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Wednesday, 15 Jan 2014

Written Answers Nos. 582 - 597

Garda Station Closures

Questions (582)

Tom Fleming

Question:

582. Deputy Tom Fleming asked the Minister for Justice and Equality the number of Garda Stations that have been closed in County Kerry since 2010 and not replaced, the alternative arrangements that have been put in place to combat crime and enforce sufficient security for the residents of these mainly rural areas; and if he will make a statement on the matter. [1298/14]

View answer

Written answers

As set out in his policing plans for 2012 and 2013, the Commissioner determined that the Garda stations in the following locations in the Kerry Garda Division should be closed: Ballylongford, Moyvane, An Clochán, Camp, Fenit, Abbeydorney, Beaufort, Lauragh, Kilgarvan, Brosna, Valentia Island and Ballinskelligs.

The closure of these and other Garda Stations around the country has resulted in an additional 61,000 patrolling hours being made available to the communities right across the country. The revised structures continue to support An Garda Síochána's community policing philosophy through the clustering of services at policing hubs. This centralisation of services has facilitated the introduction of an enhanced grid patrolling system that is operational and intelligence led. This patrol system ensures that a high visibility and community oriented policing service continues to be delivered throughout the country, including in the Kerry Garda Division.

Question No. 583 answered with Question No. 563.
Question No. 584 answered with Question No. 573.

Crime Levels

Questions (585)

Finian McGrath

Question:

585. Deputy Finian McGrath asked the Minister for Justice and Equality if gardaí will act and increase patrols especially for the elderly in an area (details supplied) in Dublin 9. [1335/14]

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Written answers

I am informed by the Garda authorities that the area referred to is in the Raheny Garda District. Local Garda management is aware of current crime levels in respect of burglary offences in the area concerned and closely monitor the allocation of resources in the context of these trends, as well as other policing needs to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public.

I am further informed that Garda data shows a decrease in burglaries in the Raheny District, 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 10.4% nationally for the twelve months ending 30 September 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.

Public Sector Pensions

Questions (586)

Mary Lou McDonald

Question:

586. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide, in tabular form and year on year, the occasions on which he has signed off on the awarding of added years to public sector workers between March 2011 and December 2013; the grade of the persons awarded the added years; and the number of added years awarded in each instance. [1364/14]

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Written answers

My Department approves added years under pension scheme provisions for members of An Garda Síochána, certain public servants and unestablished civil servants. The added years arise in the context of ill-health retirements and deaths in service and the details of the pensions awarded that included added years between March 2011 and December 2013 are as follows:

Ill-Health

Year

Grade

Added years

2011

Garda

2.28

2011

Garda

2.46

2011

Garda

0.65

2011

Garda

6.67

2011

Cleaner

7.32

2011

Night Supervisor

1.98

2011

Night Supervisor

8.87

2011

Childcare Worker

2.17

2011

Childcare Worker

9.49

2011

Childcare Worker

6.67

2012

Garda

3.90

2012

Garda

1.41

2012

Garda

4.42

2012

Cleaner

6.67

2012

Cleaner

0.57

2012

Childcare Worker

4.47

2012

Community Service Supervisor

8.11

2013

Sergeant

2.15

2013

Sergeant

4.02

2013

Sergeant

6.67

2013

Cleaner

2.67

2013

Service Attendant

7.91

2013

Childcare Worker

3.66

2013

Community Service Supervisor

6.67

2013

Deputy Director

2.72

2013

Childcare Worker

8.00

2013

Night Unit Manager

6.67

Death In Service

The pension benefits in respect of a death in service provide for added years in the calculation of the death gratuity and also the annual pension payable to a surviving spouse. When a surviving spouse’s pension is payable, the added years approved by my Department represent the difference between actual service and maximum pensionable service.

Year

Grade

Added Years Death Gratuity

Surviving Spouse’s Pension

2011

Garda

2.72

2.72

2011

Garda

4.60

4.60

2011

Service Officer

5.42

no surviving spouse

2012

Garda

4.99

4.99

2012

Garda

1.03

1.03

2012

Sergeant

2.96

2.96

In cases where the amount of the death gratuity equates to one year’s pensionable pay there is no added year’s provision for the death gratuity. However, as above, when a surviving spouse’s annual pension is payable, the added years approved by my Department represent the difference between actual service and maximum pensionable service.

