Written Answers Nos. 133-143
133. Deputy Catherine Byrne asked the Minister for Justice and Equality if she will provide an update on the Criminal Justice (Spent Convictions) Bill 2012; when it will be passed by both Houses of the Oireachtas; and if she will make a statement on the matter. [34898/14]
View answerThe Criminal Justice (Spent Convictions) Bill 2012 has passed Committee Stage in the Dáil, having passed all stages in the Seanad. However, before the Bill could be taken at Report Stage, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. That review has been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill are currently being drafted. It is my intention that the Bill will be enacted at the earliest opportunity.
134. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a review of a deportation order has been concluded in the case of a person (details supplied) in County Cork, who has been in this jurisdiction since 2008; and if she will make a statement on the matter. [34908/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 29th July, 2011. This Deportation Order was made following a comprehensive and thorough examination of the asylum claim and application for subsidiary protection, and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).
The person concerned initiated judicial review proceedings challenging the Deportation Order made in respect of him. Those proceedings were struck out in favour of the Department on 7th February, 2013 and accordingly, the Deportation Order stands.
Representations were received from the person concerned, asking that his Deportation Order be revoked. This application is under consideration at present. The Deputy might wish to note that any such decision will be to ‘affirm’ or to ‘revoke’ the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.
135. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will provide an update on when laws to tackle sex trafficking and prostitution targeting sex buyers will be published. [34920/14]
View answerThe Deputy will be aware that Ireland already has an extensive legislative framework prohibiting the trafficking of persons for the purposes of exploitation (including sexual exploitation) with stringent penalties.
The Criminal Law (Human Trafficking) Act 2008 prohibits trafficking for the purposes of sexual exploitation. Any person found guilty of such an offence shall be liable to imprisonment for life or a lesser term, and at the discretion of the court, to a fine.
I am examining the recommendations made by the Joint Committee on Justice, Defence and Equality, the advices of the Attorney General and the views of the Minister for Health regarding a new approach to prostitution legislation.
As you will be aware, prostitution raises a wide spectrum of issues. When I have had the opportunity to complete consideration of the issues, proposals will be brought to Government in the usual manner.
136. Deputy Brendan Griffin asked the Minister for Justice and Equality if a kitchenette will be provided for a Garda station (details supplied) in County Kerry; and if she will make a statement on the matter. [34975/14]
View answerThe programme of replacement and refurbishment of Garda stations is based on accommodation priorities which are established by An Garda Síochána. The programme is advanced in close co-operation with the Office of Public Works (OPW), which has responsibility for the provision and maintenance of Garda accommodation.
I am informed that the Garda authorities are currently examining the refurbishment of the station in question in conjunction with the OPW.
137. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the position regarding the number of gardaí by rank and by Garda station in County Louth for each year since 2012; and if she will make a statement on the matter. [34994/14]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel and vehicles, 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.
I have been informed by the Garda Commissioner that the personnel strength of the Louth Garda Division broken down by station and rank on 31 December 2012 and 2013 and also on 31 July 2014, the latest date for which figures are readily available, was as set out in the following table.
