Written Answers Nos. 423-445
423. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding the recording of calls at a Garda station (details supplied) in County Kerry; and if he will make a statement on the matter. [16119/14]
View answer440. Deputy Niall Collins asked the Minister for Justice and Equality when the Garda working group on the Garda telephone recordings will complete its report; if that report will be furnished to him; and if the report will be made publically available. [16385/14]
View answer441. Deputy Niall Collins asked the Minister for Justice and Equality the date on which his Department was first informed of the recordings issue; and if he will make a statement on the matter. [16386/14]
View answer442. Deputy Niall Collins asked the Minister for Justice and Equality the date on which his Department was forwarded transcripts arising from the order for discovery made by Mr. Justice Hedigan on 17 May 2013; the actions his Department took; and if he will make a statement on the matter. [16387/14]
View answer443. Deputy Niall Collins asked the Minister for Justice and Equality the communications his Department have conducted with the Data Protection Commissioner; when they were conducted; and if he will make a statement on the matter. [16388/14]
View answer446. Deputy Niall Collins asked the Minister for Justice and Equality his views on his Department's knowledge of the procurement of recording equipment at any stage since the 1980s. [16391/14]
View answer448. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality the total number of audio files in any and all digital formats relating to the current Garda recordings controversy; the total size and duration of those files; and if he will make a statement on the matter. [16409/14]
View answerI propose to take Questions Nos. 423, 440 to 443, inclusive, 446 and 448 together.
The Government has decided to set up a statutory Commission of Investigation into the recording of telephone calls in certain Garda stations. In this regard the Government has today agreed the terms of reference for the Commission and it will examine extensively matters of public concern relating to the issue of recording of conversations in Garda Stations.
The Government has decided to appoint Mr. Justice Nial Fennelly, currently serving as a Judge of the Supreme Court, as Chair of the Commission of Investigation. The terms of reference have been finalised in consultation with Mr. Justice Fennelly.
It would not be appropriate for me to make any further comment in relation to matters which will be addressed in the context of the Commission of Investigation.
424. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Dlí agus Cirt agus Comhionannais cén méid airgid a caitheadh in 2013 ar aistriú doiciméad ó Bhéarla go Gaeilge nó ó Ghaeilge go Béarla, agus ó theangacha eile go Béarla agus ó Bhéarla go teangacha eile, faoi seach; cad ba chaiteachas iomlán riaracháin na Roinne sa bhliain 2013; agus an ndéanfaidh sé ráiteas ina thaobh. [16140/14]
View answerBa mhaith liom a chur in iúl don Teachta gurbh é méid iomlán an chaiteachais a tabhaíodh sa bhliain 2013 ar dhoiciméid a aistriú ó Bhéarla go Gaeilge agus ó Ghaeilge go Béarla, agus ó Bhéarla go teangacha eile agus ó theangacha eile go Béarla, ná €161,640. B’fhéidir gur mhaith leis an Teachta a thabhairt dá aire, ar son na hiomláine, go n-áirítear san fhigiúr sin faisnéis ó Sheirbhís Phríosúin na hÉireann agus ón tSeirbhís Phromhaidh araon. Is ceart don Teachta a thabhairt dá aire, chomh maith, nach bhfuil tuarastal Aistritheoir na Roinne san áireamh san fhigiúr sin.
Is féidir liom a dhearbhú don Teachta, cé go bhfostaíonn mo Roinn aistritheoirí Gaeilge ó lasmuigh ar uairibh, déanann Aistritheoir in-tí na Roinne, agus baill foirne eile atá oilte sa Ghaeilge, a oiread oibre aistriúcháin agus is féidir. Ar shamplaí de dhoiciméid a d’aistrigh baill foirne na Roinne go Gaeilge tá Rialacha Cúirte, Ionstraimí Reachtúla, foirmeacha, leathanaigh do shuímh ghréasáin, comhfhreagras, srl.
