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Tuesday, 8 Oct 2013

Written Answers Nos. 426-443

Courts Service Issues

Questions (426)

Thomas P. Broughan

Question:

426. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 138 of 26 September 2012, if the report to which he made reference in his reply containing statistics from the Courts Service arising out of new arrangements in the courts in line with section 63 of the Road Traffic Act 2010 is now available; and if he will provide a breakdown of the district courts in the State enforcing section 63 of the 2010 Act. [41879/13]

View answer

Written answers

As the Deputy is aware, the Courts Service has put in place arrangements to ensure that summonses issued since May 2012 include wording to advise persons charged with an offence under the Road Traffic Acts to bring their driving licence together with a photocopy of the licence when they are attending court. The conduct of any case before a court is a matter for the presiding judge. I am informed that the Courts Service has communicated with the judiciary to facilitate an arrangement that defendants who appear before the court are requested in court to produce their driving licence and a copy thereof to the court registrar for the purpose of having the driving licence number recorded. In this regard, where in accordance with the directions of the judge, a licence is produced in any District Court throughout the country to the court registrar, the licence details are recorded.

The Courts Service has now provided the statistics sought by the Deputy in response to Parliamentary Question No. 503 of 1 October 2013. The table below provides a breakdown of the number of defendants convicted of penalty point offences and the number of driving licences recorded in respect of those convictions for the period Mar 2012 – August 2013.

Month

No of defendants convicted

No of driving licence numbers recorded

% Licences

Mar-12

992

354

36%

Apr-12

818

260

32%

May-12

1,223

423

35%

Jun-12

1,030

393

38%

Jul-12

1,054

411

39%

Aug-12

1

0

0%

Sep-12

1,279

407

32%

Oct-12

1,182

507

43%

Nov-12

1,115

491

44%

Dec-12

791

328

41%

Jan-13

1,001

374

37%

Feb-13

1,026

439

43%

Mar-13

971

466

48%

Apr-13

1,032

443

43%

May-13

1,082

530

49%

Jun-13

987

409

41%

Jul-13

1,031

490

48%

TOTAL

16,615

6,725

40%

Note: Report is based on Defendants, so if defendant appeared in court more than once they only appear once on the report.

Note: The report does not include defendants who were convicted of road traffic offences which were not the subject of a fixed penalty notice in the first instance.

In relation to the statistics provided in response to Parliamentary Question 1086 of 18 September 2013, the Courts Service has now clarified that the statistics provided for the period March – June 2013 reflected defendants who were convicted of road traffic offences which were the subject of a fixed penalty notice in the first instance whereas the statistics provided for the period May 2012 – July 2012 referred to defendants who were convicted of road traffic offences whether or not such offences were the subject of a fixed penalty notice so the statistics were not directly comparable. The Service has now confirmed that the above table is an accurate reflection of the position regarding the collection of driving licence numbers since the introduction of the initiatives that it put in place last year.

Garda Vetting Applications

Questions (427)

Nicky McFadden

Question:

427. Deputy Nicky McFadden asked the Minister for Justice and Equality the efforts made to date to reduce waiting times for applications made to the Garda vetting unit; if improvements will be made as soon as possible to facilitate volunteers who wish to work with and for young persons and vulnerable adults here; if he will ensure that waiting times will no longer act as a barrier to volunteering; and if he will make a statement on the matter. [41886/13]

View answer

Written answers

By way of background to the Deputy's question, I wish to advise that the number of vetting applications received by the Garda Central Vetting Unit (GCVU) each year has risen from 187,864 in 2007 to 327,903 in 2012 and it is expected that there will be upwards of 350,000 applications this year.

It is essential that the GCVU has the resources required to perform this most critical of roles effectively and I have given this matter particular priority. In that regard I have been actively engaged with my colleague the Minister for Public Expenditure and Reform. As a result of that engagement, I am pleased to say that the Commissioner has confirmed to me that there are now 134 whole-time equivalent staff (130 civilians and 4 members of the Garda Síochána) assigned to the GCVU, some 41 of whom have been redeployed from elsewhere in the public service since the end of March 2013. Some of these redeployed staff have only recently completed their training in the vetting process, and the full impact of their work will be seen in the coming weeks. Furthermore, I have also recently received sanction for the redeployment of 40 additional staff to the GCVU. This brings the total number of staff in that service to over 170 which, when compared to the average staff allocation of 78 at the Unit over the past two and a half years, represents an increase of 117%.

