Tuesday, 11 Jun 2013

Written Answers Nos. 675-90

Magdalen Laundries Issues

Questions (675)

Maureen O'Sullivan

Question:

675. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the measures he has taken to address the requests made by the Rapporteur for Follow-up on Concluding Observations, Committee Against Torture, Office of the High Commissioner for Human Rights (details supplied) on the Magdalene Laundries paragraph 21; the way he will respond to the statement that the inquiry into the Magdalene Laundry institutions lacked many elements of prompt, independent and thorough investigation, as recommended by the Committee in its Concluding Observations; and the way he will respond to the question of whether the Quirke investigation process will have independent statutory powers, be transparent and also subject to an appeals process, and independently monitored. [27281/13]

Written answers

Minister for Justice and Equality

The UN Committee against Torture (UNCAT) issued its concluding observations on Monday 6 June 2011, following Ireland’s first examination in Geneva, under Article 19 of the UN Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. Its concluding observations covered a wide range of areas which impact on the remit of several Government Departments.

In relation to the Magdalen Laundries, the Committee recommended that, "the State should institute prompt, independent, and thorough investigations into all allegations of torture, and other cruel, inhuman or degrading treatment or punishment that were allegedly committed in the Magdalen Laundries and, in appropriate cases, prosecute and punish the perpetrators with penalties commensurate with the gravity of the offences committed, and ensure that all victims obtain redress and have an enforceable right to compensation including the means for as full rehabilitation as possible".

The Inter-Departmental Committee to establish the facts of State involvement with the Magdalen Laundries which was independently chaired by the then Senator McAleese was not intended to be a criminal investigation but was a necessary preliminary step in establishing general facts about non-State closed institutions. Some of these institutions had ceased operations nearly 50 years previously and there was no reliable account available of their operations.

The Irish Government is satisfied that the McAleese report is an independent, comprehensive, factual account of these institutions. It brought into the public arena a considerable amount of information not previously known. It also showed that many of preconceptions about these institutions were not supported by the facts.

With regard to prosecutions, the only mechanism to prosecute and punish perpetrators for offences committed in this jurisdiction requires a criminal investigation, a decision by the Director of Public Prosecutions to prosecute and then a criminal trial. Irish law does not provide for any other type of inquiry to lead to criminal prosecutions. Any complaints of criminal behaviour made by individuals to the Gardaí regarding Magdalen laundries are investigated.

Mr Justice Quirke has not been asked to carry out an investigation. He has been asked to advise on a Scheme of Supports for the women in question. I expect that the Government will shortly be able to make an announcement in relation to Justice Quirke's report.

I can inform the Deputy that my Department has recently received a letter from the Rapporteur for the Follow-up on Concluding Observations of UNCAT. The Rapporteur has sought clarification and further information in relation to Ireland’s response of 31 July, 2012. This letter is currently being considered and my Department will issue a response through Ireland's Ambassador at the UN Human Rights Council in Geneva in due course.

Prisoner Transfers

Questions (676)

Pádraig MacLochlainn

Question:

676. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his plans, if any, to address the anomaly whereby Irish citizens sentenced to imprisonment abroad and repatriated to serve their sentence back home in this State can end up serving longer imprisonment due to less remission available here. [27284/13]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

I wish to advise the Deputy that the mechanism for enabling the transfer of sentenced prisoners is the Council Of Europe Convention on the Transfer of Sentenced Persons Act 1995 and 1997. The sentences of prisoners transferring into Ireland under the Convention are administered by 'continued enforcement' procedure in accordance with Article 10 of the Convention. Article 6.2b of the Convention provides that the sentencing state shall furnish, to the administering state, a statement indicating how much of the sentence has already been served, including information on any pretrial detention, remission, and any other factor relevant to the enforcement of the sentence.

My Department will take the relevant information provided by the sentencing state (including remission already earned) into account when determining the sentence which will be applicable in this jurisdiction if a transfer proceeds. I should add that prisoners are fully informed, in writing, of the consequences for the enforcement of their sentence when their formal consent to the transfer is being sought. Article 9.3 of the Convention provides that the enforcement of the sentence upon transfer, shall be governed by the law of the administering state (i.e the receiving state). There is no obligation on the Minister to consult with the sentencing state regarding the administration of the sentence. Article 15 of the Convention does provide that the administering state shall furnish information concerning the enforcement of the sentence to the sentencing state in certain circumstances, including when it considers the enforcement of the sentence to have been completed or if the sentencing state requests a special report.

