Written Answers Nos. 512-536
512. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when an updated Garda national immigration bureau card will issue to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [8879/14]
View answerI am informed by officials in the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy made an application for a permanent residence card to the EU Treaty Rights Unit just two weeks ago - on 11 February, 2014. This application will be acknowledged and processed in due course.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.
513. Deputy Charles Flanagan asked the Minister for Justice and Equality to set out his plans to amend current legislation to further control and restrict the use of handguns which are currently licensed, including centre-fire and .22 calibres as well as pump-action and semi-automatic shotguns capable of holding in excess of three rounds; and if he will make a statement on the matter. [8957/14]
View answer521. Deputy Áine Collins asked the Minister for Justice and Equality if An Garda Síochána and his Department are engaged in a joint consideration in respect of firearms licensing matters; if so, the stage the process is at; and the reason he considers that a review is necessary at this stage. [9245/14]
View answer563. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he is planning to introduce new legislation on firearms; and if he will make a statement on the matter. [9736/14]
View answerI propose to take Questions Nos. 513, 521 and 563 together.
In light of public safety concerns highlighted by the Garda Commissioner and difficulties in the interpretation of the legislation expressed by members of the judiciary, my Department is examining key issues relating to firearms licensing in conjunction with An Garda Síochána. Recommendations are currently being finalised and I expect to receive a report in due course. No decisions will be made in advance of consideration of these recommendations.
Opportunities for consultation with relevant stakeholders will be explored when work on the proposals is further advanced.
514. Deputy Michael McCarthy asked the Minister for Justice and Equality to outline the position regarding an application for Garda clearance in respect of a person (details supplied); and if he will make a statement on the matter. [8984/14]
View answerI am informed by the Garda authorities that a vetting application on behalf of the individual referred to by the Deputy was processed by the Garda Central Vetting Unit (GCVU) and returned to the Authorised Signatory in the registered organisation concerned on 7th February, 2014.
515. Deputy Robert Troy asked the Minister for Justice and Equality the reason he failed to make the initial recruitment from the Garda reserve during the recent recruitment process; and if he will make a statement on the matter. [9011/14]
View answerIt is important that all persons wishing to join the full time force undergo the same competitive selection and recruitment process. In doing so the integrity of the process is maintained at all stages of the competition.
The Deputy will be aware that recruitment to An Garda Síochána is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013. These regulations provide that, as part of the competitive selection process organised by the Public Appointments Service for full-time membership of An Garda Síochána, "due recognition to any satisfactory service by the person as a reserve member"will be given to such members. This provision was introduced in order to acknowledge the beneficial experience and skills gained by a reserve member and to allow them the opportunity to highlight that experience and skill during the selection process.
I have been informed that the first stages of the recruitment competition have now been completed. Candidates who have qualified through these have been placed in order of merit into three bands and those in Band one are now being invited to complete stage two of the competition. Members of the Garda Reserves who were successful at the first stage will also proceed to stage 2 and will have an opportunity to highlight their experiences and skill during stage 2.
516. Deputy Niall Collins asked the Minister for Justice and Equality to detail the number of times An Garda Síochána applied to the courts to mount surveillance or interception operations under the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 in the past five years. [9191/14]
View answerThe Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 provides the legislative basis in Ireland for the interception of postal packets and telecommunications messages.
Sections 4 and 5 of the Act provides that an authorisation may only be granted for interception for the purposes of the investigation of serious crime or for the purposes of protecting the security of the State.
Section 12 of that Act places a requirement on the Minister for Justice and Equality to ensure that such arrangements are in place to limit to the minimum necessary the disclosure of the fact that an authorisation has been given, and the contents of any communication which has been intercepted pursuant to an authorisation. The Act defines "necessary" as necessary for the purpose of the prevention or detection of serious offences or in the interests of the security of the State.
I should emphasise that the Act is subject to independent judicial oversight by a designated Judge of the High Court and a complaints mechanism whereby any individual who believes they have been the victim of improper use of the legislation may have their complaint investigated by a Complaints Referee. The Designated Judge must submit a report on the operation of the Act to the Taoiseach on an annual basis and this Report is laid before the Houses of the Oireachtas.
