Thursday, 21 Mar 2013

Written Answers Nos 205-215

Proposed Legislation

Questions (205, 206, 207)

Pádraig Mac Lochlainn

Question:

205. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he will provide an update on the reform of the bail laws; if he will clarify his previous statements that he plans to restructure the law in order that it has a focus on the protection of the individual and of the public; his views that too many persons are remanded in custody for minor offences in contravention of the Bail Act 1997; and if he will make a statement on the matter. [14617/13]

Pádraig Mac Lochlainn

Question:

206. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he plans to develop bail supports and services in the community as part of his bail reform proposals to improve compliance with bail conditions and thereby reduce the need for remanding people, especially vulnerable women and children in custody for low level offences, where they pose little risk to the community; and if he will make a statement on the matter. [14618/13]

Pádraig Mac Lochlainn

Question:

207. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the date on which he will publish legislation to consolidate and update the law on bail; the date on which he will provide guidance to the courts on bail in order to reduce the numbers of remand committals; and if he will make a statement on the matter. [14619/13]

Written answers

Deputy Alan Shatter

I propose to take Questions Nos. 205 to 207, inclusive, together.

I have previously stated that 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. My intention is to ensure that bail law is clear on its face to all interested parties including the public, the courts and practitioners. I also 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.

The review is of course subject to constitutional and European Convention of Human Rights requirements in relation to the right to liberty. The provisions of the European Convention on Human Rights restrict the extent to which the right to bail can be limited. There is a constitutional presumption in favour of bail, since, in the eyes of the law, a person is innocent until proven guilty.

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.

The review includes examination of the extent to which bail provisions can be stated in a way that emphasises the object of protection against the commission of serious offences by persons who have been charged with serious offences.

The Deputy will be aware that 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. It would be inappropriate for me to comment on decisions taken by a court in relation to any bail applications. It is of course open to any person who believes that he or she has been incorrectly refused bail in the District Court in respect of a minor offence to apply for bail to the High Court.

There are no plans to develop bail supports and services in the community as part of bail reform.

I will bring my proposals to Government in relation to new bail legislation as soon as possible, having regard to other legislative priorities.

Detention Centres

Questions (208)

Pádraig Mac Lochlainn

Question:

208. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the plans he has to develop non-custodial, holistic centres for women offenders in the community, which address their needs, vulnerabilities and offending behaviour in a safe, secure, woman only environment; and if he will make a statement on the matter. [14620/13]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

The Probation Service is the lead agency in the assessment and management of offenders in our communities. It works in partnership with other statutory and voluntary agencies including the Health Service Executive (HSE) mental health and addiction services to ensure appropriate support and treatment services are provided to Probation Service clients.

Work is in progress between the Probation Service and the Irish Prison Service to develop a strategic action plan targeted at meeting the specific needs of female offenders. These agencies are working together to develop a women centred holistic strategy that seeks to address those factors that lead some women to come in contact with the criminal justice system while also seeking to provide better outcomes for those women in respect of whom the courts deem that a custodial sanction is warranted. The strategy aims to ensure a more targeted response which takes into consideration the particular issues that pertain to female offending.

The overall aims of the action plan will be to identify those women at risk of a custodial sentence and, through the greater use of community supports and inter-agency co-operation, to provide the necessary services that will enable the Courts to divert these women from prison in appropriate cases. The strategy further aims to improve the outcomes for those women in custody; reduce recidivism; strengthen early intervention measures through adopting a co-ordinated, multi-agency approach; and explore the potential of alternatives to custody.

The Probation Service is also working in partnership with Dublin City Council, the HSE, the Irish Prison Service, CDVEC and non-governmental bodies to develop a strategic approach to responding to the needs of vulnerable women in Dublin. This group of women have been identified as requiring enhanced welfare, education, social and health related supports with accommodation, as part of a planned programme of intervention. The individual organisations have examined their existing resources, services and professional skill sets with a view to reconfiguring service operations to bring about a unified response.

