Tuesday, 11 Jun 2013

Written Answers Nos. 724-39

Courts Service Issues

Questions (724)

Pat Deering

Question:

724. Deputy Pat Deering asked the Minister for Justice and Equality further to Parliamentary Question No. 186 of 10 October 2012 when a court messenger will be appointed in Carlow. [27460/13]

Written answers

Minister for Justice and Equality

As the Deputy will be aware, 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 and court messengers are members of staff of the Courts Service. However, in order to be of assistance to the Deputy, I have made inquiries and the Courts Service has informed me that a Court Messenger with responsibility for Wexford and Carlow commenced duty on 10 December 2012.

Magdalen Laundries Issues

Questions (725)

Mary Lou McDonald

Question:

725. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will consider extending the Magdalen Fund to surviving women of the former Sisters of Mercy Laundry in Clifden, County Galway. [27464/13]

Written answers

Minister for Justice and Equality

The Government decision of 19 February relates to Magdalen Laundries which were examined by the Inter-Departmental Committee set up to establish the facts of State involvement. Judge Quirke was asked to advise on a Scheme of supports for the women who were in these Magdalen laundries. There were a wide variety of institutions which had laundries run by different religious congregations and no decision has been made to include them all within the scope of the Magdalen Scheme. As regards the specific institution referred to by the Deputy, it is not included in the Government decision of 19 February and there are no plans to include it.

Proposed Legislation

Questions (726)

Andrew Doyle

Question:

726. Deputy Andrew Doyle asked the Minister for Justice and Equality the work his Department is currently undertaking on various pieces of upcoming legislation, through a potential Bill to go through the Houses of the Oireachtas or through statutory instrument, to ensure Ireland is in compliance with the upcoming deadlines of directives from the European Union; the deadline in each case; and if he will make a statement on the matter. [27478/13]

Written answers

Minister for Justice and Equality

The information sought by the Deputy is set out in the following table.

Directive (full title and number)	Due date for Transposition	Proposed method of Transposition (primary legislation or S.I.)
Directive 2011/36/EU of the European Parliament and of the Council on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA.	6 April 2013	Primary legislation. Most of the criminal law measures in the Directive are already implemented by the Criminal Law (Human Trafficking) Act 2008. The Criminal Law (Human Trafficking) (Amendment) Bill 2013 addresses a small number of outstanding legislative measures. The Bill was concluded in the Seanad on 28 May and is awaiting Second Stage in the Dáil.
Directive 2010/64/EU on the right to interpretation and translation in legal proceedings.	27 October 2013	It is considered that Ireland's existing arrangements for translation and interpretation meet, in practice, the requirements of the Directive. However, secondary legislation is being contemplated to give the necessary legal certainty and clarity for effective transposition of the Directive.
Directive 2011/92/EU of the European Parliament and of the Council on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA.	18 December 2013	Primary legislation. Many of the criminal law measures in the Directive, are already covered by existing legislation. Outstanding measures are included in the draft General Scheme of a Sexual Offences Bill, which is at an advanced stage of preparation.
Directive 2012/13/EU on the right to information in criminal proceedings	1 June 2014	An assessment of the legislative measures necessary to give effect to the Directive is underway in the Department. This will include consideration as to whether primary or secondary legislation is appropriate.

Prisoner Discipline

Questions (727)

Clare Daly

Question:

727. Deputy Clare Daly asked the Minister for Justice and Equality the number of prisoners on prisoner assaults in each prison in total in 2012; the number of prisoner on staff assaults in each prison in total in 2012; and if he will make a statement on the matter. [27516/13]

Written answers

Minister for Justice and Equality

The information requested by the Deputy, on the number of prisoner on prisoner assaults and prisoner on staff assaults for 2012, is set out in the following table.

Prison/Place of Detention	Number of Prisoner on Prisoner Assaults by prison	Number of Prisoner Assaults on Staff by prison
Arbour Hill	4	0
Castlerea	73	7
Cloverhill	97	9
Cork	43	7
Dóchas Centre	25	3
Limerick	45	10
Loughan House	1	0
Midlands	68	10
Mountjoy (Male)	92	19
St. Patrick's Institution	156	36
Portlaoise	12	0
Shelton Abbey	1	0
Training Unit	0	0
Wheatfield	98	6
PSEC	0	0
Total	715	107

No level of inter prisoner violence or assaults on staff is acceptable. Every effort is made by prison staff and management to limit the scope of acts of violence. However, no regime can completely eliminate the possibility of violent incidents happening in a prison setting where a large number of dangerous and violent offenders are being held. As the Deputy can see from the figures there were 822 incidents of violence recorded in prisons during 2012 and this includes very minor incidents. This amounts to an average of 2.2 incidents per day among a population of approximately 4,300.

