Written Answers Nos. 646-660
646. Deputy Thomas Pringle asked the Minister for Justice and Equality the steps she is taking or plans to take to ensure the State's compliance with the EU victims directive for victims of sexual violence; and if she will make a statement on the matter. [23134/14]
View answerI believe that the provisions of the Victims of Crime Directive will strengthen support to victims, including those who have suffered sexual violence. 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 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.
647. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to make deductions from social welfare payments (details supplied) in Dublin 5; and if she will make a statement on the matter. [23158/14]
View answerI wish to advise the Deputy that the Fines (Payment and Recovery) Act 2014 was signed into law by the President on 16 April 2014. The aim of the legislation is to improve the rate of fine default and reduce to the greatest extent possible the use of imprisonment as a sanction for fine default. It provides that the Court imposing a fine shall take into account a person's financial circumstances. It further provides, inter alia, that where a person fails to pay a fine by the due date the Court may make an attachment order to earnings as a means of recovering an unpaid fine. The Act does not, however, provide that the Court may make an attachment order to social welfare payments.
A Project Board is in place to oversee the implementation of the Act and to deal with such issues as the design and development of new systems to support the new payment arrangements. The intention is that the Act will be commenced in stages while necessary regulations are introduced and it is envisaged that the first provision to be commenced later this year will be the provision for payment by instalments.
648. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a review will be undertaken in the matter of residency entitlement previously refused in the case of a person (details supplied) in County Laois; and if she will make a statement on the matter. [22132/14]
View answerIf the person whose details were supplied has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such cases for so long as they are in the protection process.
649. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if further consideration will be given to re-examination of an application for naturalisation previously refused on the grounds of motoring offences in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [22203/14]
View answerThe Irish Nationality and Citizenship Act 1956, as amended provides that the Minister for Justice has absolute discretion to grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. One such condition is that Minister must be satisfied that the applicant is of good character.
The case was submitted to my predecessor for decision and he decided in his absolute discretion to refuse the application, having considered the information presented, including information provided by the applicant in relation to the matter referred to by the Deputy. There is no provision under the Irish Nationality and Citizenship Act 1956, as amended, for appeal of a decision to refuse an application. It is open to any individual to lodge a new application for a certificate of naturalisation at any time if they consider they are in a position to meet the prescribed statutory requirements.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
650. Deputy Jack Wall asked the Minister for Justice and Equality when she will ratify the UN convention on the rights of children with a disability; and if she will make a statement on the matter. [22239/14]
View answerI am assuming that the Deputy is referring to the UN Convention on the Rights of Persons with Disabilities, for which my Department has responsibility. I would like to refer him to the response given by my colleague, Minister of State Kathleen Lynch on 27 February 2014, in which she informed the House that the Government intends to proceed to ratification of the Convention as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. As the Deputy may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by them, including the amendment of domestic law as necessary.
An interdepartmental committee on the Convention is reviewing the remaining legislative and administrative actions required to enable ratification. As part of its work programme, the committee has identified issues to be considered by various Departments and examination of these issues is ongoing. At the request of the committee, the National Disability Authority, the lead statutory agency for the sector, is also assisting in assessing remaining requirements for ratification to ensure that all outstanding issues will be comprehensively addressed.
For my Department, one of the key requirements is the enactment of capacity legislation. The programme for Government contains a commitment to introduce a Bill in line with the UN Convention on the Rights of Persons with Disabilities. The Assisted Decision-Making (Capacity) Bill, published on 17 July 2013, provides a series of options to support people with impaired capacity to make decisions and exercise their basic rights in line with the principles of the UN Convention. It undertakes a comprehensive reform of existing legislation governing capacity. The Bill will go to Committee Stage shortly. The enactment of this legislation is one of the core elements of the remaining work to be completed to enable ratification by the State of the UN Convention.
651. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which there is any further assessment of eligibility for temporary long-term residency in the case of a person (details supplied); and if she will make a statement on the matter. [22257/14]
View answerAs the Deputy is aware, if the person whose details were supplied has made an application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they are in the protection process.
652. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding naturalisation in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [22258/14]
View answerAll applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Irish Nationality and Citizenship Act 1956, as amended. Section 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation if satisfied certain statutory conditions are fulfilled. In particular, these conditions require that an applicant is of good character; has had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to four years; that he or she intends in good faith to continue to reside in the State after naturalisation; and has made a declaration in the prescribed manner of fidelity to the Irish nation and loyalty to the State. A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law.
It would be inappropriate for me to indicate how specific offences will be considered in any future application as each application is considered on its merits based on the entirety of the case presented at that time. I can inform the Deputy that I am concerned to ensure that the threshold of what constitutes good character is, taking all things into account, maintained at an appropriate level and as such is fair to all applicants having regard to their particular circumstances.
It is open to the person concerned to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.
Queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
653. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding the Law Society; and if she will make a statement on the matter. [22283/14]
View answerAs some of the matters raised by the Deputy have been brought before the Law Society and a case is going before the Office of the Independent Adjudicator under the relevant complaints procedures of the Solicitors Acts 1954 to 2013, it would not be appropriate for me to comment on the details of the specific case involved. The matters raised have also been responded to in separate correspondence with my Department.
However, in relation to the broader concerns raised, I would point out that the Legal Services Regulation Bill 2011, which has completed Dáil Committee Stage, gives legislative expression to the commitment in the Programme for Government to "establish independent regulation of the legal professions to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints". The Government’s continued commitment to the Bill’s wide-reaching structural reforms is reflected in the fact that the Bill, having been a key structural reform under the EU/IMF/ECB Troika Programme, is now a key component of the Action Plan for Jobs, the Medium Term Economic Strategy 2014-2020 and of the National Reform Plan. I would highlight that the Bill, in three of the objectives it sets out in section 9 for the new Legal Services Regulatory Authority, balances the focus of regulation more evenly to the benefit of consumers of legal services. It does this in terms of 'protecting and promoting the public interest; protecting and promoting the interests of consumers relating to the provision of legal services and, promoting competition in the provision of legal services in the State'.
Building on these consumer focussed objectives, the Legal Services Regulation Bill makes extensive provision for a new and enhanced legal costs regime that will bring greater transparency to how legal costs are charged along with a better balance between the interests of legal practitioners and those of their clients. The Bill sets out, for the first time in legislation, a series of Legal Costs Principles. These are contained in Schedule One and enumerate the various matters that may be taken into account if disputed costs are submitted for adjudication by the new Office of the Independent Adjudicator which will replace that of the existing Taxing-Master. These cost transparency measures will apply to barristers as well as to solicitors. The Bill also provides that the new Legal Services Regulatory Authority will be bolstered by an independent complaints regime and an independent Legal Practitioners' Disciplinary Tribunal. The new Authority will provide a first port of call that is entirely independent of the legal professional bodies for members of the public who may have complaints about solicitors or barristers - at present this is done through their respective professional bodies. Enactment of the Legal Services Regulation Bill will, therefore, create a clearer distinction between the historical representational role of the Law Society and the regulatory functions that are being conferred by the Bill on the new Legal Services Regulatory Authority in relation to solicitors. This will inspire greater public confidence in the independence of regulation in this area.
654. Deputy Kevin Humphreys asked the Minister for Justice and Equality her plans to introduce laws targeting sex buyers to end exploitation, abuse and trafficking; if her attention has been drawn to the fact that it is nearly a year since the publication of the report of the Oireachtas Joint Committee on Justice, Defence and Equality on this matter; if she will take urgent action to implement legislation which would protect women and girls from exploitation and trafficking into the sex trade; and if she will make a statement on the matter. [22346/14]
View answer698. Deputy Thomas Pringle asked the Minister for Justice and Equality her plans for legislation on prostitution following the publication of the Oireachtas Joint Committee on Justice, Defence and Equality report on prostitution here; and if she will make a statement on the matter. [23141/14]
View answer704. Deputy Michael Healy-Rae asked the Minister for Justice and Equality when she will table a Bill regarding laws targeting sex buyers to end exploitation, abuse and trafficking; and if she will make a statement on the matter. [23340/14]
View answer705. Deputy Billy Timmins asked the Minister for Justice and Equality the position regarding legislation (details supplied) which would protect women and girls from exploitation and trafficking into the sex trade and putting pimps and traffickers out of business; and if she will make a statement on the matter. [23394/14]
View answerI propose to take Questions Nos. 654, 698, 704 and 705 together.
