Written Answers Nos. 1 - 91
74. Deputy Mattie McGrath asked the Minister for Justice and Equality if she will provide an update on the status of the investigation-independent inquiry into the murder of Fr. Niall Molloy; and if she will make a statement on the matter. [26691/14]
View answerAs the Deputy will be aware, Mr. Dominic McGinn, Senior Counsel, is at present carrying out an independent examination of the report of the Serious Crime Review Team relating to the Garda investigation into the death of Fr. Niall Molloy. In accordance with its terms of reference, this independent examination comprises two elements. Firstly, Mr. McGinn is to examine the Review Team's report which, for legal reasons, cannot be put into the public domain in its current form, with a view to preparing a report which can be put into the public domain on any issues of public interest which may arise from the report. Secondly, he is to identify matters, if any, of significant public interest or concern that would warrant examination by a further inquiry and in respect of which such further inquiry would have a reasonable prospect of establishing the truth.
My priority is to allow Mr. McGinn to complete this process so that the maximum amount of information can be put into the public domain at the earliest possible date. At that point I will also of course fully consider the outcome of the examination concerning any further inquiry. While Mr. McGinn's terms of reference do not stipulate a specific timescale, my understanding is that his work is well advanced and it is anticipated will be completed by the end of the summer.
75. Deputy Joe Higgins asked the Minister for Justice and Equality if a Garda investigation has been launched into the treatment, death and burial of children at the Bon Secours mother and baby home, Tuam, County Galway, between 1925 and 1961. [26755/14]
View answerI am, of course, deeply concerned at the distressing circumstances surrounding the operation of Mother and Baby Homes, including the Home at Tuam. As the Deputy will be aware, the Minister for Children and Youth Affairs recently announced the Government's intention to establish a Commission of Investigation to examine these complex issues. An interdepartmental group has been established and has met on a number of occasions. The group is to bring a report to the Government shortly which will inform decisions on the terms of reference for this Commission.
My Department is participating fully as required in this process, and, at my request, the Garda authorities have been of assistance in gathering certain information in respect of issues relating to the former St. Mary's Mother and Baby Home at Tuam. This has involved inquiries in the local area concerning the site and its history, with a view to establishing an overview of the issues and identifying relevant sources of information which may be of assistance to the Commission once established. These inquiries have confirmed that the area has been known locally as a burial ground for children who died while resident in the home and, although unmarked, has been cared for by local residents who have placed some memorial items there. The site in question is owned by Galway County Council, having been part of the lands on which the housing estate adjoining the site was built.
As part of these inquiries, Gardaí have made informal contact with two men widely reported as having discovered remains at the site while playing there as children, and both have spoken to Gardaí in relation to the location and circumstances of their discovery circa 1975. To date no records have been identified suggesting that this discovery was reported to the police or the Coroner at the time, and the account of the two men in question does not recall any such involvement. Gardaí have also made informal contact with the Bon Secours Order, as the body who managed the former Home, to establish general background information, which may be of assistance to the work of the Commission. Gardaí have also met with the local historian whose research has called attention to the deaths at the Home.
While these inquiries are ongoing and should be of assistance, the Deputy will appreciate, however, that the question of initiating a criminal investigation is a matter for the Garda authorities, and my understanding is that information which would warrant such an investigation has not at this point come to light. Furthermore, and following Garda contact with the local Coroner, who is independent in carrying out his functions, my understanding is that circumstances which would give rise to an inquiry by him under the Coroner's Act have also not arisen. In saying this I should of course make absolutely clear that while the question of any criminal or coroner's investigation is a matter for the relevant authorities, the need to carry out a broad inquiry into the circumstances at the Tuam Home, and at Mother and Baby Homes generally, is not in question and this is precisely what the Government has resolved to do in the form of a Commission of Investigation.
