Tuesday, 3 Dec 2013

Written Answers Nos. 299-313

Penalty Points System

Questions (299)

Peadar Tóibín

Question:

299. Deputy Peadar Tóibín asked the Minister for Justice and Equality the number of penalty points issued for each month since January 2011 and, separately, to detail their issue by county. [51726/13]

Written answers

Minister for Justice and Equality

I am informed by the Garda authorities that the Road Safety Authority, which is under the aegis of the Department of Transport, Tourism and Sport, is the statutory body responsible for the recording and publication of penalty point information.

Residency Permits

Questions (300)

Bernard Durkan

Question:

300. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in determination of eligibility for residency arising from the Zambrano Judgement in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [51740/13]

Written answers

Minister for Justice and Equality

I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, PQ No. 165 of Thursday, 17th October, 2013 - copied beneath. The position in the State of the person concerned is unchanged since then.

In April, 2007, the person concerned made an application for residency in the State on the basis of being the spouse of an EU National who was exercising her EU Treaty Rights in this State. This application was approved and the person concerned was notified to this effect by letter dated 18th August, 2008. The person concerned completed the registration formalities to the extent that his permission to remain was valid to 25th October, 2012.

Given that the person concerned was no longer residing with his EU National spouse, he was not in a position to apply for the renewal of his permission to remain on the basis of marriage to an EU national. He has, however, sought a right of residency in the State, accompanied by a right to work, based on the principles of the European Court of Justice Judgment in the Zambrano case. Once a decision has been made on this latter application, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

There is no record of an application for a Certificate of Naturalisation having been received from the person concerned. However, it will be open to him to apply to the Citizenship Division of my Department for a Certificate of Naturalisation when he is in a position to meet the lawful residency criteria applicable to the lodgement of such applications. Details on the criteria to be met by persons lodging such applications are available from the Irish Naturalisation and Immigration Service Website (www.inis.gov.ie).

Queries 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.

Garda Vetting Application Numbers

Questions (301)

Patrick O'Donovan

Question:

301. Deputy Patrick O'Donovan asked the Minister for Justice and Equality in view of the number of persons applying for Garda vetting on more than one occasion particularly those actively engaged in the local voluntary sector, if he will consider a consolidated or joined up Garda vetting system, where a person could be certified as vetted for a particular period of time rather than for a particular purpose; if he will consider making the Garda vetting process a more active process with more regular updates; and if he will make a statement on the matter. [51754/13]

Written answers

Minister for Justice and Equality

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. The current Garda vetting system is delivered in a standard format to each organisation registered with the Garda Central Vetting Unit (GCVU) for vetting purposes. The methodology used is in line with best practice internationally.

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 the organisations registered with the GCVU 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. The average processing time for vetting applications is seven weeks. This is a marked improvement on the processing times of 14 weeks which prevailed in July this year.

The Deputy may wish to note that elements of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 are under review at present and a number of amendments are planned to the legislation prior to its commencement early next year. In that context, I will also be seeking to amend the Act to minimise the extent of duplicate vetting. In particular, I will be seeking to make explicit in the Act that where more than one organisation shares the services of the same volunteer/employee, they can share a vetting disclosure, with the consent of the person who has been vetted.

Garda Vetting of Personnel

Questions (302)

Gerald Nash

Question:

302. Deputy Gerald Nash asked the Minister for Justice and Equality further to the budget announcement, when extra staff will be appointed to assist with Garda vetting; the number of extra staff that will be appointed; and if he will make a statement on the matter. [51779/13]

Written answers

Minister for Justice and Equality

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 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.

Sentencing Policy

Questions (303)

Clare Daly

Question:

303. Deputy Clare Daly asked the Minister for Justice and Equality the steps he will take to deal with excessively lenient sentencing in rape and sexual assault cases, including the possibility of mandatory custodial sentences. [51783/13]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, judges are 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 accordance with this principle, the approach of the Oireachtas has generally been to specify in law a maximum penalty for an offence, so that a court, having considered all the circumstances of the case, may impose an appropriate penalty up to that maximum. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present.

Insofar as penalties are concerned, the crime of rape is an exceptionally serious offence and the criminal law makes provision for rape to be treated with the utmost gravity. Cases are heard before the Central Criminal Court and a person convicted of rape is liable to a penalty of up to life imprisonment. The maximum penalty for sexual assault is, generally, 10 years. However, the maximum penalty increases to 14 years where the victim is a child. An important safeguard is the power of the Director of Public Prosecutions, under the Criminal Justice Act 1993, to appeal a sentence she considers unduly lenient. That is a decision for the DPP who, by law, is independent in the exercise of her functions.

