Tuesday, 5 Nov 2013

Written Answers Nos. 1-76

Crime Prevention

Questions (67)

Sean Fleming

Question:

67. Deputy Sean Fleming asked the Minister for Justice and Equality the position regarding Operation Fiacla; his future plans for tackling rural crime; and if he will make a statement on the matter. [46543/13]

Written answers

Minister for Justice and Equality

I am, of course, aware of concerns in rural communities about the incidence of crime, and of burglary in particular. These crimes cause deep distress to householders and have a broader impact in terms of fear of crime in the community.

It was in the light of these concerns that the Garda Commissioner established Operation Fiacla last year to coordinate a sustained national drive against those involved in this type of criminality. Operation Fiacla is an intelligence driven national operation and specific burglary initiatives have been implemented in each Garda Region to target suspected offenders. As of 30 September, 6,678 persons have been arrested and 3,770 persons have been charged with burglary offences under Operation Fiacla.

I am glad to say that Operation Fiacla has proved to be a robust and effective response to those who seek to prey on law abiding householders and this is borne out by the latest Crime Statistics published by the Central Statistics Office covering the 12 month period up to the second quarter of 2013. These show a welcome reduction of 8.9% in burglary and related offences over the previous 12 months, and continue a trend which has been evident since the introduction of Operation Fiacla.

More generally, in relation to policing in rural areas and tackling rural crime, the Garda National Policing Plan for 2013, which I laid before the House last December, sets out the policing priorities and objectives for the current year. The Plan is designed to meet the policing needs of all communities and includes objectives of particular relevance for rural areas, including active community engagement in the development of policing strategies and concerted efforts to support and protect vulnerable sections of the community.

This is illustrated in a range of community based initiatives which are supported by Gardaí throughout the country. For example, the ongoing work of more than 1300 Community Alert groups which are active in rural communities was underlined by the publication earlier this year of new Garda Community Crime Prevention Guidelines. More recently the Commissioner has published guidelines for the operation of text alert systems which can provide a further mechanism by which An Garda Síochána can distribute crime prevention information to local communities.

I am currently in discussions with the Garda Commissioner concerning the Garda National Policing Plan for 2014, which will be presented to the House in due course, and I can assure the Deputy that it will be focused on the policing needs of all of our communities. It is the Government's intention to ensure that frontline services are maintained at the highest level possible through the most efficient use of resources. The Commissioner continues to enjoy my full support and that of the Government in confronting crime in all its forms. I have every confidence that he and everyone in An Garda Síochána will continue to deliver an effective police service in rural as in all other areas.

Legal Services Regulation

Questions (68)

Aengus Ó Snodaigh

Question:

68. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the research he has gathered in relation to multi-disciplinary practices as he proposes with the Legal Services Regulation Bill 2011. [45971/13]

Written answers

Minister for Justice and Equality

As the Deputy may be aware, numerous jurisdictions have introduced new and more customer-focussed legal business models. These "alternative business structures" (ABS) can involve the traditional legal services provided by barristers and/or solicitors or combine them, in what are known as "multi-disciplinary practices", with those of accountants, insurance brokers, conveyancers or other professionals to provide seamless solutions for clients on a more cost-effective basis. The globalisation of legal and other services, along with the ongoing and exponential advances being made in business technologies and outsourcing, are challenging the traditional ways in which legal professionals conduct their business. To ignore these changes would leave legal practitioners in this jurisdiction at a growing competitive disadvantage. Consequently, in looking to the future, the Legal Services Regulation Bill, in Part 7, provides for the introduction of legal partnerships and of multi-disciplinary practices.

Regrettably, the legal profession have been reluctant movers as far as ABS are concerned. As far back as 1994, the same year in which multi-disciplinary practices were permitted in New South Wales Australia, the Solicitors (Amendment) Act was enacted in our jurisdiction. Taking account of the Fair Trade Commission’s 1990 Report of Study into Restrictive Practices in the Legal Profession the Act, alas unsuccessfully, provided for incorporated practices and the sharing of fees arising from a partnership or an agency arrangement by solicitors with non-lawyers.

