Written Answers Nos. 1-29
10. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his views on the call by the Judicial Appointments Review Committee led by the Chief Justice, Susan Denham, for a radical overhaul of judicial appointments. [9724/14]
View answerThe Deputy will be aware that, under the Constitution, judges are appointed by the President on the advice of the Government. The current process for the appointment of judges in Ireland is set out in sections 12 to 17 of the Courts and Courts Officers Act 1995 which established the Judicial Appointments Advisory Board.
Under the existing system of judicial appointments, the Board submits to me, as Minister for Justice and Equality, the names of the persons who have applied for appointment and whom it recommends as suitable for appointment. This procedure has been in place since 1995 and, at my request, my Department is currently undertaking a review of the judicial appointments process. This review will consider how best to ensure and protect the principle of judicial independence and includes consideration of issues such as the appointment process, eligibility criteria, the role of the Judicial Appointments Advisory Board and the need to promote equality and diversity.
In December I initiated a public consultation process which involved not only members of the judiciary and the legal profession generally, but also engaged the broader public who benefit daily in innumerable ways from the protection of an independent judiciary. A total of 25 submissions have been received to date, including a submission from the Judicial Appointments Review Committee, and they will now be considered within my Department. The consultation process sought submissions within the current Constitutional provisions and any proposal to introduce a new system of appointments which would require statutory amendments would, of course, be a matter for consideration by Government in the first instance.
11. Deputy Niall Collins asked the Minister for Justice and Equality the date on which he commissioned and received his Department's peer review report on the Verrimus report on potential unlawful surveillance in the offices of the Garda Síochána Ombudsman Commission; its conclusions on all three anomalies; and if he will make a statement on the matter. [9578/14]
View answer177. Deputy Niall Collins asked the Minister for Justice and Equality the date on which he commissioned and received his Department peer review report on the Verrimus report on potential unlawful surveillance in the offices of the Garda Síochána Ombudsman Commission; its conclusions on all three anomalies; and if he will make a statement on the matter. [9779/14]
View answerI propose to take Questions Nos. 11 and 177 together.
An IT security consultancy was retained on 14 February 2014 to provide an expert IT security opinion on the reports that GSOC had received from the security company it contracted. The report was received by the Department on 18 February 2014.
I gave the Cabinet my assessment of the potential damage to both the Garda Ombudsman Commission and the Garda Síochána, and more widely to public confidence in the enforcement of law, from the ongoing controversy relating to reports of unlawful surveillance of GSOC. The manner in which this controversy had continued, and the new information I had received, led me to the view that it was in the public interest that measures be taken to ensure that the full truth is established beyond dispute. In the light of that, I and my Cabinet colleagues agreed to the appointment of a retired High Court Judge to inquire into all matters of relevance to the controversy.
The Government subsequently appointed retired High Court Judge John Cooke to conduct an independent Inquiry into the reports of unlawful surveillance of the GSOC. The Terms of Reference for the Inquiry were agreed by the Government, on the advice of the Attorney General, and are available on the Department of the Taoiseach's website (www.taoiseach.gov.ie). Judge Cooke has been asked to report on these matters within 8 weeks or as soon as may be thereafter. Judge Cooke will be provided with any technical and secretarial assistance he requires, and I expect that all parties will cooperate fully with him.
I have already outlined to the House during the Private Members Motion on 18 February 2014 some of the differences that were highlighted in both reports. Copies of both technical reports will be provided to Judge Cooke as part of his inquiry. I am also arranging for a summary comparison report to be prepared for the Joint Committee on Public Service Oversight and Petitions.
12. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality if he will immediately implement legislative changes to make the Garda Commissioner accountable to GSOC rather than the Minister for Justice and Equality in the interests of accountability and transparency. [9678/14]
View answerI presume the Deputy is referring to suggestions for an extension of the oversight functions of the Garda Síochána Ombudsman Commission to include oversight of the Garda Commissioner and not that the Garda Commissioner should be accountable for the performance of his statutory functions to the Ombudsman Commission.
It is important that the Garda Síochána is operationally independent and democratically accountable. The Garda Síochána Act 2005 seeks to achieve those objectives by specifying the functions of the Garda Commissioner and the Force on the one hand, and the Minister for Justice, the Government and the Houses of the Oireachtas on the other.