The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Sentencing practice is also being developed by a steering committee of the judiciary which developed the Irish Sentencing Information System (ISIS) website, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. ISIS is being developed as a valuable tool not only for members of the judiciary but also for lawyers, researchers and those concerned with the needs of victims and their families, and I very much welcomed the initiative led by the Judiciary through the Judicial Research Office in undertaking the detailed work of gathering and providing information via the website.

The Deputy may also be aware that I have established a Penal Policy Review Group to carry out a review incorporating an examination and analysis of all aspects of penal policy including sentencing policies. I expect the Group to report early in the new year and I intend to publish that report. In addition, the Law Reform Commission has published a report on Mandatory Sentencing and the recommendations contained in the report will be fully considered in my Department together with the report of the Penal Policy Review Group when it has been finalised.

Court Sittings

Questions (304)

Paudie Coffey

Question:

304. Deputy Paudie Coffey asked the Minister for Justice and Equality the provisions that will be put in place, during the extension and refurbishment of Waterford city courthouse, to ensure that High Court cases are still heard in the city; and if he will make a statement on the matter. [51785/13]

Written answers

Minister for Justice and Equality

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that they are at an advanced stage in planning the refurbishment and extension of the courthouse in Waterford as part of the Government's infrastructure stimulus package. This will be delivered by way of Public Private Partnership along with six other courthouse projects. The procurement process for Waterford courthouse will be commencing shortly. Construction is expected to commence during 2015 with the project being completed and the courthouse becoming operational during 2016 or early in 2017. I am informed that temporary courtroom and office accommodation will be required for the construction period as the courthouse will have to be vacated. The Courts Service is currently looking at options for temporary accommodation and has indicated that, at this stage, it is not possible to say what arrangements will be in place for any particular court sittings until all options have been fully examined.

Stardust Fire

Questions (305)

Terence Flanagan

Question:

305. Deputy Terence Flanagan asked the Minister for Justice and Equality the support that has been provided to the survivors of the Stardust tragedy and victims' families for the past three years, that is, counselling, financial support and so on; his plans to re-open the investigation; and if he will make a statement on the matter. [51795/13]

Written answers

Minister for Justice and Equality

As the Deputy will recall, the independent examination by Mr. Paul Coffey SC of the case made by the Stardust Victims Committee for a renewed inquiry into the cause of the fire concluded that the original tribunal finding of arson was a hypothetical one only and that no one present on the night can be held responsible. He also concluded that in the absence of any identified evidence as to the cause of the fire, the most another inquiry would achieve would be another set of hypothetical findings, which would not be in the public interest. No grounds have been put forward which would alter these conclusions, which were endorsed in both Houses of the Oireachtas, and there are no plans to re-open the inquiry.

Funding of €424,300 including VAT was provided to assist the Victims Committee with the legal, expert and other costs of participating in the above independent examination. I can also inform the Deputy that, since the Coffey report, new arrangements have been put in place to make counselling available to those victims and bereaved who wished to access counselling services through such a channel. A number of the victims availed of this facility, which remains available. The Deputy will also recall that the question of financial compensation for the victims of the fire was addressed by the Stardust Victims Compensation Tribunal, which made compensation awards to 823 applicants.

Crime Levels

Questions (306)

Terence Flanagan

Question:

306. Deputy Terence Flanagan asked the Minister for Justice and Equality if his attention has been drawn to the recent spate of burglaries in Raheny, Dublin 5; the discussions he has had with Garda authorities on the matter; the action that is being taken to address the problem; and if he will make a statement on the matter. [51836/13]

Written answers

Minister for Justice and Equality

I am informed by the Garda authorities that the area referred to is in the Raheny Garda District. I am further informed that Garda data shows a decrease in burglaries in the Raheny area, in line with the national trend. As the Deputy may be aware the latest crime statistics show that the rate of burglary has decreased by 8.9% nationally for twelve months ending 30 June 2013 and this underlines the impact being made by Gardaí under Operation Fiacla. As part of the measures which are coordinated under Operation Fiacla, Operation Acer is in force throughout the Dublin Metropolitan Region, including Raheny. It is an intelligence driven operation and includes analysis led checkpoints and patrols to target specific areas and case manage targeted offenders. These arrangements are kept under review to ensure adjustments are made to maintain the effective focus of the operation.