Mar gheall ar chineál na hoibre, bíonn aistriú méideanna móra doiciméad i gceist in obair Sheirbhís Éadaoirseachta agus Inimirce na hÉireann agus gníomhaireachtaí comhbhainteacha. Mar shampla, sa bhliain 2013 aistríodh réimse leathan doiciméad ó 38 teanga éagsúla go Béarla agus ó Bhéarla go 19 teanga éagsúla, lena n-áirítear an Ghaeilge. Ní choinnítear taifid i slí le gur féidir costais a mhiondealú de réir teanga.
Ar deireadh, ba mhaith liom a chur in iúl don Teachta gurbh é an buiséad riaracháin do mo Roinn don bhliain 2013 ná €45.2 milliún.
425. Deputy Catherine Murphy asked the Minister for Justice and Equality the exact date upon which the head of the Garda Special Branch recently retired; when he expects that this vacancy will be filled; and if he will make a statement on the matter. [16166/14]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of all personnel among the Garda Regions, Divisions, and Districts. Garda management keep this distribution 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 objective at all times is to ensure that optimum use is made of Garda resources and that the best possible Garda service is provided to the public.
While there is no unit in An Garda Síochána called the Special Branch, I am presuming the Deputy is referring to the recent retirement of a Chief Superintendent from the Special Detective Unit. I have asked the Garda Commissioner to advise me as to when this particular vacancy will be filled on a permanent basis.
426. Deputy Seán Kenny asked the Minister for Justice and Equality if he will instruct that additional high visibility patrols be assigned to the Temple Bar area, Dublin and adjoining streets each weekend to robustly tackle alcohol related incidents. [16261/14]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the deployment of personnel and Garda management keep this 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.
I share the issues of concern the Deputy has raised and would draw his attention to the Dublin City Centre Policing Plan which has been operational since June 2013 and includes dedicated high visibility patrols in key commercial and public thoroughfares. These patrols are informed by crime trends, demand led studies and footfall in the areas in question. As part of this Plan, a dedicated Public Order Van is deployed during the weekend. In addition to routine plain clothes patrols, dedicated plain clothes foot patrols are assigned to the Temple Bar area and adjoining streets each Friday and Saturday night under Operation Aughrim. In addition, Operation Pier concentrates high visibility patrols on the South Quays and Temple Bar area.
I can further inform the Deputy that in addition to these overall operational measures, two members of the Community Policing Unit at Pearse Street Garda Station are specifically assigned to the Temple Bar area and maintain liaison with the residents and other stakeholders in the area. In this regard, I am advised that ongoing consultation is maintained with the Temple Bar Traders association and Dublin Business Improvement District (BID) and that the policing needs of the area are kept under ongoing review.
427. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide a breakdown of the crime statistics for Dalkey, County Dublin in 2011, 2012 and 2013. [16275/14]
View answerThe 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 have requested the CSO to provide statistics directly to the Deputy.
428. Deputy Niall Collins asked the Minister for Justice and Equality the additional supports that have been put in place since the closure of the Kill O' The Grange Garda station in County Dublin such as mobile clinics, community alert schemes and so on; and if he will make a statement on the matter. [16276/14]
View answer429. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide an update on the proposed site for the new Garda station that was to facilitate the merging of Cabinteely Garda station and Kill O'The Grange stations in County Dublin; the timeline for its construction and when it will be opened and estimated staff at the station. [16277/14]
View answerI propose to take Questions Nos. 428 and 429 together.
The Policing Plan for 2013 outlined the Garda Commissioner's proposals for the continued reorganisation and consolidation of the Garda Station and District network. In preparing that plan, 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.
The Commissioner determined as a result of that review that a number of Garda stations should be closed and concluded that the communities covered by the areas in question could be better served by having Gardaí patrolling the areas rather than being confined to a specific premises. The revised structures continue to support An Garda Síochána's community policing philosophy.