76. Deputy John Halligan asked the Minister for Justice and Equality if she will support legislation to introduce new rules, protocols and rules of disclosure in cases of medical negligence at birth, to avert the enormous stress and lengthy litigation being brought upon families who take such cases and to ensure that they receive money at an early stage, when it is most needed for their child; and if she will make a statement on the matter. [21354/14]
View answerI am pleased to confirm to the Deputy that work at my Department and the Department of Health is ongoing in relation to the reform of aspects of the law applying to medical negligence and that this work will include the bringing forward of legislation to deal with the issues he has raised. The ongoing work is informed by the findings and recommendations set out in the relevant modules of the Report of the Working Group on Medical Negligence and Periodic Payments including as they relate to Pre-Action Protocols and Periodic Payment Orders. Detailed consideration is being given to these matters and the complex legal issues that have arisen by my Department including in conjunction with the Offices of the Attorney General and of the Parliamentary Counsel.
In relation to aspects of the matters raised by the Deputy, which are the responsibility of my colleague the Minister for Health, I am informed by the Department of Health that:
- Medical negligence cases are primarily handled by the State Claims Agency, which manages the State’s Clinical Indemnity Scheme (CIS). The Scheme’s actuaries estimate that the cost of settling CIS claims in 2014 will be approximately 200 million Euro.
- A National Policy on Open Disclosure was developed jointly by the HSE and the State Claims Agency and launched in November 2013. The Policy is designed to ensure an open, consistent approach to communicating with patients when things go wrong in healthcare.
- Open Disclosure will also be provided for under Minister Reilly's Health Information Bill. The Bill will contain a range of information related measures designed to improve information management in the health system, patients’ rights to their information and patient care and safety. Given the changes in the Bill since its original General Scheme was approved by the then Government in 2009, it is planned that a revised General Scheme will be sent to the Government in the next few months with a view to publication in early 2015.
I should add that the Government has approved the drafting of the Heads of a Civil Liability (Amendment) Bill to implement the recommendations contained in the High Court Working Group Report on Periodic Payments Orders in catastrophic personal injury cases with respect to awards made against the State and agreed that the extension of the Bill to private defendants would be examined further in discussions between my Department and the Department of Finance. A Working Group, comprising relevant Government Departments and State Agencies, has been established to progress a number of complex policy issues in order to progress to the drafting of this Bill. The Working Group is tasked with completing its work by the end of September this year at which time the General Scheme will be revised and, subject to Government approval, drafting will get going fully.
I am acutely aware of the human dimension and the urgency which is attached to the resolution of the PPO issue and the House can be assured that I have directed that this issue be treated as an absolute priority.
77. Deputy Ruth Coppinger asked the Minister for Justice and Equality her views on extending the terms of reference for the mother and baby homes inquiry to include the Magdalen laundries. [26760/14]
View answerAs I stated in response to Deputy Higgins, I am, of course, deeply concerned at the distressing circumstances surrounding the operation of Mother and Baby Homes. As I have advised, last week the Minister for Children and Youth Affairs announced the Government's intention to establish a Commission of Investigation to examine these complex issues. An interdepartmental group has been established and has met on number of occasion. The group is to bring a report the Government shortly which will to inform decisions on the terms of reference for this Commission.
I understand that the Bethany Home as a mother and baby home will be included within the terms of reference. While a final position has not been adopted as regards the Magdalen institutions, my primary concern is the interests of the women known to have been in these institutions and who have applied for benefits under the Magdalen scheme. The facts available regarding Magdalen laundries have already been set out in detail in the McAleese report which exceeds 1,000 pages. The women concerned have received an apology from the Taoiseach, have had the opportunity to relate their stories to both Mr McAleese and Judge Quirke and are entitled to receive a capital sum of up to €100,000 depending on duration of stay as well as life long pension top up payments and access to medical services.
The McAleese report did address the question of links between Mother and Baby Homes and Magdalen Laundries. His statistical analysis of the known entry routes into Magdalen laundries for the period 1920 onwards showed that less than 4% of entries were from Mother and Baby Homes and Adoption Societies. In the light of the above, there is a valid question as to how extending the terms of reference for mother and baby homes Commission of Investigation to include the Magdalene Laundries would be in the interest of or be of any benefit to the women in question. Nonetheless, I can assure the Deputy this question will be reflected upon and considered carefully by Government in the context of setting the terms of reference for the Commission of Investigation, including on foot of the report.
