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Thursday, 25 Sep 2014

Written Answers Nos. 116 - 128

Garda Station Refurbishment

Questions (116)

Patrick O'Donovan

Question:

116. Deputy Patrick O'Donovan asked the Minister for Justice and Equality if she will provide details on a matter (details supplied) regarding Garda accommodation; and if she will make a statement on the matter. [36180/14]

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Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, including assigning members to Drugs Units, 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 Newcastle West Garda Station on 31 July, 2014, the latest date for which figures are readily available, was 38. The personnel strength of Newcastle West Garda Station on 31 December, 2010 was 28. Information in relation to support staff is as outlined as follows:

Civilian Staff as at 31/08/10

District Finance Officer/Staff Officer 1

Clerical Officer 3.4

Civilian Staff as at 31/08/14

District Finance Officer/Staff Officer 1

Clerical Officer 3.4

Following the amalgamation of Newcastle West and Askeaton Districts on the 22nd April, 2013 there was a requirement for additional IT infrastructure. In this regard sanction was given to carry out the necessary works.

The 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 cooperation 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.

Garda Station Expenditure

Questions (117)

Patrick O'Donovan

Question:

117. Deputy Patrick O'Donovan asked the Minister for Justice and Equality in view of recent proposals to reform the Garda Síochána, her views that the mechanism for determining how capital investment in Garda stations is made needs to be reformed; her plans to reform the method for prioritising investment; and if she will make a statement on the matter. [36185/14]

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Written answers

The programme of replacement 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.

The Office of Public Works, on foot of an analysis of the accommodation priorities determined by An Garda Síochána, provides options on identifying appropriate, cost effective solutions to the requirements of An Garda Síochána. Garda accommodation projects are progressed having regard to the level of capital funding that is available in the OPW Vote for Garda projects.

Garda Station Expenditure

Questions (118)

Patrick O'Donovan

Question:

118. Deputy Patrick O'Donovan asked the Minister for Justice and Equality if she will provide details of the number of Garda stations who in 2013 and to date in 2014 have reported instances of vermin infestation; and if she will make a statement on the matter. [36186/14]

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Written answers

I am informed by the Garda authorities that expenditure was authorised to deal with reported instances of vermin infestation in 15 (fifteen) Garda Stations for the year 2013. The comparable figure for the year 2014 to date is 11 (eleven).

Miscarriages of Justice

Questions (119)

Robert Dowds

Question:

119. Deputy Robert Dowds asked the Minister for Justice and Equality the reason for the operation of poor boxes in court and if there are any guidelines about the use of such a system. [36249/14]

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Written answers

The court poor box is a non-statutory system used mostly by the District Courts to impose a financial charge on a defendant to be used for a charitable purpose, usually instead of imposing a criminal conviction. Payments made to the court poor box are accounted for by the court office concerned and the accounting procedures are subject to audit by the Comptroller and Auditor General. Generally, charities are the recipients of poor box contributions but the decision is solely at the discretion of the Judge who is independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law.

The Deputy will be aware that the Government have approved the drafting of the Criminal Justice (Community Sanctions) Bill and the publication of the General Scheme of the Bill. The proposed legislation will abolish the Court Poor Box and replace it with a statutory Reparation Fund to provide for a fair, equitable and transparent system of reparation that will apply only to minor offences dealt with by the District Court.

The new Reparation Fund will be used to provide additional funding for services for victims of crime and compensation payments payable by the Criminal Injuries Compensation Tribunal. The legislation will clearly provide that the Reparation Fund may not be used for any purpose other than the provision of compensation, reparation and assistance for victims of crime.

Garda Policing Plans

Questions (120)

Robert Dowds

Question:

120. Deputy Robert Dowds asked the Minister for Justice and Equality if there has been any consideration toward aligning Garda districts within county council boundaries with a view toward streamlining Garda community work. [36250/14]

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Written answers

The Garda Síochána Policing Plans for 2008 and 2009 outlined a programme to realign Regional, Divisional, District and Sub-District boundaries to make them co-terminous with local authority boundaries. This was carried out to facilitate the working of Joint Policing Committees in accordance with the provisions of the Garda Síochána Act 2005.

As the Deputy will appreciate,the Garda Commissioner is responsible for the distribution of personnel, including community Gardaí, 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.

Courts Service

Questions (121)

Clare Daly

Question:

121. Deputy Clare Daly asked the Minister for Justice and Equality the steps she has taken to ensure that the courthouses in Swords and Balbriggan, County Dublin continue to operate, as closure would undermine legal practices in the area and considerably disrupt matters for citizens and staff having to journey to the city centre for matters which could more conveniently be dealt with locally; the contact she has had with the Court Service on the matter; and if she will make a statement on the matter. [36263/14]

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Written answers

As the Deputy is aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of accommodation for court sittings.

However, in order to be of assistance, I have had enquiries made and have been informed that the Courts Service undertook a review of the administration and delivery of court services in the Dublin Region. The purpose of the review was to identify, in consultation with all stakeholders, a range of options which could be considered to enable the Courts Service to maintain frontline courts services and support court sittings in the context of reduced budgetary and staffing availability. Arising from the review, proposals were formulated including proposals to close the court office in Swords and the court venues at Swords and Balbriggan. A comprehensive public consultation process was undertaken by the Courts Service and submissions were received from a range of stakeholders including the judiciary, other agencies across the justice sector, the legal profession, local authorities and public representatives, staff associations and members of the public generally.

The Courts Service has advised that the proposals, including all submissions received during the consultation phase, were considered by the Courts Service Building Committee, a sub-committee of the Courts Service Board, at its meeting on 22 September 2014. These included views of the Working Group on Efficiencies in the Criminal Justice System which is chaired by my Department and comprises representatives of the main justice sector agencies including An Garda Síochána, the Irish Prison Service, the judiciary and the Courts Service among others, which, at my request, considered the proposals on court closures from a Justice system perspective.

