Written Answers Nos. 34-53
37. Deputy Martin Ferris asked the Minister for Justice and Equality if his attention has been drawn to the fact that in 2011 the figure for racist assaults causing harm rose to 21 from seven the previous year; and his plans to address hate crimes such as this. [5998/13]
View answerI am of course concerned about any level of racist crime and can assure the Deputy that An Garda Síochána monitors this type of crime, and indeed all other types of crime, very carefully. All members of An Garda Síochána are tasked with enforcing all legislation relating to criminal matters, including the relevant provisions relating to racist behaviour. On receipt of any complaint the matter will be subject of a full investigation by An Garda Síochána and on completion of such investigation an Investigation File will be submitted to the Law Officers who, on being satisfied that there is sufficient evidence available to warrant a prosecution, will direct what charges, if any, are to be proffered.
The Garda Racial Intercultural and Diversity Office (GRIDO) has responsibility for coordinating, monitoring and advising on all aspects of policing Ireland's diverse communities. GRIDO monitors the reporting and recording of hate and racist crime on a continual basis. There are currently a total of 311 Garda Ethnic Liaison Officers (ELOs) appointed to work with minority communities at local level. These officers combined with GRIDO play a fundamental role in liaising with minority groups and work in partnership to encourage tolerance, respect and understanding within communities in the pursuit of preventing the commission of hate and racist crime. GRIDO and ELOs provide advice and assistance to victims of hate or racist crime where required or deemed necessary.
In addition to the work of the Gardaí, the Office for the Promotion of Migrant Integration, which operates under my Department's remit, provides substantial funding to local authorities around the country to support local programmes that educate the public on issues such as immigration, integration and anti-racism.
39. Deputy John McGuinness asked the Minister for Justice and Equality the average waiting time for Garda vetting in 2009, 2010, 2011 and 2012; and if he will make a statement on the matter. [6049/13]
View answerThe Garda Central Vetting Unit (GCVU) provides employment vetting for approximately 20,000 organisations in Ireland which employ personnel to work in a full time part time, voluntary or student capacity with children and or vulnerable adults. The Unit processed approximately 328,000 vetting applications on behalf of these organisations in 2012.
I am informed by the Garda authorities that the average processing time for Garda vetting applications for the years 2009 to 2012 are as follows:
|
2009 |
2010 |
2011 |
2012 |
|
6.5 weeks |
12 weeks |
8 weeks |
8 weeks |
The GCVU, which will become the National Vetting Bureau under the provisions of the National Vetting Bureau Act 2012 Act enacted in December last, will have a substantially expanded role under the new legislation. I am currently engaged with An Garda Síochána and the Department of Public Expenditure and Reform in addressing the staffing issues relevant to the coming into force of the 2012 Act.
It is my objective that processing times should be kept to a minimum, while maintaining the overall integrity of the vetting system.
41. Deputy Robert Troy asked the Minister for Justice and Equality the funding that has been earmarked for the Irish Sentencing and Information Service; and if he will make a statement on the matter. [6038/13]
View answerThe Irish Sentencing Information System, or ISIS, results from the work of the judiciary 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 project was developed and is overseen by a Committee of the Court Service Board set up in 2004 and chaired by the Chief Justice. The Courts Service funded the work of the Committee in initially engaging a junior barrister to carry out research into the area of sentencing and sentencing information systems; funding a visit from Director of the Centre for Sentencing Research at Glasgow Law School who made a presentation in 2005 on the sentencing information system in use in the Scottish High Court and other jurisdictions and funding a visit by Court Service officials to Edinburgh to observe the use of the sentencing information system by the Scottish Courts Service. The Courts Service also funded the provision of legal advice to the Committee on data protection issues which arose. The project was progressed by way of a series of pilot projects between 2005 and 2009. During this period the Courts Service retained the services of a further 9 barristers to collect and collate information on sentencing outcomes. The Courts Service through its ICT Unit also supported the development of a computer system for the storage of the sentencing data collected and a pilot website which can be accessed by members of the judiciary and the public. The resulting website became operational as a pilot in August 2010 with information published on over 1000 cases. The Service has informed me that total expenditure to the end of 2010 was €397,060.
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. The Courts Service has confirmed that it will continue to support the development and implementation of the ISIS project.