Finally, in line with the recommendations in the Report of the Thornton Hall Project Review Group, a group to carry out an all encompassing strategic review of penal policy has recently been established and this group will look at this issue.

Sentencing Policy

Questions (209)

Pádraig Mac Lochlainn

Question:

209. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if, as part of his commitment to imprisonment as a last resort, he intends to bring forward legislation to address sentencing issues with particular regard to imprisonment not being generally used for non-violent female offenders, especially when they are the primary care-givers of young children; and if he will make a statement on the matter. [14621/13]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

The Deputy will appreciate that judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. In accordance with this principle, the role of the Oireachtas has been to specify in law a maximum penalty and a court, having considered all the circumstances of the case, to impose an appropriate penalty up to that maximum. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present.

The Irish Prison Service's three year Strategic Plan 2012 - 2015 contains a commitment to develop a specific strategy for female offenders in conjunction with the Probation Service and other stakeholders in the statutory, community and voluntary sectors. The overall aims of the strategy for dealing with female offenders will be to identify those women at risk of a custodial sentence, and through greater use of community supports and inter-agency cooperation to provide the necessary services to further enable the Courts to consider diverting these women from prison. The strategy also aims to improve the outcomes for those women in custody; reduce recidivism; strengthen early intervention measures through adopting a coordinated, multi-agency approach and explore the potential of alternatives to custody.

In addition, as the Deputy may be aware, in September 2012, I announced a strategic review of penal policy. I have established a working group to carry out this review which will examine all aspects of penal policy. As part of that review the issue of female offenders will be examined as will the more general question of sentencing policy. I expect the Group to report later this year at which point I will further consider these matters.

However, I can advise the Deputy that the number of females in custody at any one time is a minute fraction of the overall prison population. For example, on 20 March, there were 158 females in custody which represents 3.66% of the prison population of 4,313.

Detention Centres

Questions (210)

Pádraig Mac Lochlainn

Question:

210. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he remains committed to introducing primary legislation for the purpose of closing St. Patrick’s Institution, Dublin, as a detention centre for offenders aged 21 and under, in view of the Inspector’s shocking report on the prison; and if so, what he plans to do with this group of prisoners; and if he will make a statement on the matter. [14622/13]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

The Deputy will be aware that as part of the Irish Prison Service 3-Year Strategic Plan 2012-2015 the Prison Service is devising a specific strategy for the management of young offenders, working with its partners and other agencies to ensure that the regime for young offenders is age appropriate and that best practise is observed.

Central to this strategy is a review the overall approach taken to the placement of 18-21 year olds throughout the system. In this regard, I can confirm that it remains my intention to introduce primary legislation for the purpose of closing St. Patrick's Institution as a detention centre for persons aged 21 and under.

Detention Centres

Questions (211)

Pádraig Mac Lochlainn

Question:

211. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he is considering using St Patrick’s Institution, Dublin, to house sex offenders or protection prisoners, as per page 18 of the Labour Relations Commission proposals; and if he will make a statement on the matter. [14623/13]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

The Deputy will be aware that I intend to introduce primary legislation for the purpose of closing St. Patrick's Institution as a detention centre for persons aged 21 and under. As part of the Irish Prison Service 3-Year Strategic Plan 2012-2015 the Prison Service is devising a specific strategy for the management of young offenders. Central to this strategy is a review the overall approach taken to the placement of 18-21 year olds throughout the system.

As stated in the Labour Relations Commission Proposals for Public Service Agreement, the Irish Prison Service has undertaken to review the operation of St Patrick’s Institution to consider whether it might be used to accommodate prisoners who have been sentenced for sex offences or those who require protection. However, as the Deputy is aware the Labour Relations Commission proposal is currently subject to consideration by the staff associations who may decide to accept or reject the proposal. Accordingly, this review cannot commence until this process has been completed and the proposal accepted by the staff associations. Therefore, It would not be appropriate for me to comment at this stage of the process.

