Written Answers Nos. 503-514
503. Deputy Andrew Doyle asked the Minister for Justice and Equality if he is considering amending current legislation in order that a member of the judiciary is elevated from a lower court to a higher court, that the Judicial Appointments Advisory Board is consulted; and if he will make a statement on the matter. [35986/13]
View answer557. Deputy Andrew Doyle asked the Minister for Justice and Equality if he is considering a recommendation from the 2012 Annual Report of the Judicial Appointments Advisory Board, following on from their 2002 point that persons appointed to the Judiciary should undergo a medical examination; and if he will make a statement on the matter. [36401/13]
View answerI propose to take Questions Nos. 503 and 557 together.
The Deputy will be aware that under the Irish Constitution judges are appointed by the President on the advice of the Government. Such appointments are dealt with by the Judicial Appointments Advisory Board which was established pursuant to the Courts and Court Officers Act 1995. Section 17 of the same Act provides that these procedures shall not apply where the Government propose to advise the President to appoint a serving judge. A review of the current appointment procedure is ongoing and these matter are under consideration in that context. Any proposal to revise the current system of judicial appointments would involve amendment of the legislation and would, of course, be a matter for consideration by Government in due course.
504. Deputy Ciara Conway asked the Minister for Justice and Equality his plans to tackle the waiting list of approximately 3,000 persons who are awaiting Gardaí clearance; and if he will make a statement on the matter. [35988/13]
View answerGarda Vetting is conducted by the Garda Central Vetting Unit (GCVU) for organisations registered with the Unit for that purpose. The Unit processed approximately 328,000 vetting applications on behalf of these organisations in 2012. 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 now 1 Superintendent, 3 Sergeants and approximately 127 whole time equivalent civilian personnel assigned to the Garda Central Vetting Unit. With further assignments of staff this month, staffing at the Unit will be of the order of 140 (whole time equivalent) staff, which represents an increase in staff assigned to the Unit of almost 50% since March this year. As staff become 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.
506. Deputy Kevin Humphreys asked the Minister for Justice and Equality following the publication of the Joint Oireachtas Committee on Justice, Equality and Defence of a report on its review of the legislation on prostitution here, if he will be bringing forward legislation on this matter; and if he will make a statement on the matter. [36000/13]
View answer535. Deputy Mick Wallace asked the Minister for Justice and Equality his views on the recent report by the Oireachtas Committee on Justice which recommends the criminalisation of the purchase of sexual service; if he plans to take any action in relation to the report's recommendations; and if he will make a statement on the matter. [36248/13]
View answerI propose to take Questions Nos. 506 and 535 together.
The report referred to by the Deputies was published by the Joint Oireachtas Committee on Justice, Defence and Equality on 27 June and I have not yet had the opportunity to fully consider its contents. The report of the Joint Committee and the views expressed at a conference on prostitution hosted by my Department last October will be fully considered in the framing of any necessary legislative proposals to be submitted to Government in due course.
507. Deputy Andrew Doyle asked the Minister for Justice and Equality the way an Irish citizen may avail of a certificate, or other form of document, from Irish authorities to use as evidence in another EU member state to prove they have no criminal record; and if he will make a statement on the matter. [36058/13]
View answer515. Deputy Andrew Doyle asked the Minister for Justice and Equality the way an Irish citizen may avail of a certificate or other form of document from Irish authorities to use as evidence in another EU member state to prove they have no criminal record for the purposes of employment; and if he will make a statement on the matter. [36154/13]
View answerI propose to take Questions Nos. 507 and 515 together.
The Deputy may wish to note that Garda vetting is only provided in the case of those seeking employment in Ireland with registered organisations where the employment involves substantial unsupervised access to children or vulnerable adults. Criminal history vetting for general employment purposes, here or abroad, is not available on demand.
I am informed by the Garda authorities that a Police Certificate of Character may be issued by An Garda Síochána in respect of a given individual, but only for the purposes of foreign consular and immigration requirements and for foreign business establishment. Applications should be made at a person's local Garda Station.
I am further advised that an individual may also apply to the Garda Síochána for a disclosure under Section 4 of the Data Protection Act 1988 (as amended) for a copy of the personal data which is maintained by An Garda Síochána. Such a disclosure is made to the individual to whom the data relates.
508. Deputy Ciara Conway asked the Minister for Justice and Equality when Ireland will adopt Article 19 of the UN convention into law; and if he will make a statement on the matter. [36064/13]
View answer556. Deputy Joanna Tuffy asked the Minister for Justice and Equality if and when he intends to introduce legislation which recognises the equal right of all persons with disabilities to live in the community as set out in Article 19 of the UN Convention which Ireland agreed to, in principal, in 2007; and if he will make a statement on the matter. [36398/13]
View answerI propose to take Questions Nos. 508 and 556 together.
It is the Government's intention to ratify the UN Convention on the Rights of Persons with Disabilities as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met. As the Deputy may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including amending domestic law as necessary.
The ongoing implementation of our National Disability Strategy in many respects comprehends many of the provision of the Convention. In addition, the Inter-Department Committee on the Convention monitors the remaining legislative and administrative actions required to enable ratification. The Committee has identified, as part of its work programme, issues to be considered by various Government Departments. It is a matter for those Departments to determine whether any actions are required in relation to these issues in advance of ratification and report back to the Committee.
Regarding Article 19 on living independently and being included in the community, this is a matter for all Departments. As some examples, I refer the Deputy to the Department of Environment, Community and Local Government's "National Housing Strategy for People with a Disability 2011-2016" and the Department of Health's "Time to Move on from Congregated Settings - A Strategy for Community Inclusion". In my Department, the services and facilities provided for the general population are available, in so far as possible, on an equal basis to persons with disabilities.
509. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Questions No. 126 and 135 of 13 June 2013, if he will set out the total number of recorded reports of witness intimidation in each of the past ten years to date; the degree to which such reports were followed by proceedings and convictions; the number, if any, of proceedings pending; and if he will make a statement on the matter. [36083/13]
View answerAs I indicated to the Deputy in my replies to Parliamentary Questions Nos. 126 and 135 of 13 June, the intimidation of a witness or juror is an offence pursuant to Section 41 of the Criminal Justice Act 1999, which specifies the offence as harming, threatening or menacing or in any other way intimidating or putting in fear another person who is assisting in the investigation of an offence by the Garda Síochána, with the intention of causing the investigation or course of justice to be obstructed, perverted or interfered with. Following the enactment of the Criminal Justice (Amendment) Act 2009, the offence is now punishable on indictment by a fine or a term of imprisonment of up to 15 years.
Since 1997 the Garda Síochána has operated a Witness Security Programme in response to attempts by criminal and other groups to prevent the normal functioning of the criminal justice system, including threats of violence and systematic witness intimidation. The operation of the Programme is supported by Section 40 of the Criminal Justice Act 1999 which makes it an offence for any person, without lawful authority, to try to identify the whereabouts or any new identity of a witness who has been relocated under the Programme. The offence is punishable on indictment by a fine or a term of imprisonment of up to five years.
The Garda Síochána rigorously enforces the provisions in the law relating to witness intimidation and protection. In circumstances where the Senior Investigation Officer in a case has identified a witness who is crucial to the case and the evidence to be preferred is not available elsewhere, and there is a serious threat to the life of the witness or his/her family an application can be made, with the consent of the witness, to have him/her included in the Witness Security Programme. Where a threat to or intimidation of a witness or a potential witness arises during the course of criminal proceedings, the matter may be addressed through the trial judge, who has discretion to revoke bail or place other sanctions on the accused/suspect.
The following table shows the number of proceedings commenced and convictions for offences under Section 41 of the 1999 Act for the years 2002 to 16 July 2013.
|
Year |
Proceedings |
Convictions * |
|
2013 |
6 |
1 |
|
2012 |
16 |
0 |
|
2011 |
58 |
11 |
|
2010 |
43 |
13 |
|
2009 |
31 |
13 |
|
2008 |
18 |
4 |
|
2007 |
16 |
3 |
|
2006 |
45 |
10 |
|
2005 |
22 |
3 |
|
2004 |
30 |
7 |
|
2003 |
30 |
7 |
|
2002 |
11 |
2 |
*Figures are provisional as they are recorded in respect of the year in which proceedings commenced and may change in light of the outcome of court proceedings.
510. Deputy Catherine Murphy asked the Minister for Justice and Equality further to Parliamentary Question No. 759 of 16 January 2013, if he is now in a position to break down retirements for medical reasons from An Garda Síochána in each year for the past ten years by whether the retirement was due to mental health matters, physical injury or disability; if no such information is available, the reasons for same; and if he will make a statement on the matter. [36092/13]
View answerIt is the policy of An Garda Síochána not to publish the details under which members retire due to health related matters, as doing so may compromise the privacy of any individual given the relatively small number of members who retire on these grounds.
511. Deputy Catherine Murphy asked the Minister for Justice and Equality if he will describe the alternative arrangements that are made available to members of An Garda Síochána in order for them to pursue any grievance that would ordinarily be available to other citizens under the Disability Act 2005 but which are not available to gardaí; and if he will make a statement on the matter. [36093/13]
View answerI have requested the information sought by the Deputy from the Garda Commissioner and as soon as it is to hand I will pass it on to the Deputy.
512. Deputy Catherine Murphy asked the Minister for Justice and Equality the options that are made available to members of An Garda Síochána who become injured in the course of their duties, either physically or mentally, and wish to continue with their service with the force; if his attention has been drawn to any examples of dismissal of such persons from the force where it is deemed that they may be unable to carry out regular duties; if he will describe the grievance resolution process that is in place for such members in the absence of regular labour law being available; and if he will make a statement on the matter. [36094/13]
View answerI have requested the information sought by the Deputy from the Garda Commissioner and as soon as it is to hand I will pass it on to the Deputy.
513. Deputy Catherine Murphy asked the Minister for Justice and Equality if he is preparing his Department to adapt to and make maximum use of next generation technologies in information and communications to better enhance the interaction of his Department with the citizen and the internal functioning of his Department; if he intends to conduct a risk analysis in respect of same; and if he will make a statement on the matter. [36108/13]
View answerWhile it is difficult from the question to ascertain specifically what the Deputy has in mind here, I can assure her that my Department is continually assessing means by which technology can improve its performance and how it interacts with the public.
I would also remind the Deputy that the Government has an eGovernment strategy in place for some years, which all Departments follow and through which improvements in provision of information and interaction with the public are addressed.
Any considerations of technological interaction, both internally and externally, must also of course primarily address the issue of the security of my Department’s systems and data.
514. Deputy Catherine Murphy asked the Minister for Justice and Equality if he will provide up-to-date figures detailing the total deployment of Garda by region, division, district and sub-district across the country; and if he will make a statement on the matter. [36135/13]
View answerThe 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 in the context of demographics, crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public. I have however been informed by the Garda Commissioner that the personnel strength of every Garda Station, District, Division and Region broken down by rank on 30 June 2013, the latest date for which figures are readily available, is as set out in the table.
The table is available as attachment Q514.xls at the top of the webpage.