The 2005 Act provides that the Commissioner has the function of directing and controlling the Garda Síochána, and that he is accountable to me as the Minister for Justice, and through me to the Oireachtas, for the performance of that function. The Commissioner is responsible for recruitment, training, discipline, the distribution of members and for all other aspects of the management and administration of the Force. The 2005 Act also made the Commissioner the Accounting Officer for the Force, and liable to appear before the Committee of Public Accounts in that capacity.
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, including full police powers of investigation.
Some weeks ago I announced that I would be bringing to Cabinet a number of amendments to the Garda Síochána Act 2005 relating to the Garda Ombudsman Commission. It has subsequently been agreed at Cabinet that the Joint Oireachtas Committee on Justice, Defence and Equality would be asked to hold such hearings as it deems appropriate and necessary for the purpose of making any recommendations as to amendments it proposes be made to the 2005 Act. I expect the Committee will consider, as part of its deliberations, the extent of the remit of the Ombudsman Commission. I do not want to pre-empt the outcome of the deliberations of the Committee and I look forward to the Committee's report on the matter.
13. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the reason An Garda Síochána is refusing to co-operate with an investigation being carried out by the Police Ombudsman's office in Northern Ireland into the role of former and serving officers in the PSNI in the circumstances surrounding the exposure and subsequent murder of a person (details supplied). [9722/14]
View answerI would say at the outset that the killing of Denis Donaldson, to whom the Deputy refers in his question, is the subject of an ongoing murder investigation by the Garda Síochána. In that context, I am sure the House will appreciate that we must be judicious in our comments with regard to the case.
I am informed by the Garda authorities that the investigation into this crime is ongoing. A file on the case has been submitted to the Director of Public Prosecutions. The DPP is, of course, independent in the performance of her functions.
I am informed by the Garda authorities that they have had the co-operation and assistance of their colleagues in the Police Service of Northern Ireland from the outset of this investigation and that continues to be the case.
The Deputy will appreciate that in such circumstances, where a Garda investigation is current and where matters are with the DPP, it would not be appropriate for me to comment in any further detail.
I would say, however, and I feel sure the Deputy will agree with me, that there can never be any justification for the criminal, violent taking of human life, no matter what the circumstances. This was a brutal, violent killing and it deserves condemnation.
As would be expected in the normal course of a criminal investigation, the Garda investigation team has retained certain items which were recovered at the crime scene and which are of relevance to their inquiries and for potential evidential purposes.
I am aware that the Northern Ireland Police Ombudsman is conducting an investigation into certain matters relating to the victim in this case and has sought the assistance of the Garda Síochána. To the extent that it is possible for the Garda authorities to co-operate with the Northern Ireland Police Ombudsman they will seek to do so. They must, however, be conscious of the legal constraints applying given that they must ensure that the ongoing murder inquiry and the chances of a successful prosecution arising would not be compromised in any way.
The Deputy will be aware, of course, that the remit of the Northern Ireland Police Ombudsman does not extend to this jurisdiction; rather it is specific to policing and the police service in Northern Ireland.
The House will appreciate that the first duty of the Garda Síochána in this matter is to investigate the brutal killing that has taken place in this jurisdiction and that other matters, although they may be related to the victim of that killing, cannot override that process.
14. Deputy Joan Collins asked the Minister for Justice and Equality the remedies that are available to victims of child sex abuse who believe that they were left unprotected by the actions of their solicitors; the legislative changes he plans to implement to hold the legal profession to account in this regard; and if he will make a statement on the matter. [9715/14]
View answerThe Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 makes it an offence for any person to deliberately withhold information regarding sexual and other serious offences committed against a child or other vulnerable person. Under section 2 of the Act, a person who knows or believes that an offence has been committed against a child and has information which he or she believes would be of material assistance in the apprehension, prosecution or conviction of that perpetrator and who fails to disclose that information to the Garda Síochána is guilty of an offence. That offence, however, is without prejudice to any right or privilege that may arise in criminal proceedings entitling a person to refuse to disclose information. The extent to which such right or privilege may arise would be a matter for a court to determine.
