Thursday, 18 Jul 2013

Written Answers Nos. 542-554

Prison Committals

Questions (542)

Luke 'Ming' Flanagan

Question:

542. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality the reason people convicted of minor offences are often brought to prison and released from prison on the same day, often by the same Garda who delivered them in the first instance; his views on whether this makes a mockery of the justice system and that it is a waste of Garda time and resources; if his attention has been drawn to the fact that on occasion people convicted of penalty points serve as little as two hours of a prison sentence; the reason this occurs; if it is down to a lack of prison places; and if he will make a statement on the matter. [36255/13]

Written answers

Minister for Justice and Equality

The person referred to by the Deputy was committed to prison for non-payment of a Court ordered fine. I am advised that on the date in question there were 358 prisoners in Castlerea, 58 above the capacity recommended by the Inspector of Prisons. In addition, the person in question had no previous convictions and had received a sentence of 7 days imprisonment.

The granting of temporary release is provided for in Section 1 of the Criminal Justice (Temporary Release of Prisoners) Act, 2003. As provided for in this Act, I may consider those committed for non-payment of fines for temporary release where it is my opinion that it is necessary and expedient in order to ensure the good government of the prison concerned and to maintain good order in, and humane and just management of the prison concerned.

In making decisions in relation to temporary release, decision makers in the Irish Prison Service must have regard to;

(a) Nature and gravity of the offence to which the sentence relates,

(b) The sentence concerned and any recommendations of the court which imposed it,

(c) The period of sentence already served by the person,

(d) The potential threat to the safety and security of members of the public (including the victim of the offence to which the sentence relates),

(e) Previous offences of the prisoner concerned,

(f) The risk of the prisoner failing to return to the prison upon expiration of any period of temporary release,

(g) The prisoner’s conduct while in custody, or during a previous period of temporary release,

(h) Any report or recommendation from the Governor of the prison concerned, the Garda Síochána, a probation officer, or any other person whom the Minister considers would be of assistance in enabling him to make a decision,

(i) The risk of the prisoner committing an offence during any period of temporary release,

(j) The risk of the person failing to comply with any conditions attaching to his temporary release, and

(k) The likelihood that any period of temporary release might accelerate the prisoner’s reintegration into society or improve his prospect of obtaining employment.

I am pleased to inform the Deputy that the Fines (Payment and Recovery) Bill 2013 will be published on Friday, 19 July. I expect that the Bill, which provides for the introduction of attachment of earnings for the non-payment of fines, will result in a substantial reduction in the number of people committed to prison for the non-payment of fines.

Garda Divisional Headquarters

Questions (543)

Eamonn Maloney

Question:

543. Deputy Eamonn Maloney asked the Minister for Justice and Equality the status of plans for the provision of a new Garda Divisional Headquarters in Tallaght, Dublin; the cost of accommodation for the Gardaí in the Plaza Complex, Tallaght; the cost of depot/compound storage for impounded, crashed and stolen vehicles in the Tallaght area; and if he will make a statement on the matter. [36257/13]

Written answers

Minister for Justice and Equality

The programme of replacement and refurbishment of Garda accommodation is based on priorities which are established by An Garda Síochána. The programme is progressed in close cooperation with the Office of Public Works, which has responsibility for capital expenditure in this area.

As the Deputy is aware, plans for the provision of a new Divisional Headquarters in Tallaght are being developed. This process is currently being progressed and the project will be pursued in the context of An Garda Síochána's identified accommodation priorities and in the light of available resources within the Vote for the Office of Public Works.

I understand that accommodation has been provided for An Garda Síochána at the Plaza Centre, Tallaght. In addition, I have been informed that this accommodation was already leased by the Office of Public Works and that the annual rental involved, which amounts to €190,000, is being met by that Office. A contract for the towing, storage and disposal of vehicles is in operation for the Garda Dublin South Division, which includes the Tallaght District. In 2012, Garda expenditure under the contract amounted to approximately €286,000 and revenue generated from the sale of vehicles seized within the Division amounted to approximately €168,500 . Separate figures are not available in respect of the Tallaght District.