Operation Acer operates alongside ongoing community policing measures, including problem solving with local communities and ongoing liaison with schools, businesses and households in providing crime prevention advice and assistance to victims of burglary. Local Garda Management closely monitors the allocation of all resources in the context of crime trends, policing needs and other operational strategies in the area to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public.

Private Security Authority Remit

Questions (307)

Olivia Mitchell

Question:

307. Deputy Olivia Mitchell asked the Minister for Justice and Equality if his attention has been drawn to the current status of the revised alarm standard being prepared by the Private Security Authority; and if he will make a statement on the matter. [51837/13]

Written answers

Minister for Justice and Equality

The Private Security Authority (PSA), an independent agency under the remit of my Department established under the Private Security Services Acts, 2004 and 2011, is the regulatory body with responsibility for regulating and licensing the private security industry in the state. I am informed by the Authority that they published an information document entitled Requirements for the Licensing of Centres Monitoring CCTV and Intruder Alarm Systems in February 2013. This document outlined proposals for dealing with the introduction of the new European standard for monitoring centres, EN 50518, and the future PSA licensing requirements for CCTV and Intruder Alarm monitoring centres. Legal issues on related issues which impacted on the development of the new standard have recently been resolved.

At its November 2013 meeting, the Board of the PSA agreed to the drafting of regulations extending licensing to CCTV Monitoring Centres together with the introduction of a new monitoring centre standard. Following on from this approval, the PSA is undertaking a public consultation process on the new standard. It is expected that this consultation process will be completed by the end of January 2014 at which stage the PSA will announce a timeframe for the licensing of CCTV Monitoring Centres and the introduction of the new standard. The Deputy has previously raised the Firearms (Secure Accommodation) Regulations, S.I. 307 of 2009, which makes reference to alarm standards and back up signalling facilities in the context of the development of the standard. My Department is consulting with An Garda Síochána and the PSA regarding updating the Regulations with a view to addressing in early 2014 the issues previously raised by the Deputy.

Garda Vetting of Personnel

Questions (308)

Éamon Ó Cuív

Question:

308. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality when Garda vetting clearance will be provided in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [51838/13]

Written answers

Minister for Justice and Equality

I am informed by the Garda authorities that a vetting application on behalf of the individual referred to by the Deputy was received by the Garda Central Vetting Unit (GCVU) on 10 October, 2013. The application is currently being processed and once completed will be returned to the registered organisation concerned. In general, Garda Vetting applications are processed on a first-come, first served basis in chronological order from date of receipt. This is with a view to observing equity and fairness in respect of all vetting subjects. Processing times fluctuate upwards and downwards depending on seasonal demands and volumes received, and depending on whether further enquiries have to be conducted with external Garda Stations or Agencies, as outlined. The average processing time for applications is currently 7 weeks approximately. However, in some instances additional inquiries may be necessary and this may result in processing times in excess of the average.

Magdalen Laundries

Questions (309)

Mary Lou McDonald

Question:

309. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide medical care for women who were admitted to and worked in the relevant Magdalen Laundries but who currently reside outside the State; and if this medical care will be delivered in the country within which they reside, if not in this State. [51840/13]

Written answers

Minister for Justice and Equality

The Deputy will be aware that legislation is required in order to implement Judge Quirke's recommendation with regard to the provision of medical services to the women who were admitted to and worked in the Magdalen Laundries, St Mary's Training Centre Stanhope Street and House of Mercy Training School, Summerhill, Wexford. My Department, in consultation with the Department of Health are working on the preparation of the necessary legislation. The issue of providing medical services to women, eligible under the Scheme, who reside outside the State will be considered by the Minister for Health.

Garda Remuneration

Questions (310)

Martin Heydon

Question:

310. Deputy Martin Heydon asked the Minister for Justice and Equality if Garda allowances due to be paid in December will be paid before Christmas to avoid a seven week gap between allowance payments; and if he will make a statement on the matter. [51873/13]

Written answers

Minister for Justice and Equality

I have been informed by the Garda Commissioner that overtime and unsocial hours payments are paid to members of An Garda Síochána up to and including the rank of Inspector. Members are paid these allowances on a 28 day roster basis, in arrears, with the payment process commencing at the beginning of each pay roster period in respect of work carried out during the previous period. There are 13 such periods in each year and there are 13 payments made each year to members of An Garda Síochána based on individual claims submitted by members. There are no plans at present to change this arrangement.

