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Tuesday, 12 Nov 2013

Written Answers Nos. 317-332

Search and Rescue Service

Questions (317)

Peadar Tóibín

Question:

317. Deputy Peadar Tóibín asked the Minister for Justice and Equality if he will provide direction for a safety procedure (details supplied) to be enforced; if this procedure is being enforced in any other region or with any other community organisation; and if he will reverse this decision and allow for Meath river rescue to operate in a fully integrated and efficient manner. [47987/13]

View answer

Written answers

I have requested a report from the Garda authorities in relation to this matter and I will further advise the Deputy when the report is to hand.

Questions Nos. 318 to 320, inclusive, answered with Question No. 308.

Criminal Injuries Compensation Tribunal Awards

Questions (321)

John O'Mahony

Question:

321. Deputy John O'Mahony asked the Minister for Justice and Equality when a person (details supplied) in County Mayo will receive their payment under the criminal injuries compensation scheme; the reason for the delay in issuing this payment; if a new tribunal has been established; and if he will make a statement on the matter. [48002/13]

View answer

Written answers

The Deputy will be aware that under the terms of the Scheme of Compensation for Personal Injuries Criminally Inflicted, the Tribunal is entirely independent in the matter of individual applications. However in order to be of assistance in this matter, I have had enquiries made with the Tribunal on your behalf and I understand that the application referred to, amongst others, is at present under consideration by a Tribunal Member. As the Deputy may be aware I have recently appointed a new Chairperson and am currently in the process of appointing ordinary members to the Tribunal.

Garda Vetting of Personnel

Questions (322)

James Bannon

Question:

322. Deputy James Bannon asked the Minister for Justice and Equality if he plans on enforcing stricter vetting in the taxi industry following safety concerns in the Longford-Westmeath region that a number of taxis pre-2007 legislation are not vetted. [48022/13]

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Written answers

The Garda Central Vetting Unit provides vetting services to organisations registered with it for that purpose. Vetting disclosures are made in respect of a particular post or employment in response to a written request from a registered organisation and with the permission of the person who is the subject of that request. The Garda Central Vetting Unit has adopted rigorous procedures in the carrying out of its function in order to ensure the integrity of the system and to maintain the highest level of confidence within the organisations who avail of its services.

Any decision regarding the suitability for a position of a particular vetting subject is a matter for the organisation concerned. In that regard the Deputy may wish to note that regulation of the taxi industry is a matter for the National Transport Authority.

Departmental Expenditure

Questions (323)

Lucinda Creighton

Question:

323. Deputy Lucinda Creighton asked the Minister for Justice and Equality if he will provide in tabular form for each year since 2003, the total cumulative amount in euro paid by his Department for non-audit services to companies (details supplied); if he will provide in tabular form for each year since 2003, the total cumulative amount in euro paid by the gardaí for non-audit services to the companies; and if he will make a statement on the matter. [48071/13]

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Written answers

Payments made by my Department for non-audited services to the specified companies for each year since 2003 are as follows:

Year

PWC

KPMG

Ernst & Young

Deloitte

Grant Thornton

2004

1,742,852

-

-

-

-

2005

2,487,852

-

-

-

-

2006

3,625,539

-

-

-

-

2007

1,321,233

-

-

-

-

2008

9,365

-

-

-

-

2009

4,572

-

-

73,507

-

2010

1,663

-

-

-

-

2011

-

-

-

6,060

-

2012

-

-

-

-

-

2013

-

-

-

-

-

Total

9,193,076

-

-

79,567

-

I am informed by the Garda authorities that the total expenditure pertaining to non-audit consultancy services to the companies referenced, is outlined in the table.

Year

PWC

KPMG

Ernst & Young

Deloitte

Grant Thornton

2004

-

-

-

-

-

2005

-

-

-

-

-

2006

-

-

-

-

-

2007

-

-

-

60,500

-

2008

-

-

-

-

-

2009

-

-

-

-

-

2010

7,260

-

-

-

-

2011

25,108

-

-

-

-

2012

155,944

-

-

-

-

2013

-

-

-

-

-

Total

188,312

-

-

60,500

-

Court Accommodation Refurbishment

Questions (324)

Michael Ring

Question:

324. Deputy Michael Ring asked the Minister for Justice and Equality if he will ascertain from the Courts Service the exact costs of works carried out in respect of a courthouse (details supplied) in County Mayo in each of the past ten years; if he will itemise the cost of the works and the timeframe of the works completion in tabular form; if he will provide a full description-narrative of the works completed; and if he will make a statement on the matter. [48103/13]

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Written answers

As the Deputy may be aware, under the provisions of the Courts Service Act 1998, management and the administration of the courts is the responsibility of the Courts Service which is independent in exercising its functions which include the provision of accommodation for court sittings.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided details of the costs and description of the works carried out since 2004 at Westport Courthouse as set out in the table.