The Deputies will appreciate that I have not yet had an opportunity to fully review this matter. Following the publication of the report of the Justice Committee in June last year, the committee was requested to clarify and elaborate some of its recommendations for a new approach to prostitution legislation. The relevant correspondence with the committee was concluded in December.
The advices of the Attorney General and the views of the Minister for Health on the committee's recommendations were received in February and March, respectively. The issue of prostitution has also been the subject of recent debate at EU and Council of Europe level. Prostitution raises a wide spectrum of issues. When I have had the opportunity to properly consider all of these, legislative proposals will be brought to Government in the usual way.
655. Deputy Martin Ferris asked the Minister for Justice and Equality the reason a person (details supplied) in County Kerry has been told by gardaí in Tralee that no record of an investigation exists of an incident that occurred on 25 February 2010 after which the person made a formal complaint and received an acknowledgement of same on 2 March 2010. [22352/14]
View answerI am informed by the Garda authorities that a statement was taken from the person referred to, a full investigation was carried out by An Garda Síochána into the incident, and that this is reflected in Garda records. If there are outstanding issues of concern, I will raise the matter with the Garda authorities.
656. Deputy Michael McCarthy asked the Minister for Justice and Equality with regard to Garda vetting for the purposes of clearance of those working with children and so on, the reason for the delays in processing the vetting applications; her views on whether this is a major barrier to persons seeking employment or career advancement which obviously impacts on their capacity to earn a living; and if she will make a statement on the matter. [22359/14]
View answerThe Deputy will appreciate that vetting procedures in this country are in place to protect children and vulnerable adults. As such they demand rigorous procedures to ensure their integrity and to maintain the highest level of confidence by the public and organisations availing of them.
Any vetting process will take a certain minimum amount of time to complete. In that regard, I am informed by the Garda authorities that the current average processing time for applications is approximately 4 weeks from date of receipt. This is a considerable improvement on last year when processing times had reached 14 weeks. I should also point out that the number of vetting applications received by the Garda Central Vetting Unit (GCVU) each year has risen from 187,864 in 2007 to 381,082 by the end of 2013. In the circumstances, and while acknowledging that improvements can always be made, I am of the view that the current processing time is within acceptable limits in the context of the delivery of an effective service.
Garda Vetting applications are processed on a first-come, first serve basis in chronological order from date of receipt. This is with a view to observing equity and fairness in respect of all vetting subjects. A full vetting check is conducted for each new application received to ensure that the most recent data available is taken into account. Of course processing times will fluctuate upwards and downwards depending on seasonal demands and volumes received and, in some cases, depending on whether further enquiries have to be conducted with external Garda Stations or other agencies such as the Courts Service, Probation Service, HSE, etc. These enquiries are conducted for a multiplicity of reasons such as verification of identity, updating of incomplete records, and establishing outcomes of investigations.
In the context of improving the service, the Deputy may wish to note that there are now 174 whole-time equivalent staff assigned to the Garda Central Vetting Unit (GCVU), an 87% increase on the staffing level at the end of December 2012 when 93 staff were assigned to the GCVU. The development of an e-Vetting solution is also under way and this will facilitate the processing of applications in an e-format, thus removing the current time-consuming process of managing applications received manually. Internal workshops in relation to testing and process development began in 2014 and are ongoing. It is envisaged that there will be further engagement and testing with external organisations prior to full roll-out and implementation. It is anticipated that E-vetting will streamline the entire vetting process and greatly contribute to reducing processing times for vetting applications.
657. Deputy Finian McGrath asked the Minister for Justice and Equality if she will provide an update on a case (details supplied) regarding allegations of Garda corruption; and if she will make a statement on the matter. [22371/14]
View answer700. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding an inquest in a case that raises serious issues regarding evidence found (details supplied); and if she will make a statement on the matter. [23229/14]
View answerI propose to take Questions Nos. 657 and 700 together.
