Written Answers Nos 299-316
299. Deputy John Halligan asked the Minister for Justice and Equality the criminal concerns the Garda had, as distinct from child protection concerns, in the case of the seven year old child taken from a Roma family in Tallaght; if it is criminal concerns that explains the removal of the child from the home; and if he will make a statement on the matter. [47712/13]
View answer301. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality in the case of the seven year old child taken from a Roma family in Tallaght, if the Garda contacted the Health Service Executive child protection social worker prior to acting and removing the child from the home; and if he will make a statement on the matter. [47714/13]
View answerI propose to take Questions Nos. 299 and 301 together.
As the Deputies are aware, I requested the Commissioner of An Garda Síochána to provide me with a full report in relation to this and another related case. I have now received these Reports.
I have already indicated my intention to refer these reports to the Ombudsman for Children in the context of my proposal to appoint her in accordance with section 42 of the Garda Síochána Act 2005 (as amended by section 42 of the Criminal Justice Act, 2007) to conduct an inquiry into these matter. The Deputies will appreciate that, in circumstances where it is proposed to establish an independent inquiry into these matters, it would not be appropriate to make any further comment at this time.
300. Deputy John Halligan asked the Minister for Justice and Equality the way racial profiling is used in his Department; and if he will make a statement on the matter. [47713/13]
View answer302. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if he will explain the use of racial profiling in the work of the Garda and Irish National Immigration Service and other sections of his Department; and if he will make a statement on the matter. [47715/13]
View answerI propose to take Questions Nos. 300 and 302 together.
My Department does not engage in any form of discriminatory ethnic or racial profiling. I am assured by the Garda Commissioner that the Garda Síochána does not engage in discriminatory ethnic or racial profiling, and specifically that it does not engage in data gathering or data mining based upon discriminatory profiling in respect of race, colour, language, religion, nationality, national or ethnic origin, ethnicity or membership of the traveller community. If the Deputy has any specific concerns in mind I would be happy to look into them.
303. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide an update in the application for asylum in respect of a person (details supplied). [47726/13]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned applied for asylum in the State on 27 April 2006. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner, and this decision was upheld by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 9 July 2008, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State.
On 31 July 2008, the person concerned submitted an application for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). Following consideration of the information submitted, the application was refused. The person concerned was notified of this decision by letter dated 5 March 2012. His case was then examined under Section 3(6) of the Immigration Act, 1999, (as amended), and Section 5 of the Refugee Act, 1996 (as amended), on the Prohibition of Refoulement. Following consideration of the information submitted, a Deportation Order was signed in respect of him on 9 March 2012. I am satisfied that the applications made by the person concerned for asylum, for temporary leave to remain in the State and for Subsidiary Protection, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport him is justified. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order remains an operational matter for the Garda National Immigration Bureau.
Queries in relation in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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 the INIS is, in the Deputy's view, inadequate or too long awaited.
304. Deputy Catherine Murphy asked the Minister for Justice and Equality when the recruitment of new gardaí will begin; if he will encourage the Garda Commissioner to distribute more recruits to counties such as Kildare with poor ratios of population to Garda resources; and if he will make a statement on the matter. [47747/13]
View answer305. Deputy Catherine Murphy asked the Minister for Justice and Equality the difficulties in redistributing gardaí between stations; the difficulties in redistributing gardaí between counties; and if he will make a statement on the matter. [47748/13]
View answerI propose to take Questions Nos. 304 and 305 together.
As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts, the various Garda national units and of course Garda Headquarters. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources. I recently announced that a recruitment competition for An Garda Síochána is to commence shortly and it is expected that the first batch of new recruits will enter the Garda college in mid-2014. There are a number of procedural issues that need to be finalised prior to the formal commencement of that competition and these are expected to conclude in the coming weeks. A further announcement will be issued as soon as recruitment starts, both on the Public Appointments Service website and directly to those who have registered an expression of interest in joining the Garda Síochána.
