Written Answers Nos. 353-368
353. Deputy Michael McGrath asked the Minister for Justice and Equality the reason a panel of successful applicants for the position of members of An Garda Síochána, arising from a competition in 2008, has recently been closed even though recruitment is due to recommence shortly. [52558/13]
View answerFollowing a review of the training for Garda recruits, a revised training programme has been introduced in the Garda College. In light of this and in 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.
As the Deputy is aware I recently announced that a recruitment competition for An Garda Síochána is to commence in the coming weeks and it is expected that the first batch of new recruits will enter the Garda college in mid-2014.
354. Deputy Michael McGrath asked the Minister for Justice and Equality if he will review the upper age limit entry requirement of 35 years for entry into An Garda Síochána; if he intends to consider making an allowance for persons who were on the successful 2008 panel, but are now aged over 35 years; if he will consider making an allowance on the upper age limit requirement for serving members of the Garda Reserve; and if he will make a statement on the matter. [52559/13]
View answerThe maximum recruitment age at which candidates may apply to join the Garda Síochána as a full time member is set by regulation at not more than 35 years. The current maximum age applies without discrimination to everyone, including members of the Garda Reserve, and I have no plans to change it.
This upper age limit of 35 was set having regard to equality legislation and also took into account the following criteria: the cost of training; the need for recruits to serve for a sufficient period of time as full members of the service to recoup this cost; and the operational requirements of the service in terms of having an age profile appropriate to the physical demands placed on full time members in the course of their duty.
355. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of representations under section 3 of the Immigration Act 1999 in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [52567/13]
View answerThe person concerned entered the State on 27th December, 2007 and was granted permission to remain until 7th February, 2012, on student conditions. The person concerned was granted permission to remain, again on student conditions, for a further period of six weeks, valid to 9th September, 2013, in order to finalise his affairs in the State and to leave the State by that date.
The person concerned has remained in the State, without permission, beyond the stipulated date. Consequently, in accordance with the provisions of Section 3 of the Immigration Act 1999, the person concerned was notified, by letter dated 9th October, 2013, 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 written representations to the Minister setting out the reasons why he should not have a Deportation Order made against him. Written representations have been submitted by and on behalf of the person concerned.
The position in the State of the person concerned will now be decided by reference to the provisions of 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. All representations submitted will be considered before a final decision is made. Once a final decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
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.
356. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for subsidiary protection in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [52568/13]
View answerThe person concerned is a failed asylum applicant. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 14th May, 2009, that the then 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 written representations to the then Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for subsidiary protection.
The person concerned submitted an application for subsidiary protection. In relation to the determination of applications for subsidiary protection, the Deputy may wish to note that I recently signed into law a Statutory Instrument to introduce new procedures for the determination of subsidiary protection applications by the Offices of the Refugee Applications Commissioner at first instance and, on appeal, by the Refugee Appeals Tribunal.
When consideration of the subsidiary protection application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for subsidiary protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. Any representations submitted will be considered before a final decision is made. Once a final decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
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.
357. Deputy Ciarán Lynch asked the Minister for Justice and Equality the regulations that control the percentage of each charitable donation that may be applied to administration purposes; if all charitable organisations are required to report the percentage of each donation spent on administration; and if he will make a statement on the matter. [52579/13]
View answerThe proportion of each charitable donation that may be applied by the recipient charity to administration costs is not set in regulations.
The Charities Act 2009 is intended to increase transparency and accountability across the Charities Sector, including through the introduction of new reporting requirements for charities once the Act is in force. Under Section 52 of the Charities Act, charities will be required to provide annual reports to the independent Charities Regulatory Authority that is to be established. These reports will be made available to the public. In this way, members of the public will have access to greater information about how charities use their resources, including charitable donations. The form and content of these reports may be set in regulations by the Minister for Justice and Equality. In July, the Government approved plans for the establishment of the new Authority and it is envisaged that it will come into operation in 2014.
358. Deputy Pat Deering asked the Minister for Justice and Equality when a person (details supplied) will receive a response to their application for leave to remain. [52616/13]
View answerThe person concerned is a failed asylum applicant. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 28th February, 2011, that the then Minister proposed to make a Deportation Order in respect of her. She 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 written representations to the then Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for subsidiary protection.