I am informed by the Garda authorities that the current average processing time for applications is now approximately 9 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. Nevertheless this is a significant improvement on the processing time of 14 weeks which existed in July this year. In the interest of fairness and equity, Garda vetting applications are processed in chronological order based on the date of receipt in the GCVU and 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.

Development of an e-Vetting solution is also underway. This will facilitate the processing of all applications in an e-format, thus removing the time-consuming current process of manually managing all applications received. The initial phase of testing this e-vetting system will take place in the fourth quarter of 2013. When this is achieved, this system will streamline the overall vetting process in this jurisdiction, and further contribute to reductions in processing times for all vetting applications.

Question No. 428 answered with Question No. 424.

Criminal Prosecutions Issues

Questions (429)

Catherine Murphy

Question:

429. Deputy Catherine Murphy asked the Minister for Justice and Equality if his attention has been drawn to the fact that in some criminal cases where a suspended sentence has been imposed the term of the sentence may expire due to lengthy judicial review appeal processes; and if he will make a statement on the matter. [41894/13]

View answer

Written answers

As the Deputy will be aware, under the Courts Service Act 1998, the management and administration of the courts is a matter for the Courts Service while the allocation of the business of the courts, scheduling of cases and management of lists are matters for the judiciary and in particular the Presidents of the courts. The Deputy will also be aware that judges are, subject to the Constitution and the law, independent in the exercise of their judicial functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that judicial review applications that can be heard in less than one day are given a hearing date within 3 weeks of the parties informing the court that they are ready to proceed. Applications requiring longer than one day are given a hearing date within 3 months of the parties notifying the court that they are ready to proceed. I am also informed that where it is brought to the attention of the High Court that an application for judicial review relates to a sentencing case the court expedites the hearing of the judicial review.

In addition, new court rules for judicial review proceedings were introduced by S.I. 691 of 2011 which, inter alia, require an application for judicial review to be made within 3 months of the date of the decision that is to be reviewed. This rule has enabled the High Court to reduce the time that elapses between the making of a decision, such as a decision to impose a sentence, and the completion of the judicial review process.

Community Policing

Questions (430)

Eoghan Murphy

Question:

430. Deputy Eoghan Murphy asked the Minister for Justice and Equality the number of dedicated community Garda units in each of the Garda stations in the constituency of Dublin Bay South; the number of gardaí dedicated to community Garda policing alone in each of those stations; and the proposals to ensure that community policing continues within the area. [41906/13]

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Written answers

As the Deputy is already aware, 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 Garda Stations at Pearse Street, Donnybrook, Irishtown, Terenure, Rathmines and Rathfarnham are all located in the new Dublin Bay South Constituency.

The full strength of each of those stations on 31st August 2013, including Community Gardaí, Gardaí, Reserve Gardaí and civilian staff is set out in the table hereunder. The Deputy will be aware that all Gardaí have responsibility, inter alia, to deal with Community Policing issues as and when they arise. In line with this policy, Community Policing in Donnybrook and Irishtown areas is achieved through Gardaí attached to core units being assigned specific Community Policing responsibilities for identified areas, community initiatives, community groups, schools and hospitals in the area. Local Management are satisfied that the current policing levels are sufficient to meet the needs of the areas.

31 August 2013

District / Sub District

Dedicated Community Gardaí

Total Garda Strength

Reserves

Civilians

Pearse Street

10

302

35

15

Terenure

6

96

9

4

Rathmines

3

60

7

1

Rathfarnham

9

80

5

1

Donnybrook

0

121

9

5

Irishtown

0

49

8

2

Crime Prevention

Questions (431)

Eoghan Murphy

Question:

431. Deputy Eoghan Murphy asked the Minister for Justice and Equality if he will roll out a nationwide bicycle registration scheme through the Garda force working with all bicycle shops, in the interests of preventing or reducing bicycle theft, and of facilitating the prosecution of theft, through the easy identification of bicycle ownership. [41907/13]

View answer

Written answers

An Garda Síochána is proactive in encouraging the public to protect their property, including bicycles, and a range of measures are in place to prevent and tackle the theft of bicycles.

