Written Answers Nos. 153-159
153. Deputy Seán Kyne asked the Minister for Justice and Equality if support to address the cost of legal fees is available or will be made available in cases where grandparents seek to become party to proceedings regarding children and State care. [40021/13]
View answerI wish to inform the Deputy that I have no function or responsibility in relation to the matter raised. Under the terms of the Civil Legal Aid Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and decisions on individual cases are a matter for the Board.
However, to be of assistance I have contacted the Legal Aid Board for the information requested by the Deputy.
I am informed by the Legal Aid Board that any person who has an interest in or is a party to public law proceedings involving the welfare of children can seek legal services from the Legal Aid Board and should be able to access those services, subject to them meeting the financial eligibility criteria. I understand there is no specific provision that specifically enables a grandparent to become a party to Health Service Executive instituted child care proceedings. However, Section 37 of the Child Care Act 1991 does provide, inter alia:
"(1) Where a child is in the care of the Health Service Executive whether by virtue of an order under Part III or IV or otherwise, the Executive shall, subject to the provisions of this Act, facilitate reasonable access to the child by his parents, any person acting in loco parentis, or any other person who, in the opinion of the Executive, has a bona fide interest in the child and such access may include allowing the child to reside temporarily with any such person.
(2) Any person who is dissatisfied with arrangements made by the Health Service Executive.......may apply to the court....."
Furthermore Section 47 of the same Act provides as follows:
"Where a child is in the care of the Health Service Executive, the District Court may, of its own motion or on the application of any person, give such directions and make such order on any question affecting the welfare of the child as it thinks proper and may vary or discharge any such direction or order."
In that context, it is open to the grandparents of a child, who is subject to child care proceedings, to make an application on foot of one of these sections. The applicants should be eligible for legal advice and possibly legal aid (representation) if they meet the financial eligibility criteria.
154. Deputy Seán Kyne asked the Minister for Justice and Equality if he will report on the changes to the private practitioners scheme in respect of legal aid in the District Court. [40022/13]
View answerI wish to inform the Deputy that I have no function or responsibility in relation to the matter raised. Under the terms of the Civil Legal Aid Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and decisions on individual cases are a matter for the Board.
However, to be of assistance I have contacted the Legal Aid Board for the information requested by the Deputy.
I am informed that the Board has not made any changes to its scheme of referrals to private solicitors for certain family law matters in the District Court. However, for budgetary reasons, it is required to manage the number of referrals and on occasions instructions are given to its local offices (law centres) to limit the number of referrals that may be made. In the first eight months of this year 4,026 such cases were referred to private solicitors compared with 3,107 referrals in the same period in 2012.
I am conscious that the Board may not be able to sustain this level of increase and I am also aware that they are giving careful consideration to the criteria for referrals with a view to ensuring that they get maximum value from the scheme.
155. Deputy Olivia Mitchell asked the Minister for Justice and Equality his plans to introduce an e-vetting system; the speed with which it will cut the waiting times for persons on a community employment scheme awaiting Garda clearance; and if he will make a statement on the matter. [40072/13]
View answerI am informed by the Garda authorities that an E-Vetting solution for the Garda Central Vetting Unit (GCVU) is being developed and this will facilitate the processing of applications in an e-format, thus significantly streamlining the current time-consuming process of managing all applications in a manual format. It is not possible at this stage to estimate the precise impact on processing times for specific categories of applications but the project is being pursued as a priority and the initial phase of testing is due to take place in the fourth quarter of 2013.
The Deputy will also appreciate that it is, of course, very important that the GCVU has the resources required to perform its roles effectively and I have given this matter particular attention. In that regard I have been actively engaged with my colleague the Minister for Public Expenditure and Reform. Currently, there are approximately 140 whole-time equivalent staff assigned to the GCVU. Furthermore, I have also recently received sanction for the redeployment of 40 additional staff to the Unit. This will bring the total number of staff in that service to a level which, when compared to the average staff allocation of 78 at the Unit during the past two and a half years, represents an increase of over 100%.
156. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which resources continue to be made available for the pursuit of evidence in the various cold cases which have been noted over the past 30 years; if evidence continues to be assembled in respect of such cases; and if he will make a statement on the matter. [40073/13]
View answerI am informed by the Garda authorities that local Garda District Officers take direct responsibility for the investigation of all crime within their respective Districts. Local investigation teams are appointed by the District Officer and all means necessary, including the services of specialist units, are deployed to assist in these investigations. The services of Europol and Interpol are also availed of, as required. The Garda authorities are satisfied that adequate resources are in place to deal with these investigations.
I am further informed by the Garda authorities that the Garda Serious Crime Review Team was established in 2007, under the direction of the Detective Chief Superintendent, National Bureau of Criminal Investigations. The purpose of the Unit is primarily to assist Senior Investigating Officers throughout the country in the investigation of serious crime and to review serious cases that remain unsolved by continuing to pursue evidence and identify witnesses to assist in the development of these cases.