Now, almost twenty years later, ABS and multi-disciplinary practices have been, or continue to be, rolled out in England and Wales, Scotland, Australia, Germany, Netherlands and parts of Canada, including British Columbia, Quebec and Ontario and there is a wealth of information and analysis now available on them. The Legal Services Act 2007 provided for the introduction of ABS, including multi-disciplinary practices, in England and Wales - over 200 licences for ABS have been issued to date. The Legal Services (Scotland) Act 2010 also allows for ABS that include multi-disciplinary practices. In Canada, the legislation relates more narrowly to multi-disciplinary practices. Along with officials of my Department, I have been actively reviewing and considering in detail how the introduction of ABS is taking place in all of these jurisdictions along with the relevant literature and those submissions received. I am also considering the various issues of probity and governance that would relate to such new legal business models.

I was previously briefed on the roll-out of ABS by Mr. Steve Mark, the then Legal Services Commissioner for New South Wales, while on official business in Australia in March of 2012. Both he and Mr Chris Kenny, Chief Executive of the Legal Services Board for England & Wales, addressed a conference on the modernisation of legal services hosted by my Department in July 2012. Last Friday, I met, along with officials of my Department, representatives of the UK Legal Services Board and of the Solicitors Regulation Authority in London, where we were updated on the latest developments in relation to multi-disciplinary practises. I also visited one of the new legal business models up and running in the city. The Deputy can, therefore, be assured of the ongoing and substantial consideration I am giving, along with Department officials, to the introduction and proper regulation of multi-disciplinary legal practices. In light of this consideration, I will be bringing forward appropriate amendments to Part 7 of the Legal Services Regulation Bill for its forthcoming resumption of Committee Stage.

Garda Síochána Ombudsman Commission Issues

Questions (69, 82, 88)

Éamon Ó Cuív

Question:

69. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the steps he has taken to address concerns expressed by the Garda Síochána Ombudsman Commission regarding relations with An Garda Síochána; and if he will make a statement on the matter. [46534/13]

Luke 'Ming' Flanagan

Question:

82. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality if he has organised for the Garda Síochána Ombudsman Commission to have direct access to the PULSE system without the need of a member of An Garda Síochána; and if he will make a statement on the matter. [45980/13]

Joan Collins

Question:

88. Deputy Joan Collins asked the Minister for Justice and Equality the steps he intends to take to improve the operation of GSOC as it requested. [45974/13]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 69, 82 and 88 together.

The Garda Síochána Ombudsman Commission was established under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of the Garda Síochána. The Garda Ombudsman Commission has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded, and has extensive powers under the 2005 Act to enable it to carry out its responsibilities.

Section 108 of the Garda Siochana Act 2005 provides that the Ombudsman Commission and the Garda Commissioner shall, by written protocols, make arrangements concerning matters including the sharing of information between both organisations. These protocols set down issues such as time limits for the provision of information by the Garda Síochána to the Garda Ombudsman Commission, and it is clearly important that any such agreed protocols should be respected by both parties, and that any difficulties in this regard should be addressed. I have no function in the making of such arrangements or in determining the protocols surrounding those arrangements.

In response to concerns raised by the Ombudsman Commission concerning cooperation issues with the Garda Siochana I convened a meeting with the Garda Commissioner and the Chairperson of the Ombudsman Commission on 23 July last. The aim of the meeting was to explore how best to ensure the highest level of practical co-operation between the Garda Síochána and the Ombudsman Commission in what can be complex and difficult investigations into alleged Garda misconduct. I am very pleased that the Garda Commissioner and the Chairperson of the Ombudsman Commission have since signed new protocols providing for enhanced cooperation between the two organisations. The protocols are available on the website of the Ombudsman Commission.

These new protocols will support the Ombudsman Commission in carrying out investigations in the most effective and timely manner possible, to the benefit of both complainants and members of the Garda Síochána alike. They also reflect the commitment of the Garda Commissioner to the full co-operation of the Garda Síochána in these investigations. The revised protocols also provide that the Ombudsman Commission has access to PULSE through the two Garda Superintendents working on secondment with the Ombudsman Commission.

I also informed the House in my earlier replies that I have established a committee chaired by a senior official of my Department, with senior representatives from the Ombudsman Commission and the Garda Síochána, to act as a forum where any future emerging issues concerning the protocols can be identified and appropriately addressed.

