Written Answers Nos. 280-297
280. Deputy Thomas Pringle asked the Minister for Justice and Equality when the Criminal Justice (Spent Convictions) Bill 2012 will be presented for Report Stage; and if she will make a statement on the matter. [36562/14]
View answerThe Bill 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. The Bill will be enacted at the earliest opportunity. Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures has been introduced, which provides that certain minor offences that are over 7 years old are no longer disclosed.
281. Deputy Jerry Buttimer asked the Minister for Justice and Equality if she has considered the report and recommendations from the Joint Committee on Justice, Defence and Equality regarding prostitution; if she will consider introducing laws targeting sex buyers to end exploitation, abuse and trafficking; and if she will make a statement on the matter. [36565/14]
View answerI 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.
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 are 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.
282. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of persons who have been refused permission to enter here at ports of entry over the past five years; and if she will make a statement on the matter. [36567/14]
View answerThe legal provisions governing the refusal of permission to land are set out in Section 4(3) of the Immigration Act, 2004. The number of people who have been refused leave to land at approved ports of entry (as prescribed by the Minister in accordance with section 6(2) of the Immigration Act, 2004), in the years concerned, 2009 to end July 2014, was: 3,252, 2,491, 2,308, 1,958, 1,844 and 1,248, respectively. A number of persons refused leave to land were subsequently permitted to enter the State having made a protection application pursuant to the Refugee Act, 1996 (as amended).
283. Deputy Niall Collins asked the Minister for Justice and Equality the number of applicants analysed by Garda division for the Garda Reserve who are waiting to be called into training and service; and if she will make a statement on the matter. [36572/14]
View answerI am informed by the Garda Commissioner that the total number of Garda Reserve applicants who have successfully completed the application process and are ready to be called for training as a Garda Reserve is 36.
In addition to this the current number of Garda Reserves in training is 84.
284. Deputy John Paul Phelan asked the Minister for Justice and Equality the timeframe for the enactment of the mediation Bill; and if she will make a statement on the matter. [36577/14]
View answerMy intention is to publish the Mediation Bill early in the next session and thereafter to proceed quickly with enactment of the legislation.
286. Deputy Dominic Hannigan asked the Minister for Justice and Equality the numbers of asylum seekers who are currently waiting on a decision (details supplied); and if she will make a statement on the matter. [36734/14]
View answerI am advised that there are no applications for refugee status currently pending in the Office of the Refugee Applications Commissioner or the Refugee Appeals Tribunal for persons from the countries referred to by the Deputy. I am also advised that there are a very small number of applications for subsidiary protection pending in the Office of the Refugee Applications Commissioner.
287. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will apprise herself of the ongoing spate of criminal vandalism, arson, and break-ins in Carndonagh, County Donegal; and if she will request that the Garda superintendent for the Buncrana district covering Carndonagh meet local county councillors, as requested, to hear their serious concerns and reassure them as to the Garda response. [36754/14]
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.
288. Deputy Joe Higgins asked the Minister for Justice and Equality if she will report on the appointment of the new Data Protection Commissioner. [35187/14]
View answerFollowing an open public competition managed by the Public Appointments Service I am pleased to advise the Deputy that the Government has appointed Ms Helen Dixon as the Data Protection Commissioner with effect from 10 September 2014. My Department is in the process of finalising the necessary associated administrative arrangements to give effect to the Government's Decision.
289. Deputy Michael Lowry asked the Minister for Justice and Equality the number of retirements from An Garda Síochána in County Tipperary from the years 2011 to date in 2014; and the total number of gardaí stationed in County Tipperary during these years. [36818/14]
View answerAs 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 An Garda Síochána and the number of members who retired in the Tipperary Division on 31 December 2011, 2012, 2013 and on the latest date for which figures are readily available in 2014, was as set out in the following table.
|
Year |
Strength |
Retired |
|
2011 |
376 |
4 |
|
2012 |
371 |
12 |
|
2013 |
371 |
10 |
|
2014 |
368 (31/07/14) |
10 (26/09/14) |
290. Deputy Seán Kenny asked the Minister for Justice and Equality her plans to purchase additional marked motorcycles for the Garda traffic corps; and if she will make a statement on the matter. [36884/14]
View answerThe provision and allocation of Garda transport is a matter for the Garda Commissioner in the light of identified operational circumstances and the availability of resources.
In that context, I am advised by the Garda authorities that an additional 16 new marked motorcycles have been allocated to the Garda Traffic Corps. I am also informed that the Garda Traffic Corps has a current allocation of 106 motorcycles.
I am advised by the Garda authorities that the replacement of Garda vehicles is reviewed on an ongoing basis in the context of operational priorities and available funding. There are currently no plans to purchase additional motorcycles in 2014.
291. Deputy Shane Ross asked the Minister for Justice and Equality her plans to implement licensing for private investigators in view of the fact that the legislation currently refers to the area in very limited terms and effectively allows for anyone to advertise their services as a private investigator, potentially putting a client or a case at risk; and if she will make a statement on the matter. [36889/14]
View answerThe Private Security Authority (PSA), established under the Private Security Services Act 2004, as amended, is the regulatory body with responsibility for regulating and licensing the private security industry in Ireland. The Authority has adopted a phased approach to the licensing of the sector and currently licenses in the region of 960 contractors and 28,000 individuals in a range of sectors including the Cash in Transit, Door Supervisor and Security Guarding sectors.
