Tuesday, 4 Nov 2014

Written Answers Nos. 543-561

Anti-Social Behaviour

Questions (543)

Niall Collins

Question:

543. Deputy Niall Collins asked the Minister for Justice and Equality the actions being taken to address the anti-social behaviour difficulties currently being experienced in Dublin city centre; her plans to provide more gardaí to address these difficulties; if she will provide in tabular form the number of gardaí stationed in Dublin city centre stations from 2009 to date in 2014; if she will provide the same information for the Dublin metropolitan area broken down by station; and if she will make a statement on the matter. [41965/14]

Written answers

Minister for Justice and Equality

I do of course appreciate the issues of concern which the Deputy has raised and would draw his attention to the Dublin City Centre Policing Plan which has been operational since June 2013. Garda actions under the Plan include dedicated high visibility patrols in key commercial and public thoroughfares. These patrols are informed by crime trends, demand studies and footfall in the areas in question. I am also aware that An Garda Síochána engages extensively with business and community interests in the city centre area with respect to crime prevention, enforcement and policing concerns.

The Garda approach includes focusing resources on specific areas of the city according to need. As part of this, a number of targeted city centre policing operations are in place.

These operations include Operation Pier, which concentrates on the South Quays and Temple Bar area. This operation includes the designation of certain areas as "hotspots" for anti-social behaviour and regular uniformed and plain clothes patrols. Other Garda Operations in the city centre include Operation Spire which is focused on the O’Connell Street and North Inner City areas, and Operation Stilts which is an ongoing overt policing operation targeting anti-social behaviour and drug-related crime in Dublin city centre locations.

Gardaí have increased their activity in targeting the supply of illegal drugs in the area, with increased numbers of drug seizures and searches. According to the provisional statistics from the Garda Síochána Analysis Service for the first nine months of the year, the total number of drug searches has increased by 5% in the North Central division and by 24% in the South Central division. I also wish to acknowledge the work of An Garda Síochána, including work with the entertainment and night-time sector, in seeking to address problems of disorder associated with the abuse of alcohol. Significant Garda resources are being deployed to support this effort, with a dedicated public order patrol van assigned to the city centre every Friday and Saturday night.

As a result of these efforts, the latest provisional statistics collated by the Garda Síochána Analysis Service for the first nine months of the year show a positive trend. Public order offences are down 7% in the South Central Garda division and down 19% in the North Central division.

We should not rely solely on statistics, but neither should we allow high-profile reports of individual incidents to cast our city in an unfairly negative light. What is most important is the first hand, day-to-day experiences of shoppers, visitors residents and workers, who should feel safe in the city centre at all hours. I acknowledge that challenges remain to be addressed but I am confident that the ongoing efforts of the Garda and others will make a positive difference.

I am conscious of the perspectives of business and community interests about the effects of certain types of crime and anti-social behaviour on the environment for business and leisure and on the overall quality of life for residents. Some of the problems faced are linked to disorder associated with abuse of alcohol and An Garda Síochána work closely with a wide range of businesses involved in the entertainment and night-time economy to address these issues so that people can enjoy themselves without concern for their welfare.

Other challenges have their origin in even more complex social phenomena which go well beyond the capacity of criminal justice agencies to address on their own. Dealing with these matters requires a coordinated approach from state agencies involved in social, housing, health and drug treatment services, as well as through partnership with business, community and voluntary groups. An Garda Síochána is already a long term partner in a range of local consultative and representative structures in Dublin and elsewhere. I am considering how we can step up this cooperation with a view to developing collaborative solutions to the range of issues which affect policing and the overall quality of the environment in our urban centres, and I intend to engage further with the Garda authorities in that regard.

As the Deputy will appreciate, the Garda Commissioner is responsible for the deployment of Garda personnel and Garda operations in tackling crime and anti-social behaviour in Dublin city centre. From my discussions with the Garda authorities I am assured that Garda management in the Dublin Metropolitan Region keep this deployment under continuing review in the context of crime trends and policing priorities, including with respect to concerns about public order and anti-social behaviour, so as to ensure that the best possible use is made of policing resources.

The Deputy will be aware that the first intake since 2009 of 100 new recruits entered training at the Garda College in Templemore on 15th September 2014. Furthermore, Budget 2015 provided for the recruitment of another 200 new Gardaí in the coming months. I am assured that when these additional personnel become available the needs of the DMR North and South Central will be fully considered within the overall context of the needs of Garda Divisions throughout the country. It is my intention that there will be ongoing recruitment and I am discussing the details of this with my colleague the Minister for Public Expenditure and Reform.

I am informed by the Garda authorities that the following tables show the staffing complement in relation to the Dublin Metropolitan Division (DMR) North and South Central Divisions for the years 2009 to 2013 and in 2014, up to 31 August.

DMR North Central

Station	2014 (up to 31 August)	2013	2012	2011	2010	2009
Bridewell	166	168	174	167	178	178
Fitzgibbon St*				113	115	122
Mountjoy*				100	100	107
Fitzgibbon St /Mountjoy*	193	197	207
Store Street	249	256	268	274	291	303

*Merged for building works

DMR South Central

Station	2014 (up to 31 August)	2013	2012	2011	2010	2009
Donnybrook	119	120	119	122	131	129
Irishtown	48	49	50	52	55	59
Kevin Street	123	135	143	153	156	152
Kilmainham	74	79	78	74	83	86
Pearse Street	289	303	310	255	266	268
Harcourt Tce*				79	80	82

*Closed in 2012

In addition, to the ongoing recommenced recruitment, I am currently progressing measures to civilianise certain immigration functions with a view to freeing up Gardaí for front-line policing duties.