It has not been the practice for security reasons to provide the information sought in the Deputy's question.
517. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality to detail the action he is taking to tackle crime in rural communities. [9236/14]
View answer519. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality to detail the action he is taking to tackle agricultural crime, including the stealing of farm machinery and livestock, particularly in Border areas. [9238/14]
View answer531. Deputy Gerry Adams asked the Minister for Justice and Equality to outline the supports, including financial supports, that are available from his Department to assist citizens, in particular farmers, to tackle crime threats. [9344/14]
View answerI propose to take Questions Nos. 517, 519 and 531 together.
I can assure the Deputies that I am very much aware of concerns in rural communities about the incidence of crime, and of burglary and theft from farms in particular. These crimes cause deep distress to those affected and have a broader impact in terms of fear of crime in the community.
Garda Operation Fiacla was established to coordinate a sustained national drive against those involved in this type of criminality and has been proven to be successful nationally, with several thousand arrests and prosecutions for burglary offences, reflected in the most recent crime figures which show burglary incidents down by more than 10%.
An Garda Síochána also continue to work closely with communities through Community Alert, Neighbourhood Watch and other organisations to provide expert crime prevention advice. The Garda commitment to this approach was underlined in the new guidelines for communities wishing to set up community crime prevention schemes which were launched by the Commissioner and myself last year. Advice in respect of crimes targeted at farms is also available, including in the form of a Garda Farm Security Booklet.
My Department does not provide direct funding in relation to local crime prevention projects but it has, for many years, provided funding for the Community Alert programme which is operated by Muintir na Tíre in partnership with the Garda authorities and supports over 1,300 local groups. The funding provided by my Department supports the employment and associated costs of a National Coordinator and Development Officers who play a key role in supporting community crime prevention efforts.
I am informed by the Garda authorities that the prevention and disruption of agricultural crimes in border areas involves a multi-agency approach including An Garda Síochána, the Police Service of Northern Ireland (PSNI), the Department of Agriculture and Marine Investigation Unit, the Department of Agriculture and Rural Development (Northern Ireland) and Revenue and Customs here and in Northern Ireland, as well as ongoing Garda liaison with the Irish Farmers Association. In this regard a number of operations are in place including a focus on the movement of livestock, as well as on the theft of farm and plant machinery. These operations take place under the aegis of an agreed Cross-Border Policing Strategy designed to continue the excellent levels of cooperation between both police service in tackling crime.
An Garda Síochána has also established a metal theft forum involving stakeholders particularly affected by this type of crime, including the Irish Farmers' Association and the Irish Creamery Milk Suppliers association. Building on their existing crime prevention operations and advice, An Garda Síochána has published a Metal Theft Crime Prevention and Reduction Plan, which was developed in close cooperation with the stakeholders who participated in the metal theft forum and it is designed to provide for an effective and multi-agency response to the problem of metal theft, as it affects those in rural as in other areas.
518. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he has carried out any assessment of the impact of the closure of rural Garda stations on the levels and detection of crime in rural areas. [9237/14]
View answerIn reaching a decision on the closure of Garda stations, the Commissioner reviewed all aspects of the Garda Síochána’s policing model, including the deployment of personnel, the utilisation of modern technologies and the operation of Garda stations, both in terms of opening hours and possible closures. In addition, all Divisional Officers were asked to assess the level of activity in each Garda Station in their area.
Garda management keep the distribution of personnel under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
The success of ongoing Garda crime prevention and detection work is demonstrated in the latest official recorded crime figures from the Central Statistics Office, which cover the 12 month period to end Q3 in 2013. These figures show reductions or no change in 12 out of the 14 categories for which figures are given, and an overall reduction of 7.1%, building on reductions recorded in the previous figures from the CSO. The continued impact of Garda operations on burglary is reflected in a significant fall of 10.4% in this category of offence, further accelerating the reductions seen since earlier in the year. Garda actions to counteract burglary under Operation Fiacla have led to the arrest of 7,973 persons and 4,558 persons being charged as of 31 January 2014.
520. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality to outline the discussions he has had with his counterpart in the Northern Ireland Executive regarding the problem of cross-Border agricultural crime. [9239/14]
View answerI maintain very regular contact with the Northern Ireland Minister of Justice, David Ford, to address matters of shared interest and to enhance co-operation on all policing and criminal justice matters on this island.
I have taken a strong interest in cross-border co-operation in policing and criminal justice on this island since taking office as Minister. This co-operation is multifaceted, including frequent ministerial contacts and day-to-day operational interaction between the police services and other relevant agencies, all aimed at improving community safety for all communities on this island including, in particular, those close to the border.
There is, of course, close and ongoing co-operation between the Garda Síochána and the PSNI on all aspects of policing. The two police services operate a joint Cross Border Policing Strategy which has as its aims to improve public safety throughout Ireland, to disrupt criminal activity and to enhance the policing capability of both police services on the island. The two police services are jointly engaged in implementing a number of initiatives in all areas of policing in all these areas with, understandably, a focus on areas close to the border, including those in the Deputy's constituency.
The prevention and disruption of agricultural crimes in border areas involves a multi-agency approach including An Garda Síochána, the Police Service of Northern Ireland, the Department of Agriculture and Marine Investigation Unit, the Department of Agriculture and Rural Development in Northern Ireland and the Revenue and Customs Services, North and South. An Garda Síochána also work closely with the Irish Farmers Association in addressing this type of crime.
I can assure the Deputy that North-South co-operation at policy and operational levels in combating all types of crime, including agricultural crime is positive and dynamic. The challenges that crime presents are shared ones on this island and joint working in the fight against crime will continue to enhance our efforts to improve community safety for all.
522. Deputy Joan Collins asked the Minister for Justice and Equality further to Parliamentary Question No. 413 of 11 February 2014, if he will confirm the gender breakdown of those arrested and charged under the operation. [9248/14]
View answerI have requested a report from the Garda authorities in relation to the information sought by the Deputy. I will be in contact with the Deputy when this information is to hand.
523. Deputy Eoghan Murphy asked the Minister for Justice and Equality if he will instruct An Garda Síochána to collect statistics on hate crimes committed here as a standard and regular reporting tool and as currently practised in other jurisdictions. [9258/14]
View answerI can inform the Deputy that 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 am advised that statistics in relation to the occurrence of hate crimes are maintained by the CSO.
In addition the Garda Racial Intercultural and Diversity Office (GRIDO), which has responsibility for coordinating, monitoring and advising on policing for Ireland's diverse communities, monitors the reporting and recording of hate and racist crime on a continual basis.
Furthermore, statistics in relation to the occurrence of crimes with a racist motivation are published on the website of the Office for the Promotion of Migrant Integration, which operates under my Department's remit.
524. Deputy Eoghan Murphy asked the Minister for Justice and Equality to set out his plans regarding section 37 of the Employment Equality Act; and if he will make a statement on the matter. [9259/14]
View answerAs I stated in my reply to Parliamentary Question No. 5340/14 of 5 February 2014, I have asked the members designate of the new Irish Human Rights and Equality Commission to examine the impact of Section 37 of the Employment Equality Act on lesbian, gay, bisexual and transgender persons, to undertake a consultative process and a formal assessment of the options for its amendments and to let me have their recommendations.
The Commission designate invited submissions to be made to them by 13 November by any interested party. I understand that some 60 individual submissions have been received, which are currently being examined. While not in a position yet to say when its report will be completed, the Commission designate has indicated to me that it will be progressed as quickly as possible.
I look forward to receiving a report from the Commission designate with its recommendations in due course. At that stage, I will bring forward my proposals to Government in relation to such amendments as are necessary to the Employment Equality Act.
