Written Answers Nos. 290-307
290. Deputy Michael Lowry asked the Minister for Justice and Equality if she will commit to the recruitment of the 200 additional Garda recruits; if she will provide a clear timeline for the recruitment of these gardaí; when these recruits will commence their training in Templemore, County Tipperary; and if she will make a statement on the matter. [35313/14]
View answerThe Deputy will be aware that the first intake since 2009 of 100 new recruits entered training at the Garda College in Templemore on Monday 15th September 2014. This marked a positive step forward for policing in Ireland. It is my intention that there will be ongoing recruitment and I am discussing the details of this with my colleague the Minister for Public Expenditure and Reform.
292. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of residency status in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [35315/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned has submitted written representations.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, in advance of a final decision being made.
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.
293. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will set aside a deportation order in the case of a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [35346/14]
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 5 August 2014. This Deportation Order was made following a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).
The Deputy might wish to note that the person concerned has never held a right of residency in the State of a nature as would have allowed him to take up a position of paid employment.
The effect of a Deportation Order is that the person concerned must leave the state and remain thereafter outside the State. The enforcement of Deportation Orders is an operational matter for the Garda National Immigration Bureau.
However, if new information or circumstances come to light which has a direct bearing on this case and which have arisen since the original decision to deport was made, there remains the option of applying to me for revocation of the Deportation Order pursuant to the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). However, I wish to make clear that such an application would require substantial grounds to be successful.
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.
294. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the number of outstanding bench warrants nationally and per Garda division; the actions she has taken to reduce the outstanding number; and if she will make a statement on the matter. [35447/14]
View answerI have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
295. Deputy Niall Collins asked the Minister for Justice and Equality her plans to address the climate of intimidation and fear on certain public transport services in Dublin; if she has had any contact with the Garda, Transdev, CIÉ or any of its subsidiary companies regarding this issue; and if she will make a statement on the matter. [35448/14]
View answerI am aware from the Garda authorities that their enforcement strategy to tackle anti-social behaviour and criminal activity on public transport services includes a high visibility policing presence at relevant times at key locations. It is also the case that there is ongoing regular liaison between local Garda management and transport operators with respect to any security and policing issues that can arise on the services in question.
296. Deputy Niall Collins asked the Minister for Justice and Equality the extra resources that have been allocated to L District in DMR West Garda unit to tackle gangland crime there; and if she will make a statement on the matter. [35449/14]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution and allocation of all resources, including 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.
I have been informed by the Garda Commissioner that the personnel strength of the "L" District (Clondalkin) on 31 July 2014, the latest date for which figures are readily available, was 199. These are supported by 11 Garda Reserves and 13 Civilians. Clondalkin Garda District forms part of the DMR West Garda Division. The personnel strength of the DMR West Garda Division on the same date was 710.
Resources are further augmented, where necessary, by a number of Garda National Units such as the Garda National Drugs Unit (GNDU), the National Bureau of Criminal Investigation (NBCI), the Criminal Assets Bureau (CAB) and other specialised units.
Organised criminal activity is being targeted by An Garda Síochána across a number of fronts, including through the use of focused intelligence led operations by specialist units such as the Serious and Organised Crime Unit and the work of the Criminal Assets Bureau.
While the challenges posed by gangland and organised crime remain clear to all, An Garda Síochána continue to make arrests and bring persons before the Courts, with substantial sentences handed down in many instances. In recent weeks we have seen very significant outcomes from a number of Garda operations against criminal gangs including a carefully planned and coordinated strike to dismantle a major drugs gang which led to the arrest of nine persons and the seizure of drugs with an estimated value of over €5 million.
297. Deputy Niall Collins asked the Minister for Justice and Equality if any of the applicants who were successful in reaching the later stages of the recent Garda recruitment process will be considered in further rounds of recruiting in the future; if those applicants will be recognised for successfully completing the initial rounds of the process in future selection; and if she will make a statement on the matter. [35450/14]
View answerThe Deputy will be aware that the Public Appointments Service are managing this recruitment process on behalf of An Garda Síochána and I have no direct involvement in the matter. Candidates who are ultimately successful through all stages of the competitive process will be placed on a panel for entry into training in the Garda College. A candidate who fails any stage of the process will be eliminated from the competition and will not be allowed re-enter.
