Tuesday, 10 Dec 2013

Written Answers Nos. 369-384

Military Aircraft Landings

Questions (369)

Clare Daly

Question:

369. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 727 of 5 November 2013 in which he stated that An Garda Síochána has no role in relation to the inspection of foreign State or military aircraft, which in accordance with international law enjoy sovereign immunity, and further to Parliamentary Question No. 514 of 19 November 2013 in which he stated the Garda does, of course, have powers in relation to aircraft which are not subject to immunity, both of which questions pertained to military aircraft, if he will explain which military aircraft are covered by sovereign immunity and which are not. [52899/13]

Written answers

Minister for Justice and Equality

In my previous reply I pointed out that sovereign immunity is recognised as applying in respect of foreign state or military aircraft. Commercial aircraft, including chartered aircraft carrying military personnel, are not regarded as military aircraft and the Gardai do of course have powers, such as search and entry, in relation to aircraft which are not subject to immunity.

However, these powers may only be exercised where a member of An Garda Síochána reasonably suspects that an offence has or is being committed.

As previously indicated to the Deputy, An Garda Síochána has fully investigated a number of allegations of unlawful activity at Irish airports and files have been submitted to the Director of Public Prosecutions in some of these cases, although no prosecutions have been directed. In other cases no evidence to support the allegations was disclosed.

Asylum Applications

Questions (370)

Bernard Durkan

Question:

370. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 126 of 28 November 2013, if he will clarify the current residency status in view of the fact that this is the basis of the parliamentary question; and if he will make a statement on the matter. [52915/13]

Written answers

Minister for Justice and Equality

As the Deputy is aware, if the persons concerned have made applications for asylum the position is, as I have stated on numerous occasions to the Deputy, that it is not the practice to comment on applications for so long as they are in the protection process. Accordingly, all information in relation to an ongoing protection application is a matter for the independent statutory body concerned. As the Deputy knows the statutory independent bodies have an obligation to treat all protection applications in the strictest confidence.

Capital Programme Expenditure

Questions (371)

Kevin Humphreys

Question:

371. Deputy Kevin Humphreys asked the Minister for Justice and Equality the reason for the underspend of €14 million in capital funding as recorded in the expenditure profile at end November in the most recent analysis of gross Voted expenditure Exchequer figures; if he will provide a breakdown of the capital projects or outlays that have not commenced as yet, as per the profile; if any of the €107.2 million in total capital carryover in Government moneys for 2012 relates to his Department; the amount of same; if it has been spent; on what it has been spent; and if he will make a statement on the matter. [52955/13]

Written answers

Minister for Justice and Equality

The underspend in capital expenditure against profile to the end of November relates for the most part to the Prisons Vote. The reason for the under spend is mainly accounted for by timing delays and it is expected that practically all of the capital budget for 2013 for the vote group will be expended by year end with the exception of €2.4 million on the Prisons Vote which will be carried forward into 2014 under the deferred capital provisions.

As part of a recent supplementary estimate for the Garda Síochána Vote, €5 million in capital expenditure was reprioritised within the vote group for additional investment in the Garda Transport Fleet.

There was a capital carryover of only €287,000 from 2012 to 2013 in respect of the Justice vote group and it appears that the money in question will not be expended in 2013, as the project for which it was identified will not commence until early 2014.

Firearms Licences

Questions (372)

Niall Collins

Question:

372. Deputy Niall Collins asked the Minister for Justice and Equality if he is reviewing Garda firearm licensing policy in view of a recent court case that granted licences which had previously been refused on the advice of Garda ballistic experts; and if he will make a statement on the matter. [52971/13]

Written answers

Minister for Justice and Equality

I can inform the Deputy that my Department is examining key issues relating to firearms licensing, in conjunction with An Garda Síochána. I expect to receive recommendations as a result of this process in February 2014. That process will have regard to any relevant court cases.

Misuse of Drugs

Questions (373)

Niall Collins

Question:

373. Deputy Niall Collins asked the Minister for Justice and Equality if he has reviewed the schedule of banned substances in 2010, 2011, 2012 and to date in 2013; the mechanisms in place for the updating of the schedule; and if he will make a statement on the matter. [52978/13]

Written answers

Minister for Justice and Equality

The Deputy's question is understood to be referring to the controlling of substances under the Misuse of Drugs Act 1977, as amended, whereby substances controlled are listed in schedules with differing levels of control applying to each schedule.

Given this any review of these schedules would be a matter which falls under the remit of my colleague the Minister for Health Dr. James Reilly T.D.