Garda Stations Closures

Questions (70, 84)

Charlie McConalogue

Question:

70. Deputy Charlie McConalogue asked the Minister for Justice and Equality his plans to reopen a Garda Station (details supplied) in County Donegal; and if he will make a statement on the matter. [46376/13]

Charlie McConalogue

Question:

84. Deputy Charlie McConalogue asked the Minister for Justice and Equality the reason a Garda station (details supplied) in County Donegal is closed despite the fact that the station has not been listed for closure; when the station will reopen; and if he will make a statement on the matter. [46375/13]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 70 and 84 together.

Ramelton Garda station has not been identified for closure and currently there are no proposals being prepared to close Ramelton Garda station. I have however been informed by the Garda Commissioner that circumstances of a temporary nature have necessitated augmenting the policing service provided to Ramelton with personnel from nearby stations. Arrangements have been made to have the station opened to the public periodically and the opening hours are posted at the station for the information of the public.

I have been further informed by the Garda Commissioner that the public in Ramelton are advised via signs at the station to contact Milford in the event that a Garda Service is required, and phone callers to the station are automatically diverted to Milford Garda Station.

A comprehensive policing service for Ramelton is provided from the nearby District Headquarters in Milford on a 24 hour basis. This service is supplemented by staff from the nearby sub-station in Rathmullen in addition to the resources available from the Divisional Traffic & Detective Units.

The Deputy should also be aware that while the Policing plans for 2014 and 2015 have not yet been prepared, I understand, from discussions with the Garda Commissioner, 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 Investigations

Questions (71, 85)

Denis Naughten

Question:

71. Deputy Denis Naughten asked the Minister for Justice and Equality further to Parliamentary Question No. 8 of 20 June 2012, the position regarding the Garda review of the murder of Fr. Niall Molloy in Clara, County Offaly, in July 1985; if he will accede to the request by the family for an independent inquiry into the priest's violent death; and if he will make a statement on the matter. [46430/13]

Marcella Corcoran Kennedy

Question:

85. Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality in view of the fact that the Director of Public Prosecution has advised that there will be no further prosecutions in relation to the death of Fr. Niall Molloy the further steps he will take; and if he will make a statement on the matter. [45678/13]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 71 and 85 together.

The Deputy will be aware that this case was examined by the Garda Síochána Serious Crime Review team, and that a report was forwarded to the Director of Public Prosecutions. The DPP subsequently advised that, on the basis of the papers provided, there be no further prosecution in this matter.

I have recently received a detailed report from the Garda Commissioner on the outcome of the review by the Serious Crime Review Team and have studied it carefully.

I welcome the fact that this case has been reviewed extensively by the Garda Serious Crime Review Team. Under our system of law it is a matter for the criminal justice system to investigate crimes and for the Director of Public Prosecutions to decide whether persons should be charged. The Director, of course, has to assess evidence; not rumour, speculation and innuendo. It is no part of our system to establish special inquiries to investigate such killings and it would be clearly invidious if this mechanism were available to some families, but not to others. Nor is it the function of inquiries to satisfy public curiosity about particular cases; instead they are meant to address issues of genuine public interest and concern.

Wider concerns have, of course, been expressed about the case including claims that it has been subject to some sort of cover up by the State. Against that background, I am anxious to put as much information into the public domain about this matter as is possible and appropriate so as to address these claims. However, it is not open to me to publish the report of the Garda Serious Crime Review Team. First, it is, quite properly, not the practice to publish Garda reports of criminal investigations and, second, the report contains unsubstantiated allegations against named persons.

I am conscious that to leave the matter at that would allow baseless assertions to be made that I, or my colleagues in Government, have some interest in suppressing information about this case when, in fact, what is at issue is having due regard to the rule of law and protecting the rights of all.

In the circumstances, I am consulting with the Attorney General with a view to the appointment of a Senior Counsel to conduct an independent examination of the Report of the Serious Crime Review Team into this case. In the light of this examination the Senior Counsel will be asked to do two things. First, he or she will prepare a report which can be put into the public domain on any issues of public interest which may arise from the report, having regard to the rights of all those involved. Second, he or she is being asked to identify whether there are matters of significant public concern arising from this examination and, if so , whether any form of further inquiry, aside from the criminal investigation, would have a reasonable prospect of establishing the truth of such matters and would be warranted in the public interest, taking into account the fact that it is the function of the criminal justice system to investigate criminal acts. An Garda Síochána will, of course, cooperate fully with this examination.

I am taking this step solely in the interests of transparency and of bringing the advice of an independent person into consideration of this matter. I should emphasise that it does not imply in any way that I am dissatisfied with the work undertaken by the Garda Serious Crime Review Team.