The Deputy will be aware that the first intake since 2009 of 100 new recruits entered training at the Garda College in Templemore on Monday 15th September 2014. This marked a positive step forward for policing in Ireland. It is my intention that there will be ongoing recruitment and I am discussing the details of this with my colleague the Minister for Public Expenditure and Reform.
298. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide an update on the establishment of the new Garda authority; when this authority will be fully functional; and if she will make a statement on the matter. [35451/14]
View answerThe Government has undertaken to put in place a comprehensive programme of justice reform, a key element of which is the establishment of a new independent policing authority. The Cabinet Committee on Justice Reform, chaired by An Taoiseach, is charged with overseeing the project.
In that context the preparation of a General Scheme of a Bill to make provision for the policing authority is at an advanced stage in my Department and the Deputy can be assured that it will continue to be dealt with on a priority basis.
299. Deputy Niall Collins asked the Minister for Justice and Equality the chain of responsibility and accountability if a State solicitor fails in their duty to the court and the State in bringing forward evidence and stating matters of fact before a judge; if she has satisfied herself with the current disciplinary procedures for same; and if she will make a statement on the matter. [35452/14]
View answer“State Solicitor” is a grade in the Chief State Solicitors' Office and it is also the title given to the local State Solicitors who represent the various counties throughout the country. Local State Solicitors are retained by the Office of the Director of Public Prosecutions for criminal prosecution work on behalf of the Director of Public Prosecutions. The Chief State Solicitor’s Office is a constituent element of the Office of the Attorney General and is the principal provider of solicitor services to the Attorney General and to all Government Departments and Offices. It also provides solicitor services to certain other State Agencies and acts for the State before Tribunals and Commissions of Inquiry. The Office does not act for members of the public. While not an office under my remit as Minister, it is my understanding that, under the Customer Charter of the Chief State Solicitor's Office 2011-2014, if someone has a complaint about the standard of service provided by the Office and is unable to resolve the matter with the officer concerned or his/her immediate superior, that person may refer the complaint to the Human Resources Manager, Chief State Solicitor’s Office at Osmond House, Little Ship Street, Dublin 8, e-mail address, contact@csso.gov.ie. In the event that the complaint cannot be resolved by the Human Resources Manager, then he/she will arrange for a review of the complaint to be carried out by a member of the Office's Management Advisory Committee nominated by the Chief State Solicitor. Under the Charter, all complaints and reviews of them will be dealt with promptly, objectively and in a consistent open and fair manner. Again, while not under my remit as Minister, it is also my understanding that, if the matter giving rise to a complaint about a State Solicitor relates to a criminal prosecution, then such a complaint should be directed to the Office of the Director of Public Prosecutions, Infirmary Road, Dublin 7, e-mail address, dpp@dppireland.ie.
More generally, under the Solicitors Acts 1954-2011 and their attendant regulations, the Law Society of Ireland, the Solicitors Disciplinary Tribunal and the Office of the Independent Adjudicator are the independent statutory bodies charged with investigating or resolving complaints against solicitors, including as may be, State Solicitors. Under the statutory complaints framework the Law Society is, therefore, the main route of redress for aggrieved clients of solicitors, outside of taking an action through the courts. The Society’s Complaints and Client Relations Committee, which includes lay members, determines complaints in relation to misconduct, inadequate services or excessive fees made directly to it by members of the public. The Society provides guidance on “making a complaint” on its website, www.lawsociety.ie.
The Solicitors Disciplinary Tribunal deals with complaints of serious misconduct and such complaints are either referred to it by the Law Society or made directly to the Tribunal by members of the public. The Tribunal members are appointed by the President of the High Court and act independently of the Law Society. In more serious cases, where the Tribunal considers that a solicitor should be suspended or struck off it will make such a recommendation to the President of the High Court. Further details are available on the Tribunal’s website www.distrib.ie.
