Tuesday, 11 Feb 2014

Written Answers Nos. 432-448

Crime Data

Questions (432, 433)

Gerry Adams

Question:

432. Deputy Gerry Adams asked the Minister for Justice and Equality the current Garda arrest rate in respect of burglaries in the Dundalk and north Louth area. [6275/14]

Gerry Adams

Question:

433. Deputy Gerry Adams asked the Minister for Justice and Equality the Garda arrest rate in respect of burglaries in the Dundalk and north Louth area each year since 2008. [6276/14]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 432 and 433 together.

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. The CSO publishes statistics on the number of criminal incidents recorded and detected, as well as proceedings commenced and convictions. I have requested the CSO to provide such relevant information as is available directly to the Deputy.

Question No. 434 answered with Question No. 419.

Direct Provision System

Questions (435)

Patrick Nulty

Question:

435. Deputy Patrick Nulty asked the Minister for Justice and Equality if he has considered the recommendations by both national and international commentators on reviewing the direct provision system; if he has considered the 2011 report by the UN Committee on the Elimination of Racial Discrimination and the report of the Special Rapporteur on Child Protection, Mr. Geoffrey Shannon, in 2011 which called for an examination to establish whether the direct provision system itself was detrimental to child welfare and development and if alternative forms of accommodation and support would be more suitable; and if he will make a statement on the matter. [6304/14]

Written answers

Minister for Justice and Equality

I have considered these reports and recommendations. The position is that the Reception & Integration Agency (RIA) of my Department is responsible for the administration of the system of Direct Provision accommodation. Currently, there are 4,365 asylum seekers being accommodated in 34 accommodation centres throughout the State under contract to RIA.

The operation of the Direct Provision system is kept under constant review and I have consistently acknowledged that the length of time that residents spend in Direct Provision is an issue to be addressed. I have no desire to have applicants remain in the protection system any longer than the minimum period it takes to process their case. The direct provision system is not ideal but it is a system which facilitates the State providing a roof over the head of those seeking asylum or seeking other grounds to be allowed, on humanitarian grounds, to stay in the State. It allows the State to do it in a manner that facilitates resources being used economically in circumstances where the State is under financial difficulty.

No Government can afford to ignore the likely consequences of any change to the Direct Provision system. The system cannot exist solely in its own context. It is inextricably linked to the surrounding international protection process. By its very nature, the processing of applications for international protection is a solemn and complex task which does not always lend itself to achieving speedy outcomes. The overall length of time taken to process asylum application cases to their finality is determined not just by the length of time taken to process the cases by the independent refugee determination bodies and by the Irish Naturalisation and Immigration Service (INIS) but also by the time needed to determine the outcome of any legal proceedings taken by the applicant during that process. A substantial proportion of cases in the High Court relate to judicial review proceedings taken or decisions reached in the international protection area.

My resolve therefore is to deal with the factors which lead to delays in the processing of cases so that asylum seekers spend as little time as is necessary in that accommodation system. To that end, the Immigration, Residence and Protection Bill, which I will re-publish later this year, should substantially simplify and streamline the existing arrangements for asylum, subsidiary protection and leave to remain applications. It will do this by making provision for the establishment of a single application procedure, so that applicants can be provided with a final decision on all aspects of their protection application in a more straight forward and timely fashion. I have also recently signed into law new Regulations relating to the processing of subsidiary protection applications. Once the new arrangements have bedded down, the aim is for subsidiary protection applications currently on hand to be processed to finality by the statutory bodies concerned in the shortest possible time frame consistent with quality and fair assessment of all cases and of course, subject to the cooperation of applicants and no further legal impediments arising.

In those circumstances it is anticipated that very significant inroads can be made on the caseload by the end of 2014.