Year

Grade

Added Years Death Gratuity

Surviving Spouse’s Pension

2011

Garda

0.00

9.40

2011

Sergeant

0.00

20.63

2011

Sergeant

0.00

18.22

2012

Garda

0.00

16.62

2012

Garda

0.00

21.46

2013

Garda

0.00

12.67

Appointments to State Boards

Questions (587)

Mary Lou McDonald

Question:

587. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide, in tabular form and year on year, the number of commercial and non-commercial State agency board positions under the aegis of his Department filled between March 2011 and December 2013; the number of these positions that were publicly advertised; and the number of female appointments. [1380/14]

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Written answers

I am interpreting the Deputy’s question in a broad manner so as to provide the information which I believe she is seeking. The term State Boards is somewhat imprecise as it includes bodies with a wide and diverse range of functions many of which would not fall into the more commonly understood definition of Board which is a body with a governance oversight of an organisation. To be of assistance to the Deputy I have interpreted her question as embracing all bodies called Boards, irrespective of their functions, as well as other bodies with a governance remit whose title does not include the term “Board”.

Details of all appointments which occurred since March 2011 are as set out below along with details of those cases where expressions of interest were sought. Where applicable I have indicated the number of female appointees.

Children Detention Schools Board of Management

One appointment was made to the Children Detention Schools Board of Management. The position was not advertised as the appointment was made under Section 167(4)(a) of the Children Act, 2001 as amended, which requires at least one officer of the Minister. The person appointed was a civil servant.

The Deputy should note that responsibility for the Children Detention Schools Board of Management moved to the Department for Children and Youth Affairs on 1 January 2012.

Courts Service Board

The Courts Service Board has 17 members, it is chaired by the Chief Justice and includes eight other judges, the CEO of the Courts Service, persons nominated by the Law Society, Bar Council and ICTU, an elected staff representative and three persons nominated by the Minister for Justice. There have been 18 appointments of which three appointees were female. Of the 18 appointments, three were individuals nominated by myself including a civil servant from my Department.

Garda Síochána Arbitration Board

The Garda Síochána Arbitration Board is appointed by the Government and consists of a Chairperson, a member nominated by the representatives associations and a member nominated by the Government. The Chairperson is appointed on the nomination of the Ministers for Justice & Equality and Public Expenditure & Reform in agreement with the representative associations. Four appointments were made to the board.

Garda Síochána Complaints Board

Eight of the outgoing members were re-appointed as the Board, which has been replaced by the Garda Síochána Ombudsman Commission, only had a few outstanding cases on hands at that time. The outstanding cases have now been finalised and the necessary steps to close the Board are now being put in place. The 9th appointee is a civil servant. Three of the appointees are female.

Judicial Appointments Advisory Board

Eight appointments were made to the Judicial Appointments Advisory Board. The Board consists of 10 members, it is chaired by the Chief Justice and includes three other judges, the Attorney General, persons nominated by the Law Society and Bar Council and three persons nominated by the Minister for Justice and Equality. Three of the appointments were individuals nominated by myself. Five of the appointees are female.

Legal Aid Board

Fifteen appointments were made to the Legal Aid Board, nine were civil or public servants. Seven appointees are female.

Mental Health (Criminal Law) Review Board

Four appointments were made to the Mental Health (Criminal Law) Review Board. Two of the appointees are female.

National Disability Authority (NDA)

One appointment was made to the board of the National Disability Authority (NDA). I made the appointment after seeking expressions of interest of which I received 12 applications. This appointment was from a public applicant.

Parole Board

There were ten appointments made to the Parole Board. Two appointees are female.

Private Security Appeal Board

The Government appointed four people on 3 April, 2012. The proposed Chairperson appeared before the Joint Committee on Justice, Equality and Defence. One appointee is female.

Private Security Authority (PSA)

Eleven appointments were made out of which seven positions were advertised as the remaining four positions, in accordance with the relevant legislation, are to be nominated representatives from my own Department, the Department of Jobs, Enterprise and Innovation, An Garda Síochána and the PSA itself. Following my invitation for expressions of interest, a total of 29 applications were received. Six of the seven appointments made following public advertising were drawn for the applications received. Six appointees are female.