Members of the public who are dissatisfied with the way the Law Society has dealt with a complaint may also refer it to the Office of the Independent Adjudicator (www.independentadjudicator.ie). The Office of the Independent Adjudicator was established to provide an independent point of contact to which members of the public could have recourse if dissatisfied with the manner in which the Law Society had dealt with a complaint. It is important to note that the Adjudicator’s role is to investigate the handling of the complaint by the Law Society and not to investigate the substance of the original complaint.
The Deputy will be aware that the Legal Services Regulation Bill 2011, which is due to return to Report Stage in the Dáil in the coming weeks, will establish a new, independent Legal Services Regulatory Authority with responsibility for the oversight of both solicitors and barristers. There will be a new complaints system to deal with complaints about professional misconduct and inadequate professional services independent of both the Law Society and the Bar Council backed up by a Legal Practitioners’ Disciplinary Tribunal. Members of the public who wish to make complaints will no longer do so through the Law Society or the Bar Council as they do at present, but through the new and independent Legal Services Regulatory Authority.
300. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the partial year and the full year monetary effect of her Department's budget 2014 reductions to expenditure; and if she will make a statement on the matter. [35453/14]
View answerThe reduction in the Department's budget for 2014 (Vote 24) was €15.8 million on a full year basis and it is expected that the reduction in question will be in realised in full.
301. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the legislation she proposes to bring to Dáil Éireann within the next 12 months; the date she expects this legislation to reach Second Stage; and if she will make a statement on the matter. [35454/14]
View answerI refer the Deputy to the Government's Legislation Programme for Autumn Session 2014 and set out below in tabular format, the list of those Bills for which I have responsibility; several of which I expect to be brought before the Dáil in the next year. The Bills are grouped into 'A' list Bills; those which are expected to be published this Session, 'B' list Bills; those which are currently assigned for or being drafted, but not expected to be published this Session and finally 'C' list Bills; those for which Heads are being prepared within my Department but that have yet to be approved by Government.
The Deputy will appreciate that I am not positioned to forecast when time can and may be made available in the Houses to debate a Bill at any given time, nor when Second Stage may be scheduled. Progression of legislation is, as the Deputy will be aware, subject to competing legislative priorities and various ongoing developments can affect the rate at which a Bill progresses.
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A List |
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Personal Insolvency Amendment Bill |
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Judicial Council Bill |
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Criminal Law (Sexual Offences) Bill |
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Redress for Women Who Were In Certain Institutions Bill |
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Criminal Justice (Corruption) Bill |
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Children and Family Relationships Bill |
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B List |
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Mediation Bill |
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Garda Síochána (Compensation for Malicious Injuries) Bill |
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Criminal Records Information System Bill |
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Transfer of Sentenced Persons and Transfer of Execution of Sentences Bill |
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Explosives Bill |
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Family Leave Bill |
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Criminal Justice (Mutual Recognition of Probation Judgements and Decisions) Bill |
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Criminal Justice (Legal Aid) Bill |
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Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Bill |
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Gambling Control Bill |
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Sale of Alcohol Bill |
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Landlord and Tenant Bill |
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Criminal Justice (Offences relating to Information Systems) Bill |
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Criminal Justice (Miscellaneous Provisions) Bill |
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Criminal Procedure Bill |
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Criminal Justice (Community Sanctions) Bill (previously Probation Service Bill) |
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C List |
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Táillte Éireann Bill (previously Registration, Survey and Valuation of Land Bill) |
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International Protection Bill |
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Bail Bill |
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Reformed & Consolidated Domestic Violence Bill |
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Family Court Bill |
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Policing Authority Bill |
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Hague Convention (Choice of Court) Bill |
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Judicial Appointments Bill |
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Saint Patrick’s Institution (Closing) Bill |
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International Recovery of Child Support (Hague Convention) Bill |
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Marriage Equality Referendum Implementing Bill & Referendum Bill |
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Civil Liability (Amendment) Bill |
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Inspection of Places of Detention Bill |
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Courts (Consolidation and Reform) Bill |
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Family Law Bill |
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Trusts Bill |
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Juries Bill |
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Criminal Justice (Proceeds of Crime) Bill |
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Criminal Justice (Victims Rights) Bill |
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Official Secrets Act (Amendment) Bill |
302. Deputy Niall Collins asked the Minister for Justice and Equality when she expects the Legal Services Regulation Bill 2011 to reach final stage in Dáil Éireann; if she supports the provision of multidisciplinary practices as originally outlined in the Bill; if she supports the merger of the solicitor and barrister professions; and if she will make a statement on the matter. [35455/14]
View answer304. Deputy Niall Collins asked the Minister for Justice and Equality the communication she has had with the European Commission this year with regard to the regulation of the legal profession; and if she will make a statement on the matter. [35457/14]
View answerI propose to take Questions Nos. 302 and 304 together.