The person concerned submitted an application for subsidiary protection and, in this regard, I recently signed into law a Statutory Instrument to introduce new procedures for the processing of subsidiary protection applications by the Offices of the Refugee Applications Commissioner at first instance and, on appeal, by the Refugee Appeals Tribunal.
When consideration of the subsidiary protection application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for subsidiary protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. Any representations submitted will be considered before a final decision is made. Once a final decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
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.
359. Deputy Finian McGrath asked the Minister for Justice and Equality if his attention has been drawn to the fact that pepper spray when used by gardaí will not work on persons high on snowblow or other such drugs. [52699/13]
View answerI am informed by the Garda authorities that prior to the introduction of incapacitant spray into An Garda Síochána detailed research was conducted, with appropriate qualified experts, into the effects of the spray on individuals who are under the influence of alcohol and drugs.
The findings of this research were incorporated into the Garda Policy on the Use of Incapacitant Spray which takes into account situations where the spray may not be effective.
In addition the Deputy will appreciate that, at an operational level, incapacitant spray is one of a number of tactical options which are available for deployment by Garda personnel.
360. Deputy Finian McGrath asked the Minister for Justice and Equality if his attention has been drawn to the escalation of violence against members of the public and gardaí; and when he will act on this matter. [52700/13]
View answerI am, of course, concerned about the incidence of all crime, and violent crime in particular. However, I must draw the Deputy's attention to the official recorded crime statistics, published by the Central Statistics Office, which show reductions in 12 out of the 14 categories for which figures are given in the twelve months ending 30 June 2013. In relation to concerns about street crime the figures show a substantial reduction in public order offences of 14.6%. In addition, the incidence of assault causing harm fell by 9.3%.
The commitment of An Garda Síochána to tackling violent crimes is set out in the National Policing Plan for 2013 which includes objectives to address all forms of violent crime through strong enforcement and crime prevention strategies, working with all relevant partners. In this regard there is continuing Garda participation in a wide range of local fora, including Joint Policing Committees, partnership programmes such as Community Alert and Neighbourhood Watch as well as recent innovations such as the Text Alert Scheme and the development of Garda community clinics.
The existing legislative framework provides substantial provisions to counteract this sort of crime including strong provisions under the Criminal Justice (Public Order) Acts and the Intoxication Liquor Acts. In particular, the Criminal Justice (Public Order) Act 2003 provides the Gardaí with powers to deal with late night street violence and anti-social conduct attributable to excessive drinking and the Intoxicating Liquor Act 2008 gives further powers to the Gardaí to tackle misuse of alcohol. These include provisions to allow Gardaí seize alcohol to prevent underage drinking in public places and to forestall public disorder or damage to property.
In relation to violence aimed at the Gardaí themselves, there is specific legislation in place to deal with assaults of, or threats to, emergency workers in front line positions, including members of An Garda Síochána. This is contained in section 19 of the Criminal Justice (Public Order) 1994 Act (as amended by section 185 Criminal Justice Act 2006) and provides penalties on summary conviction of a fine or a term of imprisonment not exceeding 12 months or both or, on conviction on indictment, of a fine or imprisonment for a term not exceeding 7 years or both.
I am confident that An Garda Síochána will continue to deliver a robust and appropriate response to violent crime. In this regard I am advised that local Garda Management closely monitors the allocation of all resources in the context of crime trends, policing needs and other operational strategies to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public.
361. Deputy Finian McGrath asked the Minister for Justice and Equality the timeframe for the ratification of the UN Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [52701/13]
View answerThe Government intends to proceed to ratification of the Convention as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met. As the Deputy may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including by amending domestic law as necessary.
An Inter-Departmental Committee on the Convention is monitoring the remaining legislative and administrative actions required to enable ratification. The Committee has identified as part of its work programme, issues to be considered by various Government Departments. It is a matter for those Departments to determine whether any actions are required in relation to these issues in advance of ratification and report back to the Committee. This work is ongoing in all Departments. At the Committee's request, the National Disability Authority, the lead statutory agency for the sector, is also assisting it to assess remaining requirements for ratification so as to ensure that all outstanding issues will be comprehensively addressed.
