Michael Healy-Rae
Question:707. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding fines; and if he will make a statement on the matter. [26965/13]
View answerTraffic Fines
Questions (707)
Written answers
I am informed by the Garda authorities that ordinary post is utilised to serve fixed charge notices, in accordance with section 25 of the Interpretation Act 2005, which provides that service of a document may be so effected and that such service is deemed, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. I am also informed that section 103(10) of the Road Traffic Act 1961 provides that in a prosecution for a fixed charge offence it shall be presumed until the contrary is shown that the relevant fixed charge notice has been served or caused to be served and that a payment pursuant to the relevant notice has not been made.
In so far as the use of registered post is concerned, I understand that this would not overcome objections that notices were received by persons other than those they were intended for, or that persons would not seek to avoid service by declining to accept such registered notices.
The Deputy will appreciate that road traffic legislation is the responsibility of my colleague the Minister for Transport, Tourism and Sport. I am informed that a number of legislative changes are contained in the Road Traffic Act, 2010 which strengthen the provisions relating the service of fixed charge notices for road traffic offences and I understand that the measures necessary to bring them into effect are being examined by the relevant stakeholders at present.
Proposed Legislation
Questions (708)
Joanna Tuffy
Question:708. Deputy Joanna Tuffy asked the Minister for Justice and Equality if his attention has been drawn to the fact that Ireland is lagging behind many other EU countries in terms of recognising and supporting the role of fathers in parenting; if he will follow the lead of other countries by introducing paternity leave starting with a provision similar to that recently introduced in the UK that allows paternity leave as part of a shared leave arrangement between mothers and fathers; and if he will make a statement on the matter. [27361/13]
View answerWritten answers
At this time there are no proposals to introduce paternity leave however this matter will be kept under review. While male employees are not entitled to paid or unpaid paternity leave, they may be entitled to Parental Leave.
In March of this year I signed the European Union (Parental Leave) Regulations 2013 which increased the amount of parental leave available to each parent per child from 14 weeks to 18 weeks. Both parents have an equal separate entitlement to parental leave and if they both work for the same employer and the employer agrees 14 weeks of the leave may be transferred to the other parent.
Garda Adult Cautioning Scheme Administration
Questions (709, 711)
Michael McNamara
Question:709. Deputy Michael McNamara asked the Minister for Justice and Equality the number of minor offenders who have been diverted from the courts over the Garda adult caution scheme since its inception in 2006. [27404/13]
View answerMichael McNamara
Question:711. Deputy Michael McNamara asked the Minister for Justice and Equality if he intends to include the possession of cannabis resin in its schedule of the Garda adult caution scheme; and if he will make a statement on the matter. [27406/13]
View answerWritten answers
I propose to take Questions Nos. 709 and 711 together.
The Garda Adult Cautioning Scheme, approved by the Director of Public Prosecutions (DPP), was introduced on a non-legislative basis on 1 February 2006 for specific offences including offences contained in the Criminal Justice (Public Order) Act 1994, the Criminal Justice (Theft and Fraud Offences) Act 2001, the Intoxicating Liquor Act 2003, the Non-Fatal Offences Against the Person Act 1997 and the Criminal Damage Act 1991.
I am informed by the Garda authorities that since its introduction in 2006 to 5 June, 2013, there has been a total of 67,765 Adult Cautions recorded on PULSE.
The Scheme, which was drawn up in the first instance in agreement between the Garda authorities and the Office of the Director of Public Prosecutions, is kept under review, but at present the offence referred to by the Deputy is not covered by the Scheme.
Crime Levels
Questions (710)
Michael McNamara
Question:710. Deputy Michael McNamara asked the Minister for Justice and Equality the numner offenders that have been successfully prosecuted for possession of cannabis resin, as opposed to possession with intent to supply since 2006. [27405/13]
View answerWritten answers
The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose.
I have requested the CSO to provide relevant information with reference to the statistics that are available directly to the Deputy.
Question No. 711 answered with Question No. 709.
Drugs Crime
Questions (712)
Michael McNamara
Question:712. Deputy Michael McNamara asked the Minister for Justice and Equality the number of offenders who benefited from the Probation Act in respect of convictions for possession of cannabis resin, as opposed to possession with intent to supply since 2006; and if he will make a statement on the matter. [27407/13]
View answerWritten answers
The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of statistics.
However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that statistics are available in respect of the application of the Probation Act in the District Court in relation to possession of drugs but not specifically possession of cannabis/cannabis resin. I should clarify that a conviction is not recorded where the Probation Act is applied in the District Court. Where the court thinks a charge against a person is proved, without proceeding to conviction, it can make an order dismissing the charge or discharging the offender conditionally on his or her entering into a recognisance. The court may order that the recognisance shall contain a condition that the offender be under the supervision of the Probation Service for a specified period (a “probation order”) or a recognisance under the Act may contain such additional conditions as the court may consider necessary for preventing a repetition of the same offence or the commission of other offences.
Work is under way in my Department on draft legislation to replace the Probation of Offenders Act 1907 and to modernise the law relating to community sanctions, such as probation orders, and the role of the Probation Service in the criminal justice system.
The table below sets out the number of defendants in cases for possession of drugs where the Probation Act was applied.
|
Year |
Number of defendants |
|
2013 (Jan-Apr) |
321 |
|
2012 |
1,153 |
|
2011 |
1,355 |
|
2010 |
1,386 |
|
2009 |
1,722 |
|
2008 |
1,730 |
|
2007 |
1,552 |
|
2006 |
1,282 |
Note: The table includes the application of Probation Orders and dismissals under the Probation Act. Where a defendant received more than one order in a year they are included once.
