealt with by the Garda Commissioner. In that context the Commissioner determines the appropriate measures to be put in place, including the specific firearms to be deployed, without reference to either myself or my Department. In view of the nature of the functions involved, it would not be appropriate for me to comment on the firearms that are used by Garda personnel but I can assure the Deputy that the armed capability of Garda members is kept under on-going review by the Garda authorities.
156. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of an application for residency status in the case of a person (details supplied) in Dublin 9; and if he will make a statement on the matter. [6176/13]
View answerThe person concerned has requested a right of residency in the State, accompanied by a right to work, based on the principles of the European Court of Justice Judgment in the Zambrano case. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that all information and documentation required to make a decision is on file, the Deputy can be assured that there will be no avoidable delay in having the case of the person concerned processed to completion.
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.
157. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he is satisfied that policing procedures, now applicable here, are in accordance with best international practice, particularly in the wake of the closure of a number of Garda stations throughout the country; his views that such closures will not interfere with good policing practices and requirements; and if he will make a statement on the matter. [6220/13]
View answerThe Deputy will be aware that 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 and on the Garda website.
The Commissioner has concluded that resources could be better deployed and more effectively used on the front-line if particular stations no longer had to be staffed and maintained or if the public opening hours of other stations could be reduced at off-peak times. He has given a commitment that where a station is to be closed local Garda management will consult with local communities on the alternative policing arrangements to be put in place in their area.
Furthermore, the Garda Commissioner has indicated he is confident that the implementation of the restructuring proposals contained in the 2013 Policing Plan will not lead to any diminution in the service provided by An Garda Síochána. In that regard he has stated that the revised structures will continue to support the Garda community philosophy through the clustering of services at policing hubs. This centralisation of services will facilitate the introduction of enhanced patrolling arrangements which, in turn, will provide increased Garda visibility as well as maintaining existing Garda links with communities throughout the country. I fully support the Commissioner in these actions and decisions.
158. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total number of gardaí and Garda Reserve, all ranks, as of 31 December in each of the past five years; and if he will make a statement on the matter. [6221/13]
View answerI am informed by the Garda authorities that the personnel strength of An Garda Síochána and the Garda Reserve on 31 December 2008 - 31 December 2012 was as set out in the table hereunder:
|
Strength |
2008 |
2009 |
2010 |
2011 |
2012 |
|
Garda |
14,412 |
14,547 |
14,377 |
13,894 |
13,424 |
|
Garda Reserve |
331 |
478 |
700 |
887 |
991 |
159. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total strength of the gardaí, at all ranks, as of 30 June in each of the past five years to date; and if he will make a statement on the matter. [6222/13]
View answerI am informed by the Garda authorities that the personnel strength of An Garda Síochána on 30 June 2008 - 30 June 2012 was as set out in the table hereunder:
|
Strength |
2008 |
2009 |
2010 |
2011 |
2012 |
|
Garda |
14,091 |
14,628 |
14,651 |
14,219 |
13,567 |
160. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which any backlogs exist throughout the Courts Service, and the extent to which cases at the District, Circuit, High and Supreme Courts are up to date; and if he will make a statement on the matter. [6223/13]
View answerAs the Deputy will be aware, under the Courts Service Act 1998, the management and administration of the courts is a matter for the Courts Service while the allocation of the business of the courts, scheduling of cases and management of lists are matters for the judiciary and in particular the Presidents of the courts. The Deputy will also be aware that judges are, subject to the Constitution and the law, independent in the exercise of their judicial functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the primary objective for the Service is to maintain the delivery of front line court sittings and services. The Service continuously works to support the judiciary and assist in ensuring that cases are dealt with as effectively and as speedily as possible. Available resources and operational and organisational structures are under ongoing review to ensure that resources are targeted and focussed on keeping waiting times in the provision of services to a minimum.
Waiting times in the Circuit and District Courts vary from venue to venue based on the number and complexity of cases. The Presidents of the various courts are determined to achieve improvements in waiting times and they are working with the Courts Service to target judicial resources at the areas with longest waiting times. It should be noted, for example, that in 2011 there were 674 weeks of Circuit Court sittings in venues outside Dublin. This increased to 767 weeks in 2012 and the President of the Circuit Court plans to increase capacity to 888 weeks during 2013, a 30% increase over 2011. The additional weeks will be provided across crime, family law and civil matters. Arrangements are underway to appoint a small new cadre of specialist judges of the Circuit Court to deal with the new work arising as a result of the Personal Insolvency Act 2012. The President of the District Court is also concentrating judicial resources in the areas of greatest need and is currently considering the allocation of additional judicial resources to the hearing of Family Law cases to address delays in this area.