The Garda initiatives in this area include a crime prevention information leaflet on bicycle security, which is available on the Garda website, www.garda.ie. The leaflet emphasises the importance of bicycle owners keeping a record of the bicycle frame identification number, colour and any other unique features. Furthermore, in July 2012, An Garda Síochána created a link from the Garda website to YouTube to promote a video on bicycle security which had been developed as a joint initiative by An Garda Síochána and Dublin City Council. I am also informed that An Garda Síochána is currently rolling out a pilot scheme in a number of Garda locations which allows members of the public to view on-line photographs of recovered property, including bicycles, on the Garda page of the social media site, Flickr.

At the present time, I have no plans to introduce additional measures over and above the range of voluntary crime prevention measures which owners of any type of valuable property are encouraged to take, including those which I have already referred to, and which Gardaí continue to promote nationwide. In the event that the Garda Commissioner feels that some additional measures are called for that would require regulatory of other action on my part, I would of course give such proposals the closest consideration.

Garda Stations Closures

Questions (432)

Micheál Martin

Question:

432. Deputy Micheál Martin asked the Minister for Justice and Equality the current opening hours of Cabinteely Garda station; and if it is intended to or if any consideration is being given to either limit those opening hours or close the station at any point in the future; and if he will make a statement on the matter. [41915/13]

View answer

Written answers

As I outlined in reply to the Deputy's question on the 24 September 2013, the Garda Commissioner informed me that the opening hours of Cabinteely Garda Station are 07:00 to 21:00 Monday to Sunday. It is important to remember that while Cabinteely Garda station is closed to the public outside these hours, it remains as a functioning Garda station on a 24 hour basis.

While the Policing plans for 2014 and 2015 have not yet been prepared, I understand that the current consolidation process will be largely completed by the end of this year and it seems unlikely at this point in time that there will be any further station closures in 2014 and 2015.

Garda Deployment

Questions (433)

Micheál Martin

Question:

433. Deputy Micheál Martin asked the Minister for Justice and Equality the exact number of gardaí assigned to District F, Dublin, as of the 1 June 2012 and the number currently stationed there; and if he will make a statement on the matter. [41916/13]

View answer

Written answers

As the Depuy is already aware, 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 Dun Laoghaire Garda District (District F) on 31 May 2012 and 31 August 2013 (the latest date for which figures are readily available) was as is set out in table below.

-

31/5/2012

31/8/2013

Garda

246

221

Reserve

9

10

Civilian

14

14

Pilot Training Colleges

Questions (434)

Michael Healy-Rae

Question:

434. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding a pilot training college (details supplied); and if he will make a statement on the matter. [41939/13]

View answer

Written answers

I am informed by the Garda authorities that formal complaints have been made to An Garda Síochána in relation to circumstances surrounding the closure of the college referred to by the Deputy. As an investigation is ongoing in this matter it would be inappropriate for me to comment further at this time.

Criminal Injuries Compensation Tribunal Awards

Questions (435)

John McGuinness

Question:

435. Deputy John McGuinness asked the Minister for Justice and Equality the position regarding the Criminal Injuries Board; the number of board members and their qualifications; the number of cases the board deals with each year; and the number of cases pending. [41944/13]

View answer

Written answers

I can inform the Deputy that paragraph 17 of the Scheme of Compensation for Personal Injuries Criminally Inflicted provides for the appointment of Tribunal members. The term of office of the Tribunal has now expired and I am in the process of appointing a new Tribunal. The number of Tribunal members and the length of their term of office is set out Paragraph 17 of the Scheme states as follows:

"The Scheme will be administered by the Criminal Injuries Compensation Tribunal, the members of which will be appointed by the Minister for Justice. It will consist of a Chairman and six ordinary members. The Chairman and each member will be either a practising barrister or a practising solicitor. The members of the Tribunal will act on a part-time basis but they will be paid fees for work done on a basis to be determined by the Minister for the Public Service."

As the Deputy will be aware, the Tribunal also administers the Scheme of Compensation for Personal Injuries Criminally Inflicted on Prison Officers.

Details of the number of applications received under each Scheme during the period 2009 to 2012 are set out in the following table:

Year

General Scheme

Prison Officers Scheme

2009

280

63

2010

322

68

2011

273

74

2012

291

53

I am informed that the Tribunal has 68 General Scheme applications and 28 Prison Officer applications pending submission to Tribunal members for determination.