I am advised by the Garda authorities that the Dún Laoghaire and Cabinteely Sub Districts now provide the policing service to the Kill O'The Grange area. I am further informed that An Garda Síochána has engaged actively with the residents of Kill O'The Grange and put in place specific arrangements to provide regular Garda clinics within the former Kill O'The Grange Sub District. These clinics are held in Kill O'The Grange, Sallynoggin and Foxrock.
The Deputy will be aware that, following the closure of Kill O'The Grange Garda station, Garda personnel were transferred to Cabinteely and Dun Laoghaire Garda stations, with additional accommodation being provided at both locations for the purposes of accommodating those members who were transferred.
I am advised by the Garda authorities that a full policing service continues to be provided for Kill O'The Grange and that there are currently no plans to develop a new Garda Station to cater for the area.
430. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views (details supplied) regarding Garda vetting; and if he will make a statement on the matter. [16310/14]
View answer431. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on correspondence (details supplied) on Garda vetting regarding soft information; and if he will make a statement on the matter. [16311/14]
View answer432. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if the new legislation with regard to Garda vetting is being implemented and when it will come into force; and if he will make a statement on the matter. [16312/14]
View answerI propose to take Questions Nos. 430 to 432, inclusive, together.
The information provided by the Deputy is unclear as to the age that the young person in question was at the time the theft offences were committed. If the person was under 18 at that time, then in accordance with the provisions of section 258 of the Children Act 2001, such offences would not be disclosed once a period of three years has elapsed since the date of the offence, provided that the person has complied with any order of the Court.
Separately, elements of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 relating to the disclosure of convictions of persons over 18 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. I expect to be in a position to commence the provisions of the 2012 Act in the autumn of 2014.
The National Vetting Bureau (Children & Vulnerable Persons) Act 2012 sets out procedures to allow the disclosure of criminal records and specified information for vetting purposes. “Specified information” is information other than a court determined criminal record. For example, “specified information” would include cases where, in accordance with the provisions of the Probation Act 1907 the Courts find that a case against an adult person has been proved, but the person is given probation instead of a criminal conviction. The procedures set out in the Act are designed to ensure that the human rights of the person being vetted are adequately protected. It is important to note that before specified information can be disclosed, the person who is the subject of the information must be given a copy of that information and must be given the opportunity to challenge the proposed disclosure. The Act also provides that a disclosure of such information will only occur where there is a bona fide concern that the person poses a threat to children or vulnerable persons, and the information has been assessed for its reliability and relevance, and the disclosure is in accordance with principles of natural justice. In the meantime, the vetting of persons working with children and vulnerable persons continues to be done on a non-statutory basis.
Pending commencement of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 the revisions in approach outlined above will, in the interim be applied on an administrative basis by the Garda Central Vetting Unit. Until now all records of all criminal convictions have been disclosed by the Gardaí when vetting people for various employments. However, in future certain minor offences that are more than seven years old, where the person has not subsequently reoffended, will not be disclosed. In addition, cases of minor offences where charges are struck out will not be disclosed. Minor motoring or public order offences which are more than seven years old will not be disclosed in any case. Instances where the District Court has applied the Probation Act will not be disclosed unless the offence in question is a sexual offence or an offence against the person.
More serious offences, such as all sexual offences, offences against the person, serious motoring offences, firearms offences, robbery, or any offence for which the person is convicted on indictment will continue to be disclosed in all cases.
433. Deputy Gerald Nash asked the Minister for Justice and Equality if he will support the concept of automatically appointing Commissioners for Oaths as Peace Commissioners; and if he will make a statement on the matter. [16320/14]
View answerPeace Commissioners are appointed by me under Section 88 of the Courts of Justice Act, 1924. The appointment of Commissioners for Oaths however is a matter for the Chief Justice and I have no role in these appointments.