I am informed by the PSA that the Authority issued a questionnaire to the industry last year to gather information on the Private Investigator sector. Furthermore, the Authority's Strategic Plan 2014 - 2017 gives a commitment that a Regulatory Impact Assessment (RIA) on the licensing of Private Investigators will be carried out by the end of this year. Following completion of the RIA, a decision will be taken regarding licensing of the sector.
292. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of break-ins to dwelling houses in each Garda district in County Kildare in the past two years to date; those areas most affected; the extent to which the perpetrators have been successfully prosecuted; and if she will make a statement on the matter. [36916/14]
View answerThe 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.
The Deputy will be aware that An Garda Síochána pursue a range of strategies to counter crime trends, including the co-ordinated national strategy targeting burglary crime under Operation Fiacla, which has led to steady reductions in the level of burglary crimes as well as the arrest of 9,992 persons and charges being brought against 5,801 persons since it was established in early 2012.
Gardaí also continue to work closely with all communities to enhance community safety through a wide range of local fora including the Joint Policing Committees and through community based initiatives such as Community Alert and Neighbourhood Watch.
293. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when she will appoint new members to the Criminal Injuries Compensation Tribunal in order that the tribunal may more speedily assess applications. [36938/14]
View answerI wish to inform the Deputy that the Criminal Injuries Compensation Tribunal consists of a Chairperson and six ordinary members. As the Deputy may be aware, a press release issued on 9 April, 2014 seeking expressions of interest from suitably-qualified persons who wish to be considered for appointment as members of the Tribunal. The closing date for receipt of expressions of interest was 29 April, 2014.
I can further inform the Deputy that, as part of the on-going appointment process, I have considered the expressions of interest received and have in recent weeks appointed five members to the Tribunal.
294. Deputy Denis Naughten asked the Minister for Justice and Equality when the Legal Services Regulation Bill 2011 will be enacted; the current status of same; and if she will make a statement on the matter. [36943/14]
View answerReport Stage of the Legal Services Regulation Bill 2011, which commenced in the Dáil on 11th July 2014, will resume in the coming weeks. 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.
295. Deputy Dessie Ellis asked the Minister for Justice and Equality if her attention has been drawn to the fact that the departments within the Irish Naturalisation and Immigration Service dealing with requests to stay under subsidiary protection and the good to go scheme, respectively, are doing so without any co-operation resulting in applicants receiving deportation order letters which are not correct; and if she will work to end this practice which is a waste of resources as well as a source of great concern for applicants. [36978/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that in every instance where an application for subsidiary protection is lodged, this application must be concluded by way of a formal ministerial decision letter. Such decision letters are issued, on my behalf, by the INIS Ministerial Decisions Unit. This position will apply regardless of whether an application for subsidiary protection is being 'granted' or 'refused'.
There are a number of outcomes of the subsidiary protection process - refusal following the substantive consideration of the application, 'refused withdrawn' after the voluntary withdrawal of the application by the applicant or 'refused deemed withdrawn' where the applicant fails to co-operate with the process. In all such cases, the decision letter will include a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), unless there are circumstances where the applicant has a separate permission to remain in the State.
I am advised that in the cases referred to by the Deputy, leave to remain decisions have yet to be made in those cases. I am also advised that the persons concerned did not lodge applications for subsidiary protection.
Given that the persons concerned had no separate valid basis to remain in the State, and leave to remain decisions had yet to be made, the provisions of Section 3 of the Immigration Act 1999 (as amended) were applied to their cases. However, I have asked my officials in the INIS to review the wording of such decision letters.
296. Deputy Seán Kenny asked the Minister for Justice and Equality the waiting times for victims of domestic abuse seeking protection orders and their first District Court hearing; and if she will make a statement on the matter. [36982/14]
View answerI wish to advise that the information requested is currently being collated and will be forwarded directly to the Deputy.
297. Deputy Seán Kenny asked the Minister for Justice and Equality the additional services and resources she plans to provide the Dublin District Family Law Court in Dolphin House to ensure that these courts may operate and function effectively; and if she will make a statement on the matter. [36983/14]
View answerI wish to inform the Deputy that, 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; this includes the provision of services to and the management of the resources of the Dublin District Family Law Court in Dolphin House.
The position is that the Courts Service continuously works to support the judiciary and assist in so far as is possible and appropriate, within the terms of its mandate, in ensuring that cases are dealt with as effectively and as speedily as possible. Available resources and operational and organisational structures are under ongoing review to ensure that resources are targeted and focused on keeping waiting times in the provision of services to a minimum. Every effort continues to be made by the President of the District Court, in the allocation of judicial resources, to ensure that delays in the hearing of family law cases and cases involving domestic violence, in particular, are kept to a minimum. I have been assured by the Courts Service that the accommodation requirements of the Family Law District Court in Dolphin House are kept under review with a view to providing improvements in family law facilities in Dublin in the medium to long term.
As the Deputy is aware, the Programme for Government commits the Government to significant reform of the courts, including the establishment of a separate family law court structure that is streamlined, more efficient and less costly.
A consultation process was initiated with interested parties in relation to the reform of the family court system and work is underway in my Department to prepare legislative reforms to give effect to this commitment. This significant initiative, in tandem with other reforms such as the introduction of a Mediation Bill, which will promote mediation as a viable, effective and efficient alternative to court proceedings, will ensure that our family court system works efficiently and effectively to meet the modern day requirements of the system.