306. Deputy Eoghan Murphy asked the Minister for Justice and Equality if prisoners are permitted to own mobile phones; if not, whether he believes that many do possess such items when this is not permissible; and if he will make a statement on the matter. [47789/13]
View answerI wish to advise the Deputy that under section 36 (1) of the Prisons Act, 2007 it is a criminal offence for a prisoner to be in possession of a mobile phone without the permission of the prison governor. Only a small number of prisoners in Shelton Abbey Open Centre have the permission of the governor to be in possession of mobile phones, in keeping with its minimum security status. Further, only prisoners on Enhanced Regime are permitted this facility which is subject to close monitoring and a written agreement from the relevant prisoners regarding permissible use.
Given advances in mobile telecommunications technology, mobile phones are becoming increasingly small in size, which provides the Irish Prison Service with particular challenges in seeking to (i) prevent their entry into prisons and (ii) locate them when smuggled inside. Specialist staff, however, are employed by the Irish Prison Service to combat this problem to the greatest extent possible. Due to improvements in security within our Prisons the number of mobile phones being seized in the previous 3 years has reduced from 1,718 seizures in 2010 to 1,368 in 2011 to 1,150 in 2012. In that regard, I wish also to advise the Deputy that between 1 January 2013 and 13 October 2013, 675 mobile phones had been seized by the staff of the Irish Prison Service.
307. Deputy Clare Daly asked the Minister for Justice and Equality the entitlements a citizen has to access all court records and papers relating to a case to which he or she was a party a number of decades ago; the way he or she may access that information; and his plans to improve this access. [47807/13]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions.
In order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that court records in the sense of documents filed or issued through the court office and retained on the court file pertaining to that case may be viewed by the parties to the case and their legal representatives. Depending on the date on which a court case was concluded, the court file relating to the case may have been transferred to the National Archive, in which case persons wishing to view the file do so through the National Archive as court offices no longer have custody of those files.
In addition, court records in the sense of documents produced to the court at the hearing, such as medical reports, legal submissions, any audio recordings of the court proceedings and any transcripts of court proceedings are not retained on the case file in the court office. In accordance with Section 65(3) of the Court Officers Act 1926, these records are held by the Courts Service under the control of the presiding Judge . Access to such records is a matter for the presiding Judge who is under the Constitution independent in the exercise of his/her judicial functions.
308. Deputy Terence Flanagan asked the Minister for Justice and Equality regarding the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, if the definition of relevant work as contained in Part 1 of Schedule 1, as it relates to persons engaged in the advancement of religious beliefs, should omit specific wording directing that such activities be directed towards children or vulnerable persons; and if he will make a statement on the matter. [47875/13]
View answer310. Deputy Terence Flanagan asked the Minister for Justice and Equality the budget and the number of staff who will carry out vetting under the National Vetting Bureau (Children and Vulnerable Persons) Act 2012; if he is satisfied that there are sufficient resources to carry out this work; and if he will make a statement on the matter. [47923/13]
View answer318. Deputy Terence Flanagan asked the Minister for Justice and Equality the reason for the delay in signing the commencement order for the National Vetting Bureau (Children and Vulnerable Persons) Act 2012; when he expects to sign the order; and if he will make a statement on the matter. [47990/13]
View answer319. Deputy Terence Flanagan asked the Minister for Justice and Equality if the National Vetting Bureau will be able to set a fee for vetting disclosures; the amount that the fee will be; and if he will make a statement on the matter. [47991/13]
View answer320. Deputy Terence Flanagan asked the Minister for Justice and Equality if he has considered a fee waiver programme for groups (details supplied) that contact the national vetting bureau for vetting disclosures; and if he will make a statement on the matter. [47992/13]
View answerI propose to take Questions Nos. 308, 310 and 318 to 320, inclusive, together.