There is a separate and distinct application process and appointment procedure in place for Commissioners for Oaths and Peace Commissioners. It is also the case that Commissioners for Oaths are usually practising solicitors whereas it is established practice not to appoint individuals working in the legal profession as Peace Commissioners. While noting the Deputy's suggestion, it is not possible in the circumstances to automatically appoint Commissioners for Oaths as Peace Commissioners.
434. Deputy Terence Flanagan asked the Minister for Justice and Equality his plans to implement the introduction of a limit on the amount of management company fees charged to apartment owners; and if he will make a statement on the matter. [16326/14]
View answerThe primary purpose of the Multi-Unit Developments Act 2011 is to reform the law relating to the ownership and management of common areas of multi-unit developments and to facilitate the fair, efficient and effective management of owners' management companies (OMCs). OMCs, the membership of which comprise the owners of residential units within the development, are established for the purposes of management of such common areas.
Section 18 of the 2011 Act requires OMCs to establish and maintain a scheme of annual service charges from which they may discharge expenditure incurred on the provision of common or shared services to the owners and occupiers of residential units in the development, including insurance, waste management and security services. These service charges must be calculated on a transparent basis, and be equitably apportioned between the residential unit owners. In order to ensure transparency and accountability, both the annual service charge and the services to be provided must be approved by a general meeting of the members of the OMC.
Through their membership of the OMC, residential unit owners have the right and duty to set and approve appropriate annual service charges and contributions to the sinking fund. It would not therefore be appropriate to impose restrictions or introduce limits in respect of such matters. I would however encourage all residential unit owners to attend and participate actively in the annual general meeting at which decisions in respect of these matters are reached.
435. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the name of the investigating garda; the Garda PULSE number; the outcome of the Garda investigation and the name of the garda who made the final decision in respect of a Garda statement given by a person (details supplied) in County Mayo; and if he will make a statement on the matter. [16342/14]
View answerThe Deputy will appreciate that it would not be appropriate for me to comment on the investigation of individual cases and I as Minister do not have any role in such matters. However, I am informed by the Garda authorities that requests for information in relation to specific investigations should be addressed to local Garda management in the Garda District concerned.
436. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will provide in tabular form the number of persons of all nationalities that have been detected by the Garda as victims of trafficking for forced labour between 2008 and March 2014. [16350/14]
View answerPlease see set out as follows the information requested from the Deputy:
|
Year |
No. of persons of all nationalities that have been detected by An Garda Síochána as victims of trafficking for forced labour |
|
2008* |
|
|
2009 |
18 |
|
2010 |
19 |
|
2011 |
13 |
|
2012 |
06 |
|
2013 |
08 |
|
2014 |
4 |
*As the Criminal Law (Human Trafficking) Act 2008 came into effect on 7 June 2008, there are no recorded figures of human trafficking prior to that date. Between 7 June and 31 December 2008, 36 alleged victims of human trafficking were encountered by An Garda Síochána. No further breakdown of the 2008 figures is available.
437. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will provide in tabular form the number of persons of all nationalities who have been charged with offences and who have been detected by the Garda as victims of trafficking for forced labour between 2008 and March 2014. [16351/14]
View answerI have requested the information sought from the Garda authorities and I will revert to the Deputy in due course as soon as the information is to hand.
438. Deputy Clare Daly asked the Minister for Justice and Equality if he will request the Garda Inspectorate to carry out an inquiry into the administration of the firearm licensing system by An Garda Síochána since 2009, in view of the fact that over 600 cases have been successfully taken to the courts against Garda decisions. [16357/14]
View answerThe Deputy will appreciate that firearms legislation provides for an appeal to the District Court where a firearms license has been refused by An Garda Síochána. In addition, there have been a number of judicial review cases in this area in the context of persons whose applications for firearms licenses have been refused. My paramount concern in this area is public safety. In light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the judiciary, my Department is currently examining key policy, legislative, administrative and other issues relating to firearms licensing in conjunction with An Garda Síochána. I expect to receive a report on this matter in due course. When I have considered that report I will decide what further action is necessary in relation to the administration of the firearms licensing system. Consultation with relevant stakeholders will be addressed before any decisions are finalised in relation to proposals for change to the firearms licensing system.
