Written Answers Nos. 527-542
527. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress in determination of application pursuant to section 3 of the Immigration Act 1999 in the case of a person (details supplied) in County Carlow. [41869/14]
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. This decision will be made as soon as possible.
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.
528. Deputy Paul Murphy asked the Minister for Justice and Equality if she has raised the investigation of the death of a person (details supplied) with the Garda authorities; and the steps she will take to have the remaining questions raised by the person's family answered. [41901/14]
View answer547. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding a Garda investigation; and if she will make a statement on the matter. [42103/14]
View answerI propose to take Questions Nos. 528 and 547 together.
The case to which the Deputies refer is amongst those being considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case.
A panel consisting of two Senior and five Junior Counsel was established for the purpose. The counsel appointed to the panel were all selected on the basis of their experience of the criminal justice system. The review of each complaint will consist of an examination of the papers in the complaint by a counsel from the panel. Following the review of each complaint a recommendation will be made to me as Minister as to whether any further action is desirable and could practicably be taken.
529. Deputy Robert Dowds asked the Minister for Justice and Equality the number of reports received by the Garda of bicycles stolen from the car park at the Red Cow Luas stop in the years 2010 to 2013, inclusive, and to date in 2014. [41907/14]
View answer530. Deputy Robert Dowds asked the Minister for Justice and Equality the number of reports received by the Garda of items stolen from parked cars in the car park at the Red Cow Luas stop in the years 2010 to 2013, inclusive, and to date in 2014. [41908/14]
View answer531. Deputy Robert Dowds asked the Minister for Justice and Equality the number of thefts reported at the Luas Red Cow car park in the years 2010 to 2013, inclusive, and to date in 2014. [41909/14]
View answerI propose to take Questions Nos. 529 to 531, inclusive, together.
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 available statistics directly to the Deputy. I have also requested a report from the Garda authorities on any incidents that may have occurred at the specific location referred to by the Deputy and I will contact him directly when the report is to hand.
532. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding justice for a person. [41918/14]
View answerThe case to which the Deputy refers is amongst those being considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case.
A panel consisting of two Senior and five Junior Counsel was established for the purpose. The counsel appointed to the panel were all selected on the basis of their experience of the criminal justice system. The review of each complaint will consist of an examination of the papers in the complaint by a counsel from the panel. Following the review of each complaint a recommendation will be made to me as Minister as to whether any further action is desirable and could practicably be taken.
534. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the number of prisoners currently on temporary release broken down by prison; the type of offence the prisoner was convicted of; and if she will make a statement on the matter. [41955/14]
View answerThe information requested by the Deputy is set out in the tables below.
On 3rd November 2014 there were 608 prisoners (13.3%) on temporary release across the prison system. This included 159 prisoners who were serving less than 3 months solely for the non-payment of a Court ordered fine and 208 prisoners who were on structured temporary release programmes such as the community return Programme or Community Support Scheme.
The legislative basis for making decisions on temporary release are fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.
A prisoner may apply through the prison Governor for consideration for temporary release for family reasons. Their family or their legal representative can also apply for consideration of such a concession. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation made by the prison authorities and/or therapeutic services is to that effect. Each application is considered on its individual merits and a number of factors are taken into account when making a decision on whether to grant temporary release including:
- the nature and gravity of the offence to which the sentence being served by the person relates;
- the sentence concerned and any recommendation made by the Court in relation to the sentence imposed;
- the period of the sentence served by the person;
- the potential threat to the safety and security of the public should the person be released;
- the person's previous criminal record;
- the risk of the person failing to return to prison at the expiration of the period of temporary release;
- the conduct of the person while in custody or while previously on temporary release;
- any report or recommendation made by the Governor, the Garda Síochána, a Probation & Welfare Officer, or any other person whom the Minister considers may be of assistance in coming to a decision as to whether to grant temporary release;
- the risk that the person might commit an offence during any period of temporary release;
- the risk of the person failing to comply with any of the conditions of temporary release;
- the likelihood that a period of temporary release might accelerate the person's reintegration into society or improve his prospects of obtaining employment.
The Deputy will be aware that the Irish Prison Service Three Year Strategic Plan 2012-2015 and the Joint Prison Service/Probation Service Strategic Plan 2013-2015 includes commitments to ensure that all prisoners released early from custody are placed on appropriate structured programme of temporary release.
The Community Return Scheme is an initiative whereby carefully selected prisoners, serving sentences between 1 year and 8 years, can be granted reviewable temporary release coupled with a requirement to do community service work such as painting, gardening or graffiti removal in a supervised group setting. The type of work involved is intended to assist the community and the scheme is involved with a large number of charitable organisations and local community groups.
In addition to Community Return, a community Support Scheme has also been set reduce the current recidivism rates of short term prisoners by arranging for additional support structures and provide for a more structured form of temporary release.