42. Deputy Martin Ferris asked the Minister for Justice and Equality the date on which he will introduce a new immigration Bill; and if he will make a statement on the matter. [5999/13]
View answerWork on the details of the Immigration, Residence and Protection Bill 2010 is ongoing at my Department pursuant to current Government policy which is committed, under the Programme for Government, to "introduce comprehensive reforms of the immigration, residency and asylum systems, which will include a statutory appeals system and set out rights and obligations in a transparent way". As I have outlined previously to the Joint Committee on Justice, Equality and Defence, several hundred amendments to the Bill are anticipated, the majority of a technical nature. On that occasion, I also expressed the considered view that instead of engaging in an extremely cumbersome process of tabling hundreds of amendments to the 2010 Bill it would be much more efficient to publish a new and enhanced text. Such an approach can incorporate the many anticipated amendments while addressing key outstanding issues, several of which have been of concern to Members. This proposition was broadly welcomed by the Joint Committee.
Work on the Bill continues, therefore, on that basis, including in cooperation with the Offices of Parliamentary Counsel and of the Attorney General while also taking account of any relevant rulings by the Courts. It remains my objective under this new approach, and mindful of our having to deal with the competing legislative demands of our EU/IMF/ECB Programme commitments, to be in a position to bring a revised Bill to Government for approval and publication later this year.
44. Deputy Gerry Adams asked the Minister for Justice and Equality his plans to ratify the Optional Protocol to the UN Convention against Torture, and establish effective National Preventative Mechanisms under the Protocol; and if he will make a statement on the matter. [5995/13]
View answerThe Deputy will be aware that a number of bodies in this jurisdiction already have responsibility for inspecting places of detention. The Optional Protocol to the UN Convention against Torture (OP-CAT) provides for a system of inspections of places of detention at UN level, and at national level by what the optional protocol refers to as National Preventative Mechanisms.
The Government has approved the drafting of a General Scheme of an Inspection of Places of Detention Bill, which will include provisions to enable ratification of OP-CAT. The Bill will make provision for the designation of National Preventative Mechanisms. Subject to competing legislative priorities, it is expected that the General Scheme will be completed early this year.
Once work on preparation of the General Scheme has been completed, I will be seeking Government approval for its publication to facilitate a consultation process in advance of drafting and publication of the Bill.
Arrangements will be made to ratify the optional protocol as soon as possible after the necessary legislation has been enacted.
45. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if he will revoke the deportation order in respect of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [5662/13]
View answerThe person concerned is a failed asylum applicant. A subsequent application for Subsidiary Protection was also refused and a Deportation Order was made in respect of the person concerned on 3rd October, 2011. This Order was served by registered post dated 11th October, 2011 which placed a legal obligation on the person concerned to leave the State and to remain out of the State.
Further representations were submitted by and on behalf of the person concerned, requesting that his Deportation Order be revoked. These representations are under consideration at present. Once a decision has been taken i.e. to 'revoke' or to 'affirm' the Deportation Order, this 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.
46. Deputy Clare Daly asked the Minister for Justice and Equality if he will confirm the number of fixed charge penalty notices that were issued as a result of images captured by GoSafe operators and the numbers that were terminated. [6013/13]
View answerI am informed by the Garda authorities that Fixed Charge Notices for speeding offences are classified into 'intercept' and 'non-intercept' detections. 'Non-intercept' offences are recorded by fixed and mobile speed cameras, which include speed cameras operated by Go Safe as well as Garda mobile speed detection 'Robot' vehicles. These are distinct from 'intercept' speeding offences which are detected by members of An Garda Síochána in person.
I am further informed by An Garda Síochána that information in relation to speeding offences detected by Go Safe is included in the overall number of 'non-intercept' detections. In this regard, I am informed by the Garda authorities that in the period November, 2010 to December, 2012, 409,296 fixed charge notices issued in respect of 'non-intercept' speeding offences and 44,592 such notices were cancelled. It should be noted that the figures provided by an Garda Síochána are provisional, operational and subject to change.
As I have set out in response to other questions on this subject today, there can be circumstances where a 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. The procedures provide authority to District Officers, or Inspectors Acting as District Officers, and an Inspector in the Fixed Charge Processing Office to cancel Fixed Charge Notices.
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.