The Irish Prison Service has successfully introduced a number of measures across the prison estate such as, hand-held metal detectors, netting over prison yards, Boss chairs and security screening machines to detect and prevent weapons from entering the prison to limit the scope of acts of violence.

In addition, new prisoner programmes have been introduced such as the Incentivised Regimes policy which provides for a differentiation of privileges between prisoners according to their level of engagement with services and quality of behaviour. The objective is to provide tangible incentives to prisoners to participate in structured activities and to reinforce good behaviour, leading to a safer and more secure environment. As a result, I am pleased to advise the Deputy that the figure for 2012 represents a 35% decrease on the 2011 total of 1,256 (1,115 prisoner on prisoner and 141 prisoner on staff).

Prisoner Data

Questions (728)

Clare Daly

Question:

728. Deputy Clare Daly asked the Minister for Justice and Equality the number of prisoners in total and in each institution that are at present in custody; the number required to slop out in each institution; the number required to use normal toilet facilities in the presence of others in each institution; the number that are sole occupants of a cell that has a normal flush toilet installed or have access at all times to normal toilet facilities in each institution; and if he will make a statement on the matter. [27517/13]

Written answers

Minister for Justice and Equality

I refer to your parliamentary question for written answer on Tuesday 11th June 2013. The information has been collated and is set out in the tables below. Unfortunately, the issue of slopping out cannot be resolved overnight. However, I can assure you that the Government is committed to the elimination of slopping out in all prisons and places of detention.

I am pleased to note that the number of prisoners currently slopping out has decreased by over 32% in the past 12 months from 836 to 565 and will reduce further to 360 in September this year when the D Division in Mountjoy closes for refurbishment. This refurbishment project, which forms part of a 40-month Capital Plan, published in April 2012 as part of the Prison service Three Year Strategic Plan 2012-2015, includes the installation of in-cell sanitation to all cells in Mountjoy Prison. You will be aware that the C and B wings were completed in 2012 and work on the A wing is due for completion in September this year. As I have said, slopping out will finally end in Mountjoy Prison, later this year, when work on the final wing, the D wing, commences.

In addition, construction of a new prison in Cork, on the site of the current car park and adjacent green-field site will also commence this year. This new prison will have a capacity of 275 and will replace the existing outdated prison with modern cellular accommodation containing in-cell sanitation and showering facilities supported by a full range of ancillary services. The construction of a new wing at Limerick Prison, to replace the outdated A and B Wings, also forms part of the 40-month capital plan and the tender process for this project is expected to commence in June.

You will be aware that a new accommodation block for in the Midlands Prison was opened in December 2012. The opening of this new accommodation block has allowed the Prison Service to reduce the capacities of both Cork and Limerick Prison resulting in the closure of antiquated B wing of Limerick Prison.

Number in custody on 5th June 2013.

Prison	No. in Custody
Mountjoy Male	537
Mountjoy Female	138
Training Unit	110
St Patrick's Institution	146
Cloverhill Prison	406
Wheatfield Prison	708
Midlands Prison	738
Portlaoise Prison	260
Cork Prison	226
Limerick (M)	229
Limerick (F)	25
Castlerea	354
Arbour Hill	140
Loughan House	122
Shelton Abbey	112
Total	4,251

In May 2013, approximately 86% or 3,668 of the prisoners in custody across the prison system had access to in-cell sanitation or had access to normal toilet facilities at all times. A detailed breakdown is set out in the following table.

Institution	No. of prisoners who are required to slop-out	No. of prisoners who are required to use normal toilet facilities in the presence of others	No. of prisoners that are sole occupants of a cell with normal flush toilet installed or have access at all times to normal toilet facilities
Arbour Hill	0	49	92
Castlerea	0	224	136
Cloverhill	0	358	47
Cork	233	0	7
Dochas	0	0	59
Limerick	46	115	85
Loughan	0	0	125
Midlands	0	429	302
Mountjoy (Male)	206	79	274
Portlaoise	60	49	159
Shelton	0	0	114
St Patrick's Institution	0	0	157
Training Unit	20	0	93
Wheatfield	0	506	209
Total	565	1809	1859

Questions Nos. 729 and 730 answered with Question No. 647.