While the deployment of Garda resources is a matter for the Garda Commissioner, I am advised that the level of Garda personnel assigned to the Serious Crime Review Team, together with overall policing arrangements, is continually monitored and reviewed, to ensure that optimum use is made of Garda resources and the best possible service is provided to the public.
157. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which organised criminal gang activity is monitored on a geographic basis throughout the country with particular reference to the relocation of centres of operation used by such gangs; if specific measures are required to deal with such activity; and if he will make a statement on the matter. [40074/13]
View answerThe Deputy will appreciate that organised crime, by its very nature, is constantly evolving and diversifying in both its structures and activities and that membership of organised crime groups tends to be fluid in nature.
Given the fluidity of membership, it can, therefore, be challenging to identify definitive numbers of groupings and members. Furthermore many modern organised criminal groupings are transnational in nature and poly criminal in their activities.
However, I can assure the Deputy that the operation of such organised crime groups in the State is closely monitored on an ongoing basis by An Garda Síochána and that tackling these groups remains a key ongoing priority for both the Government and An Garda Síochána. This priority is clearly reflected in the Garda Policing Plan for 2013.
In confronting such crime, An Garda Síochána continues to develop and implement new operations and strategies aimed at targeting, dismantling and disrupting criminal networks. In this regard An Garda Síochána avail of advanced analytical and intelligence methodologies and apply multi-disciplinary approaches.
This approach involves targeting serious criminals and organised criminal groups on a number of fronts and across all geographical locations, including through the use of focused intelligence led operations by specialist units such as the Organised Crime Unit, the Garda Bureau of Fraud Investigation and the National Bureau of Criminal Investigation and the work of the Criminal Assets Bureau.
Furthermore targeted operations such as the current Operation Fiacla which is focused on identifying and targeting mobile gangs involved in burglaries are also implemented in each Garda Region as required as part of the overall enforcement strategy.
In addition, at the international level An Garda Síochána also continues to work closely with neighbouring police forces to tackle cross border criminality and transnational criminal groupings. This includes ongoing cooperation and interaction with Europol and Interpol agencies.
Finally, An Garda Síochána also continues to work closely with all communities to enhance community safety through a wide range of local fora including the Joint Policing Committees and through community based initiatives such as Community Alert and Neighbourhood Watch.
158. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total number of first-time offenders currently serving prison sentences in respect of drug-associated crime or criminal gang activity who have been offered rehabilitative, educational and-or psychological treatment in their first or subsequent years of sentence; the number of such first-time offenders who have not received or have been refused such rehabilitation; the number who have received more than one such offer; and if he will make a statement on the matter. [40075/13]
View answerThe Deputy will be aware from my replies to previous Parliamentary Questions that the statistics requested are not centrally recorded by the Irish Prison Service and to provide such information would require the allocation of a disproportionate and inordinate amount of staff time and resources.
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.
The development of prisoner programmes forms a central part of the new 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.
159. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total number of prisoners currently occupying the various prisons throughout the country; the extent to which overcrowding has occurred; the number of instances in respect of which two, three, four, five or more prisoners occupy a cell; and if he will make a statement on the matter. [40076/13]
View answerI wish to advise the Deputy that the number of prisoners in custody in each prison, and the current bed capacity in each, on 20 September 2013 is as follows:
|
Institution |
Number in Custody |
Bed Capacity |
% of Bed Capacity |
|
Arbour Hill |
141 |
142 |
99% |
|
Castlerea |
358 |
340 |
105% |
|
Cloverhill |
415 |
431 |
96% |
|
Cork |
224 |
210 |
107% |
|
Dóchas |
117 |
105 |
111% |
|
Limerick (m) |
223 |
220 |
101% |
|
Limerick (f) |
31 |
28 |
111% |
|
Loughan |
135 |
140 |
96% |
|
Midlands |
835 |
870 |
96% |
|
Mountjoy (Male) |
517 |
540 |
96% |
|
Portlaoise |
259 |
291 |
89% |
|
Shelton |
113 |
115 |
98% |
|
St Patrick's Institution |
88 |
191 |
46% |
|
Training Unit |
104 |
110 |
95% |
|
Wheatfield |
530 |
680 |
78% |
|
Totals |
4090 |
4413 |
93% |
There has been an appreciable decrease in overall prisoner numbers in recent months and at present the prison system is operating at slightly below capacity in overall terms, although a small number of prisons remain above capacity. On a recent occasion the total number briefly went below 4000 for the first time in four years.
As outlined in the Irish Prison Service Three Year Strategic Plan, it is intended to align the capacity of our prisons with the guidelines laid down by the Inspector of Prisons by 2014, in so far as this is compatible with public safety and the integrity of the criminal justice system. Priority has been given to reducing the chronic overcrowding in Mountjoy, Cork, Limerick Prisons and the Dóchas Centre. There has been a significant improvement in the situation in relation to Mountjoy and good progress has also been made in relation to the other prisons.
In relation to the extent of multiple occupancy of prison cells, I can advise the Deputy that the information requested is not readily available. I will forward the reply to the Deputy as soon as the information is to hand.
