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Tuesday, 22 Oct 2013

Written Answers Nos. 398-415

Garda Transport Provision

Questions (398)

Michael Healy-Rae

Question:

398. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the number of vehicles expected to be in the Garda fleet at the close of 2014; and if he will make a statement on the matter. [44291/13]

View answer

Written answers

Decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of his identified operational demands and the availability of resources. In this context I am advised by the Garda authorities that at the end of 2014 it is anticipated that the Garda fleet will comprise approximately 2,500 vehicles. I am very conscious of the continuing pressures on the Garda fleet and, in that regard, I am particularly pleased to have secured a further €9m which will provide for the purchase of a significant number of new vehicles over the next nine months.

This most recent investment will bring to €18m the total amount spent on the Garda fleet for the three years 2012 to 2014. It also represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. Moreover, it is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to deliver an effective and efficient policing service.

Garda Deployment

Questions (399)

Gerry Adams

Question:

399. Deputy Gerry Adams asked the Minister for Justice and Equality the number of gardaí at the disposal of the Louth-Meath division; the latest crime statistics for the Louth-Meath division; and if he will make a statement on the matter. [44301/13]

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Written answers

As the Deputy is aware, the Garda Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no 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 been informed by the Garda Commissioner that the personnel strength of each Garda Station in the Louth Garda Division and Meath Garda Division on 30 September 2013, the latest date for which figures are readily available, was as set out in the table.

Louth Garda Division

Strength

Reserve

Civilian

Ardee District

Ardee Station

28

8

2

Castlebellingham Station

4

Collon Station

6

Louth Station

1

Drogheda District

Clougherhead Station

4

Drogheda Station

91

24

12

Dunleer Station

6

Dundalk District

Strength

Reserve

Civilian

Blackrock Station

4

Carlingford Station

6

Drumad Station

7

1

Dundalk Station

120

19

8

Hackballscross Station

5

Omeath Station

4

Total

286

51

23

Meath Garda Division

Strength

Reserve

Civilian

Ashbourne District

Ashbourne Station

43

9

5

Duleek Station

5

Dunboyne Station

15

Dunshaughlin Station

20

1

Laytown Station

23

3

1

Kells District

Strength

Reserve

Civilian

Baile Átha Buí Station

4

Kells Station

42

5

4

Oldcastle Station

3

Navan District

Navan Station

78

15

6

Nobber Station

4

Slane Station

4

Trim District

Strength

Reserve

Civilian

Ballivor Station

3

Enfield Station

5

1

Longwood Station

1

Summerhill Station

3

Trim Station

35

7

5

Total

288

39

23

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the requested statistics directly to the Deputy.

Garda-PSNI Transfers

Questions (400, 401, 402)

Pádraig MacLochlainn

Question:

400. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the action he has taken since the lateral entry regulations have been in place to ensure gardaí can transfer into the PSNI and vice versa. [44354/13]

View answer

Pádraig MacLochlainn

Question:

401. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the action he has taken to promote transfers between the Garda and PSNI. [44355/13]

View answer

Pádraig MacLochlainn

Question:

402. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of gardaí who have transferred to the PSNI; and the number of PSNI officers who have transferred to the Garda. [44356/13]

View answer

Written answers

I propose to take Questions Nos. 400 to 402, inclusive, together.

The Inter-Governmental Agreement on Police co-operation obliged both Governments to introduce the necessary administrative and legislative measures to provide for exchanges, secondments and appointments between the Garda Síochana and the PSNI. Protocols are in place between the Garda Commissioner and the Chief Constable of the PSNI which provide for the implementation of a programme of Personnel Exchanges and Secondments between the two forces. To date eighty nine members of An Garda Síochána and seventy six members of the Police Service of Northern Ireland have taken part in exchange programmes between the forces and one Garda Superintendent has been on secondment with the PSNI.

