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Wednesday, 20 Nov 2013

Written Answers Nos. 149-155

Closed Circuit Television Systems

Questions (150)

Robert Dowds

Question:

150. Deputy Robert Dowds asked the Minister for Justice and Equality if he will consider the installation of CCTV cameras in Garda stations and in holding cells to ensure the safety of Garda officers and those in custody; and if he will make a statement on the matter. [49677/13]

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Written answers

I am informed by the Garda authorities that seven Garda stations currently have a fully commissioned and operational internal audiovisual CCTV system installed in public and custody areas. In addition, work in relation to the installation of CCTV is currently ongoing in a further 5 stations. It is proposed that further stations will be fitted out with CCTV cameras in the context of An Garda Siochana's operational requirements and the availability of resources.

I am further advised that proposals to install CCTV cameras in Garda station cells are currently being developed by the Garda authorities.

Garda Equipment

Questions (151)

Robert Dowds

Question:

151. Deputy Robert Dowds asked the Minister for Justice and Equality if he will consider introducing, on a trial basis, the placement of mini-cameras on the uniforms of gardaí, as is being trialled in police forces in the UK, to assist gardaí in prosecuting criminals and to ensure the safety of both gardaí and the members of the public with whom they deal; and if he will make a statement on the matter. [49678/13]

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Written answers

I have requested further information from the Garda authorities on this matter and I will contact the Deputy again as soon as this information is to hand.

Garda Síochána Ombudsman Commission Remit

Questions (152)

Robert Dowds

Question:

152. Deputy Robert Dowds asked the Minister for Justice and Equality if he will consider strengthening the powers and impartiality of the Garda Síochána Ombudsman Commission; and if he will make a statement on the matter. [49679/13]

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Written answers

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.

The Garda Ombudsman has extensive powers, including full police powers of investigation under the 2005 Act, to enable it to carry out its responsibilities. I am, however, currently examining suggestions by the Ombudsman Commission for changes to the 2005 Act aimed at enhancing the process of investigating complaints, and I will bring forward proposals for any changes which I believe are necessary.

International Agreements

Questions (153)

Joan Collins

Question:

153. Deputy Joan Collins asked the Minister for Justice and Equality if he will provide the family of a child with a copy of the letter he has sent to his counterpart in Egypt seeking a bilateral agreement to bring the child home; if other family names are on the letter, if he will delete same (details supplied); and if a member of his staff will be allocated to immediately inform the family of any updates with Egyptian authorities when he receives same. [49720/13]

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Written answers

For obvious reasons, it would not be appropriate for me to comment on any family matter which may be the subject of legal proceedings now or in the future, but I can confirm that I have written to the family in question confirming as Egypt is not a contracting state to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, I have contacted my counterpart in Egypt proposing that their officials and my Department explore the possibilities of reaching an agreement as to how to assist any family when a child has been abducted. If the proposal is acceptable, any such arrangement would be subject to negotiation with the Egyptian authorities and there is no guarantee that such a proposal will be successful or that it could apply retrospectively. This is the up-to-date position in relation to what my Department is doing regarding a possible bi-lateral agreement with Egypt and the family concerned will be kept informed of relevant developments.

Drugs Crime

Questions (154)

Michael McNamara

Question:

154. Deputy Michael McNamara asked the Minister for Justice and Equality if he is considering adding possession of a controlled substance, namely cannabis resin, contrary to section 3 of the Misuse of Drugs Acts 1977 to 1984, to the schedule of offences in respect of which the adult caution scheme applies; if he will provide details of the consultation between An Garda Síochána, the Director of Public Prosecutions and his Department in respect of which the offence of possession of a controlled drug was withdrawn from the said schedule prior to the implementation of the scheme, according to the reply provided by his Department in response to a parliamentary question in 2006; and if he will make a statement on the matter. [49723/13]

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Written answers

As outlined in the reply to the Parliamentary Question to which the Deputy refers, the Adult Cautioning Scheme was introduced in 2006 as a response to a recommendation in the 1999 Nally Report on the Public Prosecution System.

The Report recommended that "as a measure to reduce the volume of cases prosecuted through the Courts" a system should be introduced whereby offenders would, in certain circumstances specified from time to time by the Director of Public Prosecutions, be issued with warnings instead of being prosecuted.

The Scheme makes provision for the administering of a caution by a senior Garda officer for certain minor offences, as an alternative to prosecution in the District Court, where prosecution is not required by the public interest and it is determined that a caution would be an effective response.

The Scheme, which was drawn up in the first instance in agreement between the Garda authorities and the Office of the Director of Public Prosecutions, is kept under review. Any proposal to expand the scheme is a matter, in the first instance, for the Garda authorities and the Director of Public Prosecutions.

As the Deputy notes it is the case that consideration was given at the time of the Scheme's introduction to include offences under section 3 of the Misuse of Drugs Acts 1977 to 1984 related to the possession of cannabis within its scope, but I understand that following consultations it was decided not to include these offences at that time.

In 2009, following a review of the Scheme by An Garda Síochána and the Office of the Director of Public Prosecutions, the schedule of offences to which the Scheme applies was extended to further include certain offences under the following Acts only - the Criminal Justice (Theft and Fraud Offence) Act 2001, the Dublin Police Act 1842, the Intoxicating Liquor Act 1927, the Licensing Act 1872 and the Summary Jurisdiction (Ireland) Amendment Act 1871.

I have not received any further proposals for the inclusion of the offences referred to by the Deputy and, accordingly, I am not considering the matter.

Legislative Measures

Questions (155)

Terence Flanagan

Question:

155. Deputy Terence Flanagan asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding section 29 of the Offences Against the State Act 1939; and if he will make a statement on the matter. [49724/13]

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Written answers

Section 29 of the Offences Against the State Act 1939 was amended by the Criminal Justice (Search Warrants) Act 2012, in response to the judgment of the Supreme Court in the case of Damache v DPP to the effect that section 29(1), as was, was unconstitutional.

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