78. Deputy Niall Collins asked the Minister for Justice and Equality the action she will take to tackle gun crime; the number of firearms offences that have been recorded to date this year; the number of successful convictions for firearms offences that have been recorded this year; and if she will make a statement on the matter. [26698/14]
View answerThe House will not need reminding of the consequences of gun crime, and will join with me, I am sure, in expressing our collective outrage at the appalling recent incident which resulted in a child being shot. Our sympathy is with this young boy and his family, and as I outlined to the House last week, An Garda Síochána is determined to bring to justice those involved.
I can also assure the Deputy that gun crime generally is being tackled aggressively by An Garda Síochána by means of a range of targeted and intelligence based operations, often disrupting and preventing incidents before harm is caused, as well as detecting and prosecuting those involved. I recently discussed the challenges presented by this type of crime, and particularly its association with organised crime, with the Acting Commissioner, who outlined the substantial efforts being made by An Garda Síochána to identify and target those involved.
In particular, the 2014 Policing Plan of An Garda Síochána sets outs this continued commitment to confront groups and individuals engaged in criminal activity, including by employing multi-disciplinary approaches and utilising all available resources and legislation. Advanced analytical and intelligence methods are applied, and proactive high-visibility checkpoints, patrols and searches are deployed, coordinated with armed response capacity to ensure that such resources are focused on key locations and periods. In addition to these enforcement measures, An Garda Síochána also engages extensively with communities in a range of fora to address local concerns relating to crime and community safety, including the impact that organised crime can have at a community level. An Garda Síochána also works closely with other law enforcement agencies to tackle the transnational dimension to organised crime, and there are substantial multi-agency operations in place to tackle drug trafficking, as well as other smuggling activity associated with organised crime.
In relation to the statistics requested by the Deputy, as he will be aware, the Central Statistics Office (CSO) is responsible for the production of the official Recorded Crime Statistics and I have asked the CSO to compile and provide the Deputy with the specific statistics he has requested in his question insofar as they are available. What I can tell the House is that the most recent figures, which are for the full year of 2013, show that the number of crimes where a firearm was involved reduced by more than 7%. Total weapons and explosives offences were also down, by nearly 10%. These figures should also be seen in the context of a general reduction in most categories of offences, reflecting well on the work of An Garda Síochána.
79. Deputy Robert Dowds asked the Minister for Justice and Equality if she will provide an update on the Government's response to improve the reputation of the charitable sector. [21140/14]
View answerIn order to provide for the better regulation of the charitable sector, the Government is now proceeding with the implementation of the 2009 Charities Act. Under this legislation, an independent regulatory agency for the charitable sector is being established. The Charities Regulatory Authority will have extensive functions in the registration, monitoring and oversight of the charity sector. Arrangements are underway to establish the Authority formally by Ministerial Order in October of this year. As part of this work, the first meeting of the Charities Regulatory Authority Board took place on 29 May 2014.
An early priority for the new Authority will be the preparation and publication of a statutory register of charities. All registered charities will be required to provide reports to the Authority each year on their activities and these reports will be made available to the public. This will provide a much needed increase in transparency and accountability in the charitable sector, and will support the good practice in charity governance and management that is critical to a vibrant charity sector that commands the trust and confidence of donors and beneficiaries alike. The Authority will also take on the functions of the Commissioners of Charitable Donations and Bequests for Ireland. The temporary website of the Authority is at www.charitiesregulatoryauthority.ie.