31-Dec-12
|
Division |
District |
Station |
GD |
SG |
IN |
SU |
CS |
AC |
Grand Total |
Garda Reserve |
|
LOUTH |
ARDEE |
ARDEE |
21 |
5 |
1 |
1 |
28 |
7 |
||
|
CASTLEBELLINGHAM |
3 |
1 |
4 |
|||||||
|
COLLON |
4 |
2 |
6 |
|||||||
|
LOUTH |
1 |
1 |
||||||||
|
ARDEE Total |
29 |
8 |
1 |
1 |
39 |
|||||
|
DROGHEDA |
CLOUGHERHEAD |
3 |
1 |
4 |
||||||
|
DROGHEDA |
77 |
12 |
2 |
1 |
1 |
93 |
21 |
|||
|
DUNLEER |
4 |
1 |
5 |
|||||||
|
DROGHEDA Total |
84 |
14 |
2 |
1 |
1 |
102 |
||||
|
DUNDALK |
BLACKROCK |
5 |
1 |
6 |
||||||
|
CARLINGFORD |
5 |
1 |
6 |
|||||||
|
DRUMAD |
6 |
1 |
7 |
|||||||
|
DUNDALK |
101 |
19 |
2 |
1 |
123 |
17 |
||||
|
HACKBALLSCROSS |
4 |
1 |
5 |
|||||||
|
OMEATH |
4 |
4 |
||||||||
|
DUNDALK Total |
125 |
23 |
2 |
1 |
151 |
|||||
|
LOUTH Total |
238 |
45 |
5 |
3 |
1 |
292 |
45 |
31-Dec-13
|
Division |
District |
Station |
GD |
SG |
IN |
SU |
CS |
AC |
Total |
Garda Reserve |
|
LOUTH |
ARDEE |
ARDEE |
20 |
5 |
1 |
1 |
27 |
9 |
||
|
CASTLEBELLINGHAM |
3 |
1 |
4 |
|||||||
|
COLLON |
4 |
2 |
6 |
|||||||
|
LOUTH |
1 |
1 |
||||||||
|
ARDEE Total |
28 |
8 |
1 |
1 |
38 |
|||||
|
DROGHEDA |
CLOUGHERHEAD |
3 |
1 |
4 |
||||||
|
DROGHEDA |
76 |
13 |
2 |
1 |
1 |
93 |
25 |
|||
|
DUNLEER |
5 |
5 |
||||||||
|
DROGHEDA Total |
84 |
14 |
2 |
1 |
1 |
102 |
||||
|
DUNDALK |
BLACKROCK |
3 |
1 |
4 |
||||||
|
CARLINGFORD |
5 |
1 |
6 |
|||||||
|
DRUMAD |
6 |
1 |
7 |
|||||||
|
DUNDALK |
98 |
18 |
3 |
1 |
120 |
21 |
||||
|
HACKBALLSCROSS |
4 |
1 |
5 |
|||||||
|
OMEATH |
4 |
4 |
||||||||
|
DUNDALK Total |
120 |
22 |
3 |
1 |
146 |
|||||
|
LOUTH Total |
232 |
44 |
6 |
3 |
1 |
286 |
55 |
31-Dec-14
|
Division |
District |
Station |
GD |
SG |
IN |
SU |
CS |
AC |
Grand Total |
Garda Reserve |
|
LOUTH |
ARDEE |
ARDEE |
21 |
6 |
1 |
1 |
29 |
9 |
||
|
CASTLEBELLINGHAM |
1 |
1 |
2 |
|||||||
|
COLLON |
4 |
2 |
6 |
|||||||
|
LOUTH |
1 |
1 |
||||||||
|
ARDEE Total |
27 |
9 |
1 |
1 |
38 |
|||||
|
DROGHEDA |
CLOUGHERHEAD |
3 |
1 |
4 |
||||||
|
DROGHEDA |
73 |
15 |
2 |
1 |
1 |
92 |
25 |
|||
|
DUNLEER |
5 |
1 |
6 |
|||||||
|
DROGHEDA Total |
81 |
17 |
2 |
1 |
1 |
102 |
||||
|
DUNDALK |
BLACKROCK |
3 |
1 |
4 |
||||||
|
CARLINGFORD |
5 |
1 |
6 |
|||||||
|
DRUMAD |
6 |
1 |
7 |
|||||||
|
DUNDALK |
95 |
20 |
5 |
1 |
121 |
20 |
||||
|
HACKBALLSCROSS |
4 |
1 |
5 |
|||||||
|
OMEATH |
4 |
4 |
||||||||
|
DUNDALK Total |
117 |
24 |
5 |
1 |
147 |
|||||
|
LOUTH Total |
225 |
50 |
8 |
3 |
1 |
287 |
54 |
138. Deputy Terence Flanagan asked the Minister for Justice and Equality the changes made to date regarding direct provision for asylum seekers; her plans for the duration of this Government to reform the system; and if she will make a statement on the matter. [35022/14]
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. Direct provision provides for full board accommodation supports while a final decision is awaited by a person on their protection or any related leave to remain application. Currently, 4,311 persons are residing in 34 asylum accommodation centres under contract to RIA.