It should also be noted that when a prisoner is approved a transfer from this jurisdiction to another, they will gain the remission rate applicable to the receiving state. For instance, where a prisoner transfers to the UK, their remission rate is increased to 50%, which reduces their sentence length considerably.

Departmental Funding

Questions (677)

Denis Naughten

Question:

677. Deputy Denis Naughten asked the Minister for Justice and Equality if he will provide funding through the youth justice programme to meet the funding shortfall for the big brother big sister scheme in view of the cost effectiveness of the programme; and if he will make a statement on the matter. [27300/13]

Written answers

Minister for Justice and Equality

My understanding is that the 'Big Brother Big Sister' scheme is one of a number of mentoring models available and is provided in Ireland by Foróige with referrals arising in a number of different contexts.

In so far as my Department is concerned, youth justice crime reduction/crime prevention community programmes are funded through the Community Programmes Unit of the Irish Youth Justice Service (IYJS) and include mentoring components. Youth justice projects are specifically targeted at young offenders and those at serious risk of offending, as opposed to the youth population at large, and are delivered through the Garda Youth Diversion Projects and the Young Persons Probation projects wing of the Probation Service.

There are 100 Garda Youth Diversion Projects (GYDPs) nationwide. They are community-based, multi-agency, crime prevention initiatives which are designed to engage with and seek to divert young people from becoming involved in or further involved in anti-social and/or criminal behaviour. They operate in tandem with the Garda Diversion Programme. They aim to bring about the conditions whereby the behavioural patterns of young people towards law and order can develop and mature through positive interventions and interaction with the project. The projects are particularly targeted at 12-17 year old "at risk" youths in communities where a specific need has been identified and where there is a risk of them remaining within the justice system. Each project committee, which is chaired by the local Garda District Officer, receives an annual allocation and decides on young people to be targeted and interventions to be used. The approach is supported by a risk assessment of participants designed to identify their needs and to enable a project to use interventions that provide the best possible outcome for the participant. It is a matter for the local project to decide on any intervention and I am aware that the 'Big Brother, Big Sister' programme is available as an intervention tool in this regard.

Young Persons Probation projects for their part provide a variety of interventions, some of which are court ordered, to young people who have come through the court system. This also includes a mentoring support provided under the Mentor Order of the Children Act, 2001 as amended. That particular programme is provided by Le Chéile, a Young Persons Probation project, on a national basis to meet the needs of probation clients.

Having regard to the many demands on the funding available for the youth justice programmes, there are no plans to provide funding along the lines proposed by the Deputy, over and above the existing level of support for youth justice mentoring activity.

Question No. 678 answered with Question No. 647.

Subsidiary Protection Administration

Questions (679, 689)

Thomas Pringle

Question:

679. Deputy Thomas Pringle asked the Minister for Justice and Equality the way he can reconcile efforts to modify the procedures for subsidiary protection in view of the fact that they have appealed the judgement in the MM v Minister for Justice to the Supreme Court; the way the backlog can be cleared in view of this appeal; and if he will make a statement on the matter. [27317/13]

Nicky McFadden

Question:

689. Deputy Nicky McFadden asked the Minister for Justice and Equality if he will outline the details of new arrangements being made for the reform of processing subsidiary protection applications with a view to improving processing in the area of international protection; if there is a timeframe for the introduction of these new arrangements; and if he will make a statement on the matter. [26782/13]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 679 and 689 together.

The necessary legislative provisions to implement the new arrangements for the determination of existing and future applications for subsidiary protection are in preparation, in conjunction with the Offices of the Attorney General. Once these legislative provisions have been completed, the new arrangements will be put into operation as soon as possible thereafter. Further information is available on the Irish Naturalisation and Immigration Service (INIS) Website - www.inis.gov.ie - and this information will be updated as developments occur.

