Written Answers Nos. 156-162
156. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the amount of money collected by Swords District Court from persons appearing in court making donations to the court poor box in the years 2011, 2012, 2013 and to date in 2014. [8508/14]
View answerThe court poor box is a non-statutory system used mostly by the District Courts to impose a financial charge on a defendant to be used for a charitable purpose, usually instead of imposing a criminal conviction. Payments made to the court poor box are accounted for by the court office concerned and the accounting procedures are subject to audit by the Comptroller and Auditor General. Generally, charities are the recipients of poor box contributions but the decision is solely at the discretion of the Judge who is independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law.
In order to be of assistance to the Deputy, I have had enquiries made and the table provides details of court poor box funds collected by Swords District Court for the period concerned.
|
Year |
Amount € |
|
2014 (to date ) |
2,950 |
|
2013 |
45,390 |
|
2012 |
36,780 |
|
2011 |
28,620 |
The Deputy will be aware that the Government recently approved the drafting of the Criminal Justice (Community Sanctions) Bill and the publication of the General Scheme of the Bill. The proposed legislation will abolish the Court Poor Box and replace it with a statutory Reparation Fund to provide for a fair, equitable and transparent system of reparation that will apply only to minor offences dealt with by the District Court.
157. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he will clarify the situation for a former political prisoner (details supplied) who has been let go from their job due to former convictions; if they qualify under the spent convictions legislation. [8513/14]
View answerUnder the Criminal Justice (Spent Convictions) Bill 2012, a person may not be required to disclose a conviction that is spent under the Bill in certain circumstances and subject to certain exceptions. Generally speaking the non-disclosure provisions apply to sentences of imprisonment of 12 months or less, to suspended sentences of up to 24 months and to all other non-custodial sanctions. The conviction-free "waiting period" before a conviction becomes spent ranges from 2 to 5 years depending on the sentence imposed. Convictions for sexual offences or for offences reserved to be tried in the Central Criminal Court must always be disclosed. The Bill, which I hope will be enacted before the Summer, is available on the Oireachtas website.
158. Deputy Róisín Shortall asked the Minister for Justice and Equality if the proposed children and family relationships Bill 2014 will have retrospective application where there has been family breakdown; and if he will make a statement on the matter. [8518/14]
View answerThe provisions of the General Scheme of the Children and Family Relationships Bill are proposed, except where otherwise expressly provided, to have prospective effect only. The exceptions to this are contained in the Heads relating to assisted reproduction and surrogacy. I propose to give retrospective effect to provisions allowing the establishment of legal parentage by the couple jointly raising a child, subject to the outcome of the consultation by the Joint Oireachtas Committee on Justice, Defence and Equality and to further detailed legal advices. Thus, for example, where a child is born to a couple using donor gametes, the couple would be able jointly to establish parentage of the child retrospectively, subject to the conditions set out in the Bill. This is to secure the child's rights in relation to the family in which he or she is being raised and to provide protection for all parties concerned.
It is difficult to see how the new obligations which the General Scheme proposes to establish (such as in relation to maintenance) could be made retrospective fairly. Likewise, it might not be appropriate to give retrospective effect to proposed changes to who is automatically considered a guardian, as this could give rise to substantial legal uncertainty.
The consultation process commenced by the Joint Oireachtas Committee will afford an opportunity to civil society and interested parties to make known their views and concerns on the General Scheme, including in relation to the question of retrospection.
159. Deputy Brendan Griffin asked the Minister for Justice and Equality if his Department has carried out security sweeps of its own offices to ensure that no bugging or covert surveillance has or is taking place; and if he will make a statement on the matter. [8533/14]
View answerThe Deputy will appreciate that for obvious reasons it is not the practice to comment on security related matters.
160. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of times in the past five years his office, his Department and the Garda Headquarters have been swept for security breaches or evidence of bugging or electronic eavesdropping equipment; and if he will make a statement on the matter. [8537/14]
View answerThe Deputy will appreciate that for obvious reasons it is not the practice to comment on security related matters.
161. Deputy Niall Collins asked the Minister for Justice and Equality the amount of money that was spent in 2013 on training to implement the new 2013 Garda roads policing manual; the number of gardaí who accessed the training; and if he will make a statement on the matter. [8549/14]
View answerI have requested the information sought by the Deputy from the Garda authorities. I will be in contact with the Deputy when this information is to hand.
162. Deputy Niall Collins asked the Minister for Justice and Equality the timeframe for which the Garda roads policing manual is reviewed; the procedures in place for its review; and if he will make a statement on the matter. [8550/14]
View answerI have been informed by the Garda Commissioner that the Garda Roads Policing Manual was issued in July 2013 and sets out guidance on Roads Policing. The manual includes both planned operations and incidents that require a spontaneous response that are dealt with by An Garda Síochána on a daily basis.
The manual also includes policy and procedures in relation to Organisation & Responsibilities, Driver Training and Health & Safety.
The Garda Roads Policing Manual will be reviewed on an annual basis, ensuring up-to-date policy and procedures are in place.