Drugs in Prisons

Questions (544)

Maureen O'Sullivan

Question:

544. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the institutions that operate drug free units; the number of spaces in each drug free unit; the number of prisoners in each drug free unit; the number of vacancies in each drug free unit; and if he will make a statement on the matter. [36292/13]

Written answers

Minister for Justice and Equality

I wish to inform the Deputy that there are currently Drug Free Units operational in 7 closed prisons: Mountjoy (Male), St. Patrick's Institution, Dochas Centre, Wheatfield, Cloverhill, Limerick, and Cork Prison. There is an aggregate total of 417 spaces in these Units, which currently house 380 prisoners with 39 vacancies. The breakdown of these aggregate figures is set out in the table below:

Prison	Spaces Available	Number of Prisoners in Drug Free Unit	Vacancies
Mountjoy Male	54	54	0
St. Patrick's Institution	19	15	4
Dochas Centre	58	49	9
Wheatfield	175	159	16
Cloverhill	52	52	0
Limerick	45	47	0
Cork	14	4	10
Total	417	380	39

The Deputy may be aware that, as part of the Irish Prison Service Strategic Plan 2012 - 2015, Drug Free Units are to be established in all closed prisons with the exception of Arbour Hill Prison. The Irish Prison Service anticipates that the establishment of these units will be completed by end 2013.

Prisoner Data

Questions (545)

Maureen O'Sullivan

Question:

545. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the number of prisoners currently on protection in each institution; the number on protection in each institution on this day last month; the number on protection in each institution on this day the month before last and so on for a period of six months; and if he will make a statement on the matter. [36293/13]

Written answers

Minister for Justice and Equality

I can inform the Deputy that the table below outlines the number of prisoners on protection in each prison/institution on the last day of each of the past six months:

Total number of Protection Prisoners on the last day of each month

-	June 2013	May 2013	April 2013	March 2013	February 2013	January 2013
Mountjoy Male	110	116	114	115	112	109
Mountjoy Female	0	0	0	0	0	0
St. Patrick’s Institution	18	44	43	37	47	46
Cork	30	30	53	55	54	50
Limerick Male	49	45	66	43	55	60
Limerick Female	0	0	0	0	0	0
Castlerea	51	59	56	56	53	61
Cloverhill	112	115	120	107	123	132
Wheatfield	74	87	80	83	90	91
Portlaoise	6	5	6	3	4	5
Arbour Hill	0	0	0	0	0	0
Midlands	158	147	136	130	301	286
Training Unit	0	0	0	0	0	0
Loughan House	0	0	0	0	0	0
Shelton Abbey	0	0	0	0	0	0
Total	608	648	674	629	839	840

As you are aware protection prisoners are those who are considered to be under threat or at risk in the general population. This does not necessarily mean that such a prisoner is subject to a restrictive regime. This may arise as a result of a request from the prisoner or after consideration by prison management. As you can see from the table there were 608 prisoners on protection throughout the prison system on 30 June 2013 whereas at the end of January of this year there were 840 such prisoners. Many prisoners on protection can associate with other protection prisoners and have normal out of cell time during the day.

The number of prisoners on protection is regarded by the Irish Prison Service as an indicator of the steps taken in individual prisons, to ensure in so far as possible the safety of the offenders. The fact that prisoners seeking protection are immediately separated from the general prison population or from specific prisoners identified as presenting a threat, clearly demonstrates prison management’s commitment to ensuring their safety and security.

Organised Crime

Questions (546)

Bernard Durkan

Question:

546. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent, if any, to which his Department has studied the need for the introduction of modern purpose designed legislation to tackle corporate fraud and-or the activity of organised criminal gangs; if he has studied any particular issues in recent times which might identify weaknesses in the existing law in this regard; if he has given consideration to amending existing law with a view to ensuring the minimisation of locations to which fugitives might have resort to when avoiding prosecution in this jurisdiction; and if he will make a statement on the matter. [36295/13]

Written answers

Minister for Justice and Equality

There is extensive legislation on the statute book addressing fraud and organised crime. The efficacy and appropriateness of criminal legislation is kept under ongoing review. Amendments are considered in light of the experience of the Garda Síochána and the Office of the Director of Public Prosecutions in operating the legislation and in light of relevant rulings of the Irish courts and the Court of Justice of the European Union and the European Court of Human Rights. White collar crime and organised crime were considered during the public consultation on the forthcoming White Paper on crime and will be addressed in the White Paper. Ireland is party to a wide range of international instruments at United Nations, Council of Europe, European Union and bilateral level which provide for mutual legal assistance and extradition and persons are regularly extradited to Ireland to stand trial for crimes they are alleged to have committed here. In similar vein to the criminal legislation mentioned above, these arrangements are kept under review in light of operational experience and relevant jurisprudence.

