Tuesday, 23 Sep 2014

Written Answers Nos. 308 - 325

Court Accommodation Provision

Questions (308)

Niall Collins

Question:

308. Deputy Niall Collins asked the Minister for Justice and Equality her plans to construct a new Supreme Court; and if she will make a statement on the matter. [35461/14]

Written answers

Minister for Justice and Equality

As the Deputy may be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and I am informed that there are no plans at present to construct a new Supreme Court. I am informed that proposals drawn up in 2009 for the development of the Four Courts as a Civil Courts Campus included a proposal to relocate the Supreme Court in a new building within the Four Courts complex, however, due to financial constraints these proposals have not progressed. Work is currently underway within the Four Courts complex to provide accommodation for the new Court of Appeal within existing buildings in the complex.

Garda Operations

Questions (309)

Niall Collins

Question:

309. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide an update on the effectiveness of Operation Fiacla; the resources allocated to this operation in 2012, 2013 and to date in 2014; and if she will make a statement on the matter. [35462/14]

Written answers

Minister for Justice and Equality

Since Operation Fiacla commenced, significant inroads have been made into targeting those involved in burglary. As of 30 July, 9,992 persons have been arrested and 5,801 persons have been charged with burglary offences under Operation Fiacla.

I have requested a report from the Garda authorities in relation to the specific information requested by the Deputy and I will contact the Deputy directly as soon as it is to hand.

Children First Guidelines

Questions (310)

Niall Collins

Question:

310. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide an update on the implementation of the Children First policy; and if she will make a statement on the matter. [35463/14]

Written answers

Minister for Justice and Equality

The Deputy will appreciate that overall responsibility for policy with respect to Children First: National Guidance for the Protection and Welfare of Children rests with the Minister for Children and Youth Affairs. Along with other relevant Departments and agencies, my Department is represented on the Children First Implementation Inter-Departmental Group (CFIDG), chaired by the Department of Children and Youth Affairs.

I can further inform the Deputy that my Department established a Justice Sector Children First Implementation Committee in June 2012 comprising officials from each of the relevant Justice Sector agencies with the overall objective of co-ordinating Children First implementation across the sector. Arising from this process a Justice Sector Children First Implementation Plan was published in June 2013 setting out the principles which apply in the Justice Sector consistent with the national guidance. This plan is currently being reviewed in light of ongoing experience in relation to its implementation and in anticipation of the provisions of the forthcoming Children First legislation.

Commissions of Investigation

Questions (311)

Niall Collins

Question:

311. Deputy Niall Collins asked the Minister for Justice and Equality the current timeframe for each commission of investigation, including known future commissions of investigation, within her Department; and if she will make a statement on the matter. [35464/14]

Written answers

Minister for Justice and Equality

The order establishing the Commission of Investigation into the fatal shooting in May 1998 of Ronan MacLochlainn by members of the Garda Síochána in Ashford, County Wicklow, was signed on 23 July 2014 and the Commission commenced its work in late August. The terms of reference provide for this Commission to report to me within 6 months.

As the Deputy is aware, the Government has committed to establishing a Commission of Investigation into matters arising from the report by Seán Guerin SC of 6 May 2014 of the review of the action taken by the Garda Síochána pertaining to certain allegations made by Sergeant McCabe. The terms of reference of the Commission, including the timeframe, and the appointment of a member, are under consideration and will be finalised very shortly. I have also been conscious that this period of preparation could provide an opportunity for consideration to be given to the inclusion in the terms of reference of such additional cases, if any, as may be identified as appropriate for a Commission of Investigation arising from the establishment of the independent review by counsel of allegations of Garda misconduct which commenced work recently. The panel does have a significant number of cases to examine, however, and it may be that any recommendations it may make in regard to a Commission of Investigation will be dealt with subsequent to the establishment of this Commission of Investigation.

Liquor Licensing Laws

Questions (312)

Caoimhghín Ó Caoláin

Question:

312. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the number of test purchases which have been carried out under section 14 of the Intoxicating Liquor Act 2008 in the years 2010, 2011, 2012, 2013 and to date in 2014. [35566/14]

Written answers

Minister for Justice and Equality

I 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.

