Written Answers Nos. 146-152
146. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if he will consider including in legislation that those in receipt of rent allowance will not be discriminated against in the private rented sector; and if he will make a statement on the matter. [39915/13]
View answerDiscrimination on the basis of an individual's personal characteristics is prohibited in respect to nine specified grounds in the access to and supply of goods and services, including housing, by the Equal Status Acts 2000 to 2012. These grounds are gender, civil status, family status, sexual orientation, religion, age, disability, race, and membership of the Traveller community. The prohibition applies to direct discrimination, whereby a person is treated less favourably than another person is, has been or would be treated in a comparable situation on any of the grounds specified. However, also prohibited is indirect discrimination, where an apparently neutral provision puts a person of a specified gender, civil status, family status, sexual orientation, religion, age, disability, race, or membership of the Traveller community at a particular disadvantage compared with other persons, unless the provision is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. It is therefore open to a person who has been refused a private tenancy on the basis of being in receipt of rent supplement and who feels that this refusal is indirectly linked to his or her gender, civil status, family status, sexual orientation, religion, age, disability, race, or membership of the Traveller community to refer a discrimination complaint to the Equality Tribunal under the Equal Status Acts. Information and advice in this regard is available from the Equality Authority.
While I have no plans to add further discriminatory grounds to this legislation at present, my Department keeps equal status and employment equality legislation under ongoing review.
147. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the arrangements he intends to make in order to make holding cells in courthouses subject to inspection by an independent inspection body, as recommended by the Inspector of Prisons; and if he will make a statement on the matter. [39939/13]
View answerAs the Deputy may 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, which include the provision of accommodation for court sittings.
However, in order to be of further assistance to the Deputy, I have had enquiries made and have been informed by the Courts Service that there are 49 courthouses around the country that have holding cells for use when persons in the custody of An Garda Síochána or the Irish Prison Service have to appear in court. The holding cells in courthouses are intended for use for short durations while the person is being brought to court and are not used for overnight accommodation. The recommendation of the Inspector of Prisons to which the Deputy refers is under consideration in my Department in consultation with the relevant agencies.
148. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality in view of the findings of the Inspector of Prisons Report dated 16 June 2012, where the inspector sets out in detail the concerns, including weak management, inattention to human rights norms and very disturbing incidents of non-compliance with best practice and breaches of the fundamental rights of prisoners, informing his recommendation that St. Patrick's be closed forthwith and the very name consigned to history, if he is satisfied with the performance of the St. Patrick's Institution Prison Visiting Committee and satisfied that the Prison Visiting Committee model generally is one in which prisoners and the public generally should repose confidence; and as a model that is fit for purpose; and if he will make a statement on the matter. [39940/13]
View answerI recently published a number of Visiting Committee Annual reports including that from St Patrick's Institution. The function of Visiting Committees is to visit the prison to which they are appointed and hear any complaints which may be made to them by any prisoners. They report to me any abuses observed or found by them in the prison and any repairs which they think may be urgently needed. The Visiting Committee members have free access either collectively or individually to every part of their prison.
Details of visits along with the arrangements generally made by Committees are for most part contained in their Annual Reports. In the case of St Patrick's Institution, the Committee reported that they met monthly and make regular unannounced visits where they meet and speak with inmates and respond to any issues that are discussed. The Committee also reported on their commitment to supporting the Action Plan put in place by the Irish Prison Service to address the concerns raised by the Inspector of Prisons.
I have previously stated my intention to strengthen the independent oversight of our prisons. As I said then, the Government has approved the drafting of a General Scheme of an Inspection of Places of Detention Bill, which will include provisions to make Visiting Committees more effective, while they continue their role of visiting prisons, meeting with prisoners, and liaising on their behalf with prison authorities.
A link will be established between the Visiting Committees and the Inspector of Prisons. As part of these plans, it is intended to expand the role of the Inspector of Prisons. I believe this will greatly enhance the Inspector's independent oversight of the prison system. Under the proposed new arrangements, it is my intention that Visiting Committees will report regularly to the Inspector of Prisons. In addition, Visiting Committees will be able to report any urgent or major matter to the Inspector at any time. They will continue their role of visiting prisons. They will also continue to meet with prisoners and liaise on their behalf with prison authorities. I believe this will make them more effective and improve the independent oversight of our prisons. Subject to competing legislative priorities, it is expected that the General Scheme will be published early next year. When work on preparation of the General Scheme has been completed, I will be seeking Government approval for its publication to facilitate a consultation process in advance of drafting and publication of the Bill.
149. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if he will report on the new complaints procedures of Irish prisons in November 2012; if he will further report on the composition on the panels of independent investigators and on the way panel members were recruited; if he will also report on the number of Category 1 complaints received by the panels of independent investigators to date and the number resolved; and if he will make a statement on the matter. [39941/13]
View answerFollowing a report by the Inspector of Prisons to the Minister for Justice and Equality in March 2012, regarding the introduction of a new complaints model in the Irish Prison Service which meets best practice and our international obligations in this regard, a new complaints model is being introduced in the Irish Prison Service on a phased basis.
The model which is being introduced contains four separate categories of complaints and three separate complaints procedures. Category A Complaints are most serious level of complaints (assault, serious intimidation of prisoners by staff etc) and involves two elements of independent investigation/appeal – initial investigation by external investigator/s on behalf of the Irish Prison Service with a right of appeal to the Inspector of Prisons. The Category A Complaints procedure was introduced on 1 November 2012
Category B Complaints are mid range in terms of seriousness (discrimination, verbal abuse of prisoners by staff, inappropriate searches etc) and fall to be investigated by a Chief Officer with recourse to appeal to the prison Governor and a subsequent recourse of appeal to the Inspector of Prisons if a prisoner is unhappy with the outcome of his/her original appeal (the latter is subject to the introduction of primary legislation).
Category C Complaints are essentially service complaints where a prisoner is unhappy with the level of service in a particular prison (visits, phone calls, etc.) and fall to be investigated by a Prison Officer with the possibility of appeal to a Chief Officer if the prisoner is unhappy with the outcome or resolution of his/her complaint.
Category D Complaints relate to complaints against professionals such as dentists, doctors etc. Such complaints will be referred in the first instance to the prisons’ medical officer for possible resolution and, if this is not possible, to the relevant professional body responsible for regulating the professional involved.
The full complaints model will be introduced during the lifetime of the Irish Prison Service Three Year Strategic Plan (April 2012-April 2015). The Inspector of Prisons will have oversight of all categories of complaints. A publicly advertised recruitment campaign was carried out by the Irish Prison Service in September 2012 which sought applications from suitably qualified persons with a legal or investigative background. A panel of 22 Independent Investigators was established following a selection and interview process. The panel was established in October 2012 and will remain in place for 3 years.
The table below illustrates the number of Category A complaints received/investigated and under appeal since 1st November 2012:
|
Category |
Number |
|
Number of Category A Complaints Received |
54 |
|
Number of Category A Complaints Completed* |
36 |
|
Number of Category A Complaints Currently under Investigation |
18 |
|
Number of Category A Complaints that have been appealed (included in those under investigation) |
2 |
* Investigations are deemed complete when the Governor issues their findings on receipt of the investigation report.
150. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide in tabular form for the years 2011, 2012 and to date in 2013, the number of applications for firearms licences made; and the number of these applications which were granted and refused. [39956/13]
View answerAs it has not been possible to compile the information requested by the Deputy in the time available, I have asked the Garda Commissioner for a report on the matter and will write to the Deputy when it becomes available.
151. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the number of appointments he has made to prison visiting committees; the number of those appointees who lived within 50 km of the relevant prison or detention centre; the number of appointees who are not political party members or activists; the aggregate sum expended in 2012 in expenses and other costs to members of the Prison Visiting Committees; the aggregate number the costs were awarded to; and if he will make a statement on the matter. [39972/13]
View answerVisiting Committee members are appointed for a period of three years by the Minister for Justice and Equality under the Prisons (Visiting Committees) Act 1925 and Prisons (Visiting Committees) Order 1925. There are fourteen Visiting Committees in existence – one for each institution.
Each Visiting Committee now comprises no more than six members, and only suitable people with a genuine interest in prison issues are appointed. There are currently 23 vacancies which I am in the process of filling.
I have made 61 appointments to Prison Visiting Committees since March, 2011. It is not possible to provide details in relation to the number of those appointees living within 50km of the relevant institution but I can confirm that the majority live in the vicinity of the institution to which they are assigned. Information is not retained either on whether individuals are or are not political party members or activists.
A per diem payment at a current rate of €142.50 per visit or meeting, which is subject to tax, is paid to Visiting Committee members. Members are also entitled to claim vouched travel expenses of €30 per visit. While numbers fluctuate at any given time, there were 74 Visiting Committee members at the end of 2012 while total expenditure paid out had amounted to €143,457.80.
152. Deputy Seán Kyne asked the Minister for Justice and Equality if, in the context of the legislative efforts to modernise Irish family law, a provision may be included, especially when children are in care, to have grandparents made a party to the proceedings from the outset, and to allow for a quasi-parental role being ascribed to, and acknowledged of, grandparents in circumstances where either parent is not deemed able, for whatever reason, to function in a parental role. [40020/13]
View answerI am currently preparing a Family Relationships and Children Bill which will address the situation of grandparents who are acting in a quasi parental role on behalf of their grandchildren.