The High Court in the MM case was arrived at following a referral to the European Court of Justice. The legal advice to me was that this Judgment, which relates to an applicant's right to be heard in the context of an application for subsidiary protection, should be appealed to the Supreme Court and I have taken that advice on board. In the mean-time, and pending the determination of this appeal, the Irish Naturalisation and Immigration Service (INIS), in conjunction with the Office of the Attorney General, is working on the development of a framework, legislative and administrative, under which existing and future applications for subsidiary protection will be determined. This framework will lay some of the foundations for what is proposed in the Immigration, Residence and Protection Bill, which I hope to re-publish later this year, under which it is envisaged that applications for asylum, subsidiary protection and 'leave to remain' will be dealt with as a single procedure. As a result, Deputies can be satisfied that there is no conflict between the appeal lodged and the plans to revise the existing subsidiary protection procedures.

The legislative provisions referred to above are being given priority attention. Once the new arrangements are in place, steps will be taken to have all outstanding applications for subsidiary protection processed in a timely manner.

Garda Investigations

Questions (680)

Thomas Pringle

Question:

680. Deputy Thomas Pringle asked the Minister for Justice and Equality further to Parliamentary Question No. 150 of 23 May 2013, if he will confirm if a criminal investigation is ongoing in this matter; and if he will make a statement on the matter. [27318/13]

Written answers

Minister for Justice and Equality

I am informed by the Garda authorities that the investigation into the matter referred to by the Deputy is ongoing. As the matter is under investigation it would be inappropriate for me to comment further at this time.

Question No. 681 answered with Question No. 647.

Drugs Seizures

Questions (682)

Patrick Nulty

Question:

682. Deputy Patrick Nulty asked the Minister for Justice and Equality if he will provide, in tabular form, the estimated street value of all illegal cannabis or cannabis derived substances seized by the State in the years 2009, 2010, 2011 and 2012; if he will provide an estimate of the total size of the black economy in this area for the aforementioned years; and if he will make a statement on the matter. [27331/13]

Written answers

Minister for Justice and Equality

As the Deputy will be aware, cannabis and substances and products containing cannabis are currently classified as controlled drugs under Schedule 1 of the Misuse of Drugs Acts 1977 and 1984. Unlawful possession, sale, supply etc. of such substances are therefore offences under that legislation.

With regard to the size of the illegal drugs market and, in particular, the cannabis market, I am sure the Deputy will appreciate that given the clandestine nature of such criminal activity any estimate of the size of the market would be speculative.

I have requested that the information sought concerning cannabis seizures be compiled and forwarded to the Deputy when available.

I can assure the Deputy that drug law enforcement remains a key priority area for our law enforcement agencies and the Government as part of the overall comprehensive approach in tackling the problem of drug misuse under the National Drugs Strategy 2009-2016.

Furthermore, drugs and organised crime continue to be prioritised by An Garda Síochána through An Garda Síochána’s Policing Plan for 2013. In this regard, targeted intelligence-led operations such as Operation Nitrogen, which has a particular focus on the identification and dismantling of cannabis cultivation sites across all areas of the country, continue to yield significant results.

Question No. 683 answered with Question No. 647.

Asylum Seeker Accommodation

Questions (684)

Timmy Dooley

Question:

684. Deputy Timmy Dooley asked the Minister for Justice and Equality if he has given consideration to the resolution passed by Clare County Council requesting him to undertake a review of accommodation arrangements for refugees and asylum seekers; and if he will make a statement on the matter. [26658/13]

Written answers

Minister for Justice and Equality

I have received a letter from Clare County Council dated 21 May, 2013 informing me of a resolution passed by its members at its May meeting requesting me to undertake a review of accommodation arrangements for refugees and asylum seekers.

I should firstly say that the Reception and Integration Agency (RIA) of my Department is responsible for the operation of the system of direct provision. RIA has no function in relation to the accommodation of recognised refugees who have the same work and accommodation entitlements as Irish citizens. RIA's function is to accommodate asylum seekers. There are currently 34 asylum accommodation centres under contract to RIA, providing accommodation and ancillary services to 4,650 persons. One of these centres is in Knockalisheen, Co. Clare.

The Direct Provision system remains a key pillar of the State's asylum and immigration system and I have no plans to end it at this time. Rather, my intention is that the factors which lead to delays in the processing of cases are dealt with so that asylum seekers spend as little time as is necessary in that accommodation system.