In relation to children in the Direct Provision system, I have recounted in detail to the Oireachtas on numerous occasions the ways in which RIA affords the highest priority to the safeguarding and protection of children. These include the full implementation of the Children First Guidelines as well Garda vetting of all RIA centre staff. RIA has a fully staffed Child and Family Services Unit, the head of which is seconded from the HSE. Moreover, details of the types of facilities and supports available to children are provided on RIA's Annual Report for 2012 which can be found on the website at www.ria.gov.ie. Its 2013 Annual Report will be published before the end of March, 2014.

Youth Services Funding

Questions (436)

John Deasy

Question:

436. Deputy John Deasy asked the Minister for Justice and Equality the funding programmes that are available from his Department to assist projects involved in youth diversion and rehabilitation; and to whom applications for State support should be directed in each instance. [6326/14]

Written answers

Minister for Justice and Equality

My Department, through the Community Programmes Unit of the Irish Youth Justice Service, manages the funding and the delivery of 100 Garda Youth Diversion Projects (GYDP) nationwide and 5 local Drug Task Force (LDTFs) projects. The GYDPs, which are staffed by two youth justice workers, are managed locally by community based organisations working with a local project committee which is chaired by the local Garda District Officer. The LDTF projects, which work closely with their collocated GYDP projects, are staffed with a drugs and alcohol worker and operate a referral system from Gardai, parents and other sources and may also refer onwards to assessment and treatment centres. The project committees are required to submit detailed plans with budgetary costings annually to the Community Programmes Unit.

The GYDP projects are community-based, multi-agency, crime prevention initiatives which are designed to engage with and seek to divert young people from becoming involved in or further involved in anti-social and/or criminal behaviour. They operate in support of the statutory Garda Diversion Programme and 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 project. 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 them remaining within the justice system. The approach is supported by a risk assessment of participants designed to identify their needs and to enable a project to plan interventions that provide the best possible outcome for the participant.

Child Abduction

Questions (437)

Joe Higgins

Question:

437. Deputy Joe Higgins asked the Minister for Justice and Equality if his attention has been drawn to a case of abduction of a child (details supplied); if he considers that the State has a responsibility to ensure that the mother's right to primary care of her child is upheld in view of the fact that the flight risk was communicated to the social worker in advance of the abduction; and the actions he or State bodies are taking to ensure this right is upheld. [6423/14]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, it would not be appropriate for me to comment on individual cases that may be or have been the subject of an application under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

The procedures for dealing with cases of international parental child abduction involving countries who are party to the Hague Convention are set out in the Child Abduction and Enforcement of Custody Orders Act 1991. A network of Central Authorities have been established in contracting states to facilitate applications and the Irish Central Authority for International Child Abduction is part of my Department. I understand that the mother in question is in contact with the Irish Central Authority and that the Authority continues to keep her informed as the matter progresses in another jurisdiction.

Garda Vetting Legislation

Questions (438, 440)

Pádraig MacLochlainn

Question:

438. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when the National Vetting Bureau (Children and Vulnerable Persons) Bill 2012 will be fully enacted. [6437/14]

Pádraig MacLochlainn

Question:

440. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he intends to introduce amendments to the National Vetting Bureau (Children and Vulnerable Persons) Bill 2012 that would dilute the requirement for fresh vetting applications for each new position created working with children or vulnerable persons, either salaried or voluntary. [6439/14]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 438 and 440 together.

The National Vetting Bureau (Children and Vulnerable Persons) Act was enacted in 2012. However, it has not yet been commenced.

Elements of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 relating to the disclosure of convictions are under review at present having regard to a recent judgment of the UK Court of Appeal in (On the Application of) T and others v Chief Constable of Greater Manchester [2013]. The UK Court considered the circumstances in which it is appropriate to disclose convictions for old, minor offences with particular regard to Article 8 of the European Convention on Human Rights. Having considered the judgement in that case, I intend bringing proposals before the Oireachtas to provide that certain old minor convictions will not be disclosed under the provisions of the 2012 Act. Given the close relationship between this Act and the Spent Convictions Bill, which is before the Oireachtas at the moment, any changes to the Vetting Act will have to be reflected in the Spent Convictions Bill. The amendment of the Vetting Act will also be done via the Spent Convictions Bill.