Elements of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 relating to the disclosure of convictions are under review at present having regard to a recent judgment of the UK Court of Appeal in (On the Application of) T and others v Chief Constable of Greater Manchester [2013]. The UK Court considered the circumstances in which it is appropriate to disclose convictions for old, minor offences with particular regard to Article 8 of the European Convention on Human Rights. Having considered the judgement in that case, I am bringing proposals to Government to provide that certain old minor convictions will not be disclosed under the provisions of the 2012 Act. Given the close relationship between this Act and the Spent Convictions Bill, which is before the Oireachtas at the moment, any changes to the Vetting Act will have to be reflected in the Spent Convictions Bill. The amendment of the Vetting Act will also be done via the Spent Convictions Bill. Subject to the approval of the Government, I expect to be in a position to have the 2012 Act and the Spent Convictions Bill amended in the next few months. I expect to be in a position to commence the provisions of the 2012 Act in 2014. In the meantime, the vetting of persons working with children and vulnerable persons will continue to be done on a non-mandatory basis.
Section 32 of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 provides that the Minister may, after consultation with the Garda Commissioner and the Minister for Public Service, make regulations to prescribe fees in relation to the provision of vetting services. The question of making any such regulations will not arise until such time as the Act is commenced. Any proposals to prescribe fees will likely require some consideration of waiver of fees for certain categories of vetting applicants. Currently there are no fee charges for vetting services.
The definition of relevant work in Parts 1 and 2 of Schedule 1 of the Act requires vetting of persons engaged in work or activity as a minister or priest or any other person engaged in the advancement of any religious beliefs where the work involves “relevant work or activities relating to children” or “relating to vulnerable persons”. I believe that this is the correct approach. Any of the professions listed in the schedules to the Act only require vetting in respect of work related to children or vulnerable persons. Priests or religious persons should be treated no differently in this regard than any other person or profession. For example, teachers working in schools require vetting, whereas teachers working in adult education or in Universities do not require vetting under the Act. The purpose of the Act is to protect children and vulnerable persons and the procedures within the Act must be confined within the scope of the Act.
309. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if persons had applied to join An Garda Síochána before the moratorium on recruitment and who had no decision taken on their previous applications will automatically be considered as part of any future recruitment campaign; if he will indicate when it is hoped to start recruiting to the Garda again; and if he will make a statement on the matter. [47885/13]
View answerIn view of the fact that the existing Garda recruitment panel was approximately five years old, the Commissioner determined, with my consent, that the maximum number of recruits were recruited from that panel. People not called from that panel may, of course, re-apply to join the Garda Síochána once they meet the eligibility criteria. I recently announced that a recruitment competition for An Garda Síochána is to commence shortly and it is expected that the first batch of new recruits will enter the Garda college in mid-2014. There are a number of procedural issues that need to be finalised prior to the formal commencement of that competition and these are expected to conclude in the coming weeks. A further announcement will be issued as soon as recruitment starts, both on the Public Appointments Service website and directly to those who have registered an expression of interest in joining the Garda Síochána.
311. Deputy Seán Kenny asked the Minister for Justice and Equality the number of community gardaí by rank in the Garda R and J Districts for the year 2012 and to date in 2013; when these units were last increased; his plans to increase same; and if he will make a statement on the matter. [47961/13]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts, the various Garda national units and of course Garda Headquarters. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
I have been informed by the Garda Commissioner that the personnel strength of Community Gardaí attached to the R District and J District on 31 December 2012 and on 30 September 2013, the latest date for which figures are readily available, is set out in the following table:
|
Dec 2012 |
Garda |
Sergeant |
Total |
|
District R |
36 |
4 |
40 |
|
District J |
15 |
1 |
16 |
|
Sept 2013 |
Garda |
Sergeant |
Total |
|
District R |
30 |
4 |
34 |
|
District J |
12 |
1 |
13 |
The Deputy will be aware that all Gardaí have responsibility, inter alia, to deal with Community Policing issues as and when they arise.
312. Deputy Seán Kenny asked the Minister for Justice and Equality the number of additional marked traffic jeeps and motorcycles purchased for the Garda traffic corps in the years 2011, 2012 and to date in 2013; the number that have been taken out of service in the same period; and if he will make a statement on the matter. [47962/13]
View answerDecisions 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 that context, I am advised by the Garda authorities that, while Garda vehicles may be designated as Traffic Corps vehicles by reason of their livery, all Garda vehicles are required to engage in traffic policing as part of their routine duties. Similarly, Traffic Corps vehicles are also engaged in policing duties rather than being exclusively reserved for traffic duties.