Immigration Policy

Questions (313)

Caoimhghín Ó Caoláin

Question:

313. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality if she will provide an update on the development of an integration strategy; and when she plans to publish the strategy. [35567/14]

Written answers

Minister for Justice and Equality

The Programme for Government contains a commitment to promote policies which integrate minority ethnic groups in Ireland, and which promote social inclusion, equality, diversity and the participation of immigrants in the economic, social, political and cultural life of their communities. A significant level of activity is taking place in pursuit of this commitment.The Office for the Promotion of Migrant Integration, an Office operating under the ambit of my Department, has a cross-Departmental mandate to develop, lead and co-ordinate migrant integration policy across other Government Departments, agencies and services. The Office is currently engaged in a review of our approach to the integration of migrants with a view to the preparation of a new updated overall integration strategy in keeping with the Government’s commitment to the integration of migrants. A Cross Departmental Group on Integration was reconstituted in March to this end with a mandate to review the activities being undertaken by Government Departments and agencies directed to promoting the integration of migrants, preparing a Draft Integration Strategy taking account of the policies and actions already being implemented, and undertaking consultation with key stakeholders. A public consultation process was subsequently launched on 28 March 2014 as part of the review. Over eighty submissions were received from stakeholders, a large number of whom have now met with the Cross-Departmental Group on Integration. The Cross Departmental Group has also held a number of thematic meetings focussing on key policy areas relevant to the integration of migrants, including education, access to public services and social inclusion, and the promotion of intercultural awareness and combatting racism. Work on the development of the updated integration strategy, which will include further thematic meetings and engagement with stakeholders, is ongoing and will continue into 2015 when the new updated strategy will be published. More generally, it should be noted that the activities of a number of key Departments and agencies in the field of integration are already being taken forward on the basis of specific strategies to ensure that their services respond to Ireland’s changed demographic in an interculturally sensitive and inclusive manner. The strategies developed include: an Intercultural Health Strategy; an Intercultural Education Strategy; a Cultural and Arts Policy and Strategy; the Garda Síochána Diversity Strategy; and an Action Strategy for Integrated Workplaces. In addition, many local authorities too have developed action plans, often with the assistance of funding provided by the Office for the Promotion of Migrant Integration.

Prisoner Releases

Questions (314)

Fergus O'Dowd

Question:

314. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if, in view of the revelations on a television programme on 15 September 2014 regarding support services available to discharged female prisoners from the Dóchas Centre, she will increase the funding available to ensure greater supports are provided to these women to ensure they do not re-offend and return to prison. [35572/14]

Written answers

Minister for Justice and Equality

The Irish Prison Service is developing a comprehensive approach to prisoner release planning, to include a prisoner release policy, related protocols and standard operating procedures. It is intended to have these completed by October 2014.

The Irish Prison Service aims to ensure all releases from Irish prisons and places of detention are planned releases. The policy will standardise pre-release planning across the Irish Prison Service Estate and ensure the informed and effective transition of the offender from prison to the community, in compliance with statutory, legal and sentencing provisions.

This policy will apply to all prisons and places of detention in the Irish Prison Service estate and covers such areas as: Housing/Accommodation Needs, Financial Supports, Healthcare, Public Safety and Statutory Requirements, Families & Personal Relationships, Education, Training and Employment.

It is recognised that a serious deficiency exists in the infrastructural provision for female prisoners, in the context of a transition from a traditional, secure custodial location to a facility with a lower security level, prior to release into the community. Male prisoners can transfer from a closed prison to the Training Unit, a semi-open institution with a focus on vocational training and an established programme of escalating release to education, work and training or addiction treatment in the community. Suitable male prisoners can transfer to one of two open centres in the jurisdiction, where they can enjoy a significantly lower level of supervision and security, along with more relaxed visiting arrangements. Transfer to such facilities from closed prisons is of enormous value to prisoners, in the context of normalisation, increasing personal responsibility, consolidating family supports and easing the transition from custody to community, all of which contribute towards reducing tendencies towards reoffending.

To date, no such facilities have been available to female prisoners; however, I am informed by my officials that plans are well advanced for the construction of a day and residential campus in North Dublin to meet the needs of vulnerable women. This will offer a safe environment with day and residential programmes and services offered to single women who need respite and care. The services provided will be offered in such a way to support the women to become as independent as possible.

Many women are sent from the courts to the Dóchas Centre on short sentences of less than a year - usually for non-violent matters, including Theft, Burglary, TAIB (Threatening, Abusive, and Insulting Behaviour) and Intoxication in a Public Place. The fact they are serving short sentences gives the prison-based services little time to identify their issues and address their needs. Often the Dóchas Centre is a place of respite for this category of offender. It is the experience of the Irish Prison Service that many women are imprisoned directly or indirectly because of addiction, mental health, poverty and homelessness. The overall picture is that women offenders are likely to be poor, have limited education and are either unemployed or in low skilled employment. Many experience accommodation problems, often resulting in homelessness, and problems of addiction and/or mental health often feature. Significant numbers of women offenders have experienced abuse, either in childhood or in adulthood. Many women offenders are mothers of young children and may struggle with parenting because of their personal circumstances and unmet needs.

