Written Answers Nos. 268 - 286
268. Deputy Niall Collins asked the Minister for Justice and Equality the person currently acting as the Secretary General in her Department; the procedures that are in place to recruit the next Secretary General in the Department; the actions she has taken to address the concerns raised in the report of the independent review group on the Department of Justice and Equality; and if she will make a statement on the matter. [37765/14]
View answerMr. Noel Waters, Director General, Irish Naturalisation and Immigration Service has taken on the duties of Acting Secretary General in my Department.
In common with most appointments to the post of Secretary General, this recruitment process is being independently managed by the Top Level Appointments Committee, in accordance with established procedures.
Following the independent review of the performance, management and administration of the Department (the Toland Report), a comprehensive Programme for Change has been initiated. This includes a series of consultations with staff and agencies and development of a draft implementation plan. Considerable progress has already been made, in particular, in terms of engagement with staff. However, the key role in acting on the conclusions and recommendations in the report, and leading the fundamental changes envisaged, will fall to the new Secretary General. It will be appreciated, therefore, that the implementation plan, which I intend to publish, cannot be finalised until the new Secretary General is in place.
269. Deputy Niall Collins asked the Minister for Justice and Equality further to Parliamentary Question No. 305 of 23 September 2014, the reason she cannot provide the number of convictions each prisoner currently detained in the Irish prison system has; if these statistics are available to the Irish Prison Service; if she will provide the statistics requested in Parliamentary Question No. 305 of 23 September 2014; and if she will make a statement on the matter. [37766/14]
View answerOn the 23 September there were 3,806 persons in custody. In order to obtain the information requested the Irish Prison Service would have to trawl these 3,806 files for any previous convictions which resulted in a custodial sentence. In addition the Courts Service and An Garda Síochána records would then need to be checked for all 3,806 persons to establish if any of them had previous convictions, but where said convictions did not result in a custodial sentence.
As I advised the Deputy in my reply to question no. 305 of 23 September 2014, 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.
270. Deputy Niall Collins asked the Minister for Justice and Equality further to Parliamentary Question No. 300 of 23 September 2014, if she will provide in tabular form the precise areas where the reduction in budgets occurred within her Department; and if she will make a statement on the matter. [37767/14]
View answerThe breakdown of the reduction in budget of €15.8m in the 2014 gross current expenditure estimate is as follows:
|
Payroll |
€ |
|
Payrolls - across 30 Payroll Subheads |
4.75m |
|
Non Pay |
- |
|
Administration 2. Travel and Subsistence |
0.05m |
|
Administration 3. Training and Development & Incidental Expenses |
0.25m |
|
Administration 4. Postal & Telecommunications Services |
0.20m |
|
Administration 5. Office Equipment & External IT Services |
0.20m |
|
Administration 8. Research |
0.05m |
|
Administration 9. Financial Shared Services |
0.10m |
|
Administration 10. EU Presidency |
0.50m |
|
A.3. Irish Naturalisation and Immigration Service (INIS) |
1.30m |
|
A.4. Asylum Seekers Accommodation |
5.25m |
|
B.11. Probation Service - Operating Expenses |
0.25m |
|
C.3. Commissions and Special Inquiries |
0.70m |
|
D.6. Traveller Initiatives |
0.10m |
|
D.11. National Disability Authority |
0.10m |
|
D.14. Payments to the Promoters of Certain Charitable Lotteries (National Lottery funded) |
2.00m |
|
Total |
15.80m |
271. Deputy Niall Collins asked the Minister for Justice and Equality further to Parliamentary Question No. 295 of 23 September 2014, if she will provide her efforts to reduce anti-social behaviour on public transport services in Dublin; if she has met with senior management of An Garda Síochána about this issue; and if she will make a statement on the matter. [37768/14]
View answerThe Deputy will appreciate that, while I have no direct role in Garda strategies to tackle anti-social behaviour and criminal activity on public transport services in Dublin, I can assure the Deputy that I am in regular contact with the Acting Commissioner about all aspects of policing and community safety with a view to ensuring that our cities and towns are safe for all.
Specifically, I am informed by the Garda authorities that local Garda Management engages extensively with transport operators in the Dublin area, including with the Railway Procurement Agency, Iarnród Eireann, Dublin Bus and Transdev (the Luas operator). Each Dublin Metropolitan Region Traffic Inspector is assigned as a point of contact for the public transport operators, and a range of regional and local operations have been put in place to address issues that have arisen at specific locations. In this regard, instances of anti-social behaviour are monitored by local Garda management with the assistance of Garda Síochána Analysis Service, which results in periodic operations aimed at anti-social behaviour on and around public transport routes. I am further advised that there is effective communication with the respective control centres and that access to good quality CCTV has also been of great assistance in the investigation of complaints.