I am advised by the Garda authorities that the information requested by the Deputy is outlined in the tables;
|
YEAR |
TRAFFIC JEEPS PURCHASED |
MOTORCYCLES PURCHASED |
|
2011 |
4 |
6 |
|
2012 |
0 |
5 |
|
2013 |
0 |
0 |
|
YEAR |
TRAFFIC JEEPS WITHDRAWN |
MOTORCYCLES WITHDRAWN |
|
2011 |
2 |
19 |
|
2012 |
2 |
25 |
|
2013 |
1 |
17 |
I am conscious of the continuing pressures on the Garda fleet and, in that regard, I am very pleased to have secured a further €9m for investment in the fleet, made up of €5m between now and the end of the year and a further €4m in 2014. At this stage, arising from the additional €5m being made available between October and December, the Garda authorities have arranged for the delivery of 305 new vehicles by the end of 2013. These are in addition to the 133 new Garda vehicles already made available during the year.
I understand that the specific details in relation to the deployment of the new Garda transport have yet to be finalised but the Deputy can be assured that the vehicles will be allocated as effectively as possible in line with operational circumstances, including the requirements of the Garda Traffic Corps.
The most recent investment will bring to €18m the total amount spent on the Garda fleet for the three years 2012 to 2014. This 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. 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.
313. Deputy Derek Nolan asked the Minister for Justice and Equality if his attention has been drawn to a delay of up to 24 weeks in obtaining Garda clearance for youth workers on a community employment scheme (details supplied) in County Galway; the reason for the delay which is causing immense difficulty and distress for the managers of the CE scheme who may lose their employee allocation because of the delay; the action he will take to address the problem of delays; and if he will make a statement on the matter. [47967/13]
View answerI am informed by the Garda authorities that it is not possible to advise on the status of any specific applications in the absence of details. If the Deputy wishes to provide details of the individuals concerned including their names and dates of birth, I will have the matter examined further. More generally, the Deputy may wish to note 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.
I am informed by the Garda authorities that the current average processing time for applications is now approximately 7-9 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. Nonetheless, this is a significant improvement on the processing time of 14 weeks which existed in July this year. This improvement reflects the fact that I have given this matter particular priority as it is essential that the GCVU has the resources required to perform this most critical of roles effectively and efficiently.
In that context, I have been actively engaged on this issue with my colleague the Minister for Public Expenditure and Reform. As a result of that engagement, I am pleased to say that the Garda Commissioner has confirmed to me that there are now 136 whole time equivalent staff 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, more than double that of the average allocation of 78 staff at the Unit over the past two and a half years.
The Deputy may also wish to note that the 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 during late 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.
314. Deputy Robert Dowds asked the Minister for Justice and Equality his view on whether Ireland has adequate legislation in terms of prosecuting white collar crime; and if he will make a statement on the matter. [47978/13]
View answer315. Deputy Robert Dowds asked the Minister for Justice and Equality the sanctions that can be imposed on persons found guilty of white collar crime; and the length of sentence that can be imposed. [47979/13]
View answer316. Deputy Robert Dowds asked the Minister for Justice and Equality if he will clarify which white collar offences are civil and which are criminal. [47980/13]
View answerI propose to take Questions Nos. 314 to 316, inclusive, together.
The term 'white collar' crime is not formally defined. It broadly describes a range of non-violent crimes that people in positions of responsibility and trust commit for their own personal gain. It can cover fraud, embezzlement, insider trading on the stock market, bribery, corruption and regulatory offences in specialist fields such as financial activity, occupational health and safety, environmental protection, and food safety. My Department has responsibility for legislation addressing some aspects of white collar crime including fraud and corruption. Other aspects, such as insider trading, Companies Acts offences and environmental offences fall within the responsibility of other Government Departments.
The term “offence” is generally understood in Irish law to refer to criminal offences which attract penal sanctions. While some regulatory type legislation provides for non-penal consequences for non-compliance with statutory requirements - for example, withdrawal of an operating licence or permit where statutory obligations are not fulfilled - the focus of legislation in my Department’s area of responsibility is on criminal offences subject to trial before the courts and the imposition of penal sanctions.