525. Deputy Gerry Adams asked the Minister for Justice and Equality if the health situation of a person (details supplied) currently imprisoned at the Dóchas Centre, Mountjoy Prison is being monitored on a daily basis. [9265/14]
View answer526. Deputy Gerry Adams asked the Minister for Justice and Equality if the health of a person (details supplied) currently imprisoned at the Dóchas Centre, Mountjoy Prison has been independently assessed. [9266/14]
View answer527. Deputy Gerry Adams asked the Minister for Justice and Equality if he is concerned that the conditions under which a person (details supplied) is being held at Mountjoy Prison could further contribute to any health complications. [9267/14]
View answerI propose to take Questions Nos. 525 to 527, inclusive, together.
I have been informed by the Irish Prison Service that the prisoner referred to has access to the full range of services in prison, including all medical services. She was medically assessed on her committal to prison, and was seen by the Prison Doctor the next day. She has access to a 24 hour nursing service in prison, and daily access to a doctor if requested, or on referral by the nursing staff. In the event of an emergency arising she will be transferred immediately to acute hospital care services.
I can confirm that the prisoner referred to is having ongoing medical treatment for a serious illness and is also accessing hospital consultant services in the community. She is currently awaiting a review appointment with specialist services and any hospital appointment she may have scheduled will be facilitated by prison management. The prisoner concerned does have some age related mobility issues, and uses a walking stick.
The prisoner concerned has not been independently assessed but she has received all clinical interventions deemed necessary. If a doctor, or other healthcare professional, operating in the prison environment determines that a prisoner requires treatment in an external setting following a clinical assessment, an appropriate referral will be made.
I am quite satisfied that the care needs of the prisoner concerned are been managed appropriately by the Irish Prison Service.
528. Deputy Gerry Adams asked the Minister for Justice and Equality to outline his views on whether the public interest is being served by the continuing imprisonment of a person (details supplied) who has several health complications and who was originally imprisoned for a principled decision to refuse to sign a document forbidding the making of political protests at Shannon Airport at the US military's use of the airport en route to wars in the Middle East. [9268/14]
View answerThe Deputy will appreciate that judges are independent in the matter of sentencing as they are in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. Therefore, I cannot comment in any way on the decision of any individual case.
The Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003 provides that I may approve the temporary release of a sentenced prisoner. I am advised that the option of temporary release has been explained to the prisoner referred to and the conditions which are attached to the granting of temporary release. However, I am further advised that the prisoner concerned has advised prison management that she would not be compliant with those conditions therefore temporary release has not been approved.
I would like to again remind the Deputy that an application for temporary release may be made by the prisoner concerned. I am advised by my officials in the Irish Prison Service that should such an application be submitted, it will be considered in the normal way with all of the relevant facts of the individual's circumstances being taken into consideration.
I am sure that the Deputy will appreciate that, in this case, the resolution of the matter rests with the prisoner.
529. Deputy John O'Mahony asked the Minister for Justice and Equality further to Parliamentary Question No 321 of 12 November 2013, if he will provide an update on the case in question and when the person will receive payment; and if he will make a statement on the matter. [9280/14]
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 to be considered 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 Tribunal has made a decision in the case. I am further informed that a copy of the decision will shortly issue direct to the Applicant for their consideration.
530. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality to set out the position further to Parliamentary Question No. 147 of 13 February 2014 in respect of which the member of the public wishes to clarify that the question related to the function and role of the Garda Síochána Ombudsman Commission rather than an individual complaint; in this context the question does not relate to an individual complaint per se, it relates to the manner in which the Garda Síochána Ombudsman Commission conducts business and the way staff interact with members of the public in general; and if he will make a statement on the matter. [9290/14]
View answerI have no function or responsibility in relation to the matter raised. As I indicated to the Deputy in my reply to his Parliamentary Question No. 147 of 12 February, 2014 (not 13 February as stated by the Deputy), the Garda Síochána Ombudsman Commission is independent in the exercise of its functions. While the funding for the Ombudsman Commission is provided through my Department, it is an independent statutory body which was set up under the Garda Síochána Act 2005. Officers in the Ombudsman Commission are not staff of my Department. They hold office in the Civil Service of the State rather than the Civil Service of the Government.
