Written Answers Nos. 152-158
152. Deputy Shane Ross asked the Minister for Justice and Equality to outline the way his departmental contracts for taxi companies for the purposes of taxis for the use of departmental staff are decided and allocated; if there is a public tender process for taxi companies wishing to apply for these contracts; the process for allocating the contracts; and if he will make a statement on the matter. [4648/14]
View answerTaxi services for official duties for staff of the Department of Justice and Equality are provided by a company on foot of an open, EU wide, public tender competition. This competition for Taxi Services was advertised in the Official Journal of The European Union in October 2010 and the contract awarded in May 2011 for a period of three years. The tender process was conducted in accordance with EU and Irish procurement law. It is anticipated that the replacement contract will be put to tender by the Office of Government Procurement.
153. Deputy Jack Wall asked the Minister for Justice and Equality to set out the way in which a person (details supplied) in County Kildare can change their name by deed poll; and if he will make a statement on the matter. [4665/14]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the management of the Central Office of the Four Courts, which deals with applications for change of name by deed poll, 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 have been informed that information regarding changing a person's name by deed poll is available on the Courts Service website www.courts.ie.
154. Deputy Denis Naughten asked the Minister for Justice and Equality when a decision will issue on an application to the Criminal Injuries Compensation Board in respect of a person (details supplied); if the application is deemed successful, when the person may expect payment; and if he will make a statement on the matter. [4667/14]
View answerI can inform the Deputy that under the terms of the Scheme of Compensation for Personal Injuries Criminally Inflicted, the Criminal Injuries Compensation Tribunal is entirely independent in the matter of individual applications that fall for consideration by the Tribunal. However, in order to be of assistance in the matter I have had enquiries made with the Tribunal on his behalf. I understand that the application in question has recently been submitted, along with other applications, for consideration by a Tribunal member. I am informed that as soon as the member's decision comes to hand a copy will be forwarded to the person concerned.
155. Deputy Róisín Shortall asked the Minister for Justice and Equality to explain the course of action open to a person in respect of a breach of confidentiality in a family law case in which the contents of a psychiatric report has been circulated to the opposing side by the person's own solicitor; and if he will make a statement on the matter. [4685/14]
View answerAs the matters raised by the Deputy may relate to specific court proceedings it would be inappropriate for me to comment on them specifically and I cannot, as Minister for Justice and Equality, provide what would amount to legal advice in such instances. However, in relation to what course of action may be open to a client of a solicitor who feels aggrieved by the actions of that solicitor, it should be noted that the Law Society is the statutory body responsible for the regulation of solicitors under the Solicitors Acts 1954 to 2011 and to which complaints about such grievances should be made. I would, therefore, anticipate that the Law Society would be in a position to deal with the type of matter raised by the Deputy should the aggrieved person contact them directly.
156. Deputy Róisín Shortall asked the Minister for Justice and Equality the current status of the Mountjoy Prison community works party and in view of the benefits for participants and local communities, who benefit from the work, whether he will he ensure that it is brought back into regular use. [4686/14]
View answerThe Mountjoy Prison Work Party assisted in over twenty community based building projects since it started in 1978. Subject to supervision by prison officers from the Work and Training Service of the prison, at any one time, up to six or seven prisoners were involved in providing the labour input to a range of projects. The officer in charge of the work party retired in 2009 and due to the restrictions on recruitment and promotion in recent years it has not been possible to allocate staff to this activity. Community and charitable initiatives continue in Mountjoy and indeed in other prisons. These activities include fund raising and the provision of a wide range of products for charitable organisations. Beneficiaries include Barnardos, Aware, Barretstown Gang Camp, CARI, Crumlin Children's Hospital, St. Joseph's Centre for the Visually Impaired and HOPE.
In relation to other initiatives which benefit communities the Irish Prison Service in conjunction with the Probation Service, has commenced the roll out of the Community Return Programme, an incentivised scheme for earned temporary release under which offenders who pose no threat to the community are offered early temporary release in return for supervised community service.
790 prisoners have taken part since October 2011 and 554 have completed the programme.
The Community Return Programme has been a really positive development, and as well as allowing prisoners to complete their sentence by way of performing a service to the community, has significantly helped these prisoners to successfully resettle in their communities.
157. Deputy Róisín Shortall asked the Minister for Justice and Equality if it is the case that a member of An Garda Síochána must provide his or her name to a member of the public when requested to do so; and the penalties applying if the Garda refuses or if a false name is supplied. [4693/14]
View answerI am informed by the Garda Commissioner that members on duty will, in all reasonable circumstances and when the nature of the duty permits, disclose their identity to any person directly affected by, or properly concerned with, the duty being undertaken. Where any member fails or refuses to do so, they may, depending on the circumstances involved, be liable to disciplinary proceedings.
158. Deputy Róisín Shortall asked the Minister for Justice and Equality to set out the basis on which media reporting is allowed in family law cases held in camera; the basis on which one or other of the parties to a case is allowed to object to such reporting and the way such a disagreement is resolved. [4699/14]
View answerThe commencement of Part 2 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 on 11 January 2014 allows bona fide representatives of the press to attend family law and child care court proceedings subject to strict conditions. Enabling the media to have access to, and to report on, these cases will provide valuable information to the public, judiciary and the legal profession on the administration of the law by the courts in these important areas.
The courts retain the power to exclude representatives of the press and to restrict or prohibit the publication of evidence given in the proceedings in certain circumstances. A court, under its own motion or on application to it by a party to the proceedings, can, if it is satisfied that it is necessary in order to preserve the anonymity of a party to the proceedings or taking into account the nature and circumstances of the case or in the interests of justice, exclude or otherwise restrict the attendance of the media from the court during the hearing or from particular parts of the hearing. The court may also prohibit or restrict the publication or broadcasting of any evidence given or referred to in the proceedings. The court, when making its determination as to whether to exclude members of the media or to impose reporting restrictions must, in particular, have regard to the following:
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(i) the best interests of a child to whom the proceedings relate; |
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(ii) the views, if any, of— |
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(I) a party to the proceedings, and |
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(II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views; |
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(iii) whether information given or likely to be given in evidence is sensitive personal information; |
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(iv) the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned; |
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(v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment; |
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(vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings; |
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(vii) whether information given or likely to be given in evidence is commercially sensitive information; and |
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(viii) whether information of the type referred to in subparagraphs (iii), (vi) and (vii) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate. |
Having taken all the above into consideration the court may make a ruling setting out any conditions deemed necessary to the individual case.