80. Deputy Catherine Murphy asked the Minister for Justice and Equality if her attention has been drawn to the extreme discrepancy in the numbers of gardaí per capita in counties Kildare and Meath when compared with other Garda districts; if her attention has been drawn to the fact that imbalances in deployment cannot reasonably be accounted for by local crime statistics alone; if it is her intention to raise this matter with the acting Garda Commissioner with a view to establishing the reason the deployment is so unbalanced; and if she will make a statement on the matter. [26753/14]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of 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. However I have been informed by the Garda Commissioner that the personnel strength of the Meath and Kildare Garda Division on 30 April 2014, the latest date for which figures are readily available, are set out in the table which I am circulating with this answer.
The allocation of resources within the Kildare and Meath Divisions continues to be closely monitored by Garda Management in order to ensure, within existing constraints that optimum use is made of resources to ensure the best possible Garda service is provided to the public and that the policing needs of communities are addressed. With the recommencement of Garda recruitment, the allocation of Gardaí from the Garda College on completion of training to the Kildare and Meath Division will be kept under review and fully considered by the Garda Commissioner within the overall requirements of An Garda Síochána nationally.
Meath Garda Division
|
District/Station |
Strength |
Reserve |
Civilian |
|
Ashbourne |
|||
|
Ashbourne |
42 |
10 |
4 |
|
Duleek |
5 |
||
|
Dunboyne |
15 |
||
|
Dunshaughlin |
19 |
1 |
|
|
Laytown |
23 |
3 |
1 |
|
Kells |
|||
|
Baile Átha Buí |
4 |
||
|
Kells |
43 |
6 |
4 |
|
Oldcastle |
2 |
||
|
Navan |
|||
|
Navan |
78 |
16 |
6 |
|
Nobber |
4 |
||
|
Slane |
4 |
||
|
Trim |
|||
|
Ballivor |
2 |
||
|
Enfield |
5 |
1 |
|
|
Longwood |
1 |
||
|
Summerhill |
3 |
||
|
Trim |
34 |
8 |
5 |
Kildare Garda Division
|
District/Station |
Strength |
Reserve |
Civilian |
|
Kildare |
|||
|
Athy |
31 |
5 |
2 |
|
Castledermot |
4 |
||
|
Kildare |
27 |
8 |
5 |
|
Monasterevin |
4 |
||
|
Newbridge |
48 |
6 |
2 |
|
Rathangan |
3 |
||
|
Leixlip |
|||
|
Carbury |
6 |
||
|
Celbridge |
14 |
1 |
1 |
|
Kilcock |
9 |
||
|
Leixlip |
38 |
5 |
6 |
|
Maynooth |
13 |
1 |
|
|
Naas |
|||
|
Clane |
8 |
||
|
Kilcullen |
4 |
||
|
Naas |
99 |
20 |
12 |
|
Robertstown |
2 |
81. Deputy Joe Higgins asked the Minister for Justice and Equality if she will establish a public inquiry into the policing of protests related to the Shell-Corrib gas project at Rossport, County Mayo. [26754/14]
View answerSignificant protest activity over a number of years has occurred in the North Mayo area connected with the development of a very important natural resource. This has necessitated the temporary redeployment of large numbers of Gardaí, including specially trained personnel, from throughout the Western Region into the Belmullet District.
The reality is that substantial Garda resources have to be tied up in the policing of protest activity at this location. This has been necessary in view of the actions of some of the protestors, many of whom are not from the area and engage in acts of public disorder as well as damage to property. The action of some of the protestors was designed not just to register their disapproval of the work going on there but to try to prevent that work proceeding. The aim of these policing measures is to prevent public order offences and to ensure that people can go about their lawful business. From 2011 to 2013, 38 defendants were brought before the courts for public order offences, criminal damage and assault on Gardaí in connection with the protests at the Corrib site. The total cost of policing these protests has now reached in excess of €16m. This does not include the significant cost of the basic salaries of the members of An Garda Síochána who have performed duties at the Corrib Gas Project as these arise in the normal course. Such expenditure comes at a time of economic difficulty for the State and when such resources could be put to far better use elsewhere.