Table 1. Breakdown by Establishment
|
Establishment |
Total |
|
Castlerea Prison |
38 |
|
Cloverhill Remand Prison |
22 |
|
Cork Prison |
123 |
|
Limerick Prison |
85 |
|
Loughan House Place Of Detn. |
20 |
|
Midlands Prison |
52 |
|
Mountjoy Prison ( Female) |
43 |
|
Mountjoy Prison ( Male ) |
123 |
|
Portlaoise Prison |
4 |
|
Shelton Abbey Place Of Detn. |
5 |
|
St. Patrick's Institution |
1 |
|
Training Unit Place Of Detn. |
26 |
|
Wheatfield Place of Detention |
66 |
|
Total |
608 |
Table 2. Breakdown by Offence Group
|
Offence Group Description |
Total |
|
Homicide Offences |
3 |
|
Sexual Offences |
1 |
|
Attempts/Threat to Murder, Assaults, Harassments and Related Offences |
69 |
|
Dangerous or Negligent Acts |
18 |
|
Robbery, Extortion and Hijacking Offences |
16 |
|
Burglary and Related Offences |
27 |
|
Theft and Related Offences |
102 |
|
Fraud, Deception and Related Offences |
17 |
|
Controlled Drug Offences |
173 |
|
Weapons and Explosives Offences |
11 |
|
Damage to Property and the Environment |
19 |
|
Public Order and Social Code Offences |
27 |
|
Road and Traffic Offences |
91 |
|
Offences re Government, Justice Procedures and Organisation of Crime |
20 |
|
Offences Not Elsewhere Classified |
14 |
|
Total |
608 |
535. Deputy Niall Collins asked the Minister for Justice and Equality the total prison population; the number of prisoners in tabular form, broken down by prison; the capacity of each prison within the State; the percentage occupation of each prison; and if she will make a statement on the matter. [41956/14]
View answerI can inform the Deputy that on 31 October , 2014, there were 3,775 prisoners in custody as compared to a bed capacity of 4,120. This represents an occupancy level of 92%. A full breakdown to include, capacity, number in custody and percentage of bed capacity is set out in the following table.
|
Institution |
Bed Capacity |
Number in Custody |
% of Bed Capacity |
|
Mountjoy Campus |
|||
|
Mountjoy (M) |
548 |
541 |
99% |
|
Mountjoy (F) |
105 |
114 |
109% |
|
Training Unit |
96 |
80 |
83% |
|
St Patrick’s |
34 |
8 |
24% |
|
West Dublin Campus |
|||
|
Cloverhill |
431 |
401 |
93% |
|
Wheatfield |
550 |
484 |
88% |
|
Portlaoise Campus |
|||
|
Midlands |
870 |
791 |
91% |
|
Portlaoise |
291 |
229 |
79% |
|
Cork |
210 |
219 |
104% |
|
Limerick (M) |
220 |
216 |
98% |
|
Limerick (F) |
28 |
24 |
86% |
|
Castlerea |
340 |
314 |
92% |
|
Arbour Hill |
142 |
141 |
99% |
|
Loughan House |
140 |
109 |
78% |
|
Shelton Abbey |
115 |
104 |
90% |
|
Totals |
4,120 |
3,775 |
92% |
As outlined in the Irish Prison Service Three Year Strategic Plan, it is intended to align the capacity of our prisons with the guidelines laid down by the Inspector of Prisons, in so far as this is compatible with public safety and the integrity of the criminal justice system. This has been completed for 9 out of the 14 prisons in the State. The number in custody on 31st October (3,775) represented 95% of the Inspector of Prisons recommended total of 3,976.
The Deputy will be aware that the average number of prisoners in custody in Ireland rose from 3,321 during 2007 to 4,318 during 2012, an increase of over 30%. Likewise the total number of committals to prison also rose sharply during the same period, from 11,934 in 2007 to 17,026 in 2012 – an increase of over 43%.
2013 saw the first significant decrease in prison numbers since 2007. There were 15,735 committals to prison in 2013 which was a decrease of 7.6% on the 2012 figure. The overall daily average number of prisoners in custody has also dropped in recent years. The average number in custody from January to the end of October 2014 was 3,958 a reduction of 9.8% on the 2011 average of 4,390.
The Deputy may wish to note that the number in custody reached a peak of 4,621 on 23rd February 2011. Today there are 861 less prisoners in custody which is a decrease of almost 19%.
536. Deputy Niall Collins asked the Minister for Justice and Equality the number of outstanding warrants nationwide on PULSE as of this date; if she will provide a breakdown by bench, penal and committal warrants of those outstanding; if she will list in tabular form the year they were issued; the number of outstanding warrants by type in each Garda district; and if she will make a statement on the matter. [41957/14]
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.
537. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide the most up-to-date statistics on recidivism here; and if she will make a statement on the matter. [41958/14]
View answerThe Central Statistics Office (CSO) in partnership with the Irish Prison Service published the Prison Recidivism study in May 2013. The report is a study of recidivism among all prisoners released by the Irish Prison Service on completion of a sentence in 2007 based on re-offending and reconviction data up to the end of 2010. It extends to where the new offence does not necessarily lead to a period of imprisonment and gives a clearer picture of the offending behaviour of ex-prisoners.
In December 2013, the CSO published the Recidivism Study for the 2008 releases cohort of prisoners. This study also included revised figures for the 2007 cohort. It reported on recidivism among 5,489 offenders released by the Irish Prison Service on completion of a sentence in 2008 based on re-offending and reconviction data up to the end of 2011.
The CSO has also published two recidivism reports using data on offenders who had been given probation supervision or community service in 2007 and 2008. The studies consider variations in recidivism as they relate to the type of original sanction imposed, gender and age of offenders, category of offence and subsequent re-offence. All of these reports are available on my Department's website at www. justice.ie.
The next recidivism studies will be published in 2015. The publication of these studies will allow the Irish Prison Service and the Probation Service access to a comprehensive bank of data in relation to the rate of recidivism among ex-prisoners and offenders. This will help to inform future policy on the management of offenders and will facilitate the formulation of new strategies aimed at reducing recidivism.
538. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the staff numbers in the Irish Prison Service from 2011 to date in 2014; the resources allocated to the Irish Prison Service in those years from her Department; the projected allocation in 2015; and if she will make a statement on the matter. [41959/14]
View answerThe staff numbers in the Irish Prison Service from 2011 to date in 2014 are as follows:
|
Year |
Total Staff Numbers |
|
31st Dec 2011 |
3,489 |
|
31st Dec 2012 |
3,433 |
|
31st Dec 2013 |
3,432 |
|
31st Dec 2014 |
3,390 |
The financial resources allocated to the Irish Prison Service for the years 2011 - 2014 were as follows:
|
Year |
€ |
|
2011 |
329,211,000 |
|
2012 |
317,815,000 |
|
2013 |
311,391,000 |
|
2014 |
308,545,000 |
As the Deputy will be aware in recent years the Irish Prison Service budget has faced increasing pressure from specific cuts, including Haddington Road Agreement, and general cuts across the board. Recognising the economic environment they were facing, decisive action was taken by Irish Prison Service management to reduce, as far as possible, discretionary spend, implement cost cutting measures and deliver efficiencies.
The financial resources allocated to the Irish Prison Services were required for;
- Salaries and other staff related costs
- Prisoner services including catering costs, education and work and training
- Provision of ICT services and development of new software solutions to assist in the management of prisoners
- Maintenance and upkeep of the prison estate
- Utilities including electricity, gas and water charges
- Compensation costs
- Other operational expenses including running costs associated with the provision of escort services to courts and hospitals
- Funding of capital projects including the refurbishment of Mountjoy prison, provision of new work training facilities, completion of the new accommodation block in Midlands prison and the commencement of the new Cork prison.
The projected allocation for 2015 is €309,768,000.
539. Deputy Niall Collins asked the Minister for Justice and Equality further to Parliamentary Question Nos. 305 of 23 September 2014 and 269 of 7 October 2014, the number of convictions each prisoner currently detained in the Irish prison system has; the reason these statistics are not available to the Irish Prison Service; if she will provide the statistics requested in Parliamentary Questions Nos. 305 of 23 September 2014 and 269 of 7 October 2014; and if she will make a statement on the matter. [41960/14]
View answerI refer the Deputy to my reply to Question No. 305 of the 23 September 2014 and Question No 269 of the 7th October 2014. As I outlined to the deputy in these responses the information requested by the Deputy is not readily available. The compilation of these statistics would require a disproportionate and inordinate amount of time and effort to prepare and could not be justified in current circumstance where there are other significant demands on resources. Therefore the position remains unchanged.
540. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the number of successful applications for personal insolvency arrangements, debt settlement arrangements and debt relief notices per year since the coming into force of the Personal Insolvency Act 2012; if she will provide the number of applications refused for same; and if she will make a statement on the matter. [41961/14]
View answerAs the Deputy is aware, the Insolvency Service of Ireland (ISI) releases its statistics on a quarterly basis and the most up to date figures reflecting Quarter 3 of 2014 are published on the ISI’s website www.isi.gov.ie. As set out in the ISI’s Quarter 3 Statistical Report, the number of cases as at end September 2014 was as follows;
310 Debt Solution Arrangements have been approved in the year to date, comprising:
- 172 Debt Relief Notices,
- 8 Debt Settlement Arrangements,
- 80 Personal Insolvency Arrangements.