I am assured that Gardaí closely monitors patrols, and other operational strategies in place, in conjunction with crime trends and the policing needs in the areas concerned to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public. A proactive approach is taken to tackling anti-social behaviour and criminal activity including targeted operations and a high visibility priority policing presence at key locations and pertinent times. The existing excellent cooperation between Gardaí and transport operators will continue to underpin efforts to address issues of concern.
272. Deputy Niall Collins asked the Minister for Justice and Equality the position regarding 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. [37769/14]
View answerAn Garda Síochána pursue a range of strategies to tackle crime, including the coordinated national strategy targeting burglary crime, Operation Fiacla, which was introduced in early 2012 and which has led to steady reductions in the level of burglary crimes since then. I have received a recent update from the Garda authorities to the effect that, as of the end of September 2014, 10,712 persons have been arrested and charges have been brought against 6,172 persons under Operation Fiacla.
I am further advised that specific burglary related operations have been implemented in each Garda Region, in support of Operation Fiacla, to target suspect offenders, disrupt their activities and secure their attendance before the courts. The Operation is intelligence led and it optimises the use of existing resources and structures. In this regard local Garda Management closely monitors the allocation of all resources in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level, with a view to ensuring the continued impact of the Operation.
273. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the position regarding a Garda vetting application in respect of a person (details supplied) in Dublin 8; and when they can expect a decision on their case. [37784/14]
View answerI am informed by the Garda authorities that it is not possible to check the status of the application referred to in the absence of the individual's date of birth. If the Deputy will provide the additional information, I will have further enquiries made in the matter.
274. Deputy Robert Dowds asked the Minister for Justice and Equality her plans to introduce laws targeting sex buyers in order to help to end exploitation, abuse and trafficking, in view of the recommendations of the Oireachtas Committee on Justice, Defence and Equality on this matter last year; and if she will make a statement on the matter. [37795/14]
View answer284. Deputy Jerry Buttimer asked the Minister for Justice and Equality her views on the report and recommendations from the Joint Committee on Justice, Defence and Equality regarding prostitution; if she will introduce laws targeting sex buyers to end exploitation, abuse and trafficking; and if she will make a statement on the matter. [37865/14]
View answerI propose to take Questions Nos. 274 and 284 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 the Deputy is aware, prostitution raises a wide range of issues and when I have had the opportunity to complete consideration of the issues, any proposals will be brought to Government.
I would also draw attention to the existing legislative provisions 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.
275. Deputy Sandra McLellan asked the Minister for Justice and Equality when an appeal (details supplied) for family reunification will be decided upon; and if she will make a statement on the matter. [37797/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa appeal referred to by the Deputy was received in the Dublin Visa Office on 26 August 2014. The decision on the appeal has recently been notified to the applicant in question
As stated on the INIS website (www.inis.gov.ie) an appeal can take 4-6 weeks to be processed from the date of receipt in the relevant visa office.
Queries in relation to general immigration matters may be made directly to 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 INIS is, in the Deputy's view, inadequate or too long awaited.
276. Deputy Mattie McGrath asked the Minister for Justice and Equality if her attention has been drawn to the fact that Muintir na Tíre plans to make the position of national co-ordinator of community alert redundant; if this redundancy been agreed with both the Department and the programme partner, An Garda Síochána; her plans to continue funding the post of the national co-ordinator and the five regional development officers going forward; and if she will make a statement on the matter. [37800/14]
View answerIn 2014 as in previous years, my Department has provided funding to Muintir na Tire to support the operation of the Community Alert scheme. Insofar as the employment questions raised by the Deputy are concerned, however, he will appreciate that my Department does not employ staff in connection with the scheme. The arrangements for the management of the scheme will be discussed with Muintir na Tire in the context of considering the question of funding for 2015, and having regard to the views of An Garda Síochána as the partners in the programme.
277. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date of an application to upgrade from stamp 2 to stamp 4 in the case of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [37802/14]
View answerI am advised by the Naturalisation and Immigration Service (INIS) of my Department, that an application was received on behalf of the person mentioned by the Deputy on 13 June 2014 seeking to change their residency status from Stamp 2 to Stamp 4 permission to remain in the State.
As advised in our previous response of 17 September 2014, applications are dealt with in a chronological order and this Division will be in contact with the applicant in due course.
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 Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
278. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of test purchases which have been carried out nationally, including a breakdown of the number carried out in Dublin, under the Intoxicating Liquor Acts in the years 2012, 2013 and to date in 2014; and the frequency at which future test purchases under the Acts will take place for the remainder of this year and in the coming years. [37807/14]
View answerI have requested a report from the Garda authorities on the matters referred to and I will contact the Deputy directly when the report is to hand.
279. Deputy Niall Collins asked the Minister for Justice and Equality the legislative changes between the Children and Family Relationship Bill 2013 and the Children and Family Relationship Bill 2014; the rationale for these changes; and if she will make a statement on the matter. [37811/14]
View answerI assume that the Deputy is referring to the policy changes that were made to the General Scheme of the Children and Family Relationships Bill, published for consultation on 30 January 2014. As the Deputy is aware, the revised General Scheme was published on 25 September 2014, following Government approval for it to be drafted as a Bill.