I also understand that the Tribunal has 1,322 General Scheme applications and 250 Prison Officer applications awaiting documentation from applicants, i.e. medical reports, details of loss of earnings etc.

Commissions of Investigation

Questions (436)

Finian McGrath

Question:

436. Deputy Finian McGrath asked the Minister for Justice and Equality if he will have a commission of inquiry into a case (details supplied). [41952/13]

View answer

Written answers

I have advised the Deputy on a number of previous occasions that I have been informed by the Garda authorities that the case in question which dates from 1989, was the subject of a thorough investigation.

The Deputy will be well aware that complaints were also made to the Garda Síochána Complaint Board, an independent statutory body, who further investigated the matter and found no evidence of an offence or breach of discipline on the part of the Garda members concerned.

There is no new or additional evidence available which would warrant the holding of any further inquiry and certainly not a Commission of Inquiry as suggested by the Deputy's question.

Garda Vetting Applications

Questions (437)

Tony McLoughlin

Question:

437. Deputy Tony McLoughlin asked the Minister for Justice and Equality if he will give consideration to the issuing of a Garda vetting clearance card to persons engaged in work or volunteer activity who by law require such clearance (details supplied). [41962/13]

View answer

Written answers

A vetting disclosure is made in response to a written request and with the permission of the person who is the subject of that request. Garda vetting disclosures are issued to specified organisations registered with the Garda Central Vetting Unit (GCVU) for that purpose in respect of a particular post or employment. The Unit processed approximately 328,000 vetting applications on behalf of these organisations in 2012 and expects to receive in the region of 350,000 applications by the end of 2013.

Each time a new vetting application is received, a full vetting check is conducted to ensure that the most recent data available is taken into account. The non-transferability and contemporaneous nature of the certificate protects against the risk of fraud or forgery and is a guarantee of the integrity of the vetting service. It also affords the registered organisation the facility to assess suitability based on the most up to date information available on the applicant. The Deputy will appreciate that the safety of children and vulnerable adults is the primary consideration and this must remain the case.

It is essential that the GCVU has the resources required to perform this most critical of roles effectively and I have given this matter particular priority. In that regard I have been actively engaged with my colleague the Minister for Public Expenditure and Reform. As a result of that engagement, I am pleased to say that the Commissioner has confirmed to me that there are now 134 whole-time equivalent staff (130 civilians and 4 members of the Garda Síochána) assigned to the GCVU, some 41 of whom have been redeployed from elsewhere in the public service since the end of March 2013. Some of these redeployed staff have only recently completed their training in the vetting process, and the full impact of their work will be seen in the coming weeks. Furthermore, I have also recently received sanction for the redeployment of 40 additional staff to the GCVU. This brings the total number of staff in that service to over 170 which, when compared to the average staff allocation of 78 at the Unit over the past two and a half years, represents an increase of 117%.

I am informed by the Garda authorities that the current average processing time for applications is now approximately 9 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. Nevertheless this is a significant improvement on the processing time of 14 weeks which existed in July this year. In the interest of fairness and equity, Garda vetting applications are processed in chronological order based on the date of receipt in the GCVU and 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.

Development of an e-Vetting solution is underway. This will facilitate the processing of all applications in an e-format, thus removing the time-consuming current process of manually managing all applications received . The initial phase of testing this e-vetting system will take place in the fourth quarter of 2013. When this is achieved, this system will streamline the overall vetting process in this jurisdiction, and further contribute to reductions in processing times for all vetting applications.

Naturalisation Applications

Questions (438)

Bernard Durkan

Question:

438. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of application for naturalisation in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [41965/13]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy.

The application is currently at an advanced stage of processing and the person concerned will be informed of my decision in due course. The Deputy will appreciate that the granting of Irish citizenship through naturalisation as provided for in law is a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Crime Investigation

Questions (439)

Olivia Mitchell

Question:

439. Deputy Olivia Mitchell asked the Minister for Justice and Equality in view of concerns surrounding the recent discovery of a body in the Dublin mountains, if he will reassure the public that in missing persons cases where the person concerned has suffered from depression or mental illness no less rigour or fewer resources are devoted to the search by the Garda and that this would include checks of online and telephone activity; and if he will make a statement on the matter. [41997/13]

View answer

Written answers

I am, of course, conscious of the distress and continuing impact on family and friends when a person goes missing but the Deputy will appreciate that it would not be appropriate for me to comment on a case that is under active investigation by An Garda Síochána and that the operational management of any investigation is a matter for the Garda authorities.

