Mick Wallace
Question:47. Deputy Mick Wallace asked the Minister for Justice and Equality when he intends to complete the in-cell sanitation in Portlaoise Prison; and if he will make a statement on the matter. [39812/13]
View answerPrison Accommodation Standard
Questions (47)
Written answers
The Government is committed to the elimination of slopping out in all prisons and places of detention. This will be delivered through the Irish Prison Service 40 month Capital Plan, published in April 2012 as part of the Prison Service Three Year Strategic plan 2012 - 2015.
Consideration is currently being given by the Irish Prison Service to refurbishment works at Portlaoise Prison including the installation of in cell sanitation. A final decision on these works has not yet been taken. Accordingly, it is not possible at this stage to provide an accurate completion date for the project.
Referendum on Marriage Equality
Questions (48)
Dessie Ellis
Question:48. Deputy Dessie Ellis asked the Minister for Justice and Equality when he expects a referendum to be put to the people on the issue of marriage equality. [39751/13]
View answerWritten answers
I refer the Deputy to my response to Parliamentary Questions Nos. 421, 422 and 430 on 9 July 2013 and No 857 on 16 July 2013 in which I indicated as follows:
"I am aware that the Convention on the Constitution published its third report, on its recommendation in relation to amending the Constitution to provide for same-sex marriage, on 2 July 2013. Following receipt of the Convention's reports by the Oireachtas, the Government has four months in which to respond to any recommendations in them, including saying whether it intends to hold a referendum on the matter, and, if so, giving a timeframe for the referendum. The referendum and its timing will be considered as part of the overall consideration by the Government of the third report."
The position is unchanged.
Crime Prevention
Questions (49)
Charlie McConalogue
Question:49. Deputy Charlie McConalogue asked the Minister for Justice and Equality the steps he has taken to address criminality in the Border region; and if he will make a statement on the matter. [39601/13]
View answerWritten answers
I can assure the Deputy that there is close and ongoing co-operation between the Garda Síochána and the PSNI in tackling criminal activity in the border region which is reflected in the Cross-Border Policing Strategy already in place between both forces in addressing crime and terrorist activities in all its manifestations.
Inter agency co-operation is a key factor in combating the activities of organised criminal gangs operating on this island. A number of task forces are already in existence which serve to target cross border organised criminal activity including the Cross-Border Task Force on Fuel Laundering and Smuggling and the Cross Border Tobacco Enforcement Group.
Through the work of these task forces, successful actions continue to be taken against those involved in such forms of crime with criminal groups, operating in both jurisdictions, having been identified and disrupted, with them being specifically targeted for investigation by all the enforcement agencies concerned.
Further to this a Cross Border Threat Assessment is updated for law enforcement purposes and is published biennially in conjunction with the Cross Border Seminar on Organised Crime. The Assessment is important in aiding law enforcement agencies on both sides of the border to identify emerging trends in cross border criminality, and serves to highlight issues of immediate concern.
Specifically with regard to tackling any terrorist threat, the counter-terrorism strategies and intelligence-led operations of An Garda Síochána, in cooperation with its partners in Northern Ireland, are focused on targeting and disrupting any operational planning or logistical support being conducted or contemplated in this jurisdiction.
In tandem with this ongoing co-operation taking place at operational level, I meet and maintain regular contact with the Northern Ireland Minister of Justice, David Ford, to address matters of mutual concern and enhance effective co-operation and co-ordination on all criminal justice matters.
Under the Intergovernmental Agreement on Co-operation on Criminal Justice Matters we operate a structured framework to further develop this co-operation. In this regard the two Justice Departments, the police authorities and the public prosecutors North and South have also jointly developed and put in place a Joint Manual of Guidance for use in criminal investigations with a cross-border element.
All of the above are important elements in enabling the two police forces to work more effectively together in tackling criminality in the border area and in promoting community safety for all communities on this island.
Courts Service Issues
Questions (50, 163)
Bernard Durkan
Question:50. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of cases currently listed and awaiting before the Supreme Court, High Court and Court of Criminal Appeal; the extent to which any backlogs are likely to be resolved in the short and medium terms; the extent to which it is expected to address these issues in the context of legislative proposals, anticipated or proposed; and if he will make a statement on the matter. [39815/13]
View answerBernard Durkan
Question:163. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent of any backlogs throughout the court system; the degree to which specific remedial action is anticipated; and if he will make a statement on the matter. [40080/13]
View answerWritten answers
I propose to take Questions Nos. 50 and 163 together.
As the Deputy will be aware, the Courts Service is responsible for the management and administration of the Courts. The scheduling of court cases and the allocation of court business is a matter for the Presidents of the courts and the presiding judge who are under the Constitution independent in the exercise of their judicial functions. The Presidents monitor waiting times across all courts lists and seek to ensure the optimum use of court time.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the primary objective for the Service is to maintain the delivery of front line court sittings and services. The Service continuously works to support the judiciary and assist in ensuring that cases are dealt with as effectively and as speedily as possible. Available resources and operational and organisational structures are under ongoing review to ensure that resources are targeted and focussed on keeping waiting times in the provision of services to a minimum.
