Written Answers Nos. 201-210
201. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if she will consider removing any upfront fees relating to personal insolvency, which, according to debtor advocate groups, are acting as an impediment to the uptake of the new insolvency legislation [31772/14]
View answerI have no immediate plans to remove upfront fees in relation to personal insolvency arrangements. However, both my Department and the Insolvency Service of Ireland (ISI) have given a commitment that the effectiveness of the personal insolvency legislation will be kept under review, this includes the fees associated with the arrangements.
202. Deputy Denis Naughten asked the Minister for Justice and Equality the number of Garda vetting applications received in 2012 and 2013, respectively; the average processing time in each year concerned; the corresponding figures to date in 2014; the current processing time for applications; her plans to improve the processing time for applications; and if she will make a statement on the matter. [31814/14]
View answerI am informed by the Garda authorities that the number of Garda Vetting applications received and average processing times in 2012, 2013 and 2014 (to end June) are as follows:
|
2012 |
2013 |
2014 to end June |
|
|
Applications Received |
276,519 |
346,936 |
159,231 |
|
Average Processing Time |
6 weeks |
9 weeks |
4 weeks |
Garda Vetting applications are processed on a first come, first served basis in chronological order from date of receipt. This is with a view to observing equity and fairness in respect if all vetting subjects.
Processing times fluctuate upwards and downwards depending on seasonal demands and volumes received, and depending on whether further enquiries have to be conducted with external Garda Stations or Agencies. I believe that the current processing time of 4 weeks is a reasonable turnaround time for vetting applications.
An e-vetting solution is currently being developed and it is envisaged that this will streamline the entire vetting process and greatly contribute to a reduction in processing times for vetting applications.
203. Deputy Thomas P. Broughan asked the Minister for Justice and Equality her plans to fill any vacancies at District Court, Circuit Court and High Court level in the near future. [31823/14]
View answerThere are currently two vacancies on the High Court and no vacancies in the Circuit Court or the District Court. The two High Court vacancies will be filled as soon as possible.
204. Deputy Finian McGrath asked the Minister for Justice and Equality the reason that contractors have been engaged to work in ORAC dealing with refugee determination matters rather than using civil servants; if she will detail the way these contractors were selected and appointed; if she will provide the payments made in respect of these contractors; and if she will make a statement on the matter. [31866/14]
View answerResponsibility for processing all Subsidiary Protection applications was transferred from the Irish Naturalisation and Immigration Service of my Department to the Office of the Refugee Applications Commissioner (ORAC) under the European Union (Subsidiary Protection) Regulations 2013 (SI No. 426 of 2013) in November, 2013.
A panel of legally qualified persons was recruited to assist the ORAC in the processing of these cases. The recruitment of the panel was considered necessary to complement the numbers of civil servants available to process the cases on hand, to finalise these cases as quickly as possible, and with a view to moving applicants out of the direct provision system. It was considered that the recruitment of a legally qualified panel was the most effective solution to effectively deal with the cases on hand due to the complex nature of the work involved which includes the writing of a legally robust report in each case. While a member of the legal panel processes the case, the decision in respect of each applicant is made by a civil servant.
The panel was established following an open competition involving advertisements in national newspapers, short listing of candidates, the holding of interviews, and the establishing of a list of successful candidates. Comprehensive training has been provided to panel members by the Commissioner in conjunction with the UNHCR to enable them to carry out their duties.
Panel members receive a set fee per case completed with the basic payment for the completion of an interview and report in respect of a principal applicant within the new Subsidiary Protection process set at €330. A fee of €195 applies to the completion of an interview and report in respect of the spouse or partner of a principal applicant, and a further fee of €45 applies to each dependant child of the principal applicant. Commensurate fees have also been set for panel members representing the Commissioner before the Refugee Appeals Tribunal in respect of Subsidiary Protection appeals.
I am informed by the Commissioner that some 850 applicants have had interviews scheduled since December, 2013 and ORAC has made 350 determinations to date. Furthermore, 428 cases have been finalised as withdrawn either on the basis of a request for withdrawal from the applicant or the application has been deemed withdrawn on the basis that the applicant has not engaging with the process or attending for interview.