I am, however, assured by the Garda authorities that all incidents where persons have been reported missing remain under investigation until such time as the person is located and that An Garda Síochána reviews missing persons cases on a regular basis. The District Officer (Superintendent) in the area where a person has gone missing takes direct responsibility for all investigations and searches carried out. 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, as considered appropriate.

Furthermore, the Garda Missing Persons Bureau, which is responsible for all data relating to missing persons, provides expert assistance and advice to District Officers in all high risk missing person cases. The Garda authorities are satisfied that adequate resources, including staff and technology, are in place to deal with this issue and investigations are carried out in line with international best practice.

There is certainly no question of less resources being applied to cases of the kind referred to by the Deputy and all lines of inquiry considered appropriate, including accessing records, are pursued.

Question No. 440 answered with Question No. 424.

Ministerial Meetings

Questions (441)

Finian McGrath

Question:

441. Deputy Finian McGrath asked the Minister for Justice and Equality if he will meet the family of a person (details supplied) in County Monaghan. [42002/13]

View answer

Written answers

I can assure the Deputy that I am fully aware of the background to this tragic case and very conscious of the deep distress experienced by the relatives and friends of the deceased in such circumstances. My Department has responded on a number of occasions to correspondence from the family and from persons writing on their behalf in relation to the complex issues raised by them.

I myself wrote to the family last week to convey my sincere condolences on the continuing impact of their tragic loss and to respond to their request for a meeting with me. In the circumstances, and having regard to the separate and distinct role of the Courts under our Constitution, I expressed my regret that it would not be possible for me to meet with the family to discuss the issues raised.

Garda Equipment

Questions (442)

Seán Kenny

Question:

442. Deputy Seán Kenny asked the Minister for Justice and Equality his plans to provide funding for the purchase of additional Garda mountain bikes; and if he will make a statement on the matter. [42003/13]

View answer

Written answers

As the Deputy will be aware, the provision and allocation of Garda resources, including mountain bikes, is a matter for the Garda Commissioner in the context of his identified operational requirements.

I am advised by the Garda authorities that the existing mountain bike stock is considered sufficient to meet policing requirements and that, based upon operational priorities, it is not envisaged that additional mountain bikes will be acquired in 2013.

Child Protection Guidelines

Questions (443)

Seán Fleming

Question:

443. Deputy Sean Fleming asked the Minister for Justice and Equality under the Child Care Act 1991 are guardian ad litem appointed for children who are not the subject of care proceedings or subject of a special care order; the mechanisms for such a process to be appointed where the children are within the care of their parents or legal guardian; the number of reports that have been requested in these situations; when a commencement order in respect of these matters was signed; and if he will make a statement on the matter. [42022/13]

View answer

Written answers

The 1991 Act only provides for the appointment of a guardian ad litem in proceedings taken under the provisions of that Act. I understand that the Deputy's question may refer to whether a guardian ad litem may be appointed to make a report when there is a dispute in proceedings under the Guardianship of Infants Act 1964 (as amended), concerning guardianship or custody of and access to the child.

As I indicated in response to Parliamentary Question No. 114 of 20th June 2012, "Section 28 of the Guardianship of Infants Act 1964, inserted by section 11 of the Children Act 1997, regarding appointment of a guardian ad litem for a child and provision for separate representation of the guardian ad litem, has not been commenced. In the context of current budgetary constraints a matter of particular concern is the extensive costs which would fall on the Exchequer on the provision of a guardian ad litem service for children in family law proceedings. I do however acknowledge that circumstances arise where it may be in the best interests of a child that the assistance of a guardian ad litem be available to a court to assist it in the determination of a dispute under the 1964 Act.

In the context of planning for the potential implications of the constitutional amendment resulting from the Children referendum, the Department of Children and Youth Affairs, together with other relevant departments and agencies including the Department of Justice and Equality, is currently considering how best to ensure that the voice of the child can be conveyed in relevant proceedings, including proceedings under the 1964 Act. This is a matter I hope to address in the Children and Family Relationship Bill presently under preparation in my Department.

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