The Garda Síochána Act 2005 (Police Service of Northern Ireland Appointments) Regulations 2012 and the Garda Síochána Act 2005 (Section 52) Regulations 2012, allow for appointment of members of the PSNI to An Garda Síochána at the ranks of Superintendent, Chief Superintendent and Assistant Commissioner. I understand from the Minister for Justice in Northern Ireland that suitably qualified members of the Garda Síochána may apply for similar positions within the PSNI.

The regulations referred to above specifically provide that the Chief Constable of the Police Service of Northern Ireland be notified of the holding of promotion competitions for the relevant ranks in An Garda Síochána. Expressions of interest from members of the Police Service of Northern Ireland were received for a promotion competition in 2012 and subsequently two briefing sessions were held at the Garda College Templemore, in September 2012. The appointments from this competition have been made and on this occasion did not include any members of the PSNI. The same notifications will be put in place when future promotion competitions are being held in the Garda Síochána. These formal arrangements are but one element of the ongoing very close co-operation that exists between the forces on a day to day operational basis across all aspects of policing.

Prisoner Releases

Questions (403, 411)

Éamon Ó Cuív

Question:

403. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of life-sentence prisoners released and the number of life-sentence prisoners recalled to prison in the years 2010, 2011 and 2012; the annual average length of time life-sentence prisoners served in prison prior to release in 2010, 2011 and 2012; the process followed regarding the recall of such prisoners; and if he will make a statement on the matter. [44372/13]

View answer

Niall Collins

Question:

411. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide annual figures for the number of life-sentence prisoners released and the number of life-sentence prisoners recalled to prison for the years 2010, 2011 and 2012; and the average length of time life-sentence prisoners served in prison prior to their release during the years 2010, 2011 and 2012. [44689/13]

View answer

Written answers

I propose to take Questions Nos. 403 and 411 together.

The information requested is set out in the table below. In the three years 2010 to 2012, a total of 15 life sentence prisoners were released.

-

2010

2011

2012

Life sentenced prisoners released

6

5

4

Average served in prison

18 years 3 months

20 years

22 years

Life sentenced prisoners recalled

1

1

1

All prisoners who are serving life imprisonment are eligible to have their cases reviewed by the Parole Board once they have served seven years in custody. The Board, which was established in 2001, makes recommendations to the Minister in relation to the management of offenders serving long sentences. While it is open to the Parole Board to make any recommendation, the experience with the Parole Board is that life sentenced prisoners are normally reviewed on a number of occasions over a number of years before any substantial concessions are recommended.

It is important to note that a life sentence is indeterminate and there is no guaranteed release date. However, it does not always mean life in prison. Persons released into the community continue to serve their sentences, subject to conditions, while on release. While in the community, life sentence prisoners are required to be under the supervision of the Probation Service. The Probation Service provide Progress Reports to the Irish Prison Service outlining resettlement and reintegration progress and will report on any risk management concerns a prisoner may present. Where it is reported to the Irish Prison Service that a life sentenced prisoner in the community is failing to abide by the conditions of their release, that person may be refused a further period of temporary release and be taken back into custody. In addition, An Garda Síochána may return a prisoner to prison where the prisoner is in breach of their temporary release conditions. The Governor of the prison must conduct a hearing during which the prisoner is afforded due process before a decision is made as to whether the temporary release should be revoked.

Charitable Lotteries Scheme

Questions (404)

Niall Collins

Question:

404. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide in tabular form for each year since 2005 to date in 2013, the amounts paid to each charity from the charitable lotteries compensation fund; and if he will make a statement on the matter. [44392/13]

View answer

Written answers

The Charitable Lotteries Scheme was established in 1997 to provide assistance to the promoters of certain private charitable lotteries that have products similar to products sold by the National Lottery. Assistance under the Scheme was originally drawn solely from the National Lottery surplus but, as with other National Lottery funded subheads, it is now drawn also from exchequer funds. From its establishment until 2011, the Charitable Lotteries Fund was administered by the Department of Finance. In mid 2011 responsibility for its administration was transferred to my Department and details of funding for 2012 and 2011 are as follows:

