Written Answers Nos. 184-192
184. Deputy Bernard J. Durkan asked the Minister for Justice and Equality his views on the reduction in the resources available to his Department arising from the memorandum of understanding entered into by his predecessors; whether he will be in a position to retain the highest possible number of Garda stations in all areas throughout the country in keeping with best policing practice; and if he will make a statement on the matter. [11902/13]
View answerIt goes without saying that no Minister would choose to inherit the appalling financial position in which I have had to operate. In that context, the legacy the last Fianna Fáil-led government bequeathed to me was a series of expenditure ceilings for the Justice Sector which, if applied, would have resulted in devastating cuts in Garda services which I, as Minister, would not and could not stand over. The Fianna Fáil National Recovery Plan was unacceptable and would certainly have put the Garda Commissioner in an impossible position. Fortunately, I was able to secure additional funding over the three year period, 2012-2014, to ensure that the Garda Commissioner, and indeed An Garda Síochána, could continue to deliver an effective policing service.
Ireland's agreements with the Troika do not include the closure of Garda stations. Over the last two years the Commissioner has carried out a complete review of the District and Station network and in his professional opinion, with which I fully agree, has set out details for the closure of 139 Garda stations throughout the country. 39 of these stations were closed in 2012. 8 of these had not been opened for a number of years. Their closure was a paper exercise which simply recognised reality. 95 were closed on the 31st January 2013 and the remaining 5 will be closed in the coming months.
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.
185. Deputy Bernard J. Durkan asked the Minister for Justice and Equality out of the total number of prisoners serving sentences over the past three years in respect of first-time but serious criminal offences, who have been offered rehabilitative training and or education, if all prisoners in this category have had access to such facilities; and if he will make a statement on the matter. [11903/13]
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.
186. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent, if any, to which backlogs exists throughout the court system at all levels; and if he will make a statement on the matter. [11904/13]
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 which are now in excess of four years. Waiting times for priority cases are 9-12 months at present and the Chief Justice has directed that no new cases be admitted to the priority list unless it can be clearly demonstrated that it is an exceptional case where there are urgent grounds necessitating a priority hearing. Such urgent grounds would include appeals directly affecting the custody of an individual, child abduction, urgent family law matters, and appeals with urgent and systemic constitutional implications. 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. I recently announced my intention to establish a Court of Appeal with both criminal and civil jurisdiction. 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. It is intended that the referendum will take place, together with at least one other referendum, in the autumn.
187. Deputy Bernard J. Durkan asked the Minister for Justice and Equality his proposals to amend the bail laws; and if he will make a statement on the matter. [11906/13]
View answerA 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 am conscious of public concern about the extent to which offences continue to be committed by persons on bail. I share that concern and 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. The intention is that the new proposals will provide better guidance to the courts on how such protection might be provided. I intend to bring proposals to Government on the matter as soon as possible, having regard to other legislative priorities.
188. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when it is expected to compile a list of validly registered charities in accordance with the 2009 Act, with particular reference to the need to preserve the integrity of the sector; and if he will make a statement on the matter. [11907/13]
View answerThe Charities Act 2009 provides for an integrated system of mandatory registration and proportionate regulation and supervision of the charities sector in Ireland. The various sections of the Charities Act are subject to implementation through commencement orders. Sections that it was possible to commence in advance of the establishment of the Charities Regulatory Authority, as provided for under the Act, have been commenced. The remainder will be commenced following the establishment of the Authority.
The Deputy will appreciate that the full implementation of the Charities Act, including the establishment of the Authority and Register of Charities, had to be examined in the context of the comprehensive review of expenditure, which took place in 2011. Arising from this review, I delayed bringing this legislation into force as we considered how best to achieve the objectives of the Act in a context of Government spending reductions. It remains an objective of the Government to strengthen the regulation of the sector in effective and proportionate ways. To advance this, a public and stakeholder consultation is being conducted by my Department on the implementation of the Charities Act and the establishment of a register of charities. Issues covered in the consultation paper include the establishment of a Charities Regulatory Authority; the statutory registration of charities and granting of charitable status; and reporting requirements for registered charities. Submissions can be made at www.justice.ie/en/JELR/CharitiesConsult?OpenForm. The consultation period will run until 20th March 2013.
189. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he hopes to be in a position to retain Garda strength and accommodation throughout County Kildare in the current and future years having particular regard to crime levels; and if he will make a statement on the matter. [11908/13]
View answerThe Deputy will be aware that the Garda 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 demographics, 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 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.