It is my understanding that the Law Society has also taken steps to try to address this question in the updated and third edition of 'A Guide to Good Professional Conduct for Solicitors' which it published in October 2013. In dealing with issues of privilege and confidentiality, guidance is provided in the new Guide for solicitors in relation to cases involving abuse or neglect of children as follows - "Similarly, there may be situations where an adult discloses abuse or neglect either by himself or by another adult against a child but refuses to allow any disclosure to third parties. If the situation indicates continuing sexual or other physical abuse, or ongoing neglect of a child, and there is a serious threat to the child’s life or health, whether mental or physical, but there is a refusal on the part of the client to allow disclosure of such information, if the situation is sufficiently serious, a breach of the overriding duty of confidentiality may be justified and a confidential referral to a medical practitioner can be made. The solicitor should consider whether the situation is sufficiently serious to justify such a breach." (A Guide to Good Professional Conduct for Solicitors, 3rd Ed., p.33-34)
In relation to the course of action open to a client of a solicitor who feels aggrieved by the actions of that solicitor in relation to the protection of the client's interests concerned, it should be noted that the Law Society is the statutory body responsible for the regulation of solicitors under the Solicitors Acts 1954 to 2013 to which complaints about such a grievance should be made. Under the Legal Services Regulation Bill 2011, which has just completed Committee Stage, this function will transfer to the new and independent Legal Services Regulatory Authority which will similarly become responsible for dealing with complaints about the professional conduct of barristers. Under this new and independent conduct regime, both solicitors and barristers will also be amenable to the new Legal Practitioners' Disciplinary Tribunal which will deal with allegations of serious misconduct.
15. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of internal complaints lodged within An Garda Síochána to the relevant and appropriate authorities or structure in each of the past ten years to date; the extent to which issues of a serious nature were identified in course thereof; the action taken by the relevant authorities on each occasion; and if he will make a statement on the matter. [9673/14]
View answer201. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the complaint procedure within An Garda Síochána has been exercised on an annual basis over the past ten years to date; and if he will make a statement on the matter. [10246/14]
View answerI propose to take Questions Nos. 15 and 201 together.
I understand that the Deputy's question is in respect of instances where complaints of corruption or malpractice were raised by whistleblowers within An Garda Síochána.
The Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007 provide for the appointment of an independent Confidential Recipient to whom members of the Force, and civilian support staff, can report, in confidence, instances where they believe there may be corruption or malpractice within the Garda Síochána. The first independent Confidential Recipient was appointed in March 2008.
Any member or civilian of the Garda Síochána wishing to make a confidential report is required to do so in good faith and for the purpose of exposing the alleged corruption or malpractice. The Confidential Recipient is required to transmit each confidential report to the Garda Commissioner (or to the Minister, if the report contains an allegation which relates to the Commissioner), who must investigate it and take any necessary action (unless it is believed that the allegations were not made in good faith or were false, frivolous or vexatious).
In transmitting a report to the Commissioner or Minister, the Confidential Recipient must protect the identity of the whistleblower, subject only to an exception, which is subject to stringent conditions, where knowledge of the whistleblower’s identity is essential for the proper investigation of the allegations. Any communication between the Confidential Recipient and the whistleblower is absolutely confidential.
Regulation 15(1) of the Confidential Reporting of Corruption or Malpractice Regulations 2007 requires the Garda Commissioner to report to me not later than four months after the end of each year in relation to any confidential reports made during that year. I am circulating with this reply the number of confidential reports made during the years since the procedure was first introduced. I do not have available to me statistics in respect of internal complaints within An Garda Siochana prior to that.
Mr Oliver Connolly was appointed to the post of Confidential Recipient on 18 July 2011 for a three year period. As the Deputy is aware, recent events had undermined the office of the Confidential Recipient and Mr Connolly was relieved of his position on 19 February 2014.