Property Registration Authority

Three appointments were made to the Property Registration Authority, of which, in accordance with the legislation, one is a nominee of the Law Society, one is a nominee of the Bar Council and the 3rd the elected Property Registration Authority staff representative. Two appointees are female.

Property Services Appeal Board

The Government made six appointments after seeking expressions of interest of which my Department received 41 applications. Those appointed were public applicants. The proposed Chairperson appeared before the Joint Committee on Justice, Equality and Defence. Three appointees are female.

Property Services Regulatory Authority

Eleven appointments were made to the Property Services Regulatory Authority (PSRA). I received 114 applications after seeking expressions of interest from members of the public. Nine of those appointed were public applicants, one is a civil servant and the Chairperson, who was a member of the Property Services Regulatory Authority Implementation Team, was appointed in order to provide continuity to the Authority which had operated on a non-statutory basis for a number of years. The proposed Chairperson appeared before the Joint Committee on Justice, Equality and Defence. Five appointees are female.

The Equality Authority and the Human Rights Commission

On 8 September 2011, the Government decided to merge the Human Rights Commission (HRC) and the Equality Authority to establish a new Irish Human Rights and Equality Commission (IHREC) to promote human rights and equality issues in a more efficient, effective and coherent way.

The 14 outgoing members of the Equality Authority (7 female, 7 male) accepted reappointment in September 2011 for a further term which concluded at the end of July 2012.

3 Commissioners (1 female, 2 male) were appointed by a Government Decision of the 20 December 2011 to the Human Rights Commission from 20 December 2011 and their term expired on the 31 May 2012.

The Working Group that I established to advise me on the practical issues in relation to the establishment of a new Commission in its Report of April 2012 recommended that an Independent Selection Panel be set up for the purpose of appointing new members. This is in line with a fundamental requirement of the Paris Principles that the members of the IHREC be independent and that the selection process be independent of Government.

In November 2012, advertisements inviting expressions of interest for the position of Chief Commissioner and of “ordinary” member appeared in the media. The independent panel forwarded its recommendation of 14 names in March 2013. While the persons recommended cannot be appointed to the IHREC in advance of the required legislation being enacted and commenced, the Government has appointed the 14 individuals (7 female, 7 male) as members of the Human Rights Commission and subsequently they will be appointed as members of the IHREC when the legislation is enacted, on a 3 year and 5 year basis to ensure that the terms of office of all members of the new Commission will not come to an end at the same time so as to preserve institutional continuity.

On 31 May 2013 I appointed 12 of their number to the Board of the Equality Authority (6 females, 6 males), under the Employment Equality Act 1998, as amended, on an interim basis of 3 years, but which will otherwise expire when the Bill to establish the IHREC is enacted and commenced and the two bodies are dissolved.

National Internship Scheme Placements

Questions (588)

Mary Lou McDonald

Question:

588. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide, in tabular form and year on year, the number of JobBridge interns taken on in his Department in 2013. [1396/14]

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Written answers

My Department is actively engaging in the Government’s jobs activation programme through participating in the National Internship Scheme – JobBridge. This scheme provides work experience placements for interns for a 6 or 9 month period. The aim is to assist in breaking the cycle where jobseekers are unable to get a job without experience, either as new entrants to the labour market after education or training or as unemployed workers wishing to learn new skills.

I am advised that the number of interns who commenced a JobBridge placement in my Department since its inception in May 2011 is as outlined in the table:

Year

Number

2011

27

2012

50

2013

15

Total

92

The Deputy will appreciate that the Department cannot offer full-time employment at the end of an internship period, as where exceptions to the moratorium on recruitment are permitted, recruitment to the Civil Service is typically governed by a process of open public competition organised under the aegis of the Public Appointments Service. JobBridge does, however, provide significant and in some cases challenging job experience opportunities to persons in need of such opportunities and better prepares them for either re-entry to the jobs market or a change in job direction.