The direct provision system is not ideal but it is a system which facilitates the State providing a roof over the head of those seeking asylum or seeking other grounds to be allowed, on humanitarian grounds, to stay in the State. It allows the State to do it in a manner that facilitates resources being used economically in circumstances where the State is in financial difficulty. There are no cheaper alternatives to the Direct Provision system. A key finding in the 2010 Value for Money Report on the Direct Provision system was that if we were operating a system which facilitated asylum seekers in living independent lives in individual housing with social welfare support and payments, aside from the asylum 'pull factor' it would likely create, the cost to the exchequer would be double what is currently paid under the direct provision system.

I do accept that the length of time spent in direct provision and the complexity of the asylum process itself is an issue which needs to be addressed. The accommodation system is inextricably linked to the surrounding asylum process. The revised Immigration, Residence and Protection Bill, which I intend to re-publish, should substantially simplify and streamline the existing arrangements for asylum, subsidiary protection and leave to remain applications. It will do this by making provision for the establishment of a single application procedure, so that applicants can be provided with a final decision on all aspects of their protection application in a more straight forward and timely fashion.

Pending the enactment and commencement of the new legislation and with a view to improving processing, I am proposing to introduce new arrangements for the processing of subsidiary protection applications in light of recent judgments in the Superior Courts. My Department, in consultation with the Attorney General's Office, is developing a new legislative and administrative framework for the processing of current and future subsidiary protection applications. This work is being given high priority and applicants will be advised of the new arrangements as soon as possible.

Garda Vetting Applications

Questions (685)

John O'Mahony

Question:

685. Deputy John O'Mahony asked the Minister for Justice and Equality the reason a person (details supplied) in County Mayo has not received their Garda clearance; the reason for the delay in processing this application; and if he will make a statement on the matter. [26666/13]

Written answers

Minister for Justice and Equality

I am informed by the Garda authorities that a vetting application on behalf of the individual referred to by the Deputy was received by the Garda Central Vetting Unit (GCVU) on 11 April 2013. The application is being processed and will be returned to the registered organisation once completed.

The current average processing time for applications is approximately 14 weeks from date of receipt. However, seasonal fluctuations and the necessity to seek additional information on particular applications can result in this processing time being exceeded on occasion.

All organisations registered for Garda Vetting are aware of the processing time-frames for the receipt of Garda vetting and have been advised to factor this into their recruitment and selection process. In order to observe equity and fairness in respect of all applicants for Garda Vetting, standard processing procedures are such that applications are processed in chronological order, from the date of receipt at the Central Vetting Unit.

I remain in ongoing contact with the Garda Commissioner as to how best the service can continue to be delivered and improved upon, while at all times protecting the integrity of the process. Clearly, the protection of children and vulnerable adults is the primary objective of the GCVU and this must remain the case.

The Garda Commissioner has informed me that there are currently 1 Superintendent, 2 Sergeants and approximately 113 civilian personnel assigned to the Garda Central Vetting Unit. This civilian complement includes 23 staff recently transferred from the Department of Agriculture who are undergoing the required training course. A further 9 personnel were allocated to the GCVU on 13 May 2013 and an additional 6 took up positions on the 31 May 2013.

When these staff have been fully trained on the vetting process I expect there will be a positive effect on vetting times. My Department is also examining the scope for the redeployment of additional personnel from within the public service to the Unit.

Crime Prevention

Questions (686)

Nicky McFadden

Question:

686. Deputy Nicky McFadden asked the Minister for Justice and Equality if he will provide figures on the number of community alert and neighbourhood watch programmes that have been established so far in 2013 in counties Longford and Westmeath; the areas in which those programmes have been established; the total number of programmes now active in both counties; and if he will make a statement on the matter. [26703/13]

Written answers

Minister for Justice and Equality

In January of this year, I joined with the Garda Commissioner in launching new Community Crime Prevention Programmes guidelines, designed to support and advise on the establishment and operation of Community Alert, Neighbourhood Watch and similar local crime prevention initiatives.

I am informed by the Garda authorities that three such Community Crime Prevention Programmes were established in Longford to date in 2013. The schemes have been established in the following areas; Legan, Co. Longford, The Demesne, Longford Town and Aughafad Heights, Longford Town. In total there are forty Community Crime Prevention Programmes operating in Longford.