Garda Equipment

Questions (374, 375)

Niall Collins

Question:

374. Deputy Niall Collins asked the Minister for Justice and Equality the additional equipment An Garda Síochána has received since 2010 to assist members in roadside testing for banned substances; the number of machines available nationally for banned substance testing in 2010, 2011, 2012 and to date in 2013; and if he will make a statement on the matter. [52979/13]

Niall Collins

Question:

375. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide in tabular form a breakdown by division of the banned substance roadside-testing equipment available to An Garda Síochána; and if he will make a statement on the matter. [52980/13]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 374 and 375 together.

I am informed by an Garda Síochána that roadside testing equipment is not currently available to the Garda authorities to assist in testing for banned substances. The introduction of roadside drug testing devices is the responsibility of my colleague the Minister for Transport, Tourism and Sport, who has established, on foot of the publication of the Medical Bureau of Road Safety's Report on Roadside Drug Testing and Equipment and Related Matters in October 2012, an implementation group to examine the complex issues associated with the introduction of a roadside chemical testing device for drugs. An Garda Síochána is represented on this group and its work is ongoing.

Charities Regulation

Questions (376)

Pádraig MacLochlainn

Question:

376. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when he will fully implement the Charities Act 2009 and ensure that all charities are fully regulated to protect the reputation of the vast majority. [52995/13]

Written answers

Minister for Justice and Equality

The Charities Act 2009 provides for an integrated system of mandatory registration and proportionate regulation and supervision of the charities sector in Ireland. The various sections of the Charities Act are subject to implementation through commencement orders. Sections that it was possible to commence in advance of the establishment of the Charities Regulatory Authority, as provided for under the Act, have been commenced. The remainder will be commenced following the establishment of the Authority.

The Deputy will appreciate that the full implementation of the Charities Act, including the establishment of the Authority and Register of Charities, has resource implications that had to be examined in the context of the urgent need to reduce government expenditure. I delayed bringing this legislation into force in order to consider how best to achieve the objectives of the Act in this context. It remains an objective of the Government to strengthen the regulation of the charitable sector in effective and proportionate ways. To advance this, a public and stakeholder consultation on the implementation of the Charities Act 2009, and the establishment of a Register of Charities, was carried out by my Department earlier this year and published in July. At that time the Government also approved my plans to proceed with the establishment of an independent Charities Regulatory Authority under the terms of the 2009 Charities Act. It is envisaged that the new Authority will come into operation in 2014.

Cash for Gold Trade

Questions (377)

Pádraig MacLochlainn

Question:

377. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when he will bring in legislation to address the potential for abuse by criminals of the cash for gold system. [52996/13]

Written answers

Minister for Justice and Equality

I published a report in June, 2012 on the criminal justice aspects of the cash for gold trade. The Report prepared by my Department is available on www.justice.ie. I requested the Joint Oireachtas Committee on Justice, Equality and Defence to consider the content of the report, to ensure that it obtains the views of all relevant interested parties and that it makes such report and recommendations to the Houses of the Oireachtas and to Government as it deems proportionate and appropriate in the public interest. I received the Committee's response on 30th May, 2013, and it is currently under consideration.

Irish Prison Service

Questions (378)

Eamonn Maloney

Question:

378. Deputy Eamonn Maloney asked the Minister for Justice and Equality the progress to date by the Irish Prison Service in targeting the problem of homelessness among women; if he will provide a list of the agencies with which the Irish Prison Service has co-operated to this end; and if he will make a statement on the matter. [53003/13]

Written answers

Minister for Justice and Equality

I wish to inform the Deputy that the Irish Prison Service is represented on the Cross Departmental Team on Homelessness and the National Housing Consultative Committee on Homelessness (NHCC). The CDT and NHCC comprise a range of government and non-government bodies working towards better joined up services on homelessness and the implementation of the National Homeless Strategy. The Irish Prison Service is also represented on seven of the Regional Homeless Consultative Fora established under the provisions of the Housing (Miscellaneous) Provisions Act, 2009. Through these fora, the Irish Prison Service, in partnership with the Probation Service, has been working to ensure that the unique circumstances of homeless offenders are taken into account in the development and provision of preventative and other supporting actions for persons who are vulnerable to homelessness.

With regard to women prisoners specifically, in recent years, in addition to the direct work of probation officers on accommodation issues, a weekly clinic service has been provided in the Dóchas Centre by the Department of Social Protection Community Welfare Service through the Homeless Person's Unit (HPU). This service is co-funded by the Irish Prison Service, the Probation Service, the Department of Social Protection and four local authorities. Referrals to this service generally are at the pre-release stage and emergency and other accommodation options, supplementary benefits and fast tracked medical cards are arranged by the Community Welfare Officers (CWOs) who provide the information and clinic services. There were 241 female prisoners assisted by the HPU in-reach (CWOs) in Dóchas Centre in 2012. These 241 prisoners account for 1,138 interactions with this service. The HPU service is invaluable for the successful resettlement of offenders and a vital component of pre-release planning. Focus Ireland operates a homeless in-reach service in Limerick Prison, which also accommodates female prisoners. The Focus Ireland service provides a case management and pre-settlement service for prisoners. The service supports participants in accessing appropriate services and accommodation on the pathway to independent living.