I am not aware of any basis on which I should initiate a public inquiry into what of its nature is a difficult policing operation. It is, of course, open to persons to make complaints to GSOC. In fact, GSOC has investigated in the region of 124 complaints against members of the force arising from policing at this location and that other matters remain under investigation by it. In excess of 100 of these complaints have either been found by GSOC to be inadmissible or not to have disclosed breaches of discipline on the part of the members complained of, and that those that did indicate a breach of discipline on the part of the Garda member concerned related to the behaviour of the individual member rather than practices, policies or procedures within An Garda Síochána.
As I have indicated previously, a review is ongoing on the effectiveness of the provisions of the Garda Síochána Act 2005 and Regulations made under the Act insofar as they relate to the oversight of the Garda Síochána and the powers and remit of the Ombudsman Commission. I have already indicated that I will bring forward very urgent legislation to strengthen the powers and remit of GSOC and this will allow GSOC to undertake reviews of Garda practices, policies and procedures on their own initiative.
82. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if she has received any report on any recent Garda investigations into the case of a person (details supplied) and the Dalkey baby case; if not, if there is any timeline on these investigations; and if she will make a statement on the matter. [26750/14]
View answerAs the Deputy will be aware, earlier this year my predecessor as Minister for Justice and Equality received a petition on behalf of the person in question, as well as further correspondence from their legal representative. On foot of this, a report was sought from the Garda authorities with respect to the issues of concern raised. The Deputy will also be aware of course that this tragic case has been the subject of a number of Garda investigations, and that concerns regarding the case led in 2007 to the then Minister appointing Patrick Gageby SC to independently examine those concerns, the outcome of which was a recommendation that the establishment of a further inquiry would not be warranted.
I have recently received an update from the Garda authorities in response to my predecessor's request which indicates that there is ongoing engagement between the person in question, their legal representative and local Garda management in relation to the wide range of issues that have been raised. Since taking up office I have myself received further correspondence from the legal representative of the person in question seeking a public inquiry into these matters and this is receiving consideration at present.
83. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which gun crime incidents have increased in the past ten years to date; the extent to which the perpetrators continue to be brought to justice; if the activities of criminal gangs continue to set the pace and tone in this regard; the action taken over the years to deal with the issue; and if she will make a statement on the matter. [26747/14]
View answerAs I outlined in my earlier response to Deputy Collins, I recently discussed the challenges presented by this type of crime, and particularly its association with organised crime, with the Acting Commissioner, who outlined the substantial efforts being made by An Garda Síochána to identify and target those involved.
In relation to the statistics requested by the Deputy, as he will be aware, the Central Statistics Office (CSO) is responsible for the production of the official Recorded Crime Statistics and they have provided me with a table setting out the recorded crime incidents in which a firearm was involved between 2003 and 2013. I will forward that table to the Deputy. According to those figures, the incidence of gun crime fell between 2003, when there were 500 incidents recorded, to 381 last year, fluctuating considerably over the intervening years, and falling by more than 7% last year.
It is clear to all that gun crime has for some time been an inherent part of organised criminal activity in this jurisdiction, as it is in other similar countries. This demands a robust response and this is precisely what is happening. Considerable powers and investigative tools are available to An Garda Síochána, to which we have recently added the DNA database legislation. The Gardaí make extensive use of these powers to tackle and disrupt organised crime, with persons regularly brought before the courts and substantial sentences handed down. I can assure the Deputy that confronting organised crime and the harm it causes is a priority for the Government and will certainly be a priority for me as Minister for Justice and Equality.
84. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of asylum seekers and others in direct provision; the number in direct provision for more than two years; her policy regarding this matter; and if she will make a statement on the matter. [26573/14]
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. As at 8 June 2014 there were 4,353 persons availing of direct provision accommodation in 34 accommodation centres across 16 counties. 1,109 (25%) made their initial asylum application up to 2 years ago while the remaining 3,244 (75%) made their initial application more than 2 years ago.