The President of the High Court keeps waiting times under continuous review and has introduced a number of initiatives such as reorganising sittings of the High Court outside Dublin and arranging for additional court sittings during court recesses to reduce waiting times. In addition, the delegation to court officials of administrative functions previously dealt with by High Court judges has increased judicial availability for trial work. These initiatives continue to be reviewed and expanded. While the waiting time for asylum pre-leave applications is high, the allocation of more judges and, particularly, more research support for judges has helped to reduce the waiting time for post-leave applications to its lowest level in over two years. The Courts Service has also advised that despite significant pressure the waiting times in the High Court lists have generally reduced considerably.
The Supreme Court, however, continues to experience lengthy waiting times of up to 40 months at present. Waiting times for priority cases are at 9 months at present. Although considerable efforts are being made to manage the waiting times, the issue of capacity in the Supreme Court can only be fully resolved through the establishment of a Court of Appeal. The Government is committed to the holding of a Constitutional referendum on Article 34 which is necessary to achieve this and work has commenced in my Department in this regard.
161. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which new initiatives may be taken to deal with the existence of organised criminal, or paramilitary gangs, in line with constitutional and international law commitments or requirements; and if he will make a statement on the matter. [6224/13]
View answerI can assure the Deputy that countering the threat posed by organised criminal groups and terrorist groups remains a key ongoing priority for both the Government and An Garda Síochána. In counteracting these groups and their activities An Garda Síochána undertake a range of targeted activities designed to disrupt and dismantle their activities. In doing so, An Garda Síochána co-operate seamlessly with their counterparts in Northern Ireland. The Garda Commissioner and the Chief Constable of Northern Ireland have repeatedly emphasised to me that the close, high quality co-operation between their forces has been instrumental in preventing attacks, combating criminality and saving lives. The two police forces operate a joint Cross Border Policing Strategy that includes initiatives on intelligence-sharing and security to enhance co-ordinated efforts to combat the threat from such groups.
At the broader international level, An Garda Síochána actively contribute to international law enforcement efforts in tackling serious cross border criminality through, for example, initiatives co-ordinated by Europol and Interpol. Ireland also participates very constructively in the negotiation of initiatives and legislative instruments at European level to strengthen police and judicial cooperation, and continues to promote European advancements in this area under its Presidency.
I can also assure the House that I am committed to ensuring that the necessary legislative provisions are in place to give effect to our international commitments in this area and to support the operational actions of An Garda Síochána. By way of example, I am currently preparing an amendment to the Criminal Justice (Terrorist Offences) Act 2005 which will provide for the transposition into Irish law of EU and Council of Europe instruments on combating terrorism. The new Bill will create the three new offences of public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism. The new Bill will supplement the State’s existing strong body of counter terrorism law.
Finally, as previously indicated to the House, I am also keeping under review the legislative framework underpinning the State's response to organised crime, including the provisions of the Criminal Justice (Amendment) Act 2009, to see whether any further improvements could be made in this area.
162. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total number of incidents of rape reported in each of the past five years to date in 2013; the extent to which the perpetrators have been brought to justice in all cases; and if he will make a statement on the matter. [6225/13]
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.
165. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which serious crime involving the use of firearms, knives or other weapons have been recorded annually in the past five years; if any particular initiatives are contemplated to deal with the problem; and if he will make a statement on the matter. [6228/13]
View answerThe Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide relevant statistics directly to the Deputy.
An Garda Síochána's Policing Plan for 2013 reflects the priorities which I have set for the current year and includes as a strategic goal the objective of confronting serious crime in all its forms. The Gardaí employ multi-disciplinary, intelligence-led approaches to ensure the activities and resources of individuals and groups involved in all criminal enterprises, including armed crime, are effectively targeted. A wide range of legislative powers are in place to support the investigation and detection of serious crime, including by means of covert surveillance, and very serious penalties have been introduced for firearms offences. The Firearms Acts are kept under review in the interests of public safety and law enforcement.
There is also a comprehensive and robust legal framework in place to tackle knife crime including heavy penalties for breaches of the laws concerned. An Garda Síochána pro-actively target public disorder and anti-social behaviour, including knife related crime. Areas identified as public order hot-spots by local Garda management are the subject of additional foot and mobile patrols.
The Gardaí are devoting all the necessary resources to combat the sorts of serious crime referred to by the Deputy, and they will continue to have my full support in this regard.
166. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when it is expected to reform the legal aid services with particular reference to the need to eliminate waiting lists and curtail costs; and if he will make a statement on the matter. [6229/13]
View answerI wish to inform the Deputy that the provision of legal aid falls within two separate categories, i.e. civil legal aid and criminal legal aid. Details in respect of each category are as follows:
Civil Legal Aid
State funding of €32.9 million was allocated to the Legal Aid Board in 2012 and this level of funding has been maintained for this year. This covers funding for civil legal aid and advice, including legal services for asylum seekers, and also funding for the provision of the Family Mediation Service, for which the Board assumed responsibility in late 2011. There has been a significant increase in demand for civil legal aid services in recent years, with a much greater number of people financially eligible as a result of the economic downturn. Unfortunately, the deterioration in public finances in recent years has meant that it has not been possible to allocate further resources to the Board to meet the increased demand. As a result, the waiting times to access services have lengthened somewhat.
In view of the substantial demand for civil legal aid and the associated waiting times, the Legal Aid Board is focusing on maximising the effectiveness of the resources available to it to deliver a meaningful service. Amongst the measures taken recently to this end are initiatives to increase the use of mediation to resolve family disputes, which leads to reduced legal costs, and the introduction of a 'triage' service to ensure that clients receive initial legal advice within one month of making an application for legal services. The Board is also striving to make its law centre network as effective and efficient as possible and the recent introduction of a new legal case management system will help in this regard. I should also point out that the Board introduced new conditions for retaining barristers in August 2012 which will result in lower fees paid to barristers in cases where they are instructed by Legal Aid Board solicitors.
Criminal Legal Aid
There are no waiting lists associated with the granting or processing of criminal legal aid. As the Deputy may be aware, under the Criminal Justice (Legal Aid) Act 1962, the judiciary are responsible for the granting of criminal legal aid. The nature of the Scheme is that it is demand-led, driven by the incidence of crime, detection rates and prosecutions of cases through the courts systems. This makes it difficult to anticipate and control costs. A number of measures have been taken however since I took office including a reduction of 10% in the fees payable. A reduction of 50% was also applied to payments in respect of adjourned sentence hearings and travel and subsistence. Following these and other measures introduced in the course of 2011, a 10% reduction in total expenditure was recorded in 2012 compared with 2011 which is the first substantial reduction ever recorded under this Scheme.
In addition, the Working Group on Efficiencies in the Circuit and District Courts has been pursuing initiatives which can contribute to achieving efficiencies and cost reductions in the system such as, for example, introducing a pilot programme centralising custody cases in four court Districts and the introduction of the pre-trial procedure for criminal trials in the Dublin, Midland and South Eastern Circuits.
Finally, a new Legal Aid Bill is planned to update and strengthen the system of granting legal aid including transferring responsibility for the administration of the Scheme to the Legal Aid Board. I hope it will be possible to publish the Bill during the course of this year.
167. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which legal costs were incurred by the State in respect of cases brought before the courts on constitutional grounds; the extent to which the complainants and-or plaintiffs contributed towards the costs; and if he will make a statement on the matter. [6230/13]
View answerI have no responsibility to the Dáil for legal costs incurred by the State in respect of cases brought before the Courts on constitutional grounds. My responsibility is restricted to cases which come under the aegis of my Department. As the Deputy may be aware, where such cases are taken they are managed by each individual Department with the advice of the Attorney General's Office which is responsible for the State's costs while line Departments are responsible for meeting any third party costs granted. Unless costs are awarded against the State, no Department would be aware of the costs incurred by the plaintiff. I regret I cannot be of more assistance to the Deputy in this instance.
168. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which adequate provision is being made to tackle organised crime, with particular reference to surveillance and monitoring the activities of criminal gangs; and if he will make a statement on the matter. [6231/13]
View answerI am in ongoing contact with the Garda Commissioner about all aspects of serious crime and the Gardaí will continue to bear down heavily on the activities of those involved. Specifically, the Garda Síochána Policing Plan 2013 sets out key actions aimed at tackling organised crime, with a continued focus on drug trafficking, and identifying and targeting organised crime gangs through pro-active, intelligence based operations. The determination with which the Gardaí are putting this Plan into effect is clear from the extent of the Garda operations launched against criminal gangs.
Organised crime needs to be combatted by disrupting and prosecuting those involved in its operations, and especially the drugs trade which is at the heart of much of its profits. Substantial efforts by An Garda Síochána and Customs are therefore devoted to counteracting this form of crime. A wide range of legislative powers are in place to support the investigation and detection of serious crime, including through covert surveillance, and very serious penalties have been introduced for firearms and organised crime offences. Furthermore, I have made it clear to the Garda Commissioner that if he feels there are other legislative measures which might be taken in this area I will look at that very positively.