Following amendment of the 2012 Act by the Oireachtas, I expect to be in a position to commence the provisions of the 2012 Act in the autumn of 2014.

In the meantime, the vetting of persons working with children and vulnerable persons continues to be done on a non-statutory basis.

I do not intend to introduce amendments to dilute the requirement for organisations to obtain up-to-date vetting applications when recruiting people to a new position. However, the amendments which I will be proposing to the Vetting Act will make it clear that where two or more organisations are jointly responsible for vetting the same individual, they may agree in writing that one of the organisations will be responsible for conducting the vetting.

The procedures set out in section 2 of the Data Protection Acts mean that vetting disclosure data could only be shared in very limited circumstances. Firstly there is a requirement that the person concerned must explicitly agree that their personal data can be processed by any organisations. Secondly, sensitive personal information can only be processed if it is accurate and up-to-date. Organisations could not process old vetting disclosures, with a view to employing a person, because the information contained in the disclosure may not be accurate, current and up-to-date.

Garda Vetting Applications

Questions (439)

Pádraig MacLochlainn

Question:

439. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the resources he has allocated to the Garda vetting bureau; the average waiting times at present for vetting applications; and his plans to improve efficiency and waiting times for applicants in the future. [6438/14]

Written answers

Minister for Justice and Equality

I am committed to ensuring that An Garda Síochána has the resources to perform this most essential of tasks. In that regard, during 2013 I received sanction from the Minister for Public Expenditure and Reform for the redeployment of additional staff from the Department of Agriculture and Food to the Garda Síochána specifically to work in the Vetting unit.

I am informed that there are now 174 whole-time equivalent staff assigned to the Garda Central Vetting Unit (GCVU), an 87% increase on the staffing level at the end of December 2012 when 93 staff were assigned to the GCVU. The number of vetting applications received by the Garda Central Vetting Unit (GCVU) each year has risen from 187,864 in 2007 to 381,082 in 2013.

I am also informed that the current average processing time for applications is approximately six weeks from date of receipt. Processing times fluctuate upwards and downwards depending on seasonal demands and volumes received, and on whether further enquiries have to be conducted with Garda Stations or other agencies. A number of recently deployed staff are still undergoing training and when this training has been completed, I expect there will be a further positive effect on vetting times.

The Deputy may also wish to note that the development of an e-Vetting solution is well underway. This will facilitate the processing of applications in an e-format, thus removing the time-consuming current process of manually managing applications received. In streamlining the overall vetting process in this jurisdiction, the new system will further contribute to reductions in processing times for all vetting applications.

Question No. 440 answered with Question No. 438.

Citizenship Applications

Questions (441)

Dara Calleary

Question:

441. Deputy Dara Calleary asked the Minister for Justice and Equality when a family (details supplied) in County Mayo will have their citizenship confirmed; and if he will make a statement on the matter. [6447/14]

Written answers

Minister for Justice and Equality

There is no record of any citizenship applications in my Department in respect of the persons whose details were supplied.

Departmental Contracts Data

Questions (442)

Billy Kelleher

Question:

442. Deputy Billy Kelleher asked the Minister for Justice and Equality if he will name each company awarded a contract for the provision of professional services by his Department and agencies under his aegis since May 2011; the value and purpose of the contract; if a competitive tendering process was undertaken in line with public procurement best practice; and if he will make a statement on the matter. [6459/14]

Written answers

Minister for Justice and Equality

I wish to inform the Deputy that the information sought is not readily available. The only manner in which my Department can identify professional services is by reference to the automatic deduction of Professional Withholding Tax which applies to a broad range of services. The list of transactions covered is voluminous and the detailed contract information requested by the Deputy cannot be extracted without examining each individual file. To conduct such an examination would require the expenditure of a disproportionate and inordinate amount of staff time and effort in order to compile the information sought which could not be justified in current circumstances where there are other significant demands on resources. I also wish to advise the Deputy that I am not responsible to the Dáil for operational matters concerning independent statutory bodies under the remit of my Department.

