Thursday, 4 Jul 2013

Written Answers Nos. 193 - 203

Prison Inspections

Questions (193)

Ciaran Lynch

Question:

193. Deputy Ciarán Lynch asked the Minister for Justice and Equality in view of the report by the Committee for the Prevention of Torture following its visit to Cork Prison in 2010, if a review of the operation of the segregation unit at Cork Prison has been carried out; if the deficiencies observed by the committee regarding material conditions in D Unit have been rectified; if he will indicate the changes that have been made in this regard; and if he will make a statement on the matter. [32618/13]

Written answers

Minister for Justice and Equality

As the Deputy is aware, the Committee for the Prevention of Torture (CPT) Report following their visit to Ireland in 2010 made a number of recommendations in relation to the D Unit in Cork Prison.

In relation to the material conditions, the Government's response to the Report in February 2011 confirmed that cleaning products are available and prisoners are expected to keep their cells clean.

As the Deputy will be aware, legislation to give development consent for a new prison facility for Cork city was recently approved by this House and is now awaiting consideration by the Seanad.  The main purpose of the new prison facility is to replace the substandard prison accommodation in Cork and to provide a modern prison designed on the principles of rehabilitation and resettlement.

In relation to the other issues raised by the Committee, each prisoner in the D Unit receives between two to four hours exercise in the yard daily and no prisoner exercises alone. I can also advise the Deputy that on revision of the Standard Operational Procedures in the D Unit of Cork Prison, all prisoners can now make orders to the tuck shop, they are allowed access to phone calls and family visits. If any prisoner requests access to education, a teacher will be made available to provide them with assistance, and/or to provide additional educational resources such as books.

Prison Investigations

Questions (194)

Ciaran Lynch

Question:

194. Deputy Ciarán Lynch asked the Minister for Justice and Equality in view of the report by the Committee for the Prevention of Torture following its visit to Cork Prison in 2010, if he will indicate if the investigation into the death of a prisoner in the prison in 2010 has been concluded; if the relevant information has been forwarded to the committee; and if he will make a statement on the matter. [32619/13]

Written answers

Minister for Justice and Equality

I am advised by the Director General of the Irish Prison Service that the inquest into the death referred to by the Deputy was held by the Cork City Coroner on 25 May 2010. The Court recorded a verdict of death by misadventure, with no recommendation made by the Court. An investigation was undertaken by the Irish Prison Service into this death and has been concluded. Arrangements are currently being finalised to communicate the result of the investigation to the Committee.

Prison Accommodation

Questions (195)

Ciaran Lynch

Question:

195. Deputy Ciarán Lynch asked the Minister for Justice and Equality if in view of the report by the Committee for the Prevention of Torture following their visit to Cork Prison in 2010, he will indicate if there has been an increase in the frequency of showers taken by prisoners since 2010; the current average frequency of showers taken by prisoners in each part of the prison; and if he will make a statement on the matter. [32620/13]

Written answers

Minister for Justice and Equality

I can inform the Deputy that extra showers were installed on A1, A2, and A3 landings (3 shower cubicles in each unit) and that showers are now available in all areas of Cork Prison. Furthermore, the main prison shower area can cater for 10 prisoners at a time and the prison gym also has 6 showers which are open daily.

As the Deputy will be aware, legislation to give development consent for a new prison facility for Cork has been approved by this House and will be considered by the Seanad in the coming days.  The main purpose of the new prison facility is to replace the substandard prison accommodation in Cork and the new facility will include shower facilities in each individual cell.

Prison Accommodation

Questions (196)

Ciaran Lynch

Question:

196. Deputy Ciarán Lynch asked the Minister for Justice and Equality if in view of the report by the Committee for the Prevention of Torture following their visit to Cork Prison in 2010, he will indicate the number of occasions on which the 7.5 m² cells were used to accommodate more than one prisoner; the number of occasions on which the 9 m² cells were used to accommodate two or more prisoners; and if he will make a statement on the matter. [32621/13]

Written answers

Minister for Justice and Equality

I wish to advise the Deputy that the collation of the information, as requested, for the time period since 2010 would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources.

I am, however, in a position to advise the Deputy of the position in Cork Prison on 2 July, 2013 which is set out in the following table.

Cell size	Number of cells used for single occupancy	Number of cells with two or more prisoners
7.5m²	25	59
9m²	22	20

As the Deputy will be aware, legislation to give development consent for a new prison facility for Cork city has been approved by this House and is now awaiting consideration by the Seanad.  The main purpose of the new prison facility is to replace the substandard prison accommodation in Cork and to provide a modern prison designed on the principles of rehabilitation and resettlement.

The investment being made in the development of a new modern prison facility in Cork is a significant commitment by the Government given the current economic pressures being experienced. The new modern prison, including cells which are approximately 12m², and have full in-cell sanitation and showering facilities, will end the practice of slopping out and also provide the infrastructure necessary for the education and rehabilitation of prisoners thus enhancing public safety.

All cells will be fully compliant with the standards for double occupancy as set down by the Inspector of Prisons.