I have publicly said that I do not believe the office of Confidential Recipient and the legislation applicable to it is fulfilling the objective for which it was established. I have stated my intention to abolish the office and to enable members of An Garda Síochána who allege misconduct within the Force to have their complaints considered and addressed by the Garda Síochána Ombudsman Commission. The Cabinet has agreed that an appropriate amendment to the Protected Disclosures Bill 2013 should be prepared to enable the Garda Síochána Ombudsman Commission to be prescribed under that Bill as a body to which disclosures may be made by members of the Garda Síochána.
Interim arrangements will be made to fill the Post of Confidential Recipient by the appointment of a retired judge. Every effort will be made to expedite the necessary consultation process so that the appointment can be made as soon as possible.
Garda Commissioner reports on confidential reports 2008 through to 2013.
Year No of Reports
2008 2
2009 4
2010 2
2011 1
2012 3
2013 1
16. Deputy Denis Naughten asked the Minister for Justice and Equality if he will have the case of the murder of Garda Richard Fallon on 3 April 1970 independently reviewed; and if he will make a statement on the matter. [9470/14]
View answerThe murder of Garda Richard Fallon was a terrible tragedy for his family and I want to, again, express my deepest sympathy to them. On top of that personal tragedy, his murder was also an event that can only be described as a heinous crime carried out by ruthless individuals with no respect for human life. In view of the fact that Garda Richard Fallon was carrying out his duties as a member of An Garda Síochána, his murder was also a direct attack on the institutions of this State.
The Serious Review Crime Team of An Garda Síochána is carrying out a review of this case. I am informed by the Garda Commissioner that the Serious Review Crime Team have met with members of the Fallon family, most recently in December 2013 to update them on developments in their inquiries.
In the circumstances I think it would be best to await the outcome of the Garda review.
17. Deputy Thomas Pringle asked the Minister for Justice and Equality if he will provide in tablular format the number of persons granted refugee status in each of the past five years; the number of those refused in each of the past five years; and if he will make a statement on the matter. [9705/14]
View answerThe number of persons refused refugee status in 2013 at both first instance and on appeal was 773. The corresponding figures for 2012 to 2009 were 927, 1678, 3573 and 4230 respectively.
The number of persons granted refugee status in 2013 at both first instance and on appeal was 192. The corresponding figures for 2012 to 2009 were 92, 132,160 and 394 respectively.
Regarding recognition rates, I might add that the rates in 2013 are over double those in 2012. These figures do not include persons granted permission to remain in the State under the Subsidiary Protection or Leave to Remain processes.
I can further inform the Deputy that the median processing time to a final decision on an asylum application in 2013 was 36 weeks. Some cases can take significantly longer to complete due to, for example, delays arising from medical issues or because of judicial review proceedings. All asylum applications and appeals are processed in accordance with the Refugee Act 1996 and other relevant statutory provisions. High quality and fair decision-making in all cases continues to be a key priority at all stages of the asylum process.
18. Deputy Seán Kyne asked the Minister for Justice and Equality the progress being made to reduce, to as short as possible, the time spent by persons in direct provision accommodation, particularly in view of the fact that most persons genuinely seeking asylum are dependent on the accommodation provided; and if he will make a statement on the matter. [9665/14]
View answerThe Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of protection applicants in accordance with the Government policy of direct provision and dispersal. Direct provision provides for full board accommodation supports while a final decision is awaited by a person on their protection or any related leave to remain application.
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 persons while their protection or related leave to remain applications are being processed. 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.
The numbers of asylum seekers residing in direct provision has reduced significantly over the last five years. At the end of December 2013 there were 4,360 residents in direct provision according to RIA's database compared with 6,494 at the end of December 2009. This represents a reduction of 2,134, or 33%, in the number of residents in direct provision in that period. Compared to the numbers residing in direct provision at its highest point in April 2005 (8,080), there has been a reduction of 46% or 3,720 persons in the intervening nine years.
The median processing time to a final decision on an asylum application in 2013 was 36 weeks. Some cases can take significantly longer to complete due to, for example, delays arising from medical issues or because of judicial review proceedings. All asylum applications and appeals are processed in accordance with the Refugee Act 1996 and other relevant statutory provisions. High quality and fair decision-making in all cases continues to be a key priority at all stages of the asylum process.
Persons who are refused refugee status are notified of their entitlement to apply for subsidiary protection. This is separate to the asylum or refugee status determination process.
