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Thursday, 13 Jun 2013

Written Answers Nos. 35-43

Sex Offenders Notification Requirements

Questions (35)

Denis Naughten

Question:

35. Deputy Denis Naughten asked the Minister for Justice and Equality if he is satisfied with the level of compliance by persons who are subject to the requirements of Part 2 of the Sex Offenders Act 2001; the number of notifications received from other jurisdictions or from Interpol regarding the travel of convicted sex offenders to Ireland during the period 2009 to 2013; and if he will make a statement on the matter. [28224/13]

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Written answers

The Sex Offenders Act 2001 contains a comprehensive series of provisions aimed at protecting children and other persons. Part 2 of the Act makes persons convicted of a range of sexual offences subject to notification requirements. The provisions of the Act also extend to any offenders convicted abroad of the same range of sexual offences who enter the State.

All offenders subject to the notification requirements are monitored by the Sex Offender Management and Intelligence Unit (SOMIU) at the Garda National Bureau of Criminal Investigation. The Unit is supported by Garda Inspectors nominated in each Garda Division throughout the State. I am informed that the nominated Inspector in each Division has access to all necessary resources within his/her Division to assist him/her in carrying out his/her duties. Where An Garda Síochána becomes aware that an offender subject to the notification requirements has breached those requirements, appropriate action is taken. I am confident that the appropriate level of monitoring is carried out by An Garda Síochána and all breaches of the requirements which come to notice are pursued.

I am also informed that when the Garda authorities become aware that a convicted sex offender has left or is intending to leave the State, the Sex Offender Management and Intelligence Unit ensures that the relevant law enforcement agency in the country of destination is advised via Interpol.

An Garda Síochána receive, on a regular basis, notifications regarding convicted sex offenders who travel to this country. I am advised by the Garda authorities that while there were 242 notifications of individual visits through Interpol since 2009 this would include persons travelling on several occasions. When SOMIU receives such a notification, it is recorded on the Garda PULSE system and the relevant nominated Divisional Inspector is notified as a priority.

Garda Complaints Procedures

Questions (36)

Sandra McLellan

Question:

36. Deputy Sandra McLellan asked the Minister for Justice and Equality if he is satisfied that the system within An Garda Síochána for receiving confidential complaints and expressions of concern is adequate following the experience of the two Garda whistleblowers who made allegations of malpractice in the fixed charge processing system. [28230/13]

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Written answers

The Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007 provide for an independent Confidential Recipient to whom members of the Force can report, in confidence, instances where they believe there may be corruption or malpractice within the Force. The Confidential Recipient is required to transmit each report to the Commissioner but, in doing so, is bound to protect the identity of the confidential reporter. Any communication between the Confidential Recipient and the Commissioner is absolutely confidential and there are strong safeguards in the Regulations for the protection of confidential reporters.

It is also the case that, in line with a commitment in the Programme for Government, my colleague the Minister for Public Expenditure and Reform will shortly bring forward legislative proposals to give robust protection for whistleblowing employees generally, across the public and private sectors. The intention is that this legislation will make provision for the Garda Síochána, and I look forward to the opportunity of discussing the details of the proposals when they are published.

Penal Policy Review Group Report

Questions (37)

Martin Ferris

Question:

37. Deputy Martin Ferris asked the Minister for Justice and Equality his views on the report on penal reform from the Joint Committee on Justice, Defence and Equality from March 2013; and if he will make a statement on the matter. [28242/13]

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Written answers

In line with the recommendations of the Thornton Hall Project Review Group, I announced an all encompassing strategic review of penal policy last September.

A Working Group was established to carry out this review and to make recommendations on how a principled and sustainable penal system might be further enhanced taking into account resource implications, constitutional imperatives and international obligations. The Group has also been asked to consider the Joint Committee's recommendations on penal reform. I expect the Group to report later this year and it is the intention to publish their report.

Family Reunification Policy

Questions (38, 43)

Pearse Doherty

Question:

38. Deputy Pearse Doherty asked the Minister for Justice and Equality if a timeline for the new policy on family reunification has been agreed; and if he will make a statement on the matter. [28231/13]

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Pearse Doherty

Question:

43. Deputy Pearse Doherty asked the Minister for Justice and Equality when the Irish Naturalisation and Immigration Service will resume processing applications for an estimated 50 cases of family reunification, which were halted in advance of a new policy; and if he will make a statement on the matter. [28232/13]

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Written answers

I propose to take Questions Nos. 38 and 43 together.

It is anticipated that this document will be finalised shortly. This is a complex matter and there is a need to achieve the proper balance between competing interests. In relation to cases being delayed, I should point out that most of the caseload is being processed normally and those on hold pending the revised policy relate primarily to applications from non-EEA parents seeking to join their adult children in Ireland. That form of migration presents notable difficulties to immigration services throughout the world given the importance of ensuring that the State does not become unreasonably exposed to financial liability for the upkeep of such persons. All outstanding cases will be addressed on finalisation of the policy document.