205. Deputy Finian McGrath asked the Minister for Justice and Equality the progress that has been made on the public consultation on the appointment of judges; if she will arrange for submissions to be published on her Department’s website; and if she will make a statement on the matter. [31867/14]
View answerThe Deputy will be aware that I am overseeing a consultation process on the system of judicial appointments with the intention of instituting reforms to enhance the current system. The Department received a significant amount of material earlier this year as part of the process with views ranging across a significant number of different aspects of the eligibility provisions and the arrangements for appointing judges.
A report on the outcome of the consultations signalling key emerging issues and options for legislative reform is at an advanced stage of preparation in the Department. It is inevitable that this report will become the focus of a further consultative process with all relevant stakeholders. It can be anticipated that this process will take place in the second half of this year and that a resulting outline of legislative proposals will subsequently be prepared.
The matter of the publication of submissions is under consideration and I understand that some contributors have made their own arrangements to make their own submissions available.
206. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will provide in tabular form a breakdown of the number of convicted persons imprisoned for six months, for five months, for four months, for two months and for one month in 2013; and if she will further provide a breakdown of the categories of the crime these persons were imprisoned for and a gender breakdown of same. [31885/14]
View answerIn 2013, 10,596 or 85% of all committals under sentence were for sentences of 6 months or less. This category also includes those committed (8,121) as a consequence of the non-payment of a court ordered fine.
A full breakdown of the number of convicted persons imprisoned for six months, for five months, for four months, for three months, for two months and for one month in 2013 is set out in the following table. In cases where a person is serving multiple sentences, they are categorised on the basis of their most serious offence.
FEMALE
|
Group Name |
1 month |
1 to 2 months |
2 to 3 months |
3 to 4 months |
4 to 5 months |
5 to 6 months |
|
Attempts/Threat to Murder, Assaults and Related Offences |
18 |
2 |
8 |
3 |
2 |
6 |
|
Dangerous or Negligent Acts |
114 |
5 |
3 |
4 |
0 |
0 |
|
Robbery, Extortion and Hijacking Offences |
0 |
0 |
0 |
0 |
0 |
1 |
|
Burglary and Related Offences |
1 |
0 |
0 |
2 |
0 |
5 |
|
Theft and Related Offences |
112 |
21 |
23 |
21 |
8 |
33 |
|
Fraud, Deception and Related Offences |
20 |
0 |
1 |
3 |
2 |
4 |
|
Controlled Drug Offences |
43 |
1 |
4 |
5 |
0 |
2 |
|
Weapons and Explosives Offences |
5 |
0 |
1 |
2 |
0 |
0 |
|
Damage to Property and the Environment |
46 |
6 |
5 |
4 |
0 |
1 |
|
Public Order and Social Code Offences |
112 |
22 |
13 |
1 |
1 |
1 |
|
Road and Traffic Offences |
850 |
40 |
27 |
7 |
6 |
5 |
|
Offences re Government, Justice Procedures and Organisation of Crime |
206 |
4 |
4 |
3 |
0 |
2 |
|
Offences Not Elsewhere Classified |
289 |
8 |
6 |
0 |
0 |
0 |
|
Total |
1,816 |
109 |
95 |
55 |
19 |
60 |
MALE
|
Group Name |
1 month |
1 to 2 months |
2 to 3 months |
3 to 4 months |
4 to 5 months |
5 to 6 months |
|
Sexual Offences |
1 |
1 |
6 |
4 |
1 |
8 |
|
Attempts/Threat to Murder, Assaults and Related Offences |
60 |
23 |
39 |
38 |
29 |
30 |
|
Dangerous or Negligent Acts |
527 |
64 |
40 |
40 |
31 |
24 |
|
Robbery, Extortion and Hijacking Offences |
0 |
0 |
0 |
1 |
0 |
2 |
|
Burglary and Related Offences |
21 |
12 |
18 |
18 |
15 |
55 |
|
Theft and Related Offences |
226 |
54 |
76 |
81 |
39 |
124 |
|
Fraud, Deception and Related Offences |
214 |
24 |
41 |
13 |
3 |
19 |
|
Controlled Drug Offences |
348 |
37 |
32 |
23 |
20 |
36 |
|
Weapons and Explosives Offences |
36 |
7 |
15 |
20 |
8 |
27 |
|
Damage to Property and the Environment |