As the Deputy may be aware I made new Regulations last year governing the investigation and determination of applications for subsidiary protection in the State. The European Union (Subsidiary Protection) Regulations 2013, which came into effect on 14 November 2013, were made to address certain matters which arose from the judgment of the High Court in January 2013 in the MM case.
Under the new Regulations, responsibility for the processing of applications for subsidiary protection was transferred from my Department to the Office of the Refugee Applications Commissioner with appeals to be dealt with by the Refugee Appeals Tribunal. Both of these bodies are independent in the exercise of their statutory functions and they have substantial experience in the area of asylum investigations and appeals, respectively. Once the new arrangements have bedded down, my aim is for applications currently on hand to be processed to finality by the statutory bodies concerned in the shortest possible timeframe consistent with quality and fair assessment of all cases and of course, subject to the cooperation of applicants and no further legal impediments arising.
Legislative reform in the area of protection remains a key priority. Work on a new Immigration, Residence and Protection Bill, which remains part of the Government's Legislative Programme, is being advanced to enable publication later this year. The Bill will provide, inter alia, for the introduction of a single application procedure for the investigation of all grounds for protection and any other grounds presented by applicants seeking to remain in the State. This re-organisation of the protection application processing framework should substantially simplify and streamline the existing arrangements by removing the current multi-layered and sequential processes and provide applicants with a final decision on their application in a more ‘straight forward’ and timely fashion.
19. Deputy Joan Collins asked the Minister for Justice and Equality if he will carry out an investigation into strong evidence that News International's Dublin offices were used as a hacking and phone blagging centre in the late 1990s and early 2000s. [9716/14]
View answerAs the Deputy will appreciate I have no role in the investigation of criminal offences, which is a matter for An Garda Síochána. The Garda authorities have previously indicated that they have no record of any complaint or investigation arising from the matters referred to by the Deputy.
20. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which it has been established that sophisticated electronic eavesdropping equipment is available to An Garda Síochána or others; the degree to which it has been determined that such equipment has been in the hands of non-statutory authorities, criminal gangs or other unauthorised persons or organisations in each of the past ten years to date; the extent to which the use of such equipment has been authorised and by whom during the period in question; the extent, if any, to which the monitoring of such activity has been undertaken by the Garda or other police forces throughout Europe in the same period; if Interpol has been alerted in any such suspicious circumstances; and if he will make a statement on the matter. [9674/14]
View answerI wish to advise the Deputy that there are considerable sensitivities around the provision of information of the nature sought by him and that it is not the practice for obvious security reasons to reveal details of equipment in use by An Garda Síochána in tackling serious crime and terrorism. What I can say is that there are statutory provisions in place governing interception of communications and to regulate the use of surveillance equipment by An Garda Síochána.
The Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 provides the legislative basis for the interception of postal packets and telecommunications messages. Authorisations for interception may only be granted by Ministerial Warrant on application by the Commissioner of An Garda Síochána or the Chief of Staff of the Defence Forces. Furthermore they can only be granted for the investigation of serious crime or in the interest of the security of the State.
The Criminal Justice (Surveillance) Act 2009 provides a legislative basis for covert surveillance activities. However, as Minister for Justice and Equality I have no role whatsoever in authorising the carrying out of such activities. An authorisation under the 2009 Act can only be granted by a Judge of the District Court on application by a superior officer of An Garda Síochána or the Revenue Commissioners or the Defence Forces.
There are strict oversight and control mechanisms in place for both Acts. Both are subject to independent judicial oversight by a Designated Judge of the High Court, who has complete and unrestricted access to all cases, documents, records, and personnel pertaining to the operation of the legislation In addition, the Designated Judge is required to report to the Taoiseach on an annual basis on the operation of the legislation. These reports are laid before the Houses of the Oireachtas. I should also add that both Acts provide for a complaints mechanism whereby an individual who believes he or she has been subject to an authorisation for surveillance or whose communications have been intercepted may apply to the independent Complaints Referee for an investigation into the matter.
I am informed by the Garda Authorities that there have been examples over the years where criminals and subversive groups have been in possession of sophisticated surveillance and counter surveillance equipment, either for criminal purposes or in an attempt to avoid detection by An Garda Síochána.