The Statement of Government Priorities 2014-2016 includes a commitment to "...establish an independent Working Group to report to Government on improvements with the protection process, including Direct Provision and supports for asylum seekers". My intention is to proceed with the establishment of that Working Group in the near future whose mandate will include reporting back to Government on improvements in relation to direct provision. I am, in advance of the Working Group, holding a Round Table today, 18 September, to provide non-governmental organisations active in the field of asylum the opportunity to outline the key issues for them in relation to the State's current arrangements for asylum seekers and such issues may include that raised in this question. I also intend to use the outcome of that meeting to inform the terms of the Working Group.
139. Deputy Terence Flanagan asked the Minister for Justice and Equality her views on the most recent penalty points incident brought to her attention by a whistleblower; and if she will make a statement on the matter. [35023/14]
View answerThe matter referred to by the Deputy was brought to the attention of the Acting Garda Commissioner by way of a disclosure under the Protected Disclosures Act 2014 alleging ongoing Garda misconduct in the cancellation of Fixed Charge Notices. The Acting Commissioner is treating the allegations with the utmost seriousness and in this regard referred the matter to me with a request that I consider referring the allegations to the Garda Síochána Ombudsman Commission (GSOC) for independent investigation. The Commissioner, in addition to referring the matter to me, ordered an internal examination to be conducted by both the Garda Professional Standards Unit (GPSU) and the Garda Internal Audit Unit, particularly having regard to adherence to the detailed new Fixed Charge Procedures which came into effect on 16 June this year.
I fully share the Commissioner’s serious concern. Clearly, any infringement of policies and procedures by any member of An Garda Síochána would be a very serious matter. Conscious of the need for continued public confidence in the integrity of the fixed charge notice system, and of the desirability of an independent investigation of the allegations in the public interest, I referred the allegations to GSOC, under section 102 of the Garda Síochána Act 2005, for independent investigation. The outcome of that investigation will be made public. In line with correct procedures the name of the person who made these confidential disclosures was not provided to me, and the Garda Commissioner will liaise directly with GSOC on the matter.
What is important now is that the actual facts of the situation are established before any conclusions are reached. The actions being taken by the Acting Garda Commissioner and the separate independent inquiry by GSOC should achieve exactly that.
140. Deputy Terence Flanagan asked the Minister for Justice and Equality the new white collar laws that have been introduced by this Government; the plans for the remainder of this Government; and if she will make a statement on the matter. [35024/14]
View answerThe term 'white collar' crime is not formally defined. It broadly describes a range of non-violent crimes that people in positions of responsibility and trust commit for their own personal gain. It can cover fraud, embezzlement, insider trading on the stock market, bribery, corruption and regulatory offences in specialist fields such as financial activity, occupational health and safety, environmental protection, and food safety. My Department has responsibility for legislation addressing some aspects of white collar crime including fraud and corruption. Other aspects, such as insider trading, Companies Acts offences and environmental offences fall within the responsibility of other Government Departments.
There is extensive legislation on the Statute Book addressing white collar and corporate crime and amendments to this legislation are also considered in the light of the experience of law enforcement agencies such as the Garda Síochána and the Office of the Director of Public Prosecutions in operating the legislation and in light of relevant court rulings. Where there is an identified requirement for additional legislative provisions to further enhance existing provisions in the law, I will not hesitate in bringing forward proposals.
I would draw the Deputy's particular attention to the Criminal Justice Act 2011, as a recent example of such developments in white collar crime legislation, and one which represents an important step in delivering on the Government’s commitment to tackle white collar crime. Its main purpose is to facilitate the more effective investigation of white collar crime and to reduce associated delays. The Act provides for new procedures to facilitate Garda access to essential information and documentation to assist in current and future investigations of white collar crime. The Act is targeted at specified serious and complex offences (“relevant offences”) attracting a penalty of at least 5 years imprisonment, including offences in the areas of banking and finance, company law, money laundering, fraud and corruption. The Act will provide vital assistance to the Gardaí in the completion of current investigations as well as providing assistance to them in investigations undertaken in the future.