Cross-Border Co-operation

Questions (72)

Joe McHugh

Question:

72. Deputy Joe McHugh asked the Minister for Justice and Equality if he will provide an update on his engagements with Minister for Justice in Northern Ireland, David Ford MLA, in respect of security in Border areas; if he will refer specifically to security concerns in rural areas here that are close to Derry City; and if he will make a statement on the matter. [45978/13]

Written answers

Minister for Justice and Equality

I maintain very regular contact with the Northern Ireland Minister of Justice, David Ford, to address matters of shared interest and to enhance co-operation on all policing and criminal justice matters on this island. The Deputy will understand that national security is not a devolved matter in Northern Ireland and, in this regard, I also meet regularly with the Secretary of State for Northern Ireland, Theresa Villiers, to address a range of matters of mutual concern, relating particularly to the security situation.

I have taken a strong interest in cross-border co-operation in policing and criminal justice on this island since taking office as Minister. This co-operation is multifaceted, including frequent ministerial contacts and day-to-day operational interaction between the police services and other relevant agencies, all aimed at improving community safety for all communities on this island including, in particular, those close to the border.

Combating the paramilitary threat is an absolute priority in both jurisdictions. The Garda Síochána work seamlessly with their Northern Ireland counterparts to tackle these criminal terrorists and the organised crime gangs to which they are inextricably linked. The Garda Commissioner and the PSNI Chief Constable repeatedly emphasise that the close and high quality co-operation between the two police services is central to combating these shared threats.

Under the Intergovernmental Agreement on Co-operation on Criminal Justice Matters Minister Ford and I operate a structured framework for co-operation involving the range of criminal justice agencies on this island. The personnel from those agencies work together in bringing forward an annual work programme of co-operation and our respective officials also meet regularly to assess and report to us on developments.

There is, of course, close and ongoing co-operation between the Garda Síochána and the PSNI on all aspects of policing. The two police services operate a joint Cross Border Policing Strategy which has as its aims to improve public safety throughout Ireland, to disrupt criminal activity and to enhance the policing capability of both police services on the island. The two police services are jointly engaged in implementing a number of initiatives in all areas of policing in all these areas with, understandably, a focus on areas close to the border, including those in the Deputy's constituency.

Court of Appeal Establishment

Questions (73)

Seamus Kirk

Question:

73. Deputy Seamus Kirk asked the Minister for Justice and Equality when the court of appeal will be up and running; and if he will make a statement on the matter. [46525/13]

Written answers

Minister for Justice and Equality

Following the successful outcome of the referendum on the proposed Thirty-third Amendment of the Constitution (Court of Appeal) Bill I will shortly bring forward an “Implementation Bill” that will deal with many practical issues in regard to the new Court of Appeal, such as the formal establishment and membership of the Court of Appeal, the appointment of judges, the organisation of the Court, and provision for the office of Registrar of the Court, among other issues. It is planned that the Bill will be enacted during the first half of 2014 and that the new Court of Appeal would be up and running in the new law term next Autumn.

My Department will be working closely with the Courts Service during this process and I can advise that an Implementation Committee has been established by the Courts Service which includes representation from my Department. The Committee, which has held its first meeting, will examine and make recommendations in relation to all aspects of administrative support for the new Court, such as organisational structure, staffing, accommodation, ICT systems and facilities, and rules of court to regulate court procedures. The aim is to ensure that the required accommodation, structures and systems are in place in time for the establishment of the new Court of Appeal.

The current level of delay in the Supreme Court of four and a half years is unsustainable for individuals and businesses seeking to pursue important appeals. The establishment of a Court of Appeal provides a long-needed reform of our courts system. It will have significant benefit for individual citizens, but will also maintain the internationally recognised standing of Ireland as a competitive and efficient economy in which to do business.

Public Sector Staff Issues

Questions (74)

Pearse Doherty

Question:

74. Deputy Pearse Doherty asked the Minister for Justice and Equality the number of staff reductions there will be following the recent budget announcements across the justice sector. [45965/13]

Written answers

Minister for Justice and Equality

Budget 2014 poses no specific job reductions on the Justice Sector. Indeed, The Deputy will be aware from the allocations made on Budget Day that the gross budget for the Justice Sector in 2014 will be close to €2.16 billion. I am glad to say that funding for current expenditure of just under €2.1 billion is €137m more than the previous government had allocated under their National Recovery Plan 2011-2014 and brings to more than €400m the additional funding I have secured over and above the amounts allocated by the previous Government.