National Internship Scheme Placements

Questions (589)

Mary Lou McDonald

Question:

589. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of positions in An Garda Síochána that have been filled using the JobBridge internship scheme in 2013. [1410/14]

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Written answers

I have been informed by the Garda Commissioner that on 4 January 2013 two participants completed their internship with An Garda Síochána. Two further internships commenced, one in July 2013 and one in August 2013. A further 4 internship opportunities were advertised in 2013 and it is anticipated that these positions will be filled during 2014. In addition, it is envisaged that additional internship opportunities, currently receiving consideration, will be advertised during the year.

Crime Data

Questions (590)

Finian McGrath

Question:

590. Deputy Finian McGrath asked the Minister for Justice and Equality if An Garda Síochána has any general evidence or statistics on criminal gangs using bookie shops or casinos to launder money; and if there have been any prosecutions [1413/14]

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 in this regard when the report is to hand.

Criminal Law Review

Questions (591)

Kevin Humphreys

Question:

591. Deputy Kevin Humphreys asked the Minister for Justice and Equality if it is a criminal offence not to offer assistance to a person in serious danger to themselves or their life; in the context of an incident (details supplied) his plans to introduce laws similar to those in France; and if he will make a statement on the matter. [1428/14]

View answer

Written answers

It is not a criminal offence not to offer assistance. There are no plans to introduce legislation in this regard. The provision of healthcare services is regulated by legislation falling under the aegis of the Minister for Health.

Gambling Legislation

Questions (592)

Finian McGrath

Question:

592. Deputy Finian McGrath asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding the gambling control Bill. [1464/14]

View answer

Written answers

I have answered three Parliamentary Questions recently on the subject matter of the correspondence referred to by the Deputy. I have no further comment to make nor do I have any additional information that I can add. In these circumstance, I would refer the Deputy to my answers to the three Questions I have mentioned :

PQ Number

Answered on

Number on that day

54632/13

18 December 2013

No. 168

54673/13

18 December 2013

No. 178

54945/13

19 December 2013

No. 256

Crime Data

Questions (593)

Seán Kenny

Question:

593. Deputy Seán Kenny asked the Minister for Justice and Equality the crime statistics for the Garda J and R Districts in 2012. [1496/14]

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.

Citizenship Applications

Questions (594)

Joe McHugh

Question:

594. Deputy Joe McHugh asked the Minister for Justice and Equality the position regarding the citizenship application process; the nature of systematic correspondence from his Department to applicants; his plans to improve the levels of communication with applicants while applications are being processed; his views on whether the current system in some instances is constrictive for applicants in that a lack of information prevents applicants from travelling abroad because of potential summons at short notice to ceremonies, for example; and if he will make a statement on the matter. [1621/14]

View answer

Written answers

I am sure the Deputy will appreciate that the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

As a general comment I am somewhat surprised by the matters raised in this question. When I came into office there was a backlog of approximately 22,000 applications for naturalisation with cases taking 2 years and sometimes significantly more to process. Rightly so, there were major criticisms of these delays and I set about addressing this matter with the result that today most standard cases are being processed in less than six months. This essentially means that applicants are required to attend citizenship ceremonies at reasonably short notice. I must say that, having attended and officiated at almost all ceremonies, my experience is that the candidates are universally appreciative of the reduced timescales for processing their applications as well as being immensely proud of becoming Irish citizens. As outlined in the following paragraphs, information is provided at the various stages to applicants and arrangements can be made to reschedule candidates scheduled for a particular ceremony if they cannot attend.

The procedures employed to assess an applicant for naturalisation include an initial examination upon receipt of each application to determine if the statutory application is completed fully. Incomplete application forms are returned to the applicant for further attention while valid applications are examined to determine if the applicant meets the statutory criteria set out in the Irish Nationality and Citizenship Act such as good character and lawful residence and enquiries are made, as appropriate, with relevant Departments and agencies to establish if the applicant meets the requirements for the granting of naturalisation. It should be noted that my Department keeps applicants informed of the status of their application at each stage of processing. Once these processes are completed, the application is submitted to me for a decision which is made in my absolute discretion under the Act by assessing the entirety of the information available to me. All applicants are then informed of my decision in writing.

Successful applicants are then advised by letter of my intention to grant citizenship and they are requested to submit the prescribed fee and other documents, including their up-to-date GNIB card. On receipt of the fee and documentation, the case is finalised and in due course the person is invited to attend a citizenship ceremony at which they required to make a declaration of fidelity to the Irish nation and loyalty to the State and receive their certificate of naturalisation.