This new facility will play a significant role in providing a gradual, supported transition from prison to community for women prisoners. The campus will be subject to a management steering group comprising representatives of the statutory agencies involved, they are: Dublin City Council (Lead), the HSE, The Probation Service, CDTEB and Irish Prison Service. The campus will also be used as a community resource for the people of Finglas so that the campus truly reflects a community based resource.

Deportation Orders

Questions (315)

Bernard Durkan

Question:

315. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will use her absolute discretion to revoke a deportation order in respect of a person (details supplied) in County Meath, with particular reference to his employment history within the State from 2005 to 2014, inclusive. [35578/14]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that no deportation order has been made in the case of the person referred to by the Deputy.

The person concerned was first registered as a Student in the State in 2010 and kept this permission up to date until November 2012. The individual concerned has not had permission to reside in the State since 14 November 2012 and has remained in the State without permission since then. If the person referred to by the Deputy has worked in the State since 14 November 2012, they have done so illegally.

The person referred to by the Deputy appears to be in breach of Section 5(1) of the Immigration Act 2004 which provides that no non-Irish national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non Irish national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State. It would also seem that this person failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non nationals in respect of registration.

As stated in the reply to the Deputy's previous Parliamentary Question dated 17 September 2014, this person is unlawfully present in the State and is now expected to leave the State. If they fail to leave the State, it is the intention of the Irish Naturalisation and Immigration Service to issue a notification of a proposal of intention to deport them under the provision of Section 3(4) of the Immigration Act 1999, which may result in a Deportation Order being made.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

Human Trafficking

Questions (316)

Robert Dowds

Question:

316. Deputy Robert Dowds asked the Minister for Justice and Equality if she will provide an update on measures to address human trafficking, forced labour and the purchase of sex. [35579/14]

Written answers

Minister for Justice and Equality

Over the past number of years strong legislative, administrative and operational measures have been put in place in Ireland to combat and prevent trafficking in human beings. The Criminal Law (Human Trafficking) Act 2008, with penalties of up to life imprisonment for human trafficking, greatly strengthened the law in this area and this legislation was further bolstered in 2013 with new forms of exploitation, for forced begging and forced criminal activities, being provided for in new legislation. The Criminal Law (Human Trafficking)(Amendment) Act 2013 also provided, for the first time, a definition of 'forced labour' in Irish law, based on the International Labour Organisation's definition.

A dedicated Anti-Human Trafficking Unit was established in the Department of Justice & Equality in 2008 with the purpose of ensuring that the State's response to human trafficking is coordinated and comprehensive. In addition to that dedicated Unit in the Department of Justice & Equality there are 3 other dedicated Units in State Agencies dealing with the issue:

- the Human Trafficking Investigation and Co-ordination Unit in the Garda National Immigration Bureau ;

- the Anti-Human Trafficking Team in the Health Service Executive, who develop individualised care plans for victims, and

- a specialised Human Trafficking legal team in the Legal Aid Board.

Dedicated personnel are also assigned to deal with the prosecution of cases in the Office of the Director of Public Prosecutions and staff in the New Communities and Asylum Seekers Unit in the Department of Social Protection facilitates victims moving into mainstream social services. There are also a wide range of training and awareness raising activities on-going and extensive consultation structures exist with Non-Governmental Organisations, International Organisations and State Agencies.

This year, and for the past few years, An Garda Síochána, in its Annual Policing Plan, has identified trafficking in human beings as one of its priorities with an increased focus given to prevention and detection of human trafficking. Any suspicion of human trafficking that is reported to An Garda Síochána is the subject of a comprehensive investigation .

The State provides a wide range of support services to victims of human trafficking, these include: accommodation, medical care and planning, psychological assistance, material assistance, legal aid and advice, vocational training and education. The Anti-Human Trafficking Team in the HSE develops individual Care Plans for persons who are potentially victims of human trafficking. These Care Plans include a range of issues including medical health, G.P. referral, counselling, psychological care, sexual health, material assistance, accommodation, training needs, education, etc.

The Government’s approach to the issue of Human Trafficking is set out in the National Action Plan to Prevent and Combat Trafficking of Persons which set out 144 Actions to be undertaken to address this issue. A copy of the National Action Plan and a Review of the Plan are available on the dedicated Anti-Trafficking site blueblindfold.gov.ie. A Second National Action Plan is currently at an advanced stage of drafting and will be the subject of consultation with a broad range of organisations active in this field. This Plan will also be informed by the findings of international evaluations of Ireland’s anti-trafficking measures.

Finally, in relation to the issue of the purchase of sex, 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 the Deputy will appreciate, 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.