Naturalisation Applications

Questions (731)

Tom Fleming

Question:

731. Deputy Tom Fleming asked the Minister for Justice and Equality if he will urgently examine and expedite a naturalisation application in respect of a person (details supplied); and if he will make a statement on the matter. [27618/13]

Written answers

Minister for Justice and Equality

The person referred to by the Deputy has not made an application for naturalisation. I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned entered the State on 30 September, 2008 and claimed asylum. His application for asylum was unsuccessful at first instance and this decision was upheld on appeal to the Office of the Refugee Appeals Tribunal (RAT) on 07 February, 2011. Arising from the refusal of his asylum application and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), he was notified by letter dated 28 February, 2011 that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

I am informed by INIS that the person concerned subsequently made an application for permission to remain in the State on the basis of his marriage to an Irish national which took place in October 2010. This application was refused in October 2011 as examination of his documents appeared to show that that the biographical data page was not part of the original passport as issued and was likely the result of an unauthorised substitution. In February, 2013, the person concerned made a further application for permission to remain in the State on the basis of his marriage to an Irish national. He has submitted a new Passport with his application. Such applications are dealt with in chronological order and INIS are currently processing applications received in November 2012.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

EU Issues

Questions (732)

Andrew Doyle

Question:

732. Deputy Andrew Doyle asked the Minister for Justice and Equality his views on the current European Commission proposal for a regulation on the European Agency for Law Enforcement Co-operation and Training Europol, thereby repealing the existing decisions on Europol and European Police College and allowing for their merger; and if he will make a statement on the matter. [27627/13]

Written answers

Minister for Justice and Equality

The proposal referred to by the Deputy was discussed at last week's meeting of the EU Justice and Home Affairs Council in Luxembourg (6/7 June) and detailed consideration by the relevant working group will commence, under the Irish Presidency, later this month. The proposal concerns two existing EU agencies, Europol and CEPOL. Europol's role is to support national law enforcement bodies in their fight against serious crime and terrorism. Europol does this by exchanging information between national services and providing analysis of data to assist national services. The European Police College, CEPOL, facilitates cooperation between national police services by organising and conducting training with a specific European and international dimension.

Given that Ireland currently holds the Presidency of the EU, I think that it would be inappropriate for me to comment in detail on a proposal consideration of which we will be chairing. I am aware that some Member States are not convinced by the arguments put forward by the Commission in relation to the proposed merger and I am sure that this will be considered further in the course of the negotiations on the proposal.

Magdalen Laundries Report

Questions (733)

Andrew Doyle

Question:

733. Deputy Andrew Doyle asked the Minister for Justice and Equality his views on the recent letter (details supplied) regarding the Senator Martin McAleese report into the Magdalen laundries; if he intends to respond to the committee via our Ambassador at the UN Human Rights Council in Geneva or directly to the committee; and if he will make a statement on the matter. [27628/13]

Written answers

Minister for Justice and Equality

The United Nations Committee Against Torture (UNCAT) monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. All State parties are obliged to submit regular reports to the Committee. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of concluding observations.

An examination of Ireland’s first national report on the measures taken to give effect to the undertakings under Article 19 of the Convention took place in Geneva in May, 2011. In its concluding observations the Committee requested Ireland to provide further information on its response to a number of the Committee’s recommendations. Ireland subsequently responded to the Committee on 31st July, 2012.

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 31st 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.

Question No. 734 answered with Question No. 647.

Road Traffic Accidents Data

Questions (735)

Colm Keaveney

Question:

735. Deputy Colm Keaveney asked the Minister for Justice and Equality the number of vehicular traffic accidents that have been recorded at or in close proximity to the crossroads at Knockdoe, Claregalway, County Galway, being the junction between the N17 and the roads leading to the townlands of Carraghy and Monroe, in the periods from the beginning of November 2012 to end of April 2013, and from the beginning of November 2011 to end of April 2012; and if he will make a statement on the matter. [27673/13]

Written answers

Minister for Justice and Equality

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 Deployment

Questions (736)

Clare Daly

Question:

736. Deputy Clare Daly asked the Minister for Justice and Equality the reason the Kells district was not allocated a superintendent, despite the fact that many smaller districts with smaller populations and less crime were allocated superintendents in the recent period. [27686/13]

Written answers

Minister for Justice and Equality

The 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 by the Commissioner and his senior management team in the context of demographics, crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level. The objective at all times is to ensure that optimum use is made of Garda resources and that the best possible Garda service is provided to the public. While there is currently a vacancy at Superintendent rank in the Kells District, the policing service there is kept under close review by the Divisional Officer for the Meath Garda Division.

Question No. 737 answered with Question No. 647.

Emergency Services Personnel

Questions (738)

Terence Flanagan

Question:

738. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will indicate the measures in place to protect emergency service drivers in the course of their work; and if he will make a statement on the matter. [27699/13]

Written answers

Minister for Justice and Equality

Section 19 of the Criminal Justice (Public Order) Act 1994, (as amended by section 185 of the Criminal Justice Act 2006) makes it an offence to assault, in the course of their duties, a "peace officer", persons providing medical services in a hospital or any persons assisting either. For the purposes of the Act, "peace officer" includes members of the Garda Síochána, Prison Officers, members of the Defence Forces, members of the Fire Brigade and ambulance personnel. A person convicted on indictment of such an assault can be sentenced to up to 7 years imprisonment. I believe that it is right that strong penalties should apply to persons who assault or threaten to assault emergency services personnel.

Question No. 739 answered with Question No. 647.