Thursday, 17 Apr 2014

Written Answers Nos. 185-193

Crime Levels

Questions (185)

Jonathan O'Brien

Question:

185. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the number of robberies of betting offices that occurred during each of the past four years. [18269/14]

Written answers

Minister for Justice and Equality

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 have requested the CSO to provide statistics directly to the Deputy.

Gender Recognition

Questions (186)

Marcella Corcoran Kennedy

Question:

186. Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality if he will address the issue of gender identity through equality legislation. [18291/14]

Written answers

Minister for Justice and Equality

Proposals in relation to recognition of gender identity are being progressed by my colleague, the Minister for Social Protection, who published the General Scheme of a Gender Recognition Bill in July 2013.

With regard to equality legislation, the Equality Tribunal and the Courts have interpreted the existing provisions prohibiting gender discrimination as applying also to the situation of transgender persons. Therefore, amendment to these Acts is not necessary to ensure that the desired protections are in place in law for this group in society. The question of whether addition of an explicit reference might be beneficial, particularly in raising awareness of equality issues affecting transgender people in employment, will be further considered, however, in the context of any future review of equality legislation generally.

Question No. 187 answered with Question No. 184.

Deportation Orders Re-examination

Questions (188)

Bernard Durkan

Question:

188. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will extend the date within which the various options available to a person (details supplied) in County Carlow as referred to in correspondence from the immigration officer of 2 April 2014 wherein reference was made to the original letter, undated, but which required a response within 15 working days in view of the fact that this person was not aware of this correspondence; and if he will make a statement on the matter. [18330/14]

Written answers

Minister for Justice and Equality

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department, that the person referred to by the Deputy had failed to report for a supervised departure from the State on 05 December 2012. On the 17 February 2014 the Garda Naturalisation Immigration Bureau (GNIB) wrote to INIS requesting that an intention to deport letter be issued to the person concerned. The intention to deport letter was forwarded to the GNIB on 01 April 2014 for service by hand to the person concerned.

The INIS has made enquiries in this matter and I am informed that it appears that it was not possible to deliver the letter. In the circumstances, INIS will make arrangements for the letter to be reissued to the person concerned: the 15 working day period set out in the letter will apply from the date it has been served by hand or posted by registered post, as appropriate.

Queries in relation to the status of individual immigration cases may be made directly to INIS by email 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 Question process.

The Deputy may consider using the email service except in cases where the response from INIS is, in the Deputy's view inadequate or too long awaited.

Deportation Orders Re-examination

Questions (189)

Bernard Durkan

Question:

189. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will re-examine circumstances regarding the residency of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [18333/14]

Written answers

Minister for Justice and Equality

I refer the Deputy to my reply given to his Parliamentary Question No. 10153/14 of 27th February 2014. The situation is unchanged since then. The person concerned is the subject of a Deportation Order, following a comprehensive and thorough examination of her asylum claim.

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State.

The enforcement of the Deportation Order remains an operational matter for the Garda National Immigration Bureau.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by Email 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.

Road Safety

Questions (190)

Derek Nolan

Question:

190. Deputy Derek Nolan asked the Minister for Justice and Equality the guidelines and-or methodologies employed by An Garda Síochána when carrying out, compiling and analysing speed surveys; and if he will make a statement on the matter. [18340/14]

Written answers

Minister for Justice and Equality

The Deputy will be aware that since 2010, An Garda Síochána has contracted a service provider ‘GoSafe’ to operate safety cameras on its behalf. This service encompasses both speed detection and speed survey sessions.

In that regard, GoSafe conducts regular speed surveys at locations identified by An Garda Síochána as having the greatest propensity for speed related collisions, to ensure on-going appropriate deployment of safety cameras. I am informed by the Garda authorities that prior to a zone being used for conducting monitoring sessions, a number of speed surveys are carried out to establish baseline driver behaviour within the zone against which any changes in driver behaviour can be determined. Speed surveys are then carried out at regular intervals within these zones to track any changes in driver behaviour and to monitor compliance with speed limits within these zones. Each survey session counts the free speed of vehicles under 5 categories; cars; single-decker buses; double-decker buses; rigid vehicles; and articulated vehicles.

Garda Investigations

Questions (191)

Pádraig MacLochlainn

Question:

191. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he will ask the acting Garda Commissioner to examine the allegations reported in The Sunday Times on 23 March 2014 that two children from a Traveller family were entered into the Garda PULSE system, despite the fact that they had neither reported a crime or been charged with any crime; if he will ask the acting Garda Commissioner to personally examine the PULSE records related to this matter; and if he will confirm that the entries are in line with all legal requirements. [18381/14]

Written answers

Minister for Justice and Equality

I have been assured by the Garda Commissioner that the Garda Síochána does not engage in data gathering or data mining of individuals or groups with regard to race, colour, language, religion, nationality, national or ethnic origin, ethnicity or membership of the Traveller Community. I, however, have asked the Garda Commissioner to examine the allegations which are the subject of this Parliamentary Question and to report to me in the matter.

Northern Ireland Issues

Questions (192, 193)

Gerry Adams

Question:

192. Deputy Gerry Adams asked the Minister for Justice and Equality if he will implement the recommendations of the final report of the Joint Committee on Justice, Equality, Defence and Women’s Rights on the report of the independent commission of inquiry into the murder of Seamus Ludlow in March 2006. [18458/14]

Gerry Adams

Question:

193. Deputy Gerry Adams asked the Minister for Justice and Equality if he intends to implement the recommendation of the final report of the Joint Committee on Justice, Equality, Defence and Women’s Rights on the report of the independent commission of inquiry into the murder of Seamus Ludlow that a commission of investigation be established to investigate the following: if the evidence collected at the scene of the murder of Seamus Ludlow in 1976 was available in 1979; if not, the reason; the reason credible leads given to the Garda by the Northern Ireland police force were not followed up; the reason the four named suspects were not interviewed; if there was a policy in existence not to interview suspects in Northern Ireland for crimes committed in this jurisdiction; if a decision was taken not to actively pursue the investigation of the murder of Seamus Ludlow; and if so, the person who took that decision and the reason for same. [18459/14]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 192 and 193 together.

The killing of Seamus Ludlow in May 1976 was a callous act of violence for which there can be no justification. It was, above all, a tragedy for Seamus Ludlow's family.

As the Deputy will be aware the late Mr. Justice Henry Barron carried out a lengthy and detailed inquiry into a number of brutal atrocities committed in the State in the 1970s which claimed the lives of innocent people, including into the murder of Seamus Ludlow and surrounding events. The Barron Inquiry's report on the murder of Seamus Ludlow was reported on by the Oireachtas Joint Committee on Justice, Equality, Defence and Women’s Rights in 2006 and the Committee made many recommendations with regard to various aspects of the case which have been followed through. There are, however, no plans at present to establish a Commission of Investigation into the case.

It is a matter of regret that to date nobody has been made amenable for this crime. The Garda investigation remains open and any credible new information that is brought to attention will be pursued vigorously by the investigators. I have asked the Garda authorities for a report on the up-to-date position and I will communicate further with the Deputy when it is to hand.