Charitable Lotteries Fund Allocation 2012

Charity

2012 Distribution (€)

REHAB Lotteries

3,923,659.43

Gael Linn

454,274.93

Asthma Society of Ireland

371,277.42

Irish Cancer Society

189,774.86

Polio Fellowship of Ireland

189,774.86

The Hanly Centre

176,194.59

Irish Lung Foundation Limited

101,458.34

West of Ireland Alzheimer Foundation

95,624.29

Ataxia Ireland

94,449.01

Drogheda Community Services Trust

78,107.81

St Kierans Community Centre

66,759.33

ISPCC

64,560.25

Irish M.E. Trust

63,795.57

Longford Cathedral Circle

39,943.77

Associated Charities Trust

27,067.76

Mulranny Day Centre Housing Co. Ltd.

19,578.59

Lyreacrompane Community Development Ltd

18,295.34

Sliabh-Ardagh Rural Development

13,378.73

Cappoquin Community Development Co. Ltd

12,025.13

Total

6,000,000.01

Charitable Lotteries Fund Allocation 2011

Charity

2011 Distribution (€)

REHAB Lotteries

3,905,661.42

Gael Linn

436,262.33

Asthma Society of Ireland

364,236.16

Irish Cancer Society

209,728.93

Polio Fellowship

209,728.93

The Hanly Centre

169,393.23

FASI

109,212.02

Irish Lung Foundation Limited

104,135.45

ISPCC

69,427.13

West of Ireland Alzheimer Foundation

94,298.22

Drogheda Community Services Trust

76,512.53

Irish M.E. Trust

64,633.59

St Kierans Community Centre

61,900.03

Longford Cathedral Circle

39,552.21

Associated Charities Trust

25,905.21

Lyreacrompane Community Development Ltd

18,885.88

Mulranny Day Centre Housing Co. Ltd.

18,182.60

Slieve-Ardagh Rural Development

12,401.26

Cappoquin Community Development Co. Ltd

9,942.85

Total

5,999,999.98

Charitable Lotteries Scheme

Questions (405)

Niall Collins

Question:

405. Deputy Niall Collins asked the Minister for Justice and Equality if he plans to discontinue the charitable lotteries compensation fund; and if he will make a statement on the matter. [44393/13]

View answer

Written answers

The Charitable Lotteries Scheme was established in 1997 to provide assistance to the promoters of certain private charitable lotteries that have products similar to products sold by the National Lottery. This funding was originally drawn from the National Lottery surplus but, as with other National Lottery funded subheads, it is now drawn also from exchequer funds. Because of the urgent need to make savings in Government expenditure, this Scheme cannot be sustained in the current circumstances. Beneficiaries were advised in October 2012 that it would be phased out on a gradual basis over a 3 year period, with the first reduction taking effect in late 2013. This is in order to give affected organisations as much time as possible to adjust to the change and to consider how they may increase the funding they receive through other fundraising projects. As the decision to phase out the Scheme is currently the subject of legal proceedings initiated by The Rehab Group and Rehab Lotteries, I am not in a position to comment further in relation to this issue, at this time.

Immigration Status

Questions (406)

Bernard Durkan

Question:

406. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if upgrade and extension of residency will be facilitated in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [44527/13]

View answer

Written answers

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy entered the State as a student on 5 October 2009 and registered on Student conditions on 23 October 2009. This permission expired on 13 October 2012. If this person has been present in the State since that date he has been unlawfully present. This would be in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-Irish national may be in the State other than in accordance with the terms of any permission given to him or her by or on behalf of the Minister. Furthermore Section 5(2) of the Act provides that a non-Irish national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State. It would appear, from the information supplied by the Deputy, that the person concerned is unlawfully present in the State. This is, of course, a matter of serious concern and officials of INIS will be in touch with the person concerning his position here.

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 specifically established 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.

Garda Equipment

Questions (407)

Seán Kenny

Question:

407. Deputy Seán Kenny asked the Minister for Justice and Equality the number of requests he has received from the Garda Commissioners in each of the past three years regarding the increase in the number of boats available to the Garda water unit; the number of requests that have been approved, pending or refused; and if he will make a statement on the matter. [44533/13]

View answer

Written answers

The provision of Garda equipment, including boats, is a matter for the Garda Commissioner in the light of his identified operational requirements and I have no direct function in this area. In that context, I am advised by the Garda authorities that the existing resources available to the Garda Water Unit are sufficient to meet its requirements and, accordingly, that there are currently no plans to purchase additional Garda boats. In addition, I understand that the position will continue to be kept under review.