I acknowledge that the length of time that residents spend in Direct Provision is an issue to be addressed. The Direct Provision system is not ideal but it is a system which facilitates the State in providing a roof over the heads of those seeking asylum or seeking to be allowed, on humanitarian grounds, to stay in the State. The Direct Provision system is inextricably linked to the surrounding international protection process. By its very nature, the processing of applications for international protection is a solemn and complex task which does not always lend itself to achieving speedy outcomes. The time needed to determine the outcome of any legal proceedings also impacts on the length of the process.
A key priority for this Government is legislative reform aimed at establishing 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. Such reform would substantially simplify and streamline the existing arrangements and would provide applicants with a final decision on their application in a more timely fashion. In consultation with my officials, I am reviewing the work done to date in respect of the Immigration, Residence and Protection Bill and will then decide on how best to progress the implementation of the Government's priorities, in particular to expedite those relating to the establishment of a single application procedure.
85. Deputy Seán Kyne asked the Minister for Justice and Equality the progress of the Children and Family Relationships Bill; if the Bill is likely to be introduced on Second Stage before the summer recess; and if it is envisaged that the Bill will be enacted, including any ministerial orders or regulations, before the end of the year. [26684/14]
View answerAs the Deputy may be aware, the Government published the draft General Scheme of the Children and Family Relationships Bill on 30 January 2014 and forwarded the Scheme to the Joint Oireachtas Committee on Justice, Defence and Equality requesting that the Committee undertake a public consultation on the Scheme. The advice of the Ombudsman for Children was also sought on the proposals. I received the advice of the Ombudsman for Children on the General Scheme of the Children and Family Relationships Bill on 28 May 2014, and the pre-legislative scrutiny report by the Joint Oireachtas Committee on Justice, Defence and Equality on the General Scheme on 29 May 2014. The Ombudsman's advice and the Committee's report contain a number of recommendations which I am currently considering in the context of finalising the General Scheme and of seeking Government approval to draft the Bill proper. As the General Scheme has not yet been finalised, it is not possible for the Bill to be drafted and introduced to second stage before the summer recess. My aim is to proceed to drafting of the Bill as soon as possible, subject to Government approval, with a view to enactment in 2015.
86. Deputy Niall Collins asked the Minister for Justice and Equality if the issues of concern surrounding the Magdalen institutions and Bethany Home will be included in the commission of investigation to establish the facts surrounding mother and baby homes; and if she will make a statement on the matter. [26696/14]
View answerResponsibility for determining the terms of reference for mother and baby home Commission of Investigation fall primarily within the remit of my colleague the Minister for Children and Youth Affairs. My Department has input into the process through the Inter Departmental Committee established by the Minister for Children and Youth Affairs. It is my understanding that Bethany Home will be included in the Commission of Investigation.
My primary concern is the interests of the 500 or so women known to have been in Magdalen laundries and who have applied for benefits under the Magdalen scheme. The facts available regarding Magdalen laundries have already been set out in detail in the McAleese report which exceeds 1,000 pages. The women concerned have received an apology from the Taoiseach, have had the opportunity to relate their stories to both Mr McAleese and Judge Quirke and are entitled to receive a capital sum of up to €100,000 depending on duration of stay as well as life long pension top up payments and access to medical services.
I have seen no indication that these 500 women or a portion thereof wish to be called before a Commission of Investigation to give evidence and possibly be subject to cross examination. Indeed all the indications to date have been that the women did not wish to go through such a process. The McAleese report did address the question of links between Mother and Baby Homes and Magdalen Laundries. His statistical analysis of the known entry routes into Magdalen laundries for the period 1920 onwards showed that less than 4% of entries were from Mother and Baby Homes and Adoption Societies.
In light of the above, there is a question as to how extending the terms of reference for mother and baby homes Commission of Investigation to include the Magdalene Laundries would be in the interest of or be of any benefit to the women in question.
87. Deputy Mattie McGrath asked the Minister for Justice and Equality if she will provide an update on the report submitted to her predecessor by the Omagh victim support group; if she will agree to meet representatives of the group; and if she will make a statement on the matter. [26689/14]
View answerThe bombing at Omagh in August 1998 was a contemptible act of terrorism that stands out in the minds of all right-thinking people as among the worst atrocities ever committed on this island. Those who carried it out displayed contempt for life itself and inflicted unutterable grief on those whose lives were brutalised by their actions.