In the Q3 Statistical Report, (at pages 7 & 8) there is an analysis of the outcome of Protective Certificates issued to date and the extent to which creditors have supported proposals made by Personal Insolvency Practitioners is outlined. It is encouraging that three out of four cases are supported by creditors.
The ISI is launching a number of initiatives this autumn through its ‘Back on Track’ campaign, including the temporary waiving of application fees until the end of 2015. Through these initiatives, activity levels are expected to increase significantly over the coming months.
541. Deputy Niall Collins asked the Minister for Justice and Equality the current waiting time experienced in applying to be heard in the High Court and Supreme Court; the number of cases pending in these courts; and if she will make a statement on the matter. [41962/14]
View answerAs the Deputy will be aware, the Courts Service is responsible for the management and administration of the Courts. The scheduling of court cases and the allocation of court business is a matter for the Presidents of the courts and the presiding judge who are under the Constitution independent in the exercise of their judicial functions. The Presidents monitor waiting times across all courts lists and seek to ensure the optimum use of court time. The Deputy may wish to refer to Section 6 of the Courts Service Annual Report for 2013 which sets out details on waiting times across the various court jurisdictions, including the Supreme and High Courts.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the primary objective for the Service is to maintain the delivery of front line court sittings and services. The Courts Service continuously works to support the judiciary and assist 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 focussed on keeping waiting times in the provision of services to a minimum.
In respect of waiting times in the Supreme Court, I am informed that the appointment of the two additional judges halted the increase in the waiting times for the hearing of cases in that Court even with an increase in appeals being lodged. Waiting times stabilised at 48 months for general cases and 11 months for the priority list.
Remedial actions were taken to reduce the number of uncertified cases to be heard. A total of 563 appeals were disposed of by the Supreme Court up to 30 September this year in its continuing programme of managing uncertified appeals. In the year to 30 September 2014 there was a 7.5% increase in new appeals lodged and a 223% increase in the number of appeals disposed of when compared with the same period in 2013.
Despite the significant number of appeals disposed of, at the end of September, it is estimated that there is still in excess of 1,000 uncertified appeals where the appellant has not taken the necessary steps, as yet, to certify the appeal as being ready to be heard.
The new Court of Appeal was established on 28 October 2014 and the Article 64 direction given by the Chief Justice on 29th October transferred 258 certified appeals to the Court of Appeal. This will impact positively on waiting times for individual appeals but it is too early to determine the effect it will have on average waiting times for hearings in the Supreme Court.
The Courts Service does not maintain statistics on the number of cases pending in the High Court as the number of cases set down for trial in any list of the High Court does not equate to the number of cases ready and waiting for trial. However, the level of delays in the High Court is very low across almost all lists. In general, waiting times vary from 1 to 5 months except in relation to Asylum cases where the delay is currently over 2 years and also in regard to the hearing of Personal Injury cases in Cork where the waiting time is just under 2 years. Waiting times in the Central Criminal Court are 17 months at present.
I have been informed that additional High Court sittings were held during August and September with a view to maintaining the improvements made in waiting times in recent years. During this period, the High Court dealt with bail lists on one or two days each week and sat each day and during several weekends to hear matters arising of an urgent nature.
The ongoing delegation to court officials of administrative functions previously dealt with by the High Court judges has also yielded significant savings in judicial times resulting in increased judicial availability for trial work. The re-organisation of sittings of the High Court outside Dublin by the President of the High Court also continues to achieve efficiencies in the use of judicial time.
542. Deputy Niall Collins asked the Minister for Justice and Equality the current vacancies in senior Garda posts; when she will fill these posts; and if she will make a statement on the matter. [41964/14]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of personnel among the Garda Regions, Divisions and Districts, the various Garda national units and of course Garda Headquarters. 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. This necessary ongoing flexibility in the distribution of personnel means that it is not feasible to identify specific vacancies within specific areas of the force.
At a national level, sanction has been given by the Department of Public Expenditure and Reform for a maximum strength in each rank. The agreed strengths for ranks above Garda rank are given in the table, together with current actual strength (as of the end of August 2014). Where current actual strength is below the approved maximum strength, it is the Garda Commissioner who will make the necessary arrangements to have the balance of posts filled through promotion competitions.
|
Rank |
Actual strength |
Approved max. strength |
|
*COMMISSIONER |
1 |
1 |
|
**D/COMMISSIONER |
0 |
2 |
|
A/COMMISSIONER |
8 |
8 |
|
C/SUPERINTENDENT |
41 |
45 |
|
SUPERINTENDENT |
140 |
166 |
|
INSPECTOR |
300 |
300 |
|
SERGEANT |
1,946 |
2,000 |
* acting Commissioner
**D/Commissioner is Acting Commissioner