Garda numbers have been reducing due to the moratorium on recruitment. My objective, despite the enormous financial pressures facing the Government is to ensure that Garda numbers will not fall below 13,000. I have informed my Cabinet colleagues that I am reviewing the position regarding Garda strength in light of an estimated reduction to just over 13,000 by the end of 2013, and, in this context, I will be bringing all relevant proposals to Cabinet in the coming weeks. Specifically in relation to the strength of the Kildare Division, as of the 31 January 2013, the latest date for which figures are readily available, there were 318 Gardaí, 24 Garda Reserves and 29 civilians.
190. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if his attention has been drawn to the need to retain the court house and court facilities at Kilcock, County Kildare, thereby continuing to provide for current and future needs and based on the experience of the past wherein the existence of the facilities at this location proved to be a vital and necessary link in the eastern circuit; and if he will make a statement on the matter. [11909/13]
View answerI wish to inform the Deputy that under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which includes the provision of accommodation for court sittings. However, in order to be of assistance to the Deputy, I have had enquiries made and have been informed that the Courts Service has been reviewing all aspects of its organisational and operational structures throughout the country with the specific objective of ensuring that the Service can continue to maintain the delivery of front line court services and an appropriate level of service to court users. I understand that no court venue has been singled out for or indeed exempted from the review and that Kilcock Courthouse is included in this process.
In this context the Courts Service has established a general framework within which venues are being considered for closure taking into account a range of criteria such as caseload, proximity to an alternative venue, physical condition of the building, availability of cells etc. The likely impact on other Justice agencies, such as An Garda Síochána and the Irish Prison Service, is also taken into account. The review identified a range of venues nationwide which, based on the criteria applied, could be considered for closure subject to a detailed assessment and the preparation of a business case in respect of each identified venue which has now commenced.
However, the Courts Service has assured me that no decision in relation to the future of Kilcock courthouse will be taken without prior consultation with local interested parties and court users. Such consultation has already begun and the views received will be taken into account in the decision making process which will be a matter for the Courts Service Board.
191. Deputy Gerry Adams asked the Minister for Justice and Equality if it is standard practice to inform the victims of a crime attending a criminal trial in the new Criminal Courts of Justice about the facilities that allow the victim in a criminal case to have separate entrances and or waiting rooms for the accused in a criminal trial; and if he will make a statement on the matter. [11913/13]
View answerAs the Deputy may be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service. The Act provides that the Service is independent in the performance of its functions, including the provision of courthouse facilities.
As I indicated to the Deputy in my reply of 5 February 2013, the Criminal Courts of Justice (CCJ) has separate waiting rooms for victims and their families in cases before the courts. Victims can wait in these dedicated areas away from other parties to cases including the accused or members of the public until their case is called. Where an accused person is in custody then they are brought to the court through a separate custody area under escort by the Irish Prison Service. Victims enter the CCJ through the main public entrance of the building along with all others attending the courts for criminal trials including accused persons on bail. I should add that where a child witness is providing evidence to the court via video link, these witnesses are brought to the dedicated suite through a separate, non public, entrance to the CCJ.
The Commission for the Support of Victims of Crime is an independent body which operates under the aegis of my Department providing funding for services and supports to victims of crime, including court accompaniment and other supports at court. €1.162m has been provided for the Commission in 2013, the same level as 2012.
The Courts Service works with the Commission and Victim Support to facilitate victims attending criminal trials. Victim Support Services are aware of the facilities available in the CCJ and are in contact, via the Garda Liaison Officer, with victims and families of victims prior to and during the trials. They can accompany victims to the CCJ and in many cases will bring the victim to the CCJ prior to the trial to allow him or her familiarise themselves with the court layout and facilities available.
192. Deputy Gerry Adams asked the Minister for Justice and Equality if it is standard practice to inform victims of sexual offences of the various counselling services that are available to them; and if he will make a statement on the matter. [11914/13]
View answerI have been informed by the Garda Commissioner that it is the policy of An Garda Síochána to make victims of sexual crime aware of all relevant crime victims’ services both statutory and voluntary in their local area, which may be of assistance to them and to provide victims with literature relating to those agencies. It is also the policy of An Garda Síochána that investigating Gardaí will refer all victims of crime, with their consent, to a crime victims' agency.
The Garda Síochána Victims Charter contains the following commitment to victims of sexual violence:
- "We will show special sensitivity in relation to sexual offences,
- We will provide a Garda of the same gender;
- We will provide a doctor of the same gender as far as possible when asked;
and
- We will give details about any local support organisations for victims of sexual offences."