I would like to express my sincere condolences to the family concerned for the tragic loss of life in the case referred to by the Deputy. The Deputy will appreciate that I do not have a role in the investigation of criminal cases or the conduct of inquests. However, the Deputy may be aware that the Garda investigation into the death of the person he has referred to is the subject of a complaint which has been received by my Department. I am currently considering my response and I will contact the Deputy again in relation to it.
658. Deputy Colm Keaveney asked the Minister for Justice and Equality the number of vehicles allocated to the Loughrea district on 31 March 2012 and on 31 March 2013; and if she will make a statement on the matter. [22391/14]
View answerDecisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources.
Responsibility for the efficient deployment of Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations, as required by operational circumstances. The Deputy will appreciate that a degree of flexibility in allocating and re-allocating vehicles among stations, so as to best match the allocation of resources with policing priorities, is essential to the efficient management of the Garda fleet.
I am advised by the Garda authorities that the allocation of vehicles in the Loughrea District on 31 March 2012 and 31 March 2013 is as shown in the table.
|
- |
No. of vehicles at 31 March 2012 |
No. of vehicles at 31 March 2013 |
|
Loughrea District |
6 |
6 |
659. Deputy Seán Kenny asked the Minister for Justice and Equality her plans to have Swords District Court, County Dublin, refurbished; and if she will make a statement on the matter. [22398/14]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. However, in order to be of assistance, I have had enquiries made and I am informed that while works have recently been carried out to repair damage to the ceiling in Swords Courthouse there are currently no plans for further work.
660. Deputy Seán Kenny asked the Minister for Justice and Equality the number of gardaí by rank in the community policing unit in the Garda R and J districts in the years 2011, 2012 and 2013; and if she will make a statement on the matter. [22399/14]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, including Community Gardaí, 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 Deputy will be aware that all Gardaí have responsibility, inter alia, to deal with Community Policing issues as and when they arise. I have however been informed by the Garda Commissioner that the personnel strength of each Garda Station in the Coolock (R) and Raheny (J) Garda Districts broken down by Gardaí, Garda Reserves and the number of Community Gardaí by rank, on 31 December 2011 to 2013 and on 31 March 2014, the latest date for which figures are readily available, is set out in the table hereunder.
|
Station |
2011 |
2012 |
2013 |
2014 |
||||
|
Gda |
Re |
Gda |
Re |
Gda |
Re |
Gda |
Re |
|
|
Coolock |
117 |
13 |
114 |
9 |
112 |
8 |
112 |
8 |
|
Malahide |
35 |
2 |
34 |
4 |
34 |
1 |
33 |
2 |
|
Swords |
77 |
10 |
77 |
7 |
74 |
10 |
73 |
10 |
|
Clontarf |
77 |
5 |
72 |
2 |
69 |
4 |
69 |
4 |
|
Howth |
39 |
4 |
42 |
4 |
38 |
3 |
39 |
3 |
|
Raheny |
68 |
6 |
64 |
5 |
62 |
8 |
60 |
8 |
*Gda = Garda, Re = Reserve Garda
Community Gardaí by rank
|
- |
2011 |
2012 |
||||
|
Station |
Insp. |
Sgt. |
Gda |
Insp. |
Sgt. |
Gda |
|
Coolock |
0 |
2 |
11 |
0 |
2 |
17 |
|
Malahide |
0 |
0 |
3 |
0 |
0 |
7 |
|
Swords |
0 |
1 |
7 |
0 |
2 |
12 |
|
Clontarf |
0 |
1 |
6 |
0 |
0 |
6 |
|
Howth |
0 |
0 |
4 |
0 |
0 |
4 |
|
Raheny |
0 |
1 |
5 |
0 |
1 |
5 |
|
- |
2013 |
2014 |
||||
|
Station |
Insp. |
Sgt. |
Gda |
Insp. |
Sgt. |
Gda |
|
Coolock |
0 |
2 |
13 |
0 |
2 |
13 |
|
Malahide |
0 |
0 |
6 |
0 |
0 |
6 |
|
Swords |
0 |
2 |
11 |
0 |
2 |
11 |
|
Clontarf |
0 |
0 |
4 |
0 |
0 |
4 |
|
Howth |
0 |
0 |
4 |
0 |
0 |
4 |
|
Raheny |
0 |
1 |
4 |
0 |
1 |
4 |