Candidates are informed that if the ceremony date does not suit them they are not obliged to attend. However, due to the volume of applications, it may take some months before an alternative invitation can issue. Invitations are generally issued between two and a half and four weeks prior to a ceremony.

I can assure the Deputy that the Citizenship Unit makes every effort to ensure that as much notice as possible is afforded to candidates and to take account of individual circumstances. However, in this context, it should be noted that candidates are required to submit the required fee and documentation within approximately six months of notification of my intention to grant the application and failure to do so or repeated failure to attend a citizenship ceremony may result in a requirement for a new application as fresh verification and checks will be necessary.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically 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 INIS is, in the Deputy’s view, inadequate or too long awaited.

Illicit Trade in Tobacco

Questions (595)

Luke 'Ming' Flanagan

Question:

595. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality the cost of all of the resources, salaries, vehicles, fuel and ancillary items An Garda Síochána incurred specifically and exclusively in the effort to prevent, counter and fight the importation and sale of illegal cigarettes for the year 2012; and if he will make a statement on the matter. [1687/14]

View answer

Written answers

I refer the Deputy to my reply to his Parliamentary Question No. 169 (ref: 54483/13) of Wednesday, 18th December, 2013 which was practically identical to the current Question.

In that reply I advised the Deputy that law enforcement in relation to the smuggling of tobacco products and the sale of illicit or counterfeit tobacco products and the sale of illicit or counterfeit tobacco products within the State is primarily a matter for the Revenue Commissioners. Penalties for these offences are set out in the Finance Acts and are a matter for the Minister for Finance.

In targeting the illicit tobacco trade there is close cooperation between the Customs Service of the Revenue Commissioners and An Garda Síochána. Searches are regularly undertaken by An Garda as part of intelligence-led operations led by Revenue. An Garda Síochána also continues, on a district and divisional level, to target those involved in the sale and distribution of illegal products, at markets and via door-to-door sales.

In addition to national actions there is very considerable cross border co-operation in place among the relevant law enforcement agencies to tackle this illegal trade. In that regard, the Criminal Assets Bureau continues to actively participate in the Cross Border Tobacco Enforcement Group which was established in May 2010. This group also includes representatives from the Revenue Commissioners, the Police Service of Northern Ireland, Her Majesty's Revenue and Customs and the National Crime Agency.

As I have previously informed the Deputy, I understand from the Garda authorities that it is not possible to isolate the costs incurred by the Force in combating illegal cigarettes and that the extraction of this information would require a disproportionate amount of Garda resources.

Garda Disciplinary Proceedings

Questions (596)

Michael Healy-Rae

Question:

596. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the reason the State has refused to pay the legal cost of two members of An Garda Síochána who were accused of assaulting a violent teenager (details supplied); the reason no defence was entered on behalf of An Garda Síochána by the State which employs them in the first place; and if he will make a statement on the matter. [1689/14]

View answer

Written answers

Section 49 of the Garda Síochána Act 2005 provides that the Minister may contribute to the legal costs of a member of the Garda Síochána who is charged with a criminal offence if any of the acts that are alleged to constitute the offence was directly related to the performance of the member's functions.

No application for a contribution towards legal costs has been received to date in my Department from either member involved in the case referred to by the Deputy. It would not be appropriate for the Minister to comment on the conduct of cases where criminal proceedings are initiated against individuals, including members of the Garda Síochána.

Residential Institutions Redress Scheme

Questions (597)

Mary Lou McDonald

Question:

597. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide in tabular form a breakdown of the applications to date to the Magdalen Laundries Redress Scheme by country of residence. [1714/14]

View answer

Written answers

A tabular breakdown of the applications received to date, by country of residence, under the ex gratia Scheme for women who were admitted to and worked in the Magdalen Laundries, St Mary's Training Centre, Stanhope St, and House of Mercy Training School, Summerhill, Wexford, is set out below for the Deputy's information.

Applications to Magdalen Scheme by country of residence

Country

No. of Applications

Ireland

516

Australia

4

Cyprus

2

England

126

Germany

1

Northern Ireland

5

Scotland

2

Switzerland

1

USA

9

Wales

3

Total

669

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