47. Deputy Michael Colreavy asked the Minister for Justice and Equality his plans to allow claimants with a human rights or public interest element to their case to apply for and receive protective cost orders. [6002/13]
View answerIt has always been a matter for the courts to determine liability for costs and the general rule, with limited statutory exception, is that costs follow the event. The courts may of course, in exceptional circumstances, direct otherwise and have done so in the past where significant issues of public interest have been raised and they continue to have that discretion.
I am, therefore, mindful of the proven benefits of the existing judicial discretion on this issue and of the need for any new approach to recognise this while avoiding any unintended consequences or prohibitive cost burden for the State, especially in the current economic circumstances. I note, too, the Law Reform Commission's previous cautious approach to pre-emptive costs as expressed in its Report on Judicial Review Procedure (LRC 71-2004). These are among the many factors which I have been taking into account in my consideration of the issue of protective costs orders and of their possible future application - including in the context of the Legal Services Regulation Bill 2011 which, though not making specific provision for such orders, provides a new framework for the regulation of the legal professions and of legal costs. The consideration of these various aspects of the issue of protective costs orders is, therefore, ongoing at my Department and its outcome will be made known at the appropriate time.
48. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the actions that have been thus far completed that are contained in the Irish Prison Service action plan on the recommendations contained in the Inspector of Prisons' report into the circumstances surrounding the death of a person (details supplied) at Cloverhill Courthouse on 20 December 2011. [5990/13]
View answerThe Deputy will be aware that the Inspector's Report was published by me on 24 January 2013. The Action Plan contained a number of recommendations requiring action by the Irish Prison Service and my officials in the Prison Service are giving the matter urgent consideration. I have been assured by the Director General of the Irish Prison Service that action has already been taken by prison management in relation to a number of issues. Enhanced arrangements have been introduced in relation to the notification of the vulnerable status of prisoners to escort staff. Furthermore, all vulnerable prisoners are now returned to Cloverhill Prison immediately upon completion of their Court appearance. As detailed in the Action Plan, which has also been published on the Department’s website, a timeframe has been established to address the other issues identified by the Inspector in his Report.
49. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which crimes continue to be committed by persons while remanded on bail; the extent to which such crimes have been monitored and enumerated in each of the past five years to date; the number of such persons who have committed more than one crime while on bail in respect of a previous serious offence; if any comparisons have been made with trends of a similar nature in other jurisdictions; if it is expected to bring bail laws in this country into line with similar democracies; and if he will make a statement on the matter. [5983/13]
View answer163. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of offences committed by persons while remanded on bail in each of the past three years to date; and if he will make a statement on the matter. [6226/13]
View answer164. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prisoners recorded as having absconded while on bail in the past ten years to date; the number recaptured or still at large; and if he will make a statement on the matter. [6227/13]
View answerI propose to take Questions Nos. 49, 163 and 164 together
I share the public concern about the extent to which offences continue to be committed by persons on bail. As the Deputy will be aware, the criminal law takes a serious view of offences committed by persons on bail. Section 11 of the Criminal Justice Act 1984 provides that any sentence of imprisonment passed on a person for an offence committed while on bail must be consecutive on any sentence passed on him or her for a previous offence, or on the sentence last due to expire, if more than one is being served. It also provides that the fact that an offence was committed while on bail must be treated as an aggravating factor at sentencing and that the court shall impose a sentence that is greater than that which would have been imposed otherwise, unless there are exceptional circumstances.
A decision to grant bail in a particular case is a matter for the court, which is, subject only to the Constitution and the law, independent in the exercise of its judicial functions. There is a constitutional presumption in favour of bail, since, in the eyes of the law, a person is innocent until proven guilty. The provisions of the European Convention on Human Rights also restrict the extent to which the right to bail can be limited.
Prior to the Sixteenth Amendment of the Constitution, bail could be refused essentially only on the grounds that a person would be likely to abscond or interfere with witnesses. The Bail Act 1997, which gave effect to the terms of the Sixteenth Amendment of the Constitution, provides for the refusal of bail to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person.
In addition, section 6 of that Act, as amended by section 9 of the Criminal Justice Act 2007, provides that every bail recognisance is subject to the condition that the accused person shall not commit an offence while on bail.
I believe that bail law must be continually reviewed to ensure that all possible avenues are taken to protect the public against the commission of crime, particularly serious crime, by persons on bail. Accordingly, my Department has been engaged in work to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law. In the context of that modernisation of the law, I will be seeking to restructure the law so that it has a focus on the protection of the individual and of the public. My intention is that the new proposals will provide better guidance to the courts on how such protection might be provided. I am also taking the opportunity to introduce some general improvements to bail law to improve the overall working of the bail system. I will bring proposals to Government on the matter as soon as possible, having regard to other legislative priorities.