In relation to competitive tendering and best procurement practice I can inform the Deputy that this area is subject to ongoing oversight and review within my Department at various levels including by the internal audit team. I can also confirm that all Divisions within my Department are aware of public procurement guidelines.

Sexual Offences Data

Questions (443)

Seán Kenny

Question:

443. Deputy Seán Kenny asked the Minister for Justice and Equality his views on the compensation of victims in lieu of prison sentencing for sexual offences; his views on when it is appropriate to remove a person from the sexual offenders register when compensation is paid; and if he will make a statement on the matter. [6467/14]

Written answers

Minister for Justice and Equality

The Criminal Justice Act 1993 gives the courts a statutory power to order a person convicted of an offence to pay compensation to a person who has suffered personal injury or loss resulting from the offence. Section 6 of the 1993 Act provides that a court may (on application or otherwise) make a compensation order against a person convicted of an offence instead of or in addition to dealing with the offender in any other way, unless it sees reason to the contrary.

From time to time, issues can arise with sentences imposed in cases where financial compensation offered to the victim by the offender is regarded as a mitigating factor by the court when sentencing the offender. This, I believe, is particularly inappropriate in cases involving serious offences, where the requirement to impose an appropriate penalty for the crime should not be confused with the court’s power to separately award compensation to the victim for personal injury or loss.

Last week, the Government approved the drafting of the Criminal Justice (Community Sanctions) Bill and the publication of the General Scheme of the Bill. The proposed legislation will replace the Probation of Offenders Act 1907 with modern provisions dealing with community sanctions and the role of the Probation Service in the criminal justice system.

It is my intention to break the link between the payment of compensation and the sentencing of offenders in criminal proceedings. For that reason, it is proposed that the Criminal Justice (Community Sanctions) Bill will amend section 6 of the Criminal Justice Act 1993 to disconnect the payment of compensation from the sentencing of the offender. The amendment will provide that a compensation order can only be made in addition to any other sanction, and not instead of a sanction.

The making of a compensation order under the Criminal Justice Act 1993 is not a determining factor for the purposes of inclusion of an offender in the "sex offenders' register".

Section 7 of the Sex Offenders Act 2001 provides that a person convicted of a scheduled sexual offence is subject to the notification requirements ("sex offenders' register") in the Act. Therefore, a conviction (as opposed to a term of imprisonment) is the prerequisite for inclusion on the register.

The period for which a convicted sex offender is subject to the notification requirements in the 2001 Act depends on the length and type of sentence imposed by the court. In the case of adults, the minimum period for which an offender is subject to the notification requirements is 5 years. This is the mandatory notification period where a sex offender receives a sentence, the whole of which is suspended, or where the sentence is otherwise than one of imprisonment. If a term of imprisonment is imposed, the period for which a sex offender is subject to the notification requirements increases to at least 7 years.

The statutory notification periods are halved where the offender is under the age of 18 years at the time of sentencing.

Garda Síochána Ombudsman Commission

Questions (444)

Michael Creed

Question:

444. Deputy Michael Creed asked the Minister for Justice and Equality the changes he proposes to introduce to the legislation establishing the Garda Síochána Ombudsman Commission; and if he will make a statement on the matter. [6469/14]

Written answers

Minister for Justice and Equality

The Garda Síochána Ombudsman Commission was established under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of the Garda Síochána. The Garda Ombudsman Commission has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded and has extensive powers under the 2005 Act to enable it to carry out its responsibilities. These include full police powers of investigation.

I am currently reviewing the relevant provisions of the 2005 Act and considering suggestions by the Ombudsman Commission for changes to it aimed at enhancing the process of investigating complaints. Once my review is complete, I will bring forward proposals to Government to address any amendments which are considered necessary.