In brief, the changes were made in response to recommendations of the Joint Oireachtas Committee on Justice, Defence and Equality to which the General Scheme was referred for pre-legislative scrutiny; recommendations of the Ombudsman for Children to whom the General Scheme was referred for observations; legal advice from the Attorney General and the views of relevant Government Departments.
One of the most important changes has been the inclusion of a new Part designed to safeguard the right of a donor-conceived child to know his or her identity. This change was strongly advocated by the Joint Oireachtas Committee and by the Ombudsman for Children. In addition, the General Scheme has expanded the categories of couples who may be eligible to adopt jointly. Cohabiting couples who have cohabited for three years will now be eligible to adopt jointly on the same basis as married couples. The provisions on guardianship have been also been refined.
The modified cohabitation criteria will make it easier for an unmarried father automatically to become a guardian of his child. Equally, conscious of the need to safeguard the rights of parents who are guardians, the provisions for guardianship by those other than parents have been limited largely to decisions on day-to-day matters. Finally, provisions relating to surrogacy have been removed, pending further policy analysis and the decision of the Supreme Court in a landmark case.
280. Deputy Seán Kenny asked the Minister for Justice and Equality the number of persons that were successfully prosecuted for possession of fireworks without a valid licence in the years 2012 and 2013; and if she will make a statement on the matter. [37832/14]
View answerAs the Deputy may be aware, 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 therefore requested the CSO to provide the relevant statistics directly to the Deputy.
281. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality in view of reports that Garda cycle unit members in County Wicklow are supplying their own clothing, footwear and equipment, if she will provide the necessary uniform and equipment for the Garda cycle units in the county; and if she will make a statement on the matter. [37854/14]
View answerThe provision and allocation of Garda uniforms is a matter for the Garda Commissioner.
In that context I am advised by the Garda authorities that applications for Garda mountain bike uniforms are made through local Garda management. I am further advised that all Garda members who require such uniforms and/or equipment have been issued with the appropriate items or approval has been granted for the issue of same.
282. Deputy Robert Dowds asked the Minister for Justice and Equality the circumstances in which gardaí may have access to the PULSE system; and if she will make a statement on the matter. [37856/14]
View answerI am advised by the Garda management that access rights to PULSE within An Garda Síochána are currently provided to members based on rank and role within the organisation. Access rights are controlled via an Information Technology Systems User (ITSU) access rights process.
There are currently 430 networked locations having access to the Garda IT System. These networked locations account for approx 85% of all incidents recorded on PULSE, which is complemented by the Garda Information Services Centre in Castlebar where details of incidents are phoned in by investigating members attached to networked and non-networked stations.
283. Deputy Robert Dowds asked the Minister for Justice and Equality if off duty gardaí have access to the PULSE system by mobile phone or any other means; and if she will make a statement on the matter. [37857/14]
View answerI have requested the information sought by the Deputy from the Garda authorities and will contact him directly as soon as the information is to hand.
285. Deputy Anne Ferris asked the Minister for Justice and Equality the measures that will be put in place to ensure convicted killers and violent offenders, especially those considered likely to reoffend, serve their full prison sentence instead of being granted enhanced remission; and if she will make a statement on the matter. [37896/14]
View answerThe granting of remission is a feature of many prison systems worldwide and has been a feature of the Irish criminal justice system since the foundation of the State. The Courts are aware of the statutory entitlement to remission when passing sentence. It should be noted that persons sentenced to life imprisonment for murder are not entitled to remission.
The Prison Rules 2007 provided, in addition to the standard rate of remission of one-quarter of sentence, for the possibility of enhanced remission of up to one-third of sentence where a prisoner engages in authorised structured activity intended to increase the likelihood that the prisoner, when released from prison, will be less likely to re-offend or better able to re-integrate into the community. The Prison Rules were amended in August of this year to clarify the factors which may be taken into account when considering whether or not to grant a prisoner an enhanced rate of remission. These include the nature and gravity of the offence, the period of the sentence served, the potential threat to public safety, the views, where relevant, of An Garda Síochána, and of course the prisoner's conduct as well as his or her engagement with authorised structured activities. I am strongly of the view that greater remission must be earned and the central consideration when deciding whether or not to grant enhanced remission is the extent to which prisoners are less likely to re-offend and better able to reintegrate into society.
As I indicated recently when publishing the Penal Policy Review Group Report I have no plans to increase the standard rate of remission beyond one-quarter of sentence. I have, however, asked my officials to examine further the potential for increased use of earned remission.
286. Deputy Eric Byrne asked the Minister for Justice and Equality if she will outline, in tabular form, the funding that has been advanced to the integration centre from 2005 to date in 2014; and if she will make a statement on the matter. [37892/14]
View answerI wish to advise the Deputy that the available records in my Department indicate that a payment of €11,082.25 was made to the Integration Centre between 2005 and to date in 2014.