With regard to Interpol, I am further informed that exchanges between An Garda Síochána and Interpol take place as operational requirements demand.
21. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if he will confirm that Mr. Justice Quirke's report clearly stated that survivors of Magdalen laundries should receive directly equivalent services to those provided to holders of the Health Amendment Act card; if he will clarify the reason the terms refer to public health services and public hospitals only; if all of the services that HAA cardholders enjoy will be provided for under the scheme; and if he will make a statement on the matter. [9576/14]
View answerJudge Quirke recommended that "As an integral part of the ex gratia Scheme a card entitling its holder to health services equivalent to those provided to the holder of a HAA card should be given to each of the women who were admitted to and worked in a designated Magdalen laundry."
Appendix G of Judge Quirke's report contains information extracted from the Guide to Community Services Available to HAA Card Holders Under Health (Amendment) Act 1996.
In this regard, Judge Quirke advised that "not all the community services described in that Guide may be directly relevant to the Magdalen women and any comparable Guide for the Magdalen women would require suitable adaptation.
It was also recommended by Judge Quirke that legislation was required in order to implement this recommendation.
The Deputy will appreciate that the provision of medical services is a Department of Health issue. However, it has been agreed that my Department would coordinate legislation to implement Judge Quirke's recommendations. The necessary legislation is included on the priority list of the Government Legislation Programme for the Spring/Summer 2014. Details of exactly what services will be provided is being determined by the Department of Health. My officials are working with that Department in finalising the drafting of the necessary legislative provisions as quickly as possible.
The text in the Terms of the Ex Gratia Scheme Document relating to the provision of medical services was provided by the Department of Health. It will be updated to reflect the provisions contained in the forthcoming legislation.
22. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality his views on supporting the temporary release of a 79 year old peace activist (details supplied) on humanitarian grounds. [9677/14]
View answerThe Deputy will be aware that I spoke on this issue, as a Topical Issue, in January of this year and outlined the background to the detention of the individual (details supplied) concerned.
I am advised by my officials in the Irish Prison Service, that on committal, the prisoner was advised of the existence of Temporary Release and the procedure involved in applying for same. I am further advised by my officials that to date no such application has been made. The prisoner has previously indicated that she would not be willing to abide by the conditions of any temporary release if required to stay away from Shannon Airport.
The Deputy will appreciate that in circumstances where an application has not yet been made, it would be inappropriate for me to pre-judge such an application by commenting in advance.
23. Deputy Niall Collins asked the Minister for Justice and Equality the number of resolutions made to date under the new personal insolvency regime; the number of applications made; the average time before deals are concluded; and if he will make a statement on the matter. [9580/14]
View answerThe Insolvency Service of Ireland (ISI) has indicated that in the interest of confidentiality it will not be providing details or breakdowns of the numbers of applications for the various debt solutions received or being processed at this time.
The ISI has indicated that it fully intends to provide quarterly statistics once a statistically meaningful number of applications have been processed. This is anticipated to be in the second quarter of 2014.
24. Deputy Mattie McGrath asked the Minister for Justice and Equality his plans regarding the introduction of same sex marriage; if he will provide robust provisions for the protection of religious institutions so that they will not be compelled to betray their particular ethos by being forced to accommodate the performance of such arrangements; and if he will make a statement on the matter. [5038/14]
View answerThe Government's decision to hold a referendum on making marriage available to same-sex couples was subject to a commitment to guarantee freedom of religion for solemnisers. There is no question of obliging priests or ministers, for example, to perform marriage ceremonies where their churches would not permit or recognise such marriages. My Department is engaged in the early stages of developing a General Scheme of the implementation Bill that will be required if a referendum on opening marriage to same-sex couples is passed. The policy in the General Scheme will be very clear that only civil registrars who already conduct civil marriage ceremonies may be obliged in the general performance of their duties to perform marriage ceremonies between same-sex couples.
25. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if his attention has been drawn to incidents of property service providers prioritising sales to those customers willing to pay in cash, and the possibility of viewings or consultations being refused to people even though they have mortgage approval; if he will clarify the legalities around owners or property service providers prioritising cash payments; and if he will make a statement on the matter. [9577/14]
View answerThe Property Services Regulatory Authority, which was established on 3 April 2012 in accordance with the provisions of the Property Services (Regulation) Act 2011, is responsible for the control and supervision of Property Service Providers (i.e. auctioneers/estate agents, letting agents and management agents) and for ensuring the maintenance, by such providers, of high standards in the provision of property services. I am advised by the Authority that it has not had any incidents of the type referred to by the Deputy brought to its attention.
26. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the grounds for dismissal of the Garda confidential recipient, Mr Oliver Connolly. [9723/14]
View answer31. Deputy Mick Wallace asked the Minister for Justice and Equality if the decision to relieve the confidential recipient of his duties was connected to the recent release of a transcript of a conversation between the confidential recipient and the whistleblower; the immediate arrangements he has made to provide an official avenue for whistleblowing in advance of any proposed legislative changes; if he will make a statement setting out his position on the content of the transcript; and if he will make a statement on the matter. [9717/14]
View answer217. Deputy Micheál Martin asked the Minister for Justice and Equality if he intends to appoint a new Garda confidential recipient; the timeframe for a new appointment; and if he will make a statement on the matter. [10293/14]
View answerI propose to take Questions Nos. 26, 31 and 217 together.
The independent Confidential Recipient enables members of the Force, and civilian support staff, to report, in confidence, instances where they believe there may be corruption or malpractice within the Garda Síochána. Mr Oliver Connolly was appointed as Confidential Recipient with effect from 18 July 2011 for a 3 year period. The appointment followed the required consultation with the Garda Commissioner, the Garda Ombudsman Commission, the Garda Inspectorate, the Garda representative associations and the trade unions or staff associations representing civilian staff.
Rumours were circulating for some time regarding the existence of an alleged tape and transcript of a confidential conversation between Mr Connolly and Sergeant Maurice McCabe. I am not aware of the circumstances in which the alleged tape was made or the transcript published. At all times it has been my view that communications between the Confidential Recipient and a member of An Garda Síochána are matters private to both parties.
Given the importance of the office’s confidentiality, no justice minister could properly seek out such a transcript or tape. However, following an alleged extract from the alleged tape being placed on the Dáil record, I asked my Department to contact Mr Connolly outlining my concerns that, if the conversation as reported had taken place, his actions had undermined the office of the Confidential Recipient.
Contacts with Mr Connolly over the following weeks did not satisfy me as to his response to the controversy. I wrote to him on 19 February 2014 and informed him that in the context of his failure to unequivocally repudiate the content of the alleged conversation or take the necessary action to restore public confidence in the office of Confidential Recipient, I believed his position was untenable and I had no alternative but to relieve him of the position.
I do not propose to comment further on the alleged tape and transcript other than to say that I want to make it clear that I have no animosity towards Sergeant McCabe. I have absolutely no wish to have a continuing public, or indeed private, dispute with a serving member of An Garda Síochána. I believe it is of crucial importance that whistleblowers are treated with respect and their allegations taken seriously.
I have publicly said that I do not believe the office of Confidential Recipient and the legislation applicable to it is fulfilling the objective for which it was established. I have stated my intention to abolish the office and to enable members of An Garda Síochána who allege misconduct within the Force to have their complaints considered and addressed by the Garda Síochána Ombudsman Commission. The Cabinet has agreed in principle that an appropriate amendment to the Protected Disclosures Bill 2013 should be prepared to enable the Garda Síochána Ombudsman Commission to be prescribed under that Bill as a body to which disclosures may be made by members of the Garda Síochána.
Interim arrangements will be made to fill the Post of Confidential Recipient by the appointment of a retired judge. Every effort will be made to expedite the necessary consultation process so that the appointment can be made as soon as possible.
27. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he will provide an update on An Garda Síochána's investigation into the murder of Sinn Féin councillor, Eddie Fullerton, at Cockhill, Buncrana, County Donegal on 25 May 1991. [9725/14]
View answerThe murder of Eddie Fullerton was a callous and unjustifiable act of brutality, and I extend my sympathies to the Fullerton family. The UFF loyalist paramilitary group subsequently claimed responsibility for the murder. It is a matter of regret that to date no person has been made amenable for this appalling crime and I am conscious that this must add to the family’s grief.