532. Deputy Gerry Adams asked the Minister for Justice and Equality if he will provide an update on the development and outcome of the review process of the role of the joint policing committees in the context of the programme for Government commitment to build on existing community policing partnerships; and if he will make a statement on the matter. [9350/14]
View answerAs the Deputy will be aware, in the context of a commitment in the Programme for Government I initiated a review of the operation of Joint Policing Committees and published a discussion document to support public consultation on the matter. My Department, together with the Garda authorities and the Department of the Environment, Community and Local Government has examined the feedback obtained during the review process, as well as related issues arising from the broader process of local government reform, and recommendations concerning revisions to the JPC guidelines are at an advanced stage of preparation.
533. Deputy Nicky McFadden asked the Minister for Justice and Equality to set out the position regarding the use of Athlone District Court, County Westmeath; if cases involving persons who are being held in custody will continue to come before the court in Athlone; his views on whether cases should be dealt with in the area where the alleged offence occurred; the future use of Athlone District Court; and if he will make a statement on the matter. [9356/14]
View answerThe Working Group on Efficiency Measures in the Criminal Justice System in the Circuit and District Courts which reported to myself and the Chief Justice in 2012 is currently progressing initiatives to achieve greater efficiencies and reduced costs in the operations of the Circuit and District Courts.
Among the initiatives being progressed is a proposal that court hearings involving persons in custody would be centralised, where possible, at a single District Court venue within each District Court District on one nominated day per week. The proposal was initially successfully implemented in four pilot sites and it was considered that public safety risks associated with prisoners being transported to court venues with no holding cells is reduced. The Courts Service has confirmed that it intends, insofar as is possible, to further extend this system to all District Court Districts.
Athlone District Court is located in District No 9. The Courts Service has confirmed that a proposal to centralise such custody cases for District No 9 in Longford District Court is under consideration and a local consultation process is under way with a range of local stakeholders. In the absence of any significant issues arising during the consultation process it is intended to proceed with the initiative in the near future. Since the consultation process is ongoing, no specific date has yet been set for commencement.
In relation to the future use of Athlone District Court, I am informed that aside from the proposal outlined above there are no other plans to change the operations of the District Court in Athlone.
534. Deputy Noel Grealish asked the Minister for Justice and Equality for details on the number of Garda patrol cars in active service within the Galway west division on 31 January 2009, 31 January 2010, 31 January 2011, 31 January 2012 and 31 January 2013; the number of cars in active service in the Galway west division on 31 January 2014, excluding all cars that are temporarily out of service for any reason; and if he will make a statement on the matter. [9365/14]
View answerDecisions 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.
In that context, I am advised by the Garda authorities that the details sought by the Deputy are outlined in the following table:
|
Date |
No. Of vehicles |
|
31st January 2009 |
73 |
|
31st January 2010 |
75 |
|
31st January 2011 |
77 |
|
31st January 2012 |
69 |
|
31st January 2013 |
49 |
|
31st January 2014 |
49 |
Overall, the Deputy will be aware that I recently secured a further €9m for investment in the Garda 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 am advised that the new vehicles were delivered in late December 2013 and are currently being allocated, following fit out, in accordance with the Commissioner's operational requirements.
The most recent investment will bring to €18m the total amount spent on the Garda fleet for the three years 2012 to 2014. This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to deliver an effective and efficient policing service.
535. Deputy Jerry Buttimer asked the Minister for Justice and Equality to outline his views on using as a blueprint for legislation the recent report on the review of legislation on prostitution by the Joint Committee on Justice, Defence and Equality; and if he will make a statement on the matter. [9380/14]
View answerThe current review of criminal legislation on prostitution has not yet been completed and no policy decisions have been taken in this matter.
I recently received legal advices from the Attorney General on the Joint Committee's report and these are being examined.
The legislative approach to prostitution also has implications for the health and welfare of those involved in prostitution and for public health, in general. I have requested the views of the Minister for Health on the recommendations of the Joint Committee and these are awaited.
When the review has been completed I will bring my legislative proposals to Government for approval in the usual way.
536. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 512 of 4 February 2014, if the drivers involved in fatal road collisions who held provisional licences were killed in the years for which figures were supplied or if the persons killed were passengers or other drivers. [9391/14]
View answerI have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