The majority of members receive this payment on the third Thursday after the end of a particular roster period. In the case of the period which ends on 8 December, this would be due to be paid on 26 December. However, the year-end payrolls are brought forward due to such matters as extra bank holidays which occur during the Christmas and New Year periods, the testing of new computer software to cater for any budgetary changes, inputting of payroll reference data changes for 2014 and the high volume of payroll administration required at the Financial Year End. This in turn means that the payroll date of 26 December has to be brought forward to 19 December. The payroll data for that pay date must be submitted by 6 December 2013. The practice outlined above has always been the case and is not a new development. Garda members always have received and will continue to receive 13 payments each year for 13 four week periods. It must also be remembered that with regard to normal salary payments, Gardaí are paid on a weekly basis and will receive their pay up to and including the pay day of 26 December before the end of the year. In fact, they will receive their salary payment for the paydays of 19 and 26 December in advance of Christmas on 17 and 19 December respectively.

Court Procedures

Questions (311)

Brian Stanley

Question:

311. Deputy Brian Stanley asked the Minister for Justice and Equality if his attention has been drawn to the fact that District and Circuit Court services are charging €15 per copy to photocopy a one page court order. [51897/13]

Written answers

Minister for Justice and Equality

I wish to inform the Deputy that fees charged in the courts are set by means of Statutory Instrument. Court fees orders are made by myself as the Minister for Justice and Equality with the consent of the Minister for Public Expenditure and Reform. The fees currently applicable are prescribed in the District Court (Fees) Order 2013 (S.I. 241 of 2013) and in the Circuit Court (Fees) Order 2013 (S.I. 240 of 2013). Those orders include a fee of €15 that is applicable per copy document and the fee is applied regardless of the number of pages the document contains.

The Deputy should be aware that the fee is not intended to reflect the cost of photocopying a document. There can be other factors involved in the transaction cost of providing the copy, for example, the application for a copy order may omit basic information needed to identify the case such as a case number or accurate court date. The Courts Service has indicated that time spent trying to identify the actual case is also taken into account. In addition, in a substantial number of cases, the copy order requested may relate to a historic case where the relevant information has been archived and there is further work involved in retrieving files and in producing orders where electronic records are not readily available.

Legal Aid Applications

Questions (312)

Brian Stanley

Question:

312. Deputy Brian Stanley asked the Minister for Justice and Equality the reason the minimum charge for legal aid services has increased from €50 to €130; and if he will consider having all or part of this waived in the case of those who are in financial difficulty. [51898/13]

Written answers

Minister for Justice and Equality

The Regulations recently introduced are intended, inter alia, to raise additional funding to be retained by the Board to better fund the provision of services to those in need of them and reduce waiting times for those services. At a time when the State is facing significant demands on its resources, an increase in contributions allows the Board to achieve its objectives without money being diverted from other programmes. The increased contributions should result in increased funding of up to €700,000 per annum being available to the Board once the increases have full impact.

There has been a very significant increase in demand for civil legal aid in the last number of years and while I have sought to protect the Board's budget, waiting times for the Board's non prioritised services have increased due to a major increase in demand for services. I believe this additional resource for the Board will assist it in tackling those waiting times. I am conscious that the increase in the minimum contribution as a percentage is significant. However I believe the contributions payable still compare favourably with other jurisdictions, many of which require ongoing payments for certain legal aid matters. Provisions remain in place to allow the contribution to be waived in hardship cases. I know that the Board has in place a process for considering applications for waivers or reductions in the contribution and that it does so where not to do so would create undue hardship.

I should point out that those Regulations abolished the contribution where a parent is seeking legal services from the Legal Aid Board to defend proceedings instituted by the Health Service Executive in relation to the welfare of the child. I took this approach on the basis that these cases are public law matters and the parent is facing the might of the State. I should also point out that all asylum seekers in receipt of civil legal services for asylum related matters will pay a once-off contribution of €10.

Garda Career Breaks

Questions (313)

Michael Healy-Rae

Question:

313. Deputy Michael Healy-Rae asked the Minister for Justice and Equality when a decision will be made on incentivised career breaks in An Garda Síochána; and if he will make a statement on the matter. [51899/13]

Written answers

Minister for Justice and Equality

The proposal for an incentivised career break for An Garda Síochána is currently under consideration and a decision on the matter will be made shortly.