Following a submission by the family in relation to the concerns about the murder in 2003 the Garda Commissioner established a review team to carry out a thorough investigation into all matters of concern that had been raised. The Garda review, which was led by a Chief Superintendent, involved the taking of more than 150 statements and the interviewing of more than 120 people. The Garda review was completed in 2005 and a report was submitted to the then Minister for Justice, Equality and Law Reform. In the period following the completion of the review there was ongoing interaction between the Garda authorities and the PSNI on issues relevant to the investigation.
I am informed by the Garda authorities that the murder of Mr. Fullerton is now listed for review by the Serious Crime Review Team at the National Bureau of Criminal Investigation.
The investigation into Mr. Fullerton's murder remains open and I can assure the Deputy and, indeed, the Fullerton family that any further lines of inquiry arising from new information from any quarter will be actively pursued by the Garda Síochána.
28. Deputy Colm Keaveney asked the Minister for Justice and Equality if he agrees with the assertion in a recent Irish Council for Civil Liberties study (details supplied) that persons with disabilities who are victims of crime remain largely invisible; and if he will make a statement on the matter. [9727/14]
View answerThe report for The Irish Council for Civil Liberties, referred to by the Deputy, highlights some of the added difficulties that victims who have disabilities may face in the pre-trial, trial and post-trial stages of the criminal process. I am very conscious of the need to ensure that all victims of crime are helped to navigate the criminal justice system with the minimum level of discomfort and distress. However this has to be balanced with the rights of the accused.
The National Disability Strategy Implementation Plan was developed by the National Disability Strategy Implementation Group (NDSIG), chaired by my colleague, the Minister for Disability, Equality, Mental Health & Older People, Ms. Kathleen Lynch, T.D., in line with the commitment in the programme for Government. The Plan contains a commitment that the National Disability Authority will engage in discussions with key personnel in the justice system with a view to identifying practical steps that can be taken to improve the accessibility of the system and its procedures for people with disabilities.
I believe that the provisions of the Victims of Crime Directive will strengthen support to all victims, including those with disabilities. The Directive, which covers all victims of crime, is due to be implemented by the Member States by the 16th of November 2015. The Directive provides that the victim should be able to understand and be understood, receive appropriate information about their case, have access to victim support services and be individually assessed to identify specific protection needs and to be heard. A further provision in the Directive states that the victim may be accompanied by a person of their choice for interviews with police, unless a reasoned decision has been made to the contrary. It is my intention to have legislation enacted to comply with the Directive by November, 2015, the deadline contained in the Directive.
29. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of prisoners who have been released from prison on humanitarian grounds, under the provisions of the relevant Acts, since March 2011; and if he will make a statement on the matter. [9467/14]
View answerI wish to advise the Deputy that it is not possible to provide the statistical breakdown, as requested, as this would require the manual examination of tens of thousands of individual prisoner records. This exercise would entail the diversion of a disproportionate and inordinate amount of staff time which could not be justified in current circumstances where there are other significant demands on resources. The Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003 provides that sentenced prisoners may be approved temporary release whether it be for a few hours or a more extended period. The Act sets out the circumstances when temporary release may be provided and what matters must be taken into account.
Candidates for temporary release are identified by a number of different means but primarily on the recommendation of the Prison Governor or the therapeutic services in the prisons. The prisoner, their family or their legal representative can also apply for consideration of such a concession. Recommendations are also made to me in relation to long term sentence prisoners by the Parole Board. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation is to that effect.
Each application for temporary release for whatever reason, including those referred to in your question, is examined on its own merits and the safety of the public is paramount.
Prisoners given reviewable temporary release are typically given one weeks temporary release at which point the prisoner returns to the prison for a fresh decision. Short periods of temporary release are considered for humanitarian reasons for issues such as serious family illness, bereavements and other family issues. All releases are subject to conditions, which in the vast majority of cases include a requirement to report on a daily basis to the offender's Garda Station. Of course, any offender who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí or maybe refused another period of reviewable temporary release.