As the Deputy is aware, I recently indicated that I was, separately, considering the relevant provisions of the Garda Síochána Act 2005 with a view to empowering the Garda Ombudsman Commission to operate within the architecture of the Protected Disclosures Bill, published by the Minister for Public Expenditure and Reform and which has been passed by Seanad Éireann and awaits second stage in this House, to receive and act on confidential reports by members of the Garda Síochána.

Legislative Programme

Questions (445, 446)

Thomas Pringle

Question:

445. Deputy Thomas Pringle asked the Minister for Justice and Equality if he intends to publish a new Immigration, Residence and Protection Bill in view of the fact that the current Bill has been on Committee Stage since November 2010; and if he will make a statement on the matter. [6507/14]

Joan Collins

Question:

446. Deputy Joan Collins asked the Minister for Justice and Equality in view of the fact that the Immigration, Residence and Protection Bill is on the C list and listed as being on Committee Stage since November 2010, if he will provide an update on the procedure of the Bill. [6513/14]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 445 and 446 together.

As I have outlined previously in my Written Reply to Question number 586 of 28 January 2014, and to the Joint Committee on Justice, Defence and Equality, it is my considered view that, instead of engaging in an extremely cumbersome process of tabling hundreds of amendments to the Immigration, Residence and Protection Bill of 2010, it would be much more efficient to publish a new and enhanced text. This proposition has been broadly welcomed by the Joint Committee. Such an approach can take account of current Government policy while incorporating the many technical and other amendments anticipated. It also provides an opportunity to address the key policy issues including those referred to by the Deputy. Work on the Bill continues, therefore, on that basis, including in cooperation with the Offices of Parliamentary Counsel and of the Attorney General while also taking account of any relevant rulings by the Courts and any further submissions received. I therefore expect that work on the Immigration, Residence and Protection Bill, which remains part of the Government's Legislation Programme, will be advanced to enable the publication of a new and enhanced version of the Bill later this year.

Asylum Applications

Questions (447)

Bernard Durkan

Question:

447. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in determination of an application for asylum in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [6521/14]

Written answers

Minister for Justice and Equality

As the Deputy is aware, if the person whose details were supplied has made an application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they are in the protection process.

Garda Transport Data

Questions (448)

Seán Kenny

Question:

448. Deputy Seán Kenny asked the Minister for Justice and Equality the number of additional marked and unmarked Garda cars and vans that were allocated to the Garda R and J districts in 2013; the number of marked and unmarked Garda cars and vans that were withdrawn from these districts in 2013; and if he will make a statement on the matter. [6530/14]

Written answers

Minister for Justice and Equality

Decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of his identified operational demands and the availability of resources. At Divisional level it is a matter for the Divisional Officer to determine how best to allocate vehicles so as to ensure the continued delivery of an effective policing service.

I am, of course, conscious of the importance of the Garda fleet and, in that regard, the Deputy will be aware that I recently secured a further €9m for investment in the fleet. This investment resulted in the purchase of 305 new Garda vehicles towards the end of 2013, at a cost of €5 million. These were in addition to the 133 new Garda vehicles which had already been procured during the year. The remaining €4 million has been made available for the purchase and fit out of Garda vehicles in 2014.

I understand that specific details in relation to the deployment of the new Garda transport have yet to be fully finalised but the Deputy can be assured that the vehicles will be allocated as effectively as possible in line with operational circumstances, including the requirements of the Garda R and J Districts.

The information requested by the Deputy is as shown in the following table.

New Vehicles Commissioned 2013	-	-	-	-	Vehicles Decommissioned 2013	-	-	-
-	-	CARS	VANS	TOTAL	-	CARS	VANS	TOTAL
	MARKED	UNMARKED	-	-	MARKED	UNMARKED	-	-
COOLOCK-R	1	0	0	1	0	0	1	1
RAHENY-J	0	1	1	2	0	2	1	3