Year

Description

Cost €

2004

Reconstructed the boundary wall

15,000.00

2005

Electrical repairs carried out

733.19

2007

Repaired lights

1,623.21

2008

Painting of windows and doors.

3,958.82

2008

Two flag poles were erected

1,585.88

2010

Repaired an air conditioning unit

726.40

2011

Repaired leaks in flat roof and toilet

938.09

2012

Repairs to chimney

537.50

* no works were carried out in 2003, 2006, 2009 and 2013 to date.

The Courts Service has requested information from the OPW on the timeframe for completion of the projects concerned. I will write to the Deputy when the information is received.

Cyber Bullying Issues

Questions (325)

Patrick O'Donovan

Question:

325. Deputy Patrick O'Donovan asked the Minister for Justice and Equality his views on the recent announcement of the New Zealand Minister for Justice to introduce a Cyber Bullying Bill which contains provision to create a new offence of incitement to commit suicide; and if he will make a statement on the matter. [48104/13]

View answer

Written answers

I am aware of the recent announcement by the Minister for Justice in New Zealand. Insofar as the law in Ireland is concerned, it is already an offence under section 2 of the Criminal Law (Suicide) Act 1993 to aid, abet, counsel or procure the suicide or attempted suicide of another person.

Departmental Expenditure

Questions (326, 333)

Lucinda Creighton

Question:

326. Deputy Lucinda Creighton asked the Minister for Justice and Equality if he will detail in tabular form for each year since 2003, the total cumulative amount in euro paid by his Department to companies (details supplied); and if he will make a statement on the matter. [48133/13]

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Lucinda Creighton

Question:

333. Deputy Lucinda Creighton asked the Minister for Justice and Equality if he will provide in tabular form for each year since 2003, the total cumulative amount in euro paid by his Department to companies (details supplied); and if he will make a statement on the matter. [48343/13]

View answer

Written answers

I propose to take Questions Nos. 326 and 333 together.

I wish to advise the Deputy that the following sums were paid to the companies listed in the table over the period from 1st January 2004 to 31st October 2013.

Year

Arthur Cox

Matheson

A&L Goodbody

McCann Fitzgerald

William Fry

Mason, Hayes, Curran

2004

€2,420

2005

€4,749

€10,304

2006

€50,553

2007

€151,845

€87,476

2008

€135,379

€4,432

€60,500

€421,063

2009

€158,771

2010

€14,149

€61,295

2011

2012

€532,941

2013

Total

€291,973

€65,289

€16,569

€900,983

€421,063

Departmental Expenditure

Questions (327)

Lucinda Creighton

Question:

327. Deputy Lucinda Creighton asked the Minister for Justice and Equality if he will provide in tabular form for each year since 2003, the total cumulative amount in euro paid by his Department to senior counsel; and if he will make a statement on the matter. [48157/13]

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Written answers

I wish to inform the Deputy that in the majority of cases legal advice is provided for my Department by the Office of the Attorney General and/or the Office of the Chief State Solicitor and as such the costs incurred are borne by those Offices. Furthermore, my Department's computer records relating to legal fees does not allow us to disaggregate the expenditure down to the level required by the Deputy, i.e Senior Counsel, Junior Counsel, etc. To extract such information, as requested, would require a disproportionate and inordinate amount of staff time and effort to compile and could not be justified in current circumstances where there are other significant demands on resources.

Recidivism Rate

Questions (328)

James Bannon

Question:

328. Deputy James Bannon asked the Minister for Justice and Equality the numbers of criminals convicted in 2012 that had committed previous offences; and if he will make a statement on the matter. [48173/13]

View answer

Written answers

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.