Despite the constraints on public finances, substantial Garda resources remain in place and these must be seen in the context of the programme of real reform which is being delivered in An Garda Síochána under the Croke Park Agreement. Fundamentally, the objective of the present reforms is to maximise the time that our well-trained and highly skilled Gardaí spend on operational duties. The Garda Commissioner continues to have my full support in the steps he is taking to tackle organised crime and to bring those involved to justice.
169. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent, if any, to which redeployment of personnel within the Garda Síochána will take place to ensure adequate policing with particular reference to the need to meet the threat of highly mobile and motorised criminal gangs; and if he will make a statement on the matter. [6232/13]
View answerThe Deputy will be aware that the Commissioner is responsible for the detailed allocation of resources, including the deployment of personnel, throughout the organisation and I have no direct function in the matter. This allocation of resources is constantly monitored in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.
The Deputy will be aware that last year the Garda Commissioner put in place a specific operation - Operation Fiacla - to address incidents of burglary, aggravated burglaries and related offences throughout the country. Operation Fiacla is intelligence driven and special 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.
Operation Fiacla 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. An Garda Síochána also places great emphasis on the importance of community partnerships such as Community Alert and Neighbourhood Watch, in preventing and detecting crime, and maintaining a safe environment for everyone. Gardaí continue to invest time and energy in these partnerships and relationships to the benefit of all. I have also strongly supported the Garda Commissioner in the introduction of real reform, such as the piloting of new rosters, the closure of under-utilised stations and the consequent freeing-up of Gardaí for operational duties, and the merger of Garda Districts which will bring about much greater administrative efficiency. These reforms are vital to ensure that the best use is made of Garda resources and that the most efficient and effective policing service is delivered to the public.
170. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he and his Department have monitored the levels of break-ins to private households and-or commercial premises; the extent to which the number of such robberies has fluctuated in each of the past five years to date, in both urban and rural areas; and if he will make a statement on the matter. [6233/13]
View answerI can assure the Deputy that I am very conscious of the distress which burglary can cause to householders and the impact that property crimes have on businesses. The Garda authorities monitor these and all other crime trends carefully and the Garda Commissioner is deploying the substantial resources available to him in a targeted approach to confront those engaged in burglaries, in particular through Operation Fiacla. This 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. 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.
Furthermore, the Garda National Crime Prevention Unit (NCPU) and Crime Prevention Officers at divisional level provide advice, information and support to organisations, businesses and individuals aimed at reducing burglary crime and the opportunity to commit burglary. These specially trained officers are skilled at identifying environmental design risks and provide advice on what mitigating action can be taken to reduce opportunities to commit burglary and other property crime. An Garda Síochána also works closely with Community Alert, Neighbourhood Watch and other local groups with a view to providing support and assistance in crime prevention.
Insofar as the particular statistics sought by the Deputy are concerned, 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 the figures in question directly to him.
171. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total number of vacancies at all ranks awaiting to be filled at present; the extent to which such posts are to be filled in the current year; and if he will make a statement on the matter. [6234/13]
View answerThe Deputy will be aware that the Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no direct function in the matter. This allocation of resources is constantly monitored in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.
While regulations have previously provided for the numbers permitted in each rank, these have been upper ceilings for those numbers, rather than target strengths, and are set at a national rather than local level. It is therefore not generally practical to indicate precise levels of vacancies at the different ranks in specific locations.
With the exception of recruitment to the Garda reserve, the moratorium on recruitment and appointments continues to apply in the Garda Síochána and I remain in dialogue with my colleague the Minister for Public Expenditure and Reform in relation to the filling of positions at supervisory and management levels in the organisation. In this regard, competitions are currently underway to establish panels for promotion from Garda to Sergeant, from Inspector to Superintendent and from Superintendent to Chief Superintendent. A panel is already in place for the promotion of members from Sergeant to Inspector.
172. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which prisoners serving long-term sentences, in respect of first-time offences, have been referred for rehabilitative training and-or education in their first year of incarceration in the past five years; the number of recidivistic offenders who have availed of such schemes in the same period; and if he will make a statement on the matter. [6235/13]
View answerThe Deputy will be aware from my replies to previous Parliamentary Questions that the statistics requested 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 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.
173. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total number of persons reported and listed as missing in this country at present; the extent to which investigations are ongoing in such cases; and if he will make a statement on the matter. [6236/13]
View answerI have requested a report from the Garda authorities on the matters raised by the Deputy. I will contact the Deputy directly when the report is to hand.