My predecessor met with members of the Omagh Support and Self-Help Group in July 2012, where they raised issues of concern with regard to events surrounding the bombing and presented a copy of a document setting out these concerns in support of its call for a public inquiry. A detailed consideration of the matters raised, insofar as they relate to this State and the Garda Síochána, had been carried out and was being finalised earlier this year. Given the detailed and sensitive nature of the material in the document it required some time for those matters to be given proper consideration.
However, in April of this year a man was arrested in Northern Ireland and has been charged with the 29 murders caused by the bomb at Omagh. In these circumstances, it was considered appropriate and the safest course of action to postpone finalising consideration of the matters raised by the Omagh Group until the completion of the prosecution process in Northern Ireland. This position has been communicated directly to the Omagh Group. In our shared desire for those who carried out the atrocity at Omagh to face justice I believe we must all seek to ensure we do not do or say anything that could in any way be interpreted to interfere with that process. I fully understand that the Group wishes to receive a response to its concerns and I am anxious to ensure that will take place as soon as is prudent.
88. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality her policy on prison overcrowding; if there is, in her view, independent evidence that longer prison sentences reduce the incidence of crime in our society and that it makes it a safer place to live; and if she will make a statement on the matter. [26572/14]
View answerThe average number of prisoners in custody in Ireland has risen in recent years from 3,321 during 2007 to 4,318 during 2012, an increase of over 30%. The total number of committals to prison has also risen sharply during the same period from 11,934 in 2007 to 17,026 in 2012, an increase of over 43%. 2013 saw the first significant decrease in prison numbers since 2007. There were 15,735 committals to prison in 2013 which was a decrease of 7.6% on the 2012 figure.
As the Deputy will be aware, the primary role of the Irish Prison Service is to provide safe and secure custody for prisoners. The Prison Service must accept all persons committed by the courts into custody and does not have the option of refusing committals. As outlined in the Irish Prison Service Three Year Strategic Plan, it is intended to align the capacity of our prisons with the guidelines laid down by the Inspector of Prisons in 2014, insofar as this is compatible with public safety and the integrity of the criminal justice system. As of 20 June 2014, there were 4,001 prisoners in custody. This figure was 99% of the Inspector of Prisons recommended total of 4,035. The Three Year Strategic Plan also outlines a number of measures to be undertaken including the Community Return Scheme, a closer working relationship with the Probation Service, and a more structured approach to Temporary Release.
I understand there has been some research particularly in the United Kingdom to support the view that longer prison sentences do cut crime and deter re-offending. In an Irish context, the joint Irish Prison Service and Central Statistics Office Recidivism Study was published in 2013. This ground breaking research provided a comprehensive analysis of the rate of recidivism among ex- prisoners. The findings will help inform policy on the management of offenders and will assist in the formulation of new strategies aimed at reducing recidivism.
Finally, the Deputy will be aware that a working group was established by my predecessor to conduct an all encompassing strategic review of penal policy. The Group was asked to examine the role of penal policy in crime prevention, sentencing policies, alternatives to custody, custodial accommodation and regimes, reintegration and rehabilitation as well as any special issues relating to female offenders. The Group is expected to report shortly.
89. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 439 of 10 June 2014, if she will provide further details of the ongoing technical and administrative arrangements identified by An Garda Síochána in order to practically implement section 44 of the Road Traffic Act 2010; and if she will provide a specific timeline of when these arrangements will finally be resolved in order for this important provision of the Act to be brought into force. [26576/14]
View answerAs the Deputy will be aware, an outline implementation plan, with costings, is being prepared by An Garda Síochána in respect of the substantial technical and administrative arrangements required to effectively implement the section in question. This plan is being prepared in conjunction with the work of a subgroup of the Criminal Justice (Fixed Charge Processing System) Working Group, established to identify how best to bring into effect this provision. The Working Group is due to report to myself and the Minister for Transport, Tourism and Sport in the near future in respect of progress with regard to the implementation of the Garda Inspectorate's recommendations on the Fixed Charge Processing system, and this report will include an update of progress with respect to this subgroup's work.