Residency Permits

Questions (317)

Bernard Durkan

Question:

317. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in respect of regularisation of residency in respect of a person (details supplied) in County Laois. [35580/14]

Written answers

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order and therefore has no entitlement to residency in the State.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State.

The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

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.

Question No. 318 answered with Question No. 283.

Appointments to State Boards

Questions (319)

Pádraig MacLochlainn

Question:

319. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to appoint the board of the National Disability Agency. [35654/14]

Written answers

Minister for Justice and Equality

I am pleased to inform the Deputy that, following the appearance of the new chairperson before the Oireachtas Committee on Justice, Defence and Equality last Thursday, the new board of the National Disability Agency is now in place. I can also inform the Deputy that the first meeting of the board took place yesterday. Details of the membership have been published on my Department's website and my office will forward a copy to the Deputy.

Irish Prison Service

Questions (320)

Seán Kenny

Question:

320. Deputy Seán Kenny asked the Minister for Justice and Equality her plans to have a recruitment drive for the Irish Prison Service. [35714/14]

Written answers

Minister for Justice and Equality

The Deputy will be aware that in accordance with Government Decision S180/20/10/0964C of 3 February and 24 March 2009 on the implementation of savings measures on public service numbers, more generally referred to as the moratorium on public sector recruitment, filling of vacancies in the Irish Prison Service is subject to the approval of the Minister for Finance. I can advise the Deputy that there are no immediate plans to recruit additional prison officers.

Crime Data

Questions (321)

Seán Kenny

Question:

321. Deputy Seán Kenny asked the Minister for Justice and Equality the number of successful convictions obtained by gardaí in the R district on bars and clubs for the offence of serving alcohol to persons aged under 18 years in the years 2012 and 2013. [35715/14]

Written answers

Minister for Justice and Equality

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose.

I have requested the CSO to provide statistics directly to the Deputy.

Criminal Injuries Compensation Tribunal Awards

Questions (322)

Michael Lowry

Question:

322. Deputy Michael Lowry asked the Minister for Justice and Equality if her attention has been drawn to an application made by a person (details supplied) in County Tipperary to the Criminal Injuries Compensation Tribunal; if her attention has been further drawn to the fact that this application has been waiting three years for assessment and it has been some 12 years since the incident occurred; the reasons behind this unreasonable delay; if her attention has also been drawn to the hardship this delay has caused to this person and their family; if she will expedite this application; and if she will make a statement on the matter. [35749/14]

Written answers

Minister for Justice and Equality

As the Deputy will be aware, under the terms of the Scheme of Compensation for Personal Injuries Criminally Inflicted the Criminal Injuries Compensation Tribunal is entirely independent in the matter of individual applications for compensation that fall to be considered by the Tribunal. However, in order to be of assistance to you in the matter I have had enquiries made with the Tribunal on your behalf.

I understand from the Tribunal that the application referred to, which was received in November 2011, has been the subject of ongoing correspondence between the Tribunal and the person concerned.

I also understand that the Tribunal will be in further contact with the person concerned in the near future.

Garda Resources

Questions (323)

Finian McGrath

Question:

323. Deputy Finian McGrath asked the Minister for Justice and Equality if she will ensure that the Garda has the resources and manpower to deal with the drugs gangs that intimidate whole communities; and if she will make a statement on the matter. [35842/14]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution 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 dedicated Divisional Drugs Units on 31 July 2014, the latest date for which figures are readily available, was 259. 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.

Under the National Drugs Strategy 2009-2016 framework a ‘Drug-Related Intimidation Programme’ has been established by the Garda National Drugs Unit in conjunction with the community based National Family Support Network (FSN) with the support of the HSE's Social Inclusion Unit. Under the programme, nominated Garda Inspectors have been selected by the Garda Commissioner across the country to deal to the issue of drug related intimidation. These Inspectors act as a point of contact for any individuals (or for representatives of the FSN acting on individuals' behalf) in responding to any issues of drug related intimidation being experienced.

Legal Aid Applications

Questions (324)

Catherine Murphy

Question:

324. Deputy Catherine Murphy asked the Minister for Justice and Equality the length of time of the waiting lists to access legal aid with the Legal Aid Board by county. [35872/14]

Written answers

Minister for Justice and Equality

This information is currently being collated and will be provided directly to the Deputy when it is to hand.

Garda Disciplinary Proceedings

Questions (325)

Clare Daly

Question:

325. Deputy Clare Daly asked the Minister for Justice and Equality the number of gardaí suspended from duty, excluding day suspensions for court appearances, by rank, over the past four years; the numbers per category who were subsequently disciplined; and the nature of the sanction imposed. [35923/14]

Written answers

Minister for Justice and Equality

The information is currently being collated and will be forwarded to the Deputy as soon as it is to hand.