Prison Accommodation

Questions (212)

Pádraig Mac Lochlainn

Question:

212. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if the Irish Prison Service has plans to devise specific strategies or policies for groups of vulnerable prisoners including disabled prisoners, elderly prisoners and Traveller prisoners; and if he will make a statement on the matter. [14624/13]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

The Irish Prison Service Three Year Strategic Plan 2012-2015 has at its heart the development of specific strategies for younger prisoners, women, older prisoners, sex offenders, protection prisoners, violent offenders and prisoners suffering from mental illness.

The Prison Service has committed to taking a number of strategic actions over the period of its Strategic Plan including:

- the Development of specific interventions for all older prisoners in line with national health strategies; and

- engaging with the HSE to develop collaborative programmes designed to ensure a seamless transition for the return of the older prisoner back to the community.

In relation to prisoners with disabilities, all cases are assessed on an individual basis and resources are put in place to ensure the prisoner receives interventions specific to their disability. All newly built prisoner accommodation, such as the blocks in Wheatfield and Midlands Prisons, have specific cells designed to accommodate prisoners with physical disabilities.

The Irish Prison Service is in the initial stages of developing a strategy to tailor responses to the particular needs of the Traveller community. This group of prisoners has been identified as requiring enhanced welfare, education, social and health related supports as part of a planned programme of interventions.

Prisoners' Dependants

Questions (213)

Pádraig Mac Lochlainn

Question:

213. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the steps that have been taken to implement the recommendations contained in IPRT’s Report entitled Picking up the Pieces: The Rights and Needs of Children and Families Affected by Imprisonment; and if he will make a statement on the matter. [14625/13]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

A working group has recently been established in the Irish Prison Service to consider the needs of children and families of those imprisoned.

The Irish Prison Service recognises the importance for those in prison of maintaining, and if at all possible, developing their relationships with their children and families. Seeking to accomplish this raises a wide range of sensitivities and challenges which entails achieving an appropriate balance between security and conditions necessary for quality family visits.

The working group has completed a detailed survey of existing visiting facilities and supports. The group will now embark on a short and targeted consultation process with various stakeholders, including relevant community representatives, in order to gain a rich understanding of the nature and quality of the visiting arrangements in each prison. It is envisaged that this consultation process will inform the group’s approach to the detailed recommendations contained in the Irish Penal Reform Trust's : “Picking Up the Pieces: The Rights and Needs of Children and Families Affected by Imprisonment” Report.

Information and Communications Technology Issues

Questions (214)

Sean Fleming

Question:

214. Deputy Sean Fleming asked the Minister for Defence the progress made within his Department on phasing out the use of LoCall 1890 numbers that can be extremely expensive when dialled from mobile phones and introducing 076 number, which generally included in tariff bundles provided by most mobile network operators and are charged at the same rate as national calls, in view of the fact that the number of mobile phones exceed the number of landlines; and if he will make a statement on the matter. [14481/13]

Written answers

Minister for Defence (Deputy Alan Shatter)

The Department introduced two 0760 numbers in June 2012, one for the Department and one for the Office of Emergency Planning. The usage of the lo-call numbers is being monitored with a view to moving fully to the 076 numbers at the appropriate time.

Information and Communications Technology Issues

Questions (215)

Sean Fleming

Question:

215. Deputy Sean Fleming asked the Minister for Defence if he has considered the use of, or implemented, integrated voice response systems in his Department's phone systems or in the phone systems of agencies within his remit; if the staff and salary cost savings which might arise have been assessed; and if he will make a statement on the matter. [14497/13]

Written answers

Minister for Defence (Deputy Alan Shatter)

Given the nature of the business of the Department of Defence, integrated voice response systems are not considered to offer improved functionality for customers or the Department at this time. The introduction of new phone system features is assessed on an ongoing basis with consideration being given to the benefits, including cost savings, which would accrue.