90. Deputy Michael Moynihan asked the Minister for Justice and Equality the guidelines and protections her Department has issued to local authorities regarding data protection; and if she will make a statement on the matter. [19942/14]
View answerThe position is that the Minister for Justice and Equality has no role under the Data Protection Acts 1988 and 2003 in relation to the issuing of guidelines or other communications to local authorities or any other bodies in respect of data protection. No such guidelines or communications have been issued by me nor, as far as I am aware, any of my predecessors.
The Office of Data Protection Commissioner has been established under article 9 of the Data Protection Act 1988. The Commissioner's statutory functions include the monitoring of implementation of data protection law, the investigation of complaints and, where appropriate, the taking of legal proceedings in the event of breaches of data protection rules. The Commissioner also publishes useful information and helpful guidance on the proper implementation of data protection law on his Office's web site (www.dataprotection.ie). The web site and the Commissioner's annual report also contain useful case studies which illustrate the application of data protection law in specific cases, including cases involving the activities of local authorities.
91. Deputy Joe Higgins asked the Minister for Justice and Equality if she will examine the process for the issuing of deportation orders in the case of persons who have abided by their visa conditions and left the State having deportation orders issued against them and, thereby, causing difficulty when wishing to re-enter the State. [26758/14]
View answerAt the outset, can I say that the matter of issuing a Deportation Order only arises where the person concerned is illegally present in the State including circumstances where they have not abided by their visa conditions or where they are in the State illegally and have left without notifying the relevant authorities. There are a range of circumstances where this latter situation can arise including, for example, where the person’s permission has expired and they subsequently leave the State without notifying the authorities or cannot provide documentary evidence of their departure. The key issue is that the onus is on the person concerned to abide by the immigration laws, notify the authorities of their departure and provide documentary evidence as required. Otherwise, the result is that a Deportation Order may be made in respect of them.
Section 3 of the Immigration Act 1999 (as amended) provides for the making of a Deportation Order and also sets out the procedures to be followed where it is proposed to make such an Order against a named person. Where it is proposed to make a Deportation Order in respect of a person, that person must be advised in writing to this effect and the reason(s) for the proposal must be stated. The person in question will be advised of their options, which must be exercised within a 15 working day period, and these options are (i) to leave the State voluntarily, (ii) to consent to the making of a Deportation Order or (iii) to submit written representations to the Minister setting out reasons why a Deportation Order should not be made. In the majority of cases, persons faced with these options avail of the option referred to at (iii) above. In such instances, any representations submitted must be considered under a variety of headings set out in Section 3 (6) of the same Act.
In addition, a refoulement consideration must be carried out i.e. an assessment as to the safety of returning that person to their country of origin having regard for the political and human rights conditions prevailing in that country at that point in time. Consideration must also be given to the person’s rights to a private and a family life, as provided for under Article 8 of the European Convention on Human Rights and to the rights of any Irish citizen child or children directly associated with the case.
Once all of these matters have been considered, a decision must be made to make a Deportation Order or to grant permission to remain in the State. Once a Deportation Order is made, this will be formally served on the person in question. Against this background, the Deputy will appreciate that a decision to make a Deportation Order is not made until all relevant matters have been fully considered.
Where a Deportation Order is made in respect of a third country national person who has left the State, albeit without first notifying the Irish Naturalisation and Immigration Service of their plans to leave the State, it would be open to such a person to apply for the revocation of the Deportation Order, in accordance with the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). All such applications are considered on their individual merits. In all instances, the information and documentation submitted in support of the application is considered in great detail before a decision is made to revoke or to affirm the Deportation Order. Overall, I am satisfied that the current legislative and administrative arrangements in place for the making of deportation orders provides sufficient safeguards to ensure that such orders are only made in the appropriate circumstances.