The Building Committee, in considering the submissions received, noted the views expressed regarding possible inconvenience that could entail for court users, the potential impact on local policing and also the projected increased costs across the justice sector. Following the extensive consultation process, the Courts Service has recently announced that the proposals will not proceed at this time.

Liquor Licensing Laws

Questions (122)

Seán Kenny

Question:

122. Deputy Seán Kenny asked the Minister for Justice and Equality the procedures under licensing laws that public house owners must adhere to when applying for late night extensions for the selling of alcohol and late night music; the powers of the Garda Síochána under the licensing laws in this regard; the provision being made in the legislation for the submissions of observations and comments by the public. [36266/14]

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Written answers

Section 5 of the Intoxicating Liquor Act 1927 (as amended), provides that the licensee of a public house may apply to the District Court for a special exemption order which permits extended opening hours for a special occasion. An applicant for such an order must, not less than forty eight hours before making the application, serve on the officer in charge of the Garda Síochána for the licensing area concerned a notice of intention to apply for the order which contains details of the premises, the special occasion and the hours in relation to which the order is being sought.

In such cases the District Court may grant the special exemption order if it thinks fit to do so having heard the officer in charge of the Garda Síochána for the licensing area concerned. However, the Court shall not grant such an order in respect of any premises unless it is satisfied that the special occasion concerned will be conducted in a manner which will not cause undue inconvenience or nuisance to people residing in the locality or create an undue threat to public order or public safety in the locality. Members of the public may therefore convey any concerns they may have in relation to special exemption orders granted in respect of specified premises to the officer in charge of the Garda Siochána for the licensing area concerned.

Garda Recruitment

Questions (123)

Niall Collins

Question:

123. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the costs of recruiting, training and employing 100, 200, 300, 400 and 500 extra gardaí per annum to An Garda Síochána; and if she will make a statement on the matter. [36274/14]

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Written answers

I am informed by the Garda authorities that the initial annual cost of recruiting, training and employing 100, 200, 300, 400 and 500 extra Gardaí per annum is as set out in the following table:

Expenditure Category

100 Members

200 Members

300 Members

400 Members

500 Members

Salary and Allowances

€1.89m

€3.77m

€5.66m

€7.54m

€9.43m

The costs presented do not include pension costs which are not known until they are drawn down. They do include employers’ PRSI where relevant but exclude any allowances for which members may qualify following attestation.

Registration of Title

Questions (124)

Michael Healy-Rae

Question:

124. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding land registration in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [36304/14]

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Written answers

I can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.

The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round. I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.

Student Visas Eligibility

Questions (125)

Jerry Buttimer

Question:

125. Deputy Jerry Buttimer asked the Minister for Justice and Equality if level 6 courses offered by institutes of technology qualify as eligible courses for participation in the student bond system for the purposes of obtaining a visa to study here; and if she will make a statement on the matter. [36322/14]

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Written answers

All non-EEA students seeking to pursue a full time course of studies in Ireland are required to demonstrate access to certain minimum levels of finance. For visa required nationals this generally requires the provision of bank statements and comprehensive information is available to students on the INIS website regarding what proof of finance is required when applying for a visa. A pilot programme is currently in operation which allows visa required nationals seeking to undertake certain degree programmes in Ireland  to provide an alternative to bank statements as a method of proof of finances.  The alternative method is an "education bond" with a minimum value of €7,000.  The bond must be lodged to an approved student fees payment service and must be held continuously from the initial visa application through to the time the student registers in Ireland with the immigration authorities. Currently the courses allowable under this alternative arrangement are limited to Degree Programme courses delivered by certain types of institution which I understand can include the Institutes of Technology. Full details regarding eligible courses and awarding body are available on the INIS website at www.inis.gov.ie.

Officials from my Department are available to discuss the operation of the bond system with the Institutes of Technology.

Proposed Legislation

Questions (126, 127, 128, 146)

Denis Naughten

Question:

126. Deputy Denis Naughten asked the Minister for Justice and Equality if the forthcoming Criminal Law (Sexual Offences) Bill will make provision for the Joint Committee on Justice, Defence and Equality recommendations on prostitution; and if she will make a statement on the matter. [36353/14]

View answer

Billy Timmins

Question:

127. Deputy Billy Timmins asked the Minister for Justice and Equality the position regarding laws targeting sex buyers to end exploitation, abuse and trafficking (details supplied); when this Bill will be taken as it is now over a year since the Justice Committee on Justice, Defence and Equality issued its report; and if she will make a statement on the matter. [36364/14]

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Catherine Murphy

Question:

128. Deputy Catherine Murphy asked the Minister for Justice and Equality if legislation in the area of sex trafficking and-or prostitution is planned to be brought forward with a view to better protecting women; and if she will make a statement on the matter. [36376/14]

View answer

Dan Neville

Question:

146. Deputy Dan Neville asked the Minister for Justice and Equality when she plans to introduce laws targeting sex buyers to end exploitation, abuse and trafficking in view of a report issued from the Joint Committee on Justice, Defence and Equality, which recommended such laws after studying numerous submissions and months of hearings. [36430/14]

View answer

Written answers

I propose to take Questions Nos. 126 to 128, inclusive, and 146 together.

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 Deputies 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.

I would draw attention to the existing legislative provision addressing the trafficking of persons for the purposes of exploitation (including sexual exploitation) which can attract significant 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.

There is also provisions in our criminal law directed at the public nuisances and exploitation associated with prostitution. Solicitation, by both the client and the prostitute, living on the earnings of prostitution, organising prostitution and running a brothel are all offences under the Criminal Law (Sexual Offences) Act 1993.

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