Garda Recruitment

Questions (408)

Clare Daly

Question:

408. Deputy Clare Daly asked the Minister for Justice and Equality if he has considered giving members of the Garda Reserve preferential treatment in applications for full membership of An Garda Síochána, in view of the fact that many of them would have undertaken a number of courses and training relevant to An Garda Síochána, that they would have put in years of loyal service and that their recruitment could essentially streamline the recruitment process. [44542/13]

View answer

Written answers

Recruitment to An Garda Síochána is governed by statutory regulations. The current Garda Síochána (Admissions and Appointments) (Amendment) Regulation 2006, expressly allows the Public Appointments Service to take into account any satisfactory service by a person as a reserve member of the Garda Síochána, when they are applying to join the full time force. These regulations are currently being consolidated and revised and the same provisions for Reserve members will be incorporated into the new regulations.

Magdalen Laundries Report

Questions (409)

Mary Lou McDonald

Question:

409. Deputy Mary Lou McDonald asked the Minister for Justice and Equality when he will publish the recently completed interdepartmental group report on Judge Quirke's Magdalen laundries restorative justice recommendations. [44606/13]

View answer

Written answers

I expect to bring the Report of the Inter Departmental Group on the Implementation of the Recommendations of Judge Quirke for a Scheme for the benefit of those women who were admitted to and worked in Magdalen Laundries back before the Government very shortly. When the Report has been considered by the Government it will be published on my Department's website.

Asylum Applications

Questions (410)

Finian McGrath

Question:

410. Deputy Finian McGrath asked the Minister for Justice and Equality if he will provide an update on asylum issue protocols at the point of entry regarding lack of an ombudsman and lack of translation service. [44633/13]

View answer

Written answers

The detailed provisions relating to the making of an asylum application at the frontiers of the State are set out in Sections 8 and 9 of the Refugee Act, 1996 (as amended). Briefly, those provisions require persons seeking to make an application to be interviewed by an immigration officer and informed, where possible in a language that the person understands, that they may apply to the Minister for a declaration of refugee status. An interview by an immigration officer must, where necessary and possible, be conducted with the assistance of an interpreter and the immigration officer is required to keep a record of the interview and to provide a copy to the person concerned and to the Refugee Applications Commissioner.

A person who makes an application for asylum must be granted permission to enter the State and is entitled to remain in the State until their application for a declaration is transferred to another Member State under the Dublin Regulation, withdrawn or deemed to be withdrawn, granted or refused by the Minister. As the Deputy may be aware, applications for refugee status are investigated at first instance by the Office of the Refugee Applications Commissioner (ORAC) and on appeal by the Refugee Appeals Tribunal (RAT). Both the ORAC and the RAT are statutorily independent in the performance of their functions under the Refugee Act 1996 (as amended). In addition, it is open to applicants to seek leave to take a judicial review in relation to decisions of the ORAC and RAT. The Offices in question are excluded from the provisions of the Ombudsman Act, 2012.

Question No. 411 answered with Question No. 403.

Garda Vetting Applications

Questions (412)

John McGuinness

Question:

412. Deputy John McGuinness asked the Minister for Justice and Equality the reason for the delay in providing Garda clearance in respect of a person (details supplied) in County Kilkenny. [44716/13]

View answer

Written answers

I am informed by the Garda authorities that it is not possible to check the status of the application referred to in the absence of details of a date of birth. If the Deputy will provide the additional information, I will have further enquiries made in the matter.