Cyber Bullying Issues

Questions (329)

Mary Mitchell O'Connor

Question:

329. Deputy Mary Mitchell O'Connor asked the Minister for Justice and Equality the progress made in the past year regarding the banning of a website (details supplied) in view of the anniversary of the death of two young girls who were victims of cyberbullying; and if he will make a statement on the matter. [48174/13]

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Written answers

I think it is necessary, at the outset, to set out some points that are of fundamental significance to any debate on web content and access.

Undoubtedly the web has promoted free speech and the exchange of information and ideas. It would be intolerable to hinder access to or usage of the web for such purposes. However, it is also widely accepted that there is a duty to protect vulnerable persons, especially children, from exposure to damaging content or the misuse of the opportunities for easy communication offered by the web.

We must also unfortunately recognise that the internet's global reach can make the taking of action against offending or offensive websites almost impossible.

National authorities here and elsewhere are taking actions that recognise the balance to be struck between these considerations. Their efforts are directed at counteracting misuse of the internet.

The Global Alliance against Child Sexual Abuse Online, an EU - US initiative launched during the recent Irish Presidency, is a fine example of international cooperation. That initiative is attracting very wide support, well beyond the original signatories.

At national level, my Department, through the Office for Internet Safety, supports a variety of information programmes. The Office makes information available on its website (and on linked sites) as well as through its publications, including one on cyberbullying.

'Filtering' is an approach many parents find helpful in protecting their children from online abuse. The Office also has a very helpful booklet on the topic. I encourage families to contact their service provider, most of whom have filtering available as part of the service.

My colleague, the Minister for Education and Skills has undertaken an extensive awareness raising programme on bullying, including cyberbullying, for use in schools.

While I feel most cases of cyberbullying can be dealt with at the level of the school or the workplace, with the active support of, in particular, parents, I know that in a few cases it may be necessary to invoke the criminal law, but the criminal law can be employed only when victims come forward and assist the Gardaí in building a case against their tormentors.

I recognise that it will be very difficult to eradicate cyberbullying. However, I believe the current strategy based on vigilance and increased awareness will prove to be effective in the longer term. I am satisfied that the approach that I have outlined here namely information and education rather than bans will ultimately prove to be more effective. I will, of course, be keeping an active interest in developments in this area and will take account of any new approaches that come to light.

Garda Vetting Applications

Questions (330)

Brian Walsh

Question:

330. Deputy Brian Walsh asked the Minister for Justice and Equality if he will consider introducing changes to the current Garda vetting process in order to facilitate a more expeditious time frame on processing applications; and if he will make a statement on the matter. [48191/13]

View answer

Written answers

Vetting procedures in this country are in place to protect children and vulnerable adults. As such they demand rigorous procedures to ensure their integrity and to maintain the highest level of confidence by the public and organisations availing of them.

To achieve these aims, 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.

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.

Noise Pollution Legislation

Questions (331)

Aodhán Ó Ríordáin

Question:

331. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality the powers of the gardaí in dealing with excessive noise from house parties; and if he will make a statement on the matter. [48199/13]

View answer

Written answers

As the Deputy will appreciate, legislation on noise nuisance comes within the remit of my colleague the Minister for the Environment, Community and Local Government. I am advised that currently, a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet, A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available on the Department’s website www.environ.ie.

I am informed by the Garda authorities that it is the policy of An Garda Síochána to deploy personnel to establish a highly visible and accessible service to communities to tackle crime, the fear of crime and anti-social behaviour. In this regard anyone who feels that they are subject to criminal or anti-social behaviour should report the matter to their local Garda station.

Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January 2007. Part 13 of the Act, which relates to anti-social behaviour by children, was commenced on 1 March 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. With regard to children, these range from a warning from a member of An Garda Síochána, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme and finally to the making of a behaviour order by the Children Court. With regard to adults, they include a warning and the making of a civil order by the court.

The Act provides that a person behaves in an anti-social manner if the person causes or, in the circumstances, is likely to cause, to one or more persons who are not of the same household as the person harassment, significant or persistent alarm, distress, fear or intimidation or significant or persistent impairment of their use or enjoyment of their property.

International Agreements

Questions (332)

Seán Ó Fearghaíl

Question:

332. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality if a cost-benefit analysis has been undertaken by his Department on the impact of Ireland signing the Antarctic treaty; and if he will make a statement on the matter. [48324/13]

View answer

Written answers

As this Treaty has no direct impact on my Department, no cost benefit analysis has been undertaken.

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