In addition I would like to inform the Deputy that as part of the Irish Prison Service’s Strategic Plan, 2012-2015, the Service has committed itself to work in partnership with the Probation Service and other stakeholders in the statutory, community and voluntary sectors which include Dublin City Council, the Office of Public Works, the Health Service Executive and City of Dublin Education & Training Board in order to develop a strategy for dealing with women offenders and to put in place a targeted response in relation to homelessness for these women. The engagement between the Irish Prison Service and these agencies to date, has in part, concentrated on the provision of a Centre in the greater Dublin area which would target women with specific needs and would provide:

- Supported accommodation,

- Intensive case management (temporary and long term),

- Specialist addiction and mental health support, with primary care teams, and

- Day services with drop in and structured programmes, including training and educational programmes.

Priority access will be given for women from the Dóchas Centre.

In relation to the development of a centre for women, the Irish Prison Service are working with the following:

Strategic Partners:

Dublin Region Homeless Executive

Health Service Executive

The Probation Service

City of Dublin Education & Training Board

Operational Group:

The Probation Service

Dublin City Council

City of Dublin Education & Training Board

Novas Initiatives

Depaul Ireland

Heath Service Executive

Department of Social Protection

Youth Justice Strategy

Questions (379)

Eamonn Maloney

Question:

379. Deputy Eamonn Maloney asked the Minister for Justice and Equality the impact of the Garda diversion programme on anti-social behaviour and youth crime; and if he will make a statement on the matter. [53004/13]

Written answers

Minister for Justice and Equality

The Diversion Programme operates in accordance with Part 4 of the Children Act 2001, as amended, and under the general superintendence and control of the Garda Commissioner. The objective of the Diversion Programme is to divert any child who accepts responsibility for his or her criminal or anti social behaviour from committing further offences or engaging in further anti social behaviour. This is done by way of administering a formal or informal caution, thus diverting the offender away from the courts and minimising the likelihood of further offending. The Programme embraces, whenever possible, the principles of restorative justice and the programme also pays regard to the needs of the victims of youth offending.

The Programme is supported by 100 Garda Youth Diversion Projects. These projects are nationwide, community-based, multi-agency crime prevention initiatives run in partnership with An Garda Síochána and funded/overseen by my Department‘s unit within the Irish Youth Justice Service. These projects seek to divert young people from involvement in anti-social and/or criminal behaviour. They aim to bring about the conditions whereby the behavioural patterns of young people towards law and order can develop and mature through positive interventions and interaction with the projects. The projects are particularly targeted at 12-17 year old "at risk" youths in communities where a specific need has been identified and where there is a risk of these young people remaining within the criminal justice system.

The Annual Reports of the Committee appointed to monitor the effectiveness of the Diversion Programme under Part 4 of the Act 2001, as amended, include details of the number of incidents of youth crime and the number of individual children referred to the Programme each year. This information is broken down by Garda Region and Division. The reports for period 2004-2011 are available on the website of the Irish Youth Justice Service (www.iyjs.ie). I have recently received the 2012 Report and I will be in a position to publish that report shortly. The programme is seen to be successful in diverting young offenders away from crime by offering guidance and support to the young people and their families.

Questions Nos. 380 and 381 answered with Question No. 71.

Departmental Legal Cases

Questions (382, 383, 384)

Niall Collins

Question:

382. Deputy Niall Collins asked the Minister for Justice and Equality if he has considered establishing an independent review into a case (details supplied); and if he will make a statement on the matter. [53023/13]

Niall Collins

Question:

383. Deputy Niall Collins asked the Minister for Justice and Equality if he is willing to arrange a meeting with the family involved with a case (details supplied); and if he will make a statement on the matter. [53024/13]

Niall Collins

Question:

384. Deputy Niall Collins asked the Minister for Justice and Equality the future actions he is considering with regard to a case (details supplied); and if he will make a statement on the matter. [53025/13]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 382 to 384, inclusive, together.

I can inform the Deputy there are no aspects of this case currently under examination in my Department.

I am aware that the members of the family in question have pursued complaints in respect of a number of issues over a long period of time and that there was also protracted civil litigation which I believe was concluded a number of years ago.

As there is no action being taken or open to my Department in relation to these matters I do not think there would be a benefit in meeting the family.