108 |
20 |
38 |
29 |
10 |
36 |
|
Public Order and Social Code Offences |
1,080 |
203 |
87 |
42 |
29 |
16 |
|
Road and Traffic Offences |
2,323 |
163 |
138 |
79 |
76 |
36 |
|
Offences re Government, Justice Procedures and Organisation of Crime |
694 |
29 |
31 |
18 |
8 |
24 |
|
Offences Not Elsewhere Classified |
423 |
21 |
20 |
10 |
5 |
15 |
|
Total |
6,061 |
658 |
581 |
416 |
274 |
452 |
207. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the estimated cost of every person imprisoned in a jail here on a weekly, monthly and annual basis. [31886/14]
View answerThe Irish Prison Service calculates the average cost of an available staffed prison space and this is available on the Irish Prison Service's website www.irishprisons.ie
208. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the estimated cost of every person on community service on an hourly and weekly basis. [31887/14]
View answerI can advise the Deputy that an examination by the Probation Service in 2013 of Community Service costs based on 2012 data showed the average cost of completion of a Community Service Order to be €1,500.
In 2013, there were 2,354 Community Service Orders made, with a total of just over 352,000 hours in lieu of a custodial sentence. Based on 2013 data, the average number of hours for each Community Service Order is approximately 150 hours.
209. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of persons who were sentenced to community service in the years 2012 and 2013 and the durations of same. [31888/14]
View answerThe Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of statistics. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the number of persons who were sentenced to community service by the District Court in 2012 and 2013 was 2,266 and 2,076 respectively.
A breakdown of District Court sentences of community service is set out in the table below. It should be noted that the total periods of community service imposed in each year is greater than the number of persons sentenced, as individuals can be sentenced to two or more separate periods of community service.
|
Period of Community Service |
2012 |
2013 |
|
0 – 50 hours |
125 |
144 |
|
51 – 100 hours |
764 |
778 |
|
101 – 150 hours |
696 |
486 |
|
151 – 200 hours |
507 |
512 |
|
201 – 240 hours |
328 |
281 |
|
TOTAL |
2,420 |
2,201 |
The Circuit Court sentenced 160 persons to community service in 2012 and 150 community service orders were made for 2013. The Courts Service is not in a position to provide a breakdown by hours in respect of the Circuit Court.
210. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of persons who were sentenced to serve time in jail in the years 2012 and 2013 and the durations of same. [31889/14]
View answerI can advise the Deputy that detailed statistical information on the committals to prisons are contained in the Irish Prison Service Annual Report for each year. These reports are available on the Irish Prison Service website www.irishprisons.ie.
In 2012, there were 12,991 committals to prison directly under sentence. When an additional 535 prisoners, who were already in custody at the start of the year on remand/trial and who were subsequently were convicted are included, the total number of prisoners who were received on conviction in 2012 was 13,526.
There were 12,011 committals to prison, directly under sentence in 2013. Again, when an additional 478 prisoners, who were already in custody at the start of the year on remand/trial and who were subsequently were convicted are included, the total number of prisoners who were received on conviction in 2013 was 12,498. This represents a decrease of 1,037 or 7.7% on the 2012 figure.
A breakdown by the length of the sentence received is set out in the following table.
|
<3 Mths |
3 to <6 Mths |
6 to <12 Mths |
1 to <2 Yrs |
2 to <3 Yrs |
3 to <5 Yrs |
5 to <10 Yrs |
10+ Yrs |
Life |
Total |
|
|
2013 |
8,663 |
1,422 |
1,097 |
348 |
335 |
398 |
173 |
31 |
22 |
12,489 |
|
2012 |
8,837 |
1,734 |
1,273 |
461 |
447 |
494 |
227 |
31 |
22 |
13,526 |