I am further informed that seventeen Community Crime Prevention Programmes were established in Westmeath to date in 2013. The schemes have been established in the following areas; The Downs, Mullingar District, Clonlost, Mullingar District, Rathowen, Mullingar District, Ratharney, Mullingar District, Multyfarnham, Mullingar District, Drumrayney, Mullingar District, Tyrellspass, Mullingar District, Brookfield Estate, Mullingar District, Royal Canal Estate, Mullingar District, St Brigid’s Terrace, Mullingar District, Ard Grainne, Athlone District, Mount Temple, Athlone District, Kiltoom, Athlone District, Tang, Athlone District, Tubberclair, Athlone District, Castledaly, Athlone District, and Rosemount, Athlone District. In total there are eighty-nine Community Crime Prevention Programmes operating in Westmeath.

Question No. 687 answered with Question No. 651.

Services for People with Disabilities

Questions (688)

David Stanton

Question:

688. Deputy David Stanton asked the Minister for Justice and Equality the appropriate services, if any, provided by his Department for those with autism and or autistic spectrum disorders, particularly in the context of the criminal justice system; and if he will make a statement on the matter. [26767/13]

Written answers

Minister for Justice and Equality

I wish to advise the Deputy that while my Department does not have specific services or facilities in place for those with autism and or autistic spectrum disorders, I can confirm that my Department's officials, when dealing with the public, treat all persons with dignity and respect and its policy is to facilitate and support this as far as is possible as indicated in the following examples.

An Garda Síochána

An Garda Síochána carries out its functions in line with the Garda Diversity Strategy. Garda members dealing with the public treat all persons with dignity and respect regardless of gender, race, religious beliefs, ethnic origin, sexual orientation, age, nationality, disability, economic circumstances, marital or family status or membership of the Traveller community. The Garda Victims Charter states that if a victim has any form of disability their special needs or requirements will be taken into account. This includes persons with autism or autistic spectrum disorders.

Courts Service

The Courts Service is acutely aware of the right of equal access and access with dignity to the courts for all users. Everyone who attends the courts presents with a different set of circumstances, a varying degree of understanding and a personalised set of needs and every effort is made to meet those needs. The Courts Service has a Disability Liaison Officer whose function includes arranging for and co-ordinating the provision of assistance and guidance to persons with disabilities in accessing court services. The Service continues to work to improve facilities across a wide variety of areas including court buildings, technology and the provision of information to court users. Disabled access and facilities are included in all court building and refurbishment projects.

Irish Youth Justice Service

As the Deputy may be are aware the Health Service Executive is developing a forensic Child and Adolescent Mental Health Service (forensic CAMHS) to comply with the Ryan Implementation Plan. A community forensic CAMHS was also recommended in the national mental health strategy - A Vision for Change - and once established will provide services for children within the criminal justice system. I also wish to advise the Deputy that community led youth justice services may refer young people coming to their attention to the appropriate services.

Irish Prison Service

While the Irish Prison Service (IPS) does not provide any specific services for persons with autism, the provision of health care is a statutory obligation and all prisoners are medically assessed on committal. The Irish Prison Service provides general health care services for the assessment, treatment and care of prisoners comparable to that available to those entitled to General Medical Services in the community and which are appropriate in a prison setting. Where a doctor or other health care professional operating in the prison environment determines that a prisoner requires treatment in an external setting following a clinical assessment, a referral can be made to the public health system. In addition, professional in reach health care services are provided as required for a range of health care needs.

Probation Service

Finally, I wish to advise the Deputy that while the Probation Service does not provide specific services to those with autism and or autism spectrum disorders it liaises with relevant services that offenders might already be engaged with in the community.

Question No. 689 answered with Question No. 679.

Migration Data

Questions (690)

John Deasy

Question:

690. Deputy John Deasy asked the Minister for Justice and Equality the levels of immigration of non-nationals into the country in each of the past five years. [26603/13]

Written answers

Minister for Justice and Equality

EEA nationals, of which many thousands reside in the State and who are subject to EU freedom of movement legislation, are not required to seek permission to reside in the State and accordingly the immigration authorities do not maintain statistics on the numbers of such persons present here. Non-EEA nationals, subject to certain exemptions such as persons under the age of 16, who have permission to reside in the State are obliged to register their presence in the State. Based on the figures available from the register of non-nationals, the number of non-EEA nationals granted permission to reside in the State for the first time in the period 2008 to 2012, inclusive, was 130,128. For the purpose of context, the Deputy may wish to note that Census 2011 showed that overall Ireland's non-Irish national population accounts for 12% of the national population or some 544,000 people, the majority being from EEA countries.