Written Answers Nos. 153-160
153. Deputy Robert Dowds asked the Minister for Justice and Equality if he will outline current legislation regarding the right of unmarried fathers to have access to their children; and the changes expected to this in view of the recent Children's referendum. [7615/13]
View answerUnder section 11 of the Guardianship of Infants Act 1964, an unmarried father of a child, whether or not he is a guardian of the child, may apply to the court for an order giving directions on any question affecting the welfare of the child including the question of access to the child. In making such orders the court has to regard the welfare of the child as the first and paramount consideration. Where appropriate and practicable, the Court in making any order takes into account the child's wishes in the matter having regard to the age and understanding of the child. In considering whether to make an order under section 11, the court, further to section 11D (as inserted in the Act of 1964 by the Children Act 1997) must have regard to whether the child's best interests would be served by maintaining personal relations and direct contact with both his or her father and mother on a regular basis.
The Act of 1964 (again by way of amendments in the Children Act 1997) encourages parties to a dispute in relation to a child to agree on the custody or guardianship of or access to a child. Prior to institution of proceedings the legal representatives of the parties must discuss with them the possibility of agreement. The Court may adjourn any proceedings to assist agreement between the parties.
I am presently engaged in the preparation of a Family Relationships and Children Bill. In this regard the existing provisions on guardianship, custody and access are being examined in order to ensure they are fully compliant with the new provisions in Article 42A.4 of the Constitution on the paramountcy of the best interests of the child and the child's right to have his or her views ascertained and given due weight in all proceedings.
154. Deputy Peadar Tóibín asked the Minister for Justice and Equality if he will detail the number of applications under the immigrant investor bond and the start-up entrepreneur programme since the programmes were opened to application; the number of pending applications; the number of successful applications; and the value of investments made under each programme. [7636/13]
View answerSince the launch of the Immigrant Investor Programme and the Start-up Entrepreneur Programme in April 2012, the Evaluation Committee have examined nineteen applications under the Start-up Entrepreneur Programme and five applications under the Immigrant Investor Programme. Approval has been given to eleven applications under the Start-up Entrepreneur Programme and three applications under the Immigrant Investor Programme. The Committee has requested further information from two applicants under the Immigrant Investor Programme. The fourteen proposals which have been approved during 2012 represent an investment commitment in Ireland of over €10.4 million and are projected to protect over 80 existing jobs and create 190 jobs in new enterprises over the next 3 years.
My officials inform me that since the last Evaluation Committee meeting in November 2013, one further application has been received under the Start-up Entrepreneur Programme and four applications have been received under the Immigrant Investor Programme.
155. Deputy Niall Collins asked the Minister for Justice and Equality his plans for the closure of Templemore and Roscrea Garda stations, County Tipperary; and if he will make a statement on the matter. [7642/13]
View answerThe Commissioner's Policing Plan for 2013 sets out details for the closure of 100 Garda stations throughout the country. 95 of these stations were closed on the 31st January 2013 and the remaining 5 will be closed in the coming months. Neither Templemore nor Roscrea Garda Stations are listed for closure in 2013.
While the Policing plans for 2014 and 2015 have not yet been prepared, I understand, from discussions with the Garda Commissioner, that the current consolidation process will be largely completed by the end of this year and it seems unlikely at this point in time that there will be any further station closures in 2014 and 2015.
156. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans to bring forward a gambling control Bill; and if he will make a statement on the matter. [7690/13]
View answerThe Deputy will recall my announcement in September 2011 that the Government had approved my proposals for new legislation on the regulation of gambling. The new legislation will give priority to the protection of consumers, especially the more vulnerable.
Work on the preparation of the Heads of a new Bill is nearing completion in my Department. I hope to be able to bring the Heads to Government shortly for its approval and agreement to proceed to formal drafting.
It is my intention to make the Heads of the Bill available on my Department's website once they have been approved by the Government.
157. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of road checkpoints undertaken by an Garda Síochána for the years 2009, 2010, 2011, 2012 and to date in 2013; and if he will make a statement on the matter. [7691/13]
View answerI am informed by the Garda authorities that it is not possible to provide a figure for the overall number of roadside checkpoints carried out by Gardaí. Gardaí who are on duty would frequently have occasion to engage and interact with various road users and such interactions may not necessitate further action or be recorded.
All members of An Garda Síochána are tasked with the enforcement of relevant legislation, including the Road Traffic and Road Transport Acts and this policy will continue. As part of this enforcement policy members of An Garda Síochána carry out planned, unplanned and 'ad hoc' checkpoints as required.