Garda Resources

Questions (39)

Heather Humphreys

Question:

39. Deputy Heather Humphreys asked the Minister for Justice and Equality if he will consider providing additional resources for the Cavan-Monaghan Garda division in order to deal with the cross-Border criminality that has resulted in a serious increase in cattle and machinery theft in the north Monaghan area; and if he will make a statement on the matter. [28226/13]

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Written answers

As the Deputy is aware, the allocation of all resources, including personnel, is a matter entirely for the Garda Commissioner and I have no direct function in the matter. I have however been informed by the Garda authorities that the personnel strength of the Cavan/Monaghan Garda Division on 30 April 2013 was 342. There were also 23 Garda Reservists and just under 40 Garda Civilians attached to the Division. Divisional resources are further augmented, where necessary, by a number of Garda National Units such as the Garda National Drugs Unit (GNDU), the National Bureau of Criminal Investigation (NBCI), the Criminal Assets Bureau (CAB) and other specialised units.

There is close and ongoing co-operation between the Garda Síochána and the PSNI on all aspects of policing, including combating organised crime. The Garda Commissioner and the Chief Constable of the PSNI, who are responsible for operational policing co-operation, have repeatedly emphasised that the close and high quality co-operation between their forces has been instrumental in preventing attacks, combating criminality and saving lives.

The two police forces operate a joint Cross-Border Policing Strategy which has as its aims to improve public safety throughout Ireland, to disrupt criminal activity and to enhance the policing capability of both police services on the island. All of these are important elements in enabling the two forces to work more effectively together in tackling crime and promoting community safety for all communities on this island.

Inter-agency cooperation is a key factor in combating the activities of organised criminal gangs operating on this island and the paramilitary groups who are inextricably linked to them.

National Disability Strategy Implementation Plan

Questions (40)

Aengus Ó Snodaigh

Question:

40. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality when he will publish an implementation plan for the national disability strategy. [28235/13]

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Written answers

In line with the Programme for Government commitment to publish an Implementation Plan for the National Disability Strategy, the Minister for Disability, Equality, Mental Health and Older People, Ms. Kathleen Lynch, established and personally chairs the National Disability Strategy Implementation Group (NDSIG). This Group is charged with developing the Plan and monitoring its future implementation. The Group comprises representatives of relevant government departments, the City and County Managers Association, the National Disability Authority, the Disability Stakeholder Group and a number of people appointed in their personal capacity to bring their lived experience to the Group. Significant consultation has taken place and drafting of the Plan is at a very advanced stage. The next meeting of the NDSIG is scheduled for 20th June and it is anticipated that the Plan will be finalised at this meeting. The Plan will be published as soon as possible thereafter.

Garda Investigations

Questions (41, 50)

Denis Naughten

Question:

41. Deputy Denis Naughten asked the Minister for Justice and Equality further to Parliamentary Question No. 8 of 20 June 2012, the position regarding the Garda review into the murder of Fr. Niall Molloy in Clara, County Offaly, in July 1985; if he will accede to the request by the family for an independent inquiry into the priest's violent death; and if he will make a statement on the matter. [28225/13]

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Joe Higgins

Question:

50. Deputy Joe Higgins asked the Minister for Justice and Equality if he will provide an update of the cold case file given to the Garda Commissioner on 11 March in relation to the Fr. Niall Molloy case and the promised report on the matter. [28370/13]

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Written answers

I propose to take Questions Nos. 41 and 50 together.

I am informed by the Garda authorities that the examination surrounding the circumstances of the death of Father Niall Molloy has been completed and that an investigation file has been forwarded for the attention of the Office of the Director of Public Prosecutions (DPP). The Deputies will appreciate that in these circumstances it would not be appropriate for me to comment further on this matter at this time.

Traveller Community

Questions (42)

Gerry Adams

Question:

42. Deputy Gerry Adams asked the Minister for Justice and Equality his response to the recent report from Pavee Point entitled, Travelling with Austerity, outlining the severe impact of cutbacks on Travellers, Traveller projects and services. [28227/13]

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Written answers

The report referred to by the Deputy is very recent, published in April 2013, and it presents statistics and associated conclusions to found what seems to be its basic premise that there has been a ‘dramatic disinvestment’ by the State in the Traveller community in the past five years. Whilst it is accepted that Traveller funding has been reduced, funding has had to be reduced across the board due to our economic circumstances and there is no question of any such 'dramatic disinvestment'. The report has been examined in a preliminary way in my Department and I understand that issues regarding possible inaccuracies in the report have been raised with Pavee Point by my own Department and by the Department of Education and Skills.

However I also understand that Pavee Point have been invited to make a presentation on the report to the High Level Group on Travellers, which is chaired by my colleague, Minister of State Kathleen Lynch, and is attended by senior officials from the relevant Government Departments and agencies. I would expect that a full discussion of the issues raised in the report will take place at that time. Under the circumstances, I am not in a position to comment further on this report at this time.

Question No. 43 answered with Question No. 38.
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