Garda Investigations

Questions (197, 198, 199)

Kevin Humphreys

Question:

197. Deputy Kevin Humphreys asked the Minister for Justice and Equality the number of requests for the tapping or interception of conversations on mobile or landline telephones that have been approved in the last year; and if he will make a statement on the matter. [32635/13]

Kevin Humphreys

Question:

198. Deputy Kevin Humphreys asked the Minister for Justice and Equality the regulations or judicial protections that apply to requests for the tapping or interception of conversations on mobile or landline telephones here; if he will outline the procedure that applies for such requests; and if he will make a statement on the matter. [32636/13]

Kevin Humphreys

Question:

199. Deputy Kevin Humphreys asked the Minister for Justice and Equality the number of requests that have been submitted for the interception of communications through a mobile or landline telephone belonging to a journalist or politician that have been submitted in the last year; and if he will make a statement on the matter. [32637/13]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 197 to 199, inclusive, together.

The Deputy will appreciate that it is not the practice and would be contrary to public interest to disclose details of requests or authorisations for interceptions including their number. However, I can assure the Deputy that there is a comprehensive legislative regime in place to deal with lawful interception.

Under Section 2 of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 Ministerial authorisation may be given for interceptions in the interests of the security of the State or for the purpose of criminal investigation. Such authorisations are only issued following application from the Garda Commissioner or the Chief of Staff of the Defence Forces, in accordance with the Act.

The Act provides for the appointment of a High Court Judge to keep under review the operation of the Act and to ascertain whether its provisions are being complied with. The judge must report to An Taoiseach on the operation of the Act. Such reports are subsequently laid before the Houses of the Oireachtas. In addition, the Act provides for a procedure whereby a member of the public who believes that his/her communications have been intercepted may apply to a "Complaints Referee" for an investigation into the matter. The role of the Complaints Referee is to investigate whether an authorisation was in force and, if so, whether the provisions of the Act have been contravened in relation to that authorisation. If the Complaints Referee finds that there has been a contravention he should notify the individual concerned and report it to An Taoiseach. He may also recommend the payment of compensation. The current Complaints Referee is a judge of the Circuit Court.

Garda Investigations

Questions (200)

Pádraig MacLochlainn

Question:

200. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he will confirm that an assertion in an affidavit, the High Court Record No. 2006/1177P, on behalf of the Commissioner of An Garda Síochána, the then Minister for Justice and the Attorney General, that on 19 July 2000 a gun and ammunition, central to the case, were destroyed, is correct. [32655/13]

Written answers

Minister for Justice and Equality

I am informed by the Garda authorities that the firearm and ammunition in question were destroyed on the 19th July 2000.

Domestic Violence Policy

Questions (201)

Bernard Durkan

Question:

201. Deputy Bernard J. Durkan asked the Minister for Justice and Equality in conjunction with his EU colleagues, the progress made in recent years with regard to tackling incidents of domestic violence within the jurisdiction, with particular reference to the growth in demand for NGOs to provide services to women and children experiencing domestic violence; and if he will make a statement on the matter. [32667/13]

Written answers

Minister for Justice and Equality

The Deputy may be aware that one of the achievements of the Irish EU Presidency was securing the agreement on an EU Regulation on mutual recognition of protection measures in civil matters. The Regulation provides the legal framework under which a protection order, such as a barring or safety order, obtained by a victim of domestic violence in one EU Member State can be recognised and enforceable in other EU Member States. The measure will enable victims of domestic violence to travel around Europe or to relocate to another EU Member State in safety, without having to go through additional court processes in other Member States.

Cosc, The National Office for the Prevention of Domestic, Sexual and Gender-based Violence, which is an Executive Office in my Department, is working through the National Strategy on this topic with other Government Departments, state agencies and NGOs to support a "whole of Government" response to these issues.

The Commission for the Support of Victims of Crime provides some funding to NGOs working to provide services to women and children to support their court accompaniment services. Some €450,000 was given to these NGOs in 2011 and 3,147 victims were helped, while in 2012 the Commission provided just over €440,000 and 3,276 victims were helped. This shows a year on year increase of 4% in the number of victims helped.

However, I am informed that in 2012 approximately €16.1m in funding of NGOs working to provide services to women and children experiencing domestic violence was provided by the HSE (Children and Families Service), working under the aegis of the Department of Health. This work is expected to be transferred to the Child and Family Support Agency on its establishment. I understand that the new agency will report directly to my colleague the Minister for Children and Youth Affairs.

Garda Vetting Applications

Questions (202)

Seán Fleming

Question:

202. Deputy Sean Fleming asked the Minister for Justice and Equality when Garda clearance will be issued to three persons to work for an organisation (details supplied) in County Offaly who are waiting one month for Garda clearance; and if he will make a statement on the matter. [32671/13]

Written answers

Minister for Justice and Equality

I am awaiting the information sought from the Garda authorities and will communicate with the Deputy as soon as the information is to hand.

Garda Vetting Applications

Questions (203)

Seán Fleming

Question:

203. Deputy Sean Fleming asked the Minister for Justice and Equality when Garda clearance will be issued to three persons to work for an organisation (details supplied) in County Offaly who are waiting five months for Garda clearance; and if he will make a statement on the matter. [32672/13]

Written answers

Minister for Justice and Equality

I am awaiting the information sought from the Garda authorities and will communicate with the Deputy as soon as the information is to hand.