I am informed that waiting times in the Circuit and District Courts vary from venue to venue based on the number and complexity of cases. The Presidents of the various courts are determined to achieve improvements in waiting times and they are working with the Service to target judicial resources at the areas with longest waiting times. In relation to the Circuit Court, it should be noted, for example, that in 2011 there were 674 weeks of sittings in venues outside Dublin. This increased to 767 weeks in 2012 and the President of the Circuit Court plans to increase capacity to 888 weeks during 2013, a 30% increase over 2011. The additional weeks will be provided across crime, family law and civil matters. In addition, six specialist judges of the Circuit Court were appointed in July to deal with the new work arising as a result of the Personal Insolvency Act 2012. The President of the District Court is also concentrating judicial resources in the areas of greatest need.
In relation to the High Court, the Courts Service has indicated that there are 4,422 cases listed and awaiting trial in the various lists. High Court waiting times are generally in the range of 2 to 5 months except in relation to Asylum cases where the delay is currently 2 years. The President of the High Court keeps waiting times under continuous review and has introduced a number of initiatives including the reorganisation of sittings of the High Court outside Dublin and arranging for additional court sittings during court recesses. In addition the delegation to court officials of administrative functions previously dealt with by High Court judges has also increased judicial availability for trial work. These initiatives continue to be reviewed and expanded. As indicated above, with the exception of the Asylum List, waiting times in the High Court have been maintained at low levels. I am informed that delays in the Asylum list are due to several factors including the high volume of cases. Delays in lists also occur where parties who have certified the case as ready to proceed and/or applied for a hearing date inform the court that they are not ready to proceed on the allocated date and apply for adjournment.
The Service has indicated that the waiting time in the Central Criminal Court is in the region of 12 months. I am also advised that waiting times in the Court of Criminal Appeal vary depending on the category of the case and there are 154 cases awaiting a hearing at present. I understand that the Chief Justice, in consultation with the President of the High Court, has convened 9 additional sittings during September and the first week of October to deal with sentence appeals/undue leniency applications. A total of 55 such cases have been allocated hearing dates comprising 36 sentence appeals and 19 undue leniency applications.
The Supreme Court, however, continues to experience lengthy waiting times which are now almost four and a half years. Waiting times for priority cases are in the region of 10 months at present. I am informed that there are 666 appeals which the parties have certified as ready to proceed in the Supreme Court List and awaiting hearing. Although considerable efforts are being made to manage the waiting times, the issue of capacity in the Supreme Court can only be fully resolved through the establishment of a Court of Appeal. The referendum on the proposed Thirty-third Amendment of the Constitution (Court of Appeal) Bill will be held on October 4th 2013. In addition, it is expected that the appointment of two additional Supreme Court judges in the autumn will allow the Supreme Court to sit regularly in two Divisions which should have a positive impact reasonably quickly.
Garda Deployment
Questions (51)
Pearse Doherty
Question:51. Deputy Pearse Doherty asked the Minister for Justice and Equality the number of Garda ethnic liason officers that are currently working with minority communities. [39757/13]
View answerWritten answers
The 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.
However, I have been informed by the Garda Commissioner that there are currently three hundred and twenty Garda Ethnic Liaison Officers (ELOs) appointed to work with minority communities at local level. These ELOs are front-line Gardaí who are given specialist briefings to work with minority communities and to understand the specificities of hate and/or racist crime.
Each Garda Division has a number of appointed ELOs who are in contact with the representatives of minority groups on a regular basis. A list of ELOs appointed nationwide is available on the Garda website www.garda.ie.
Garda Investigations
Questions (52)
Denis Naughten
Question:52. Deputy Denis Naughten asked the Minister for Justice and Equality if he will accede to the request by the family of Fr. Niall Molloy for an independent inquiry into the priest's violent death; and if he will make a statement on the matter. [39605/13]
View answerWritten answers
The Deputy will be aware that this case was examined by the Garda Síochána Serious Crime Review team, who forwarded a report to the Director of Public Prosecutions (DPP). The DPP subsequently advised that, on the basis of the papers provided, there be no further prosecution in this matter. In the circumstances, I have only recently received a detailed report from the Garda Commissioner on the investigation, which I am currently studying in the context of considering any further steps which might be appropriate in relation to this matter.
UN Conventions Ratification
Questions (53)
Mary Lou McDonald
Question:53. Deputy Mary Lou McDonald asked the Minister for Justice and Equality his plans to sign the UN Convention on the Rights of People with Disabilities; and if he will make a statement on the matter. [39756/13]
View answerWritten answers
Ireland was in the first group of countries to sign the UN Convention on the Rights of People with Disabilities when it opened for signature on the 30th of March 2007. It is the Government's intention to ratify the Convention 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 by amending domestic law as necessary.
The ongoing implementation of our National Disability Strategy in many respects comprehends many of the provisions of the Convention. In addition, the Inter-Departmental 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. This work is ongoing in all Departments. At the Committee's request, the National Disability Authority, the lead statutory agency for the sector, is in the process of assisting it to assess the remaining requirements for ratification so as to ensure conclusively that all such issues will be addressed.
As regards my own Department one of the key requirements is the enactment of capacity legislation. The Programme for Government contains a commitment to introduce a Bill that is in line with the UN Convention on the Rights of Persons with Disabilities. The Assisted Decision - Making (Capacity) Bill, published on 17 July 2013, provides a series of options to support people with impaired capacity to make decisions and to exercise their basic rights, in line with the principles of the UN Convention. It undertakes a comprehensive reform of existing legislation governing capacity. The enactment of this legislation is just one of the core elements of the remaining work to be completed to enable ratification by the State of the Convention.