Question No. 713 answered with Question No. 647.
Immigration Controls
Questions (714)
Michael McNamara
Question:714. Deputy Michael McNamara asked the Minister for Justice and Equality when the practice of imposing passport controls on air bridges between the doors of airplanes and the airport was commenced by GNIB at Dublin Airport; if its purpose is to prevent asylum seekers entering the State; if he concerned that it might have such an effect; and if he will make a statement on the matter. [27410/13]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service of my Department that from time to time and on an intelligence led basis, immigration officers attached to the Garda National Immigration Bureau (GNIB), who are based at Dublin Airport, conduct immigration controls at the door of or on board aircraft which have arrived at the Airport. The undertaking of immigration controls in such manner is done to address a situation where non-nationals approach an immigration control booth and claim not to be in possession of a passport or equivalent travel document and not to know where they have travelled from.
Such checks enable immigration officers attached to GNIB to establish the true identity, nationality and age of non-nationals who have arrived in the State and the route on which they have travelled, in circumstances where it was intended that such information would not be provided or discovered.
In every case where a non-national makes an application for asylum, including where a non-national is encountered at the door of, or on board, an aircraft, such application is dealt with pursuant to the provisions of the Refugee Act 1996 (as amended), including being granted entry to the State for the purpose of pursuing their asylum application.
I should also point out that it is an offence under section 20 of the Refugee Act of 1996 (as amended) for a person claiming asylum to destroy or conceal travel/identity documents and to make any statement or give information that is knowingly false or misleading.
Garda Vetting of Personnel
Questions (715)
Michael McNamara
Question:715. Deputy Michael McNamara asked the Minister for Justice and Equality if he is aware that the Garda vetting process for persons seeking to take up places on community employment schemes in Clare (details supplied) is taking 16 weeks; if he considers this to be satisfactory; and if he will make a statement on the matter. [27414/13]
View answerWritten answers
I am informed by the Garda authorities that 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.
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 Garda Central Vetting Unit and this must remain the case.
The possibility of introducing an e-vetting system has been assessed and the Garda authorities are now in the process of developing a system which will enable vetting applications to be submitted electronically through a secure web service. In addition, the system will facilitate the checking and monitoring of applications. The relevant work is being pursued on a priority basis and it will be completed as quickly as possible.
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 13th May 2013 and an additional 6 took up positions on the 31st 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.
Official Secrets Act
Questions (716)
Sandra McLellan
Question:716. Deputy Sandra McLellan asked the Minister for Justice and Equality if the Official Secrets Act is still in use; and if he will make a statement on the matter. [27415/13]
View answerWritten answers
The Official Secrets Act 1963 continues in force. Preliminary work is under way in my Department on an Official Secrets Act (Amendment) Bill in accordance with commitments in the Programme for Government. This will be reassessed in light of related legislation, which deals with Protected Disclosures in the Public Interest, being proposed by the Minister for Public Expenditure and Reform.
Garda Investigations
Questions (717)
Martin Ferris
Question:717. Deputy Martin Ferris asked the Minister for Justice and Equality if the Garda have carried out an investigation into financial irregularities on the part of a person (details supplied). [27416/13]
View answerWritten answers
I am informed by the Garda authorities that An Garda Síochána is not aware of any investigation of the nature referred to by the Deputy.
Questions Nos. 718 and 719 answered with Question No. 647.
Garda Strength
Questions (720)
Patrick O'Donovan
Question:720. Deputy Patrick O'Donovan asked the Minister for Justice and Equality if he will provide in tabular form, the numbers of gardaí by rank in each Garda division for the years 2010, 2011, 2012 and to date in 2013; if he will provide details of the populations served by each of these divisions for the periods concerned; and if he will make a statement on the matter. [27426/13]
View answerWritten answers
The allocation of all resources, including personnel, within the Force rests with the Garda Commissioner, in consultation with his senior management team. Resource levels are constantly monitored, in conjunction with crime trends and other demands made on An Garda Síochána. The situation is kept under continuing review to ensure optimum use is made of these resources and the best possible Garda service is provided to the public.
The strength of each station, district and division broken down by rank for the years 2010, 2011 and 2012 are set out in the reply to Question No. 143 of 17 January 2013. The strength for each station, district and division broken down by rank for 30 April 2013, the latest date for which figures are readily available, is in the spreadsheet.
The population statistics are available from the Central Statistics Office website at www.cso.ie.
The Excel spreadsheet is available as an attachment at the top of the web page.
Garda Investigations
Questions (721)
Clare Daly
Question:721. Deputy Clare Daly asked the Minister for Justice and Equality the reason a person (details supplied) has not yet received a pulse number from An Garda Síochána with reference to their claim for fraud lodged against AIB as a result of their lack of licensing. [27439/13]
View answerWritten answers
I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
Garda Vetting Applications
Questions (722)
Nicky McFadden
Question:722. Deputy Nicky McFadden asked the Minister for Justice and Equality if extra staff will be recruited in the area of Garda vetting to ensure that applicants for youth work projects through community education schemes are processed as quickly as possible (details supplied); and if he will make a statement on the matter. [27443/13]
View answerWritten answers
The Garda Central Vetting Unit (GCVU) provides employment vetting for approximately 20,000 organisations in Ireland, registered with the Unit for this purpose, 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.
The current average processing time for applications is approximately 12 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.
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 Garda Central Vetting Unit and this must remain the case.
While an e-vetting system is being developed and will be completed as quickly as possible, 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 Department of Agriculture who are undergoing the required training course. A further 15 personnel were allocated to the GCVU in May. 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.
Question No. 723 answered with Question No. 647.