Insofar as mandatory alcohol checkpoints ('MAT' Checkpoints) are concerned the number of checkpoints for the years 2010, 2011 and 2012 are as follows:
|
Year |
MAT Checkpoints |
|
2010 |
56,532 |
|
2011 |
69,996 |
|
2012 |
71,073 |
Information provided by An Garda Síochána is as at 8 January, 2013 and is provisional, operational and subject to change.
An Garda Síochána continually conducts awareness campaigns and enforcement initiatives to reduce road fatalities and serious injuries on Irish roads, to increase driver awareness, to prevent and detect breaches of Road Traffic and Transport legislation and to promote an improved compliance culture amongst the road users through the comprehensive enforcement of all facets of Road Traffic legislation.
158. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the total number of marked and unmarked Garda Traffic Corps cars and motorbikes that were taken out of service in the Dublin region for the years 2010, 2011 and 2012; the number that were replaced; and if he will make a statement on the matter. [7692/13]
View answerDecisions in relation to the provision and deployment of Garda transport are matters for the Garda Commissioner. Such decisions are made on the basis of ongoing analysis of An Garda Síochána's operational requirements.
I have been advised by the Garda authorities that the information requested by the Deputy in respect of the Garda Traffic Corps for the Dublin Metropolitan Region is provided in the following tables:
|
VEHICLES ALLOCATED |
||||
|
CARS |
MOTORCYCLES |
TOTAL |
||
|
MARKED |
UNMARKED |
|||
|
2010 |
0 |
1 |
0 |
1 |
|
2011 |
3 |
1 |
0 |
4 |
|
2012 |
1 |
0 |
5 |
6 |
|
Total |
4 |
2 |
5 |
11 |
|
VEHICLES DECOMMISSIONED |
||||
|
CARS |
MOTORCYCLES |
TOTAL |
||
|
MARKED |
UNMARKED |
|||
|
2010 |
0 |
0 |
1 |
1 |
|
2011 |
0 |
0 |
2 |
2 |
|
2012 |
1 |
1 |
3 |
5 |
|
Total |
1 |
1 |
6 |
8 |
As the Deputy will be aware, I made an additional €3 million available to An Garda Síochána towards the end of last year which enabled the Force to procure a total of 213 vehicles in 2012. In addition, a further allocation of €5 million has been provided for the purchase and fit-out of Garda transport in 2013. This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to provide an effective and efficient policing service.
159. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of an application for a gun dealer’s licence (details supplied); and if he will make a statement on the matter. [7715/13]
View answerI can confirm that an application has been received by my Department and will be processed in the near future.
160. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his plans to introduce an independent police authority; and if he will make a statement on the matter. [7754/13]
View answerThe perceived advantage of a separate authority is that it interposes an additional layer of independent accountability between the political process and the management of An Garda Síochána. Where there is a single national police force, the case for the setting up of a policing authority to act as a link between democratic institutions and the day to day responsibility for operational policing loses much of its force. This additional layer would very seriously dilute democratic accountability and political responsibility, as well as the performance and effectiveness of An Garda Síochána itself. The relationship between the Garda Commissioner, the Government and the Houses of the Oireachtas has developed over time. The accountability of An Garda Síochána to the House, both directly and through the Minister for Justice and Equality, has been strengthened by the Garda Síochána Act 2005.
The separate roles of both the Minister and the Garda Commissioner in relation to an Garda Síochána are provided for under the provisions of the 2005 Act. The Act also made the Commissioner the Accounting Officer for the Force, and liable to appear before the Committee of Public Accounts in that capacity. In addition, the 2005 Act established the Garda Ombudsman Commission, which is empowered to carry out independent investigations into Garda conduct, as well as the Garda Inspectorate, which provides expert advice on achieving the highest levels of efficiency and effectiveness in the operation and administration of the Force. The accountability of the Garda Síochána has, through these measures, been significantly strengthened.
Another critical point overlooked by those who advocate a separate authority is that An Garda Síochána is not only the police service in this jurisdiction, it is the security service and border control authority of the State. To pass control of such matters to an unelected body beyond the executive and the legislature is untenable. It is more appropriate that An Garda Síochána should be accountable to the Government and to the Oireachtas - which are fully representative of, and dependent upon the support of the sovereign authority of the Irish people.
I have no plans to introduce a Garda Authority and there is no such commitment in the Programme for Government.