Road Traffic Offences

Questions (413)

Thomas P. Broughan

Question:

413. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 273 of 15 October 2013, if he will provide a breakdown of the courts in all of the districts managed by the Courts Service where motorists did not receive a conviction under the Road Traffic Acts because they instead agreed to make a donation to charity. [44726/13]

View answer

Written answers

The court poor box is a non-statutory system used mostly by the District Courts to impose a financial charge on a defendant to be used for a charitable purpose, usually instead of imposing a criminal conviction. Payments made to the court poor box are accounted for by the court office concerned and the accounting procedures are subject to audit by the Comptroller and Auditor General. Generally, charities are the recipients of poor box contributions but the decision is solely at the discretion of the Judge who is independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. In order to be of assistance to the Deputy, I have had enquiries made and the table below shows the number of defendants recorded on the Courts Service Criminal Case Tracking System (CCTS) who were before the court for offences under the Road Traffic Act and the outcome of whose cases involved payments to the Poor Box. None of these people were convicted of the offences.

District Number

Number of Defendants

1 - Donegal

102

2 - Sligo/Donegal/Leitrim

188

3 - Mayo

11

4 - Roscommon / Galway

39

5 - Cavan / Monaghan

163

6 - Drogheda / Dundalk

33

7 - Galway

5

8 - Tipperary

4

9 - Westmeath / Longford

170

10 - Meath/Louth

6

12 - Clare

103

13 - Limerick

365

15 - Laois /Offaly

44

17 - Kerry

104

18 - West Cork

167

19 - Cork City

1

20 - North / East Cork

217

21 - South Tipperary /West Waterford

106

22 - Carlow / Kilkenny

37

23 - Wexford

2

24 - Waterford City

67

25 -Kildare

3

Dublin Metropolitan District

899

TOTAL

2836

Crime Data

Questions (414, 416)

Gerald Nash

Question:

414. Deputy Gerald Nash asked the Minister for Justice and Equality the most recent crime rate figures available for County Meath, broken down by local Garda station and under the classification of crime; and if he will make a statement on the matter. [44731/13]

View answer

Gerald Nash

Question:

416. Deputy Gerald Nash asked the Minister for Justice and Equality the most recent crime rate figures available for County Lout, broken down by local Garda station and under the classification of crime; and if he will make a statement on the matter. [44733/13]

View answer

Written answers

I propose to take Questions Nos. 414 and 416 together.

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy.

Garda Deployment

Questions (415, 417)

Gerald Nash

Question:

415. Deputy Gerald Nash asked the Minister for Justice and Equality the number of gardaí allocated to County Meath, broken down by local Garda station; and if he will make a statement on the matter. [44732/13]

View answer

Gerald Nash

Question:

417. Deputy Gerald Nash asked the Minister for Justice and Equality the number of gardaí allocated to County Louth, broken down by local Garda station; and if he will make a statement on the matter. [44734/13]

View answer

Written answers

I propose to take Questions Nos. 415 and 417 together.

As the Deputy is aware, the Garda Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no 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 been informed by the Garda Commissioner that the personnel strength of each Garda Station in the Louth Garda Division and Meath Garda Division on 30 September 2013, the latest date for which figures are readily available, was as set out in the table.

Louth Garda Division

Garda Strength

Garda Reserves

Civilian

Staff

Ardee District

Ardee Station

28

8

2

Castlebellingham Station

4

Collon Station

6

Louth Station

1

Drogheda District

Clougherhead Station

4

Drogheda Station

91

24

12

Dunleer Station

6

Dundalk District

Blackrock Station

4

Carlingford Station

6

Drumad Station

7

1

Dundalk Station

120

19

8

Hackballscross Station

5

Omeath Station

4

Total

286

51

23

Meath Garda Division

Ashbourne District

Ashbourne Station

43

9

5

Duleek Station

5

Dunboyne Station

15

Dunshaughlin Station

20

1

Laytown Station

23

3

1

Kells District

Baile Átha Buí Station

4

Kells Station

42

5

4

Oldcastle Station

3

Navan District

Navan Station

78

15

6

Nobber Station

4

Slane Station

4

Trim District

Ballivor Station

3

Enfield Station

5

1

Longwood Station

1

Summerhill Station

3

Trim Station

35

7

5

Total

288

39

23

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