The Legal Services Regulation Bill 2011, which has completed both Second and Committee Stages in the Dáil, commenced Report Stage in the Dáil on 11th July 2014 which is due to resume next month. The Government's proposed amendments will be made available in advance for consideration. It remains the intention that the Bill be enacted by the end of this year and that the new Legal Services Regulatory Authority come into operation early in 2015. The Bill will continue to include provision for multi-disciplinary practices. As the Deputy will already be aware, under the Bill the possible fusion of the two legal professions is one of those matters that is to be the subject of public consultations conducted by the new Legal Services Regulatory Authority.
Having been a key undertaking of the structural reform programme agreed under the EU/IMF/ECB Troika Memorandum of Understanding, the Legal Services Regulation Bill is, in succession to the Troika programme, now the subject of a Country Specific Recommendation under the EU Semester Process. As was the case with the Troika Programme, the relevant contacts and negotiations under the Semester Process are carried out with the European Commission at senior official level, including with relevant Government Departments such as my own and in conjunction with our Permanent Representation to the EU in Brussels.
The relevant Recommendation arising from these negotiations was among those endorsed by Heads of State and Government at the European Council of 26-27 June 2014, including as conveyed to the House by the Taoiseach in his speech of 2 July 2014 on the outcomes of that Council. The Recommendation urges that Ireland take action during the period 2014-2015 to, "Reduce the cost of legal proceedings and services and foster competition, including by the enactment of the Legal Services Regulation Bill by the end of 2014, including its provision allowing the establishment of multi-disciplinary practices, and by seeking to remove the solicitor's lien. Monitor its impact, including on the costs of legal services. Take executive steps to ensure that the Legal Services Regulatory Authority is operational without delay and that it meets its obligations under the legislation, including in terms of publishing regulations or guidelines for multi-disciplinary practices and the resolution of complaints". The Government's commitment to the structural reforms of the Bill is also a key element of the Programme for Government, the Action Plan for Jobs, the Medium Term Economic Strategy 2014-2020 and the National Reform Plan, respectively.
303. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the spend by her Department on free legal aid in civil and criminal cases in the years from 2011 to date in 2014; and if she will make a statement on the matter. [35456/14]
View answerCriminal Legal Aid Scheme:
The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means. Under the Act, the grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of their defence or appeal. The granting of aid is a matter for the court.
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Year |
Total Amount of Expenditure (€ million) |
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2011 |
56.1 |
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2012 |
50.5 |
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2013 |
50.9 |
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2014 (January - August) |
33.3 |
Civil Legal Aid Scheme:
In respect of civil legal aid, this is provided by the Legal Aid Board, an independent State agency. Persons availing of civil legal aid pay a contribution towards the service, with some exceptions, so it is not a free service per se. Exchequer funding is provided by way of a grant-in-aid to the Board. The service is primarily provided through the Board's law centre network and by its own solicitors, although private practitioners on the Board's panels are engaged to provide a complementary service by the Board, mainly in District Court family law matters.
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Year |
Exchequer Funding (€ million) |
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2011 |
30.37 |
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2012 |
32.92 |
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2013 |
33.76 |
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2014 (January - August) |
21.15 |
305. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide details in tabular form of the number of current prisoners who have convictions exceeding ten, 25, 50, 100, 150, 200 and above 200; and if she will make a statement on the matter. [35458/14]
View answerThe information requested by the Deputy is not readily available. The compilation of these statistics would require a disproportionate and inordinate amount of staff time and effort to prepare and could not be justified in current circumstances where there are other significant demands on resources.