439. Deputy Noel Harrington asked the Minister for Justice and Equality the options available to a host regarding requests for information from hosts in supporting applicants for visitors visas by INIS who does not want to reveal his banking account details for sound sensitive commercial reasons; and if he will make a statement on the matter. [16358/14]
View answerWhere a visa application is made on the basis that a person resident in Ireland will host the applicant for the duration of their visit, evidence of the host's finances, including bank statements, is required to be submitted as part of the application. This is a standard requirement by immigration authorities in jurisdictions around the world. Such information is necessary in order to demonstrate to the visa officer that adequate financial support will be available to the applicant concerned for the duration of their intended visit, particularly should any unforeseen circumstances arise.This requirement decreases the likelihood that the granting of a visa could result in a cost to State funds or resources, an important consideration in any decision to approve a visa application.
I can assure the Deputy that all information and documentation provided as part of a visa application is treated in complete confidence and is used for no purpose other than the making of the decision on the application concerned. In addition, of course, such information is subject to the provisions and safeguards of the Data Protection Acts.
Information as to the visa application process (including a link to the on-line application form) can be found on the Irish Naturalisation and Immigration Service website (www.inis.gov.ie ). It should be borne in mind, however, that the information contained on the website is intended to act as guidance only. As every visa applicant and their circumstances are unique, it is impossible to be completely prescriptive about the type of supporting information that should be supplied and accordingly, such details are dealt with as part of the application process.
444. Deputy Niall Collins asked the Minister for Justice and Equality the reasons for the delay in being informed of the section 41 letter dated 10 March 2014; and if he will make a statement on the matter. [16389/14]
View answer449. Deputy Niall Collins asked the Minister for Justice and Equality if the contents of the section 41 letter from 10 March 2014 was discussed on his 24 March briefing by the Secretary General of his Department; and if he will make a statement on the matter. [16423/14]
View answerI propose to take Questions Nos. 444 and 449 together.
The Deputy will be aware that the Government has decided to set up a statutory Commission of Investigation into the recording of telephone calls in certain Garda stations and certain other matters. In this regard the Government has today agreed the terms of reference for the Commission which encompass the type of issues referred to by the Deputy. In the circumstances it would not be appropriate for me to make any further comment in relation to matters which will be addressed in the context of the Commission of Investigation.
445. Deputy Niall Collins asked the Minister for Justice and Equality the number of section 41 letters he has received since March 2011; the number addressed to the Secretary General; and the number addressed to him. [16390/14]
View answerSection 41 of the Garda Síochána Act 2005 requires the Garda Commissioner to keep the Minister and the Secretary General informed of a range of matter under four categories, namely, (i) significant developments concerning the preservation of peace and public order in the State, the protection of life and property in the State, and the protection of the security of the State; (ii) significant developments that might reasonably be expected to affect adversely public confidence in the Garda Síochána; (iii) matters relevant to the accountability of the Government to the Houses of the Oireachtas; and (iv) any other matters that, in the Commissioner's opinion, should be brought to the Minister's attention.
The purpose and effect of section 41, therefore, is to put in place a statutory framework for the provision of information by the Commissioner to the Secretary General and the Minister. A very wide range of information is provided by the Commissioner which would be covered by this section, ranging from updates on crime and security matters to the provision of material to enable the Minister to answer questions in Dáil Éireann (information of a type which in practice would have been previously provided before the enactment of section 41). In many, if not most, cases information which is supplied by the Commissioner, and which fall within the scope of section 41, might not be specifically expressed to be a communication under section 41. It is therefore not reasonably practicable to give details of the number of such communications.