There is extensive legislation on the statute book addressing white collar and corporate crime and amendments to this legislation are also considered in the light of the experience of law enforcement agencies such as the Garda Síochána and the Office of the Director of Public Prosecutions in operating the legislation and in light of relevant court rulings. Where there is an identified requirement for additional legislative provisions to further enhance existing provisions in the law, I will not hesitate in bringing forward proposals. I have made it clear to the Garda Commissioner that, if he feels there are other measures which might be taken in this area, I will give them very positive consideration.
I would draw the Deputy's particular attention to the Criminal Justice Act 2011, as a recent example of such developments in white collar crime legislation, and one which represents an important step in delivering on the Government’s commitment to tackle white collar crime. Its main purpose is to facilitate the more effective investigation of white collar crime and to reduce associated delays. The Act provides for new procedures to facilitate Garda access to essential information and documentation to assist in current and future investigations of white collar crime. The Act is targeted at specified serious and complex offences (“relevant offences”) attracting a penalty of at least 5 years imprisonment, including offences in the areas of banking and finance, company law, money laundering, fraud and corruption. The Act will provide vital assistance to the Gardaí in the completion of current investigations as well as providing assistance to them in investigations undertaken in the future.
Another recent provision of relevance to white collar crime is Part 5 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013. It makes provision for the selection of up to 15 jurors to serve in a criminal trial which is likely to last more than 2 months, with 12 jurors to be selected to consider the verdict. These provisions, which give effect to a recommendation of the Law Reform Commission’s recent Report on Jury Service, are of relevance to lengthy trials involving fraud or other complex financial matters where there is a risk of jurors becoming unavailable during the course of a protracted trial. While the breadth and diversity of the issues faced in addressing serious, organised and white collar crime are such that no one piece of legislation could effectively address it in all its facets, the overall body of legislation in place is comprehensive and, as I have outlined, is continuously under review and development in light of operational experience and other relevant considerations.
In regard to the sanctions which can be imposed on persons found guilty of white collar offences it would be unduly onerous to list every possible offence and penalty and so I will note just some of the key provisions.
Criminal Justice (Theft and Fraud Offences) Act 2001
Section 4 of the 2001 Act incriminates the dishonest appropriation of property. Section 10 incriminates false accounting, section 11 incriminates the suppression of documents with the intention of making a gain causing a loss, section 25 provides for the offence of forgery, and section 26 incriminates using a false instrument. All these offences carry a maximum ten year sentence of imprisonment and/or an unlimited fine. Section 59 requires auditors to report a range of offences under the Act. Failure to do so is itself an offence.
Prevention of Corruption Acts 1889 to 2010
The main offences of offering or accepting bribes under the Acts carry a maximum ten year sentence of imprisonment and/or an unlimited fine.
The 1889 to 2010 Acts will be replaced by the forthcoming Criminal Justice (Corruption) Bill. The Bill will:
- replace and update the offences of giving and receiving bribes contained in the old legislation
- address the bribery of foreign public officials
- provide for the liability of corporate bodies for the corrupt actions of their directors, employees and agents
- include discrete offences outlawing trading in influence
- take account of the Mahon Tribunal recommendations to criminalise the making of payments knowingly or recklessly to a third party who intends to use them as bribes.
The Bill is also intended to enhance the ability of the DPP to bring prosecutions by providing presumptions of corrupt gifts or payments such as:
- where an interested party makes a payment to a public official;
- where a public official has a lifestyle or property out of proportion to their official income and declared interests; and
- where an official accepts a gift in breach of ethical or disciplinary codes.
Penalties of up to 10 years’ imprisonment and unlimited fines are envisaged for persons convicted on indictment. It is also intended to allow a judge to order a public official convicted of an offence to forfeit their office and exclude them from seeking public office for a period of years. These forfeiture provisions will apply to all elected and senior office holders as well as a wide range of civil and public servants.
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
The 2010 Act provides a maximum sentence of 14 years’ imprisonment and/or an unlimited fine for laundering the proceeds of crime. The Act also provides a wide range of measure for the prevention and reporting of laundering by banks, accountants and other designated persons