Despite this increase in funding, the Justice sector is not immune from the overarching need to remedy the damage done to our public finances by the mismanagement of the previous administration. The sector must, of course, help reduce public expenditure and correct our public finances by operating within the Employment Control Frameworks which apply across the civil and public service. For the end of 2014 the ceiling has been set at 21,890 for the Sector, while the current level of staffing in the Sector is approximately 22,400. But I wish to ensure that we play our part in a strategic and targeted manner.

I am particularly pleased that Budget 2014 provides me with the resources to maintain the targeted objective Garda strength at 13,000 members. I was pleased to announce recently a recruitment competition for the Garda Síochána, which will see new student Gardaí entering the Garda College in 2014 - the first Garda recruitment since the previous Government stopped recruitment in 2009.

In tandem with the maintenance of Garda strength, it is also important to maintain the management and supervisory capacity of the Force. Since the Government took office, a significant number of derogations from the moratorium on appointments have been secured so that 88 Sergeant; 40 Inspector; 53 Superintendent; 17 Chief Superintendent; 4 Assistant Commissioner; and 1 Deputy Commissioner appointments could be made.

Arising from the recent Referendum a Court of Appeal will be established. Officials of my Department and the Courts Service are working to identify the staffing numbers required to establish the Court of Appeal and any necessary sanctions will be sought from my colleague the Minister for Public Expenditure and Reform.

The Justice Sector has taken its share of reductions in recent years as we work to restore the nation’s fiscal sovereignty. I am very proud of what continues to be achieved across the sector, despite the reduced resources. I will continue to fund front-line services to the greatest extent possible and I am very pleased that funding can be maintained for areas such as the Forensic Science Laboratory and the Criminal Assets Bureau, which play a central role in supporting Gardaí in the fight against organised and other serious crime.

As I said on Budget Day there are definitely positive signs, including the maintenance of the targeted objective Garda strength at 13,000; substantial investment in the Garda fleet; the commencement of a Garda recruitment campaign; building programmes in relation to An Garda Síochána, Courts and Prisons, through the PPP model and direct investment are advancing; and reform initiatives continue to deliver across the sector. None of this could have been achieved if, as Minister for Justice and Equality, I had to cope with over €400m of further cuts which would have been imposed under the previous administration's so-called National Recovery Plan 2011-14.

Extradition Arrangements

Questions (75)

Terence Flanagan

Question:

75. Deputy Terence Flanagan asked the Minister for Justice and Equality the extradition agreement, if any, Ireland has with Brazil. [41069/13]

Written answers

Minister for Justice and Equality

Ireland does not, at present, have an extradition treaty with Brazil. Following contact with the Brazilian authorities in recent times it has been agreed that Ireland and Brazil will commence negotiations on a bilateral extradition treaty. It has also been agreed that, pending the conclusion of the treaty, the two countries would accept extradition requests from each other on the basis of reciprocity.

Magdalen Laundries Issues

Questions (76)

Maureen O'Sullivan

Question:

76. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the way in which he envisages that payments will begin to be paid to the women of the Magdalen laundries as part of the redress process in view of the recent passing of another Magdalen survivor; and if he will make a statement on the matter. [45958/13]

Written answers

Minister for Justice and Equality

The Deputy will be aware that on the 25th June 2013 the Government approved the implementation of a cash lump sum payments scheme based on duration of stay in Laundries as recommended by Mr Justice Quirke. The Government also tasked an Inter-Departmental Group with giving further detailed consideration to the steps necessary to implement the other recommendations made by Mr Justice Quirke, some of which are complicated and will require legislation.

My Department established a special unit to process applications and to determine whether an applicant resided and worked in an institution covered by the scheme, the duration of their stay, and the calculation of the capital sum due to be paid to them. Over 600 applications have been received to date and are being processed.

The Report of the Interdepartmental Group was discussed and agreed at Cabinet this morning and the full details in respect of implementation of the Scheme will published over the next few days. In cases where application forms have been completed and records verified, I expect that my Department will be in a position to issue the first offers of payments of a lump sum within the next 4 to 6 weeks.

Questions Nos. 77 and 78 answered orally.