In relation to the statistics requested by the Deputy regarding the number of offences committed by persons while remanded on bail, the 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.
Regarding the number of persons recorded as having absconded while on bail, I have requested the Courts Service to supply information on the number of bench warrants issued where a person on bail fails to attend court. I will contact the Deputy again when the information is to hand.
51. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality if he is satisfied with the operation of the GoSafe system; his plans to expand same; and if he will make a statement on the matter. [6015/13]
View answer62. Deputy Mick Wallace asked the Minister for Justice and Equality if his attention has been drawn to any problems in relation to the manner in which data is collected by the GoSafe system; and if he will make a statement on the matter. [6016/13]
View answerI propose to take Questions Nos. 51 and 62 together.
I am informed by An Garda Síochána that the outsourced safety camera network commenced operations in November, 2010. The objective of the network is to reduce the number of speed related collisions and so save lives, as excessive or inappropriate speeding is a major factor in road traffic collisions and fatalities.
A targeted approach to speed enforcement is being undertaken in order to significantly reduce the incidence of fatal and serious injuries and improve road safety. To this end, An Garda Síochána, in conjunction with the National Roads Authority, completed an extensive analysis of the collision history on the road network. Sections of road have been identified where a significant proportion of collisions occurred whereby speed was deemed the primary contributory factor.
Based on this analysis, a list of speed enforcement zones has been developed with the aim of providing information to motorists in order to raise awareness of speeding in these zones. An Garda Síochána utilises these zones in order to direct speed enforcement activity, in a proportionate and targeted manner.
I am also advised that safety cameras only operate on sections of road which have a history of collisions occurring where speed was a contributory factor. The locations of these speed enforcement zones are in the public domain and are available on the Garda website www.garda.ie.
These speed enforcement zones are continually reviewed in light of survey data, collision history and local feedback to ensure that enforcement activity is properly targeted. Surveys continue to be conducted to ensure the appropriate deployment of safety cameras on roads which have been identified as subject of inappropriate speed and where fatal and serious injury collisions continue to occur.
I am assured by the Garda authorities that, in accordance with the contract with Go Safe, the service provider is responsible for ensuring that all equipment used in connection with the service is installed, calibrated and maintained in accordance with approved standards. I am further advised that An Garda Síochána is not aware of any issues with regard to equipment or technology utilised by the service provider in the provision of the safety camera service or any issue in terms of data or data transfer.
I am determined that resources of An Garda Síochána are used in the most efficient and effective way possible. In that regard, the outsourced safety camera network represents a considerable increase in capacity in terms of road safety enforcement while using Garda resources to the best possible effect.
52. Deputy Peadar Tóibín asked the Minister for Justice and Equality his plans to increase civilianisation of the Garda in order to ensure that they are freed from desk duties. [6005/13]
View answerThe number of civilian staff in the Garda Síochána has increased in recent years to just over 2,000 full-time-equivalent staff in the Garda Síochána. These staff provide vital services in a wide range of areas, such as human resources, training & development, IT and telecommunications, finance and procurement, internal audit, research and analysis, accommodation and fleet management, scene-of-crime support and medical services. In doing so, they release highly trained Gardaí from administrative tasks to operational policing. Civilian staff have also been appointed to the senior management positions of Executive Director of Finance, Executive Director of IT and Head of Legal Affairs. A competition for the appointment of a new Chief Administration Officer has also recently concluded and an appointment to that position is expected shortly.
53. Deputy John Halligan asked the Minister for Justice and Equality if he will revoke the deportation order in respect of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [5663/13]
View answerThe person concerned is a failed asylum applicant. A subsequent application for Subsidiary Protection was also refused and a Deportation Order was made in respect of the person concerned on 3rd October, 2011. This Order was served by registered post dated 11th October, 2011 which placed a legal obligation on the person concerned to leave the State and to remain out of the State.
Further representations were submitted by and on behalf of the person concerned, requesting that his Deportation Order be revoked. These representations are under consideration at present. Once a decision has been taken i.e. to 'revoke' or to 'affirm' the Deportation Order, this 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.