Prisoner Rehabilitation Programmes

Questions (547)

Bernard Durkan

Question:

547. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which first-time offenders for all levels of crime have an early opportunity to avail of education, training or other rehabilitative programmes while in prison, with particular reference to facilitating the isolation of such prisoners from recidivists with a view to future rehabilitation; and if he will make a statement on the matter. [36296/13]

Written answers

Minister for Justice and Equality

The Irish Prison Service provides a wide range of rehabilitative programmes that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes are available in all prisons and all prisoners are eligible to use the services. On committal, all prisoners are interviewed by the Governor and are informed of the services available in the prison. At this point prisoners may be referred to services or they can self refer at a later date. Where Governors consider, on the information available, that a prisoner needs a particular intervention they will initiate a referral.

Given the number of prisoners in custody it is not possible to segregate those who are in prison for the first time from those who have been in custody on more than one occasion. It must be borne in mind that someone’s first period of imprisonment does not necessarily indicate a first offence. Efforts are made, where possible to segregate remand prisoners from sentenced prisoners. In addition, prisoners who are vulnerable or have requested the protection of the Governor are segregated from the general prison population. Every effort is made to ensure that those prisoners who cannot associate freely with the general prison population have the greatest possible access to services.

The development of prisoner programmes forms a central part of the Irish Prison Service Three Year Strategic Plan 2012 - 2015. There is a clear commitment in the Strategy to enhance sentence planning including Integrated Sentence Management and the delivery of prison based rehabilitative programmes such as education, work training and resettlement programmes.

Traveller Community Issues

Questions (548)

Joan Collins

Question:

548. Deputy Joan Collins asked the Minister for Justice and Equality the measures he will take to ensure Travellers and Roma are directly involved in the development of Ireland's national Traveller-Roma integration strategy. [36297/13]

Written answers

Minister for Justice and Equality

My Department is currently collating reports on progress achieved in relation to Traveller actions which are in the National Traveller/Roma Integration Strategy with a view to updating the strategy. It should be noted that Traveller representatives are active participants on National Committees dealing with policy and, in this way, are involved in the development of policy.

In relation to Roma specifically, my Department has been conducting an exercise, since April, to gather available information from Government Departments and other public bodies who interact directly with Roma in Ireland on projects that are in progress, focusing on the four key integration areas: access to education, employment, housing and healthcare, with a view to identifying Roma specific issues and updating the National Traveller/Roma Integration Strategy. Officials of my Department would be happy to engage with Traveller organisations in this context in the Autumn when this initial research is complete.

International Students

Questions (549)

Catherine Murphy

Question:

549. Deputy Catherine Murphy asked the Minister for Justice and Equality if he still plans to allow international postgraduate students to remain in Ireland and work for up to a year after the end of their studies; and if he will make a statement on the matter. [36304/13]

Written answers

Minister for Justice and Equality

I wish to inform the Deputy that the Irish Third Level Graduate Scheme has been in operation since 2007 with some amendment in 2011. This scheme allows legally resident non-EEA third level graduates to remain in Ireland after the completion of their studies for the purpose of seeking employment and applying for a green card permit or employment permit.

Under the current student immigration rules a non EEA student who has successfully completed an award granted by a recognised Irish awarding body, at Level 8 or above of the National Framework of Qualifications (NFQ), may be eligible for a one year permission under the Irish Third Level Graduate Scheme. This one year permission is currently in operation and has been available to non-EEA students who have successfully completed a course of the type set out above since the introduction of the current non-EEA student immigration rules.

In addition the Deputy may also wish to note that a six month permission under the Irish Third Level Graduate Scheme is available to non-EEA students who have successfully completed an award granted by a recognised Irish awarding body at Level 7 of the NFQ. During the period of permission under the Irish Third Level Graduate Scheme a student can work full time (up to 40hrs per week). I have no immediate plans to change these arrangements. Ireland needs to compete to attract high quality international students and this concession is supportive of that effort.