As regards my own Department one of the key requirements is the enactment of capacity legislation. The Programme for Government contains a commitment to introduce a Bill that is in line with the UN Convention on the Rights of Persons with Disabilities. The Assisted Decision - Making (Capacity) Bill, published on 17 July 2013, provides a series of options to support people with impaired capacity to make decisions and to exercise their basic rights, in line with the principles of the UN Convention. It undertakes a comprehensive reform of existing legislation governing capacity. The second stage debate of the Bill began in the Dáil on 3 December and will be completed on 11th or 12th December 2013.
The enactment of this legislation is just one of the core elements of the remaining work to be completed to enable ratification by the State of the Convention.
362. Deputy Seán Kenny asked the Minister for Justice and Equality if he will instruct the Garda Commissioner to deploy a second public order van to the Temple Bar area over the Christmas-New Year season to tackle alcohol-related crime; and if he will make a statement on the matter. [52721/13]
View answerI am informed by the Garda authorities that the Dublin City Centre Policing Plan, which is a high visibility Policing Plan for the Dublin Garda Region including Dublin City Centre, has been operational since June 2013.
I am further informed that a specific plan is in place in the Dublin City area, including the Temple Bar area, which provides dedicated high visibility patrols on key thoroughfares at relevant times dictated by crime trends, footfall and demand led studies in the area. The plan includes the deployment of a dedicated Public Order Van each Friday and Saturday from 11am to 4am.
Under Operation Aughrim routine patrols, including dedicated plain clothes foot patrols, are assigned to the Temple Bar area and adjoining streets each Friday and Saturday night. Two Gardaí from the Community Policing Unit, Pearse Street Garda Station are assigned to the area and maintain liaison with the residents, businesses and other stakeholders. Ongoing consultation is maintained with the Temple Bar Traders association and the Dublin Business Improvement District (BID).
While the deployment of specific Garda resources is of course a matter for the Garda authorities, I am advised that the situation in the area is monitored on an ongoing basis. 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.
363. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if, further to Parliamentary Question No. 158 of 20 November 2013, he will provide an update on the relevant matter. [52731/13]
View answerI am informed by the Garda authorities that the incident referred to by the Deputy was fully investigated by An Garda Síochána.
I am further informed that this investigation led to the prosecution of 6 people, five of whom pleaded guilty on 27 September 2013 to an offence contrary to Section 4 of the Public Order Act 1994 and were ordered to pay €300 each to a charity and made subject to the provisions of section 1(1) of the Probation of Offenders Act. A sixth person failed to appear before the court and a bench warrant has been issued for his arrest.
The Deputy will appreciate I have no role in relation to the prosecution or trial of offences, or with respect to judicial determinations in individual cases.
364. Deputy Willie O'Dea asked the Minister for Justice and Equality following a request for Garda clearance, the way it occurred that a person (details supplied) in County Clare was assigned the criminal convictions of a person in County Tipperary; when this matter will be rectified; and if he will make a statement on the matter. [52742/13]
View answerI am informed by the Garda authorities that a Data Protection Access request under Section 4 of the Data Protection Act was received by the Garda Central Vetting Unit (GCVU) on behalf of the individual concerned. The application was processed and a reply was returned to the individual concerned on 17 May 2013. I am informed that as a result of further correspondence, the matter is currently under investigation by the Garda Central Vetting Unit.
365. Deputy Nicky McFadden asked the Minister for Justice and Equality the current policy adopted by the Irish Prison Service in relation to temporary release as a means of dealing with over-capacity; if greater focus could be placed on non-custodial options for non-violent and less serious offenders; and if he will make a statement on the matter. [52781/13]
View answerThe Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003 provides that sentenced prisoners may be approved temporary release whether it be for a few hours or a more extended period. The Act sets out the circumstances when temporary release may be provided and what matters must be taken into account.