Another recent provision of relevance to white collar crime is Part 5 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013. It makes provision for the selection of up to 15 jurors to serve in a criminal trial which is likely to last more than 2 months, with 12 jurors to be selected to consider the verdict. These provisions, which give effect to a recommendation of the Law Reform Commission’s recent Report on Jury Service, are of relevance to lengthy trials involving fraud or other complex financial matters where there is a risk of jurors becoming unavailable during the course of a protracted trial.
While the breadth and diversity of the issues faced in addressing serious, organised and white collar crime are such that no one piece of legislation could effectively address it in all its facets, the overall body of legislation in place is comprehensive and, as I have outlined, is continuously under review and development in light of operational experience and other relevant considerations.
In terms of forthcoming legislation, the Prevention of Corruption Acts 1889 to 2010 will be replaced by the Criminal Justice (Corruption) Bill which will be published in the coming months. The Bill will:
- replace and update the offences of giving and receiving bribes contained in the old legislation
- address the bribery of foreign public officials
- provide for the liability of corporate bodies for the corrupt actions of their directors, employees and agents
- include discrete offences outlawing trading in influence
- take account of the Mahon Tribunal recommendations to criminalise the making of payments knowingly or recklessly to a third party who intends to use them as bribes
The Bill is also intended to enhance the ability of the DPP to bring prosecutions by providing presumptions of corrupt gifts or payments such as:
- where an interested party makes a payment to a public official;
- where a public official has failed to declare interests as required by ethics legislation; and
- where an official accepts a gift in breach of ethical or disciplinary codes.
Penalties of up to 10 years’ imprisonment and unlimited fines are envisaged for persons convicted on indictment. It is also intended to allow a judge to order a public official convicted of an offence to forfeit their office and exclude them from seeking public office for a period of years. These forfeiture provisions will apply to senior office holders as well as a wide range of civil and public servants.
141. Deputy Catherine Murphy asked the Minister for Justice and Equality the extent of compliance among religious orders and institutions in relation to the transfer of records and archives relating to the Magdalen laundries redress process; the orders which have yet to comply; the number of requests that have been made in each case; the options that are available to the redress board to ensure that records are made available; and if she will make a statement on the matter. [35036/14]
View answerThe four relevant Religious Congregations are cooperating fully with the scheme and are providing all the available records and verifications when requested. Decisions have been made on 80% of the 770 applications received to date, and so far, 442 applicants have received their lump sum payments at a cost of over €16m.
In cases where the relevant religious congregation have incomplete or no record for an applicant my officials carry out a thorough examination, checking whatever records are available from other departments, agencies and institutions to support the claim. Each application is assessed on an individual basis taking into account any available records or documents as well as the applicant's testimony. The Deputy will also be aware that if the applicant disagrees with this assessment she can avail of an internal review process and also an independent appeal process which involves a review by Ombudsman's Office.
142. Deputy Catherine Murphy asked the Minister for Justice and Equality her views on the State's duty to uphold the constitutional right to education in cases where individuals who were committed to Magdalen laundries were not considered the de jure legal responsibility of the State and therefore may have been categorised as voluntarily institutionalised, but who none the less were, according to the McAleese report, held in seriously abusive and exploitative situations without basic education; if this failure is being taken into account by the redress board; and if she will make a statement on the matter. [35038/14]
View answerMr Justice John Quirke was asked by the Government to advise on an appropriate scheme for those women who were admitted to and worked in the Magdalen laundries taking into account all the factors that might apply to such women and to such a scheme. As part of that process he undertook an extensive consultation process with the women concerned and with the relevant advocacy groups. Mr Justice Quirke specifically took into account the issue of education not received, see point 2.09 of his report, when making his recommendations for a scheme and in calculating the nature and amount of ex-gratia payments to be made. His recommendations have been accepted by the Government.
143. Deputy Terence Flanagan asked the Minister for Justice and Equality further to Parliamentary Question No. 574 of 30 April 2014, if she will provide an update; and if she will make a statement on the matter. [35051/14]
View answerI am awaiting additional material from the Garda authorities in relation to the matter referred to by the Deputy and I will contact him again when it is to hand.