DNA Database

Questions (550)

Catherine Murphy

Question:

550. Deputy Catherine Murphy asked the Minister for Justice and Equality if he will provide an update on the progress made towards rolling out a national DNA database for the Gardaí; and if he will make a statement on the matter. [36313/13]

Written answers

Minister for Justice and Equality

I intend to seek Government approval of the text of the Criminal Justice (Forensic Evidence and DNA Database System) Bill next week with a view to its publication shortly thereafter. The Bill will provide for the establishment of a DNA database to assist the Garda Síochána in the investigation of crime and finding and identifying missing and unknown persons.

Pending enactment, the Forensic Science Laboratory of my Department which will have responsibility for establishing and managing the database has already undertaken a substantial amount of preparatory work to ensure that there is no undue delay in the database becoming operational.

Civil Partnership Legislation

Questions (551)

Catherine Murphy

Question:

551. Deputy Catherine Murphy asked the Minister for Justice and Equality his plans to propose changes to the Civil Partnerships and Certain Rights and Obligations of Cohabiting Couples Act 2010 to enable joint adoption by same sex couples; and if he will make a statement on the matter. [36315/13]

Written answers

Minister for Justice and Equality

I refer the Deputy to my response to question number 166 of 9 February 2012, in which I referred to a previous reply as follows: "Responsibility for adoption legislation and policy lies with the Minister for Children and Youth Affairs who recently indicated in responding to a similar question (number 235 of 19 January 2012) that 'Under the provisions of the Adoption Act 2010, the only persons who can jointly adopt are married couples. There are currently no proposals to change the legislation in this regard'.”

The position is unchanged.

Probation and Welfare Service

Questions (552)

Catherine Murphy

Question:

552. Deputy Catherine Murphy asked the Minister for Justice and Equality if he will provide data on the number of probation officers stationed in each county at present and on this date in 2012; and if he will make a statement on the matter. [36351/13]

Written answers

Minister for Justice and Equality

The Probation Service is structured into 7 operational regions incorporating 5 geographical and 2 national regions. Each region has teams covering geographical areas, within County boundaries in most instances. These operational regions and the staffing deployments are outlined in the two tables beneath.

Operational Region	Counties
Dublin North/North East	Dublin North, Meath and Louth
Dublin South/Wicklow	Dublin South, Wicklow
Midlands and South East	Offaly, Kildare, Laois, Tipperary, Kilkenny, Carlow, Wexford and Waterford
South West	Kerry, Cork, Limerick and Clare
West, North West and Westmeath	Mayo, Sligo, Donegal, Monaghan, Cavan, Westmeath, Longford, Leitrim, Roscommon and Galway
Young Persons Probation	Nationally
Prisoners Risk and Resettlement	Nationally

Operational Region	2013 Staffing *whole time equivalent	2012 Staffing *whole time equivalent
Dublin North/ North East	36.8*	34.8*
Dublin South/Wicklow	45.1*	42.9*
Midlands and South East	29.5*	29.3*
South West	24.4*	24.4*
West, North West and Westmeath	24.2*	24.2*
Young Persons Probation (national)	24.3*	28.3*
Prisoners Risk and Resettlement (national)	32.8*	31*

Departmental Agencies Pension Provisions

Questions (553)

Michael McGrath

Question:

553. Deputy Michael McGrath asked the Minister for Justice and Equality in respect of each State agency and commercial State company under the aegis of his Department, if he will provide details of the name of each pension scheme; details of the salary percentage contributions made by the employer and the employees; the latest information on the funding position of the scheme; if any changes are planned; and if he will make a statement on the matter. [36376/13]

Written answers

Minister for Justice and Equality

I wish to inform the Deputy that it has not been possible to provide the information requested in the time available. I will write to the Deputy directly when this information is to hand.

Ministerial Expenditure

Questions (554)

Michael McGrath

Question:

554. Deputy Michael McGrath asked the Minister for Justice and Equality the number of miles claimed for and the amount of travel expenses paid to him and each Minister of State in his Department in respect of their functions as a Minister in his Department; and if he will make a statement on the matter. [36391/13]

Written answers

Minister for Justice and Equality

There are no mileage or travel expenses claimed by the Minister as he is provided with Garda transport and drivers for security reasons in his capacity as Minister for Justice and Equality. There are no mileage or travel expenses currently paid in respect of Ministers of State from this Department's Vote.