306. Deputy Niall Collins asked the Minister for Justice and Equality her plans to reform data protection legislation here; if she is satisfied that policy co-ordination at an EU level in this area is sufficient; and if she will make a statement on the matter. [35459/14]
View answerFollowing an extensive consultation process, in January 2012 the European Commission published proposals for a General Data Protection Regulation to replace the 1995 Data Protection Directive (Directive 95/46/EC) and proposals for a Directive on data protection in the police and criminal justice area to replace the 2008 Data Protection Framework Decision (Framework Decision 2008/977/JHA). These proposals are subject to co-decision between the Council and the European Parliament. While the Parliament has already adopted positions in respect of both instruments, the JHA Council has not yet reached agreement on all aspects of the Commission's proposals and expert-level discussions are ongoing under the current Italian Presidency of the Council.
Following completion of the co-decision procedure, it will be necessary to review the contents of the Data Protection Acts 1988 and 2003 in order to ensure compliance with the revised data protection standards in the new Regulation and Directive. While many of the Regulation's provisions will be directly applicable without the need for domestic legislation, the Directive's provisions may, depending on the final content, need to be transposed into domestic law. It is likely that some amendments to the 1988 and 2003 Acts will be required.
As regards improved coordination at EU level, I welcome the Commission's proposals which are intended to ensure greater consistency in the interpretation and application of data protection standards across the EU. The proposals envisage, in particular, increased consultation and cooperation between the Member States' data protection authorities in a strengthened European Data Protection Board. Improved harmonisation in the interpretation and application of data protection standards across the Member States will contribute to reducing administrative burdens and compliance costs for businesses and ensure a more consistent approach to the exercise of individuals' data subject rights in the Member States.
307. Deputy Niall Collins asked the Minister for Justice and Equality the monthly cost of running the Criminal Courts of Justice, Parkgate Street, Dublin 8; if she will provide a breakdown of these costs; and if she will make a statement on the matter. [35460/14]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, including the provision and maintenance of accommodation for court sittings.
The Deputy may be aware that the Criminal Courts of Justice (CCJ) is delivered on the basis of a design, construct, finance, maintain and operate public private partnership contract between the Courts Service and a Public Private Partnership Company (PPPCo).
The Courts Service pays the PPPCo a single unitary charge payment each month over a twenty five year period covering the costs of the building including the capital outlay in designing, financing and constructing the building and in providing a range of services to maintain/operate the building such as cleaning, security, facilities management and building maintenance. Following an extensive procurement exercise, the Courts Service entered into a contract with the PPPCo in October 2007. The CCJ was handed over to the Courts Service ahead of schedule in November 2009 and was fully operational at the start of January 2010.
Under the terms of the contract, the PPPCo is obliged to provide the facilities and the services in the Criminal Courts of Justice to a required standard and in accordance with a performance regime as set out in the contract. Failure to meet these standards or failure to have all or part of the Criminal Courts of Justice available for use during the course of the contract period will result in financial penalties being incurred by the PPPCo. As the Criminal Courts of Justice will be handed over to the Courts Service in an ‘as built’ condition in 2035 the contract provides that the PPPCo are responsible for the ongoing maintenance, including replacement costs for the fabric, contents and equipment in the Criminal Courts of Justice.
A single monthly unitary charge is paid to the PPPCo in respect of the above. I am informed that in 2014 the average monthly unitary charge is €1.8million (including VAT). Approximately 57% of the cost relates to the initial investment by the PPPCo in capital and construction costs and 43% relates to the provision of ongoing services. Certain additional items of expenditure are paid for on a per use basis. The most significant of these relate to jury minding which cost €470,000 in 2013.
It is worth noting that this PPP contract was dealt with in detail by the Comptroller and Auditor General in his 2008 Annual Report and was also examined by a sitting of the Public Accounts Committee of this House in July 2010.
I should also mention that, following the construction of the Criminal Courts of Justice, the Courts Service was able to cease leaseholds on various buildings in which courtrooms had been provided, including the Distillery Building, King's Inns, the old Richmond Hospital and Bow Street. In addition to the very considerable annual lease and rental costs, buildings also had to be maintained, cleaned and secured. Ongoing operational savings have also been made for other criminal justice agencies, including the Irish Prison Service and An Garda Síochána.