Before a final determination a number of factors may be taken into account including:
- the nature and gravity of the offence to which the sentence being served by the person relates;
- the sentence concerned and any recommendation made by the Court in relation to the sentence imposed;
- the period of the sentence served by the person;
- the potential threat to the safety and security of the public should the person be released;
- the person's previous criminal record;
- the risk of the person failing to return to prison at the expiration of the period of temporary release;
- the conduct of the person while in custody or while previously on temporary release;
- any report or recommendation made by the Governor, the Garda Síochána, a Probation & Welfare Officer, or any other person whom the Minister considers may be of assistance in coming to a decision as to whether to grant temporary release;
- the risk that the person might commit an offence during any period of temporary release;
- the risk of the person failing to comply with any of the conditions of temporary release;
- the likelihood that a period of temporary release might accelerate the person's reintegration into society or improve his prospects of obtaining employment.
Temporary release assists in gradually preparing suitable offenders for release and in administering short sentences, and is an incentive to prisoners. It is an important vehicle for re-integrating an offender into the community in a planned way. The generally accepted view is that the risk to the community is reduced by planned re-integration of offenders compared with their return to the community on the completion of their full sentence. Each application for temporary release for whatever reason, including those referred to in the Deputy's question, is examined on its own merits and the safety of the public is paramount when decisions are made.
The Act also provides that, I may consider prisoners for temporary release where I am of the opinion that it is necessary and expedient in order to ensure the good government of the prison concerned and to maintain good order as well as humane conditions within the prison concerned.
The Deputy will be aware that I have announced a number of initiatives and programmes to alleviate over-crowding in the prison system. The Irish Prison Service Three Year Strategic Plan (2012-2015), which is publicly available, outlines a number of measures to be undertaken including the Community Return Scheme, a closer working relationship with the Probation Service and a more structured approach to Temporary Release.
The Community Return Scheme, which was first piloted in 2011, has been rolled out nationally across all prisons. Almost 750 prisoners have taken part in the initiative since it commenced with 526 prisoners now having completed the programme. On 4 December 2013, there were 117 prisoners on the Scheme.
In addition to Community Returns, the Unlocking Community Alternatives Scheme (UCAS) and the Community Support Scheme have been set up in Cork and Mountjoy Prisons in an attempt to address the recidivism levels of those serving sentences of under 12 months from those catchment areas. The UCAS and Community Support Scheme groups are comprised of a number of prison-based personnel, representing the discipline grades and therapeutic services, as well as Community Support Workers based in the community. These Schemes will see a focus on working with short term sentenced prisoners - assisting with issues such as housing, medical care, substance abuse, training needs, etc. The aim is to increase support to prisoners - prior to their release from prison, upon their release and then for a period after their release in order to help break the cycle of re-offending. Discussions have been ongoing, in this regard, with a number of external agencies and it is hoped that further initiatives will commence in the near future.
366. Deputy Peadar Tóibín asked the Minister for Justice and Equality if he will provide a breakdown of the annual infrastructure and capital expenditure by his Department on a regional basis and a county basis over the past five years. [52803/13]
View answerI wish to advise the Deputy that it has not been possible to collate the information requested in the time available. I will forward a comprehensive response to the Deputy as soon as possible.
367. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will have a watching brief in place on behalf of his Department into the investigation by the Scottish authorities into the cause of the recent crash of a police helicopter in Glasgow in view of the similarities in the equipment involved on helicopters used by An Garda Síochána in this jurisdiction. [52859/13]
View answerThe Deputy will be aware that a number of investigations are being carried out into the recent tragic events in Glasgow and my Department will of course monitor the outcomes of these investigations.
The Deputy will also appreciate that the operation of the Garda Air Support Unit is primarily a matter for the Garda Commissioner. In that context, I am informed by the Garda authorities that they are in regular contact with Eurocopter UK whose parent company manufacturers the EC135T2 helicopter. In addition they will continue to engage with the manufacturer to ensure that all appropriate protocols and safety procedures are in place for the safe operation of the Air Support Unit.
368. Deputy Finian McGrath asked the Minister for Justice and Equality if he will provide an update on the matter of the Stardust fire tragedy in view of new information (details supplied); and if he will make a statement on the matter. [52887/13]
View answerAs 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.