Property Registration Authority

Questions (544)

Michael Healy-Rae

Question:

544. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding a dealing registration in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [41984/14]

Written answers

Minister for Justice and Equality

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.

Closed-Circuit Television Systems Provision

Questions (545)

Martin Heydon

Question:

545. Deputy Martin Heydon asked the Minister for Justice and Equality the funding available for communities wishing to install CCTV systems in local towns and villages; if this funding will be applied towards mobile CCTV units; and if she will make a statement on the matter. [42038/14]

Written answers

Minister for Justice and Equality

The community-based CCTV Scheme was launched in 2005 to provide financial assistance to qualifying local organisations towards meeting the capital costs associated with the establishment of a local community CCTV system. To date two major rounds of funding have been advertised, in 2005/6 and 2007 seeking applications from interested groups.

The current position is that all available funding provided under the previous two rounds has been fully allocated and there are currently no plans to further extend the Scheme. However, the matter will continue to be kept under review in the context of overall policy considerations and the availability of funding.

Immigration Status

Questions (546)

Bernard Durkan

Question:

546. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of an application pursuant to the provisions of section 3(11) of the Immigration Act 1999, as amended, in the case of a person (details supplied) in Dublin 1; and if she will make a statement on the matter. [42076/14]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 12th November 2008. The person concerned has been evading deportation since 2nd December 2008 and, as such, is liable to arrest and detention for the purposes of having the Deportation Order enforced. The person concerned should, therefore, 'present' to the Garda National Immigration Bureau without further delay.

Representations were received from the persons' legal representative, pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Orders remain valid and in place.

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. 547 answered with Question No. 528.

Road Traffic Accidents Data

Questions (548)

Brendan Griffin

Question:

548. Deputy Brendan Griffin asked the Minister for Justice and Equality the number of road traffic accidents involving vintage vehicles reported in the past five years; of these, the number that were caused by any defects in the condition of the vintage vehicle; and if she will make a statement on the matter. [42177/14]

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.

Garda Investigations

Questions (549)

Bernard Durkan

Question:

549. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an investigation (details supplied) in County Meath; her plans to address this issue as a matter of urgency; the further steps warranted and proposed in this regard; and if she will make a statement on the matter. [42191/14]

Written answers

Minister for Justice and Equality

I have requested an urgent report from the Garda authorities on the specific concerns referred to by the Deputy and I will contact him directly when the report is to hand.

Garda Misconduct Allegations

Questions (550)

Finian McGrath

Question:

550. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding a criminal investigation; and if she will make a statement on the matter. [42198/14]

Written answers

Minister for Justice and Equality

The questions raised in the correspondence referred to by the Deputy relate to Garda operational matters and are the responsibility of the Garda Commissioner. I have no function in this regard and accordingly it would not be appropriate for me to comment.

I can however advise the Deputy that the particular case to which the correspondence 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.

Proposed Legislation

Questions (551)

Patrick O'Donovan

Question:

551. Deputy Patrick O'Donovan asked the Minister for Justice and Equality her views on the Oireachtas Joint Committee on Justice, Defence and Equality's deliberations into trafficking of persons for prostitution and sexual exploitation; her plans to bring forward legislation on the matter; and when she expects legislation to be brought forward. [42212/14]

Written answers

Minister for Justice and Equality

As the Deputy is aware, there is an ongoing debate as to the approach to be adopted in tackling the exploitation associated with prostitution. There are a wide range of issues involved which require consideration and any proposals will be brought to Government in the usual way.

In terms of the trafficking of persons for prostitution and sexual exploitation, I would draw the Deputy's 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. It is also an offence for a person to solicit or importune a trafficked person for the purposes of prostitution with a potential penalty of imprisonment for up to 5 years and / or 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.

Penal Policy Review Group Report

Questions (552, 553)

Niall Collins

Question:

552. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the actions she has taken for each recommendation contained in the strategic review of penal policy final report published in July 2014; and if she will make a statement on the matter. [42224/14]

Niall Collins

Question:

553. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the actions she has taken for each recommendation contained in the report on penal reform published by the Houses of the Oireachtas Joint Committee on Justice, Defence and Equality in March 2013; and if she will make a statement on the matter. [42225/14]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 552 and 553 together.

The Penal Policy Review Group was established in September 2012 to undertake an examination and analysis of all aspects of penal policy including the role of penal policy in crime prevention, sentencing policy, alternatives to custody, prison accommodation and regimes, supports for reintegration and rehabilitation, and the issue of female offenders.

The Group was also asked to consider the recommendations contained in the Report of the Joint Oireachtas Committee on Justice, Defence and Equality published in March, 2013.

I published the Final Report of the Penal Policy Review Group on 17 September, 2014. There is, I believe, much in common between both reports. There has been considerable progress in recent years but there remains much to be done, and both reports recognise that.

The Report of the Penal Policy Review Group contains 43 recommendations, some of which can be implemented in the short to medium term, while others will require a more long term approach. As an initial step, I am bringing proposals to Government in this regard and will make an announcement shortly.

HSE Complaints Procedures

Questions (554)

James Bannon

Question:

554. Deputy James Bannon asked the Minister for Children and Youth Affairs the reasons an investigation by the Health Service Executive that was commenced against a person (details supplied) in County Longford has not yet been completed; and if he will make a statement on the matter. [41055/14]

Written answers

Minister for Children and Youth Affairs

As the Deputy may appreciate, I will be limited in my response as it is not customary to comment on individual cases. I have been informed by Tusla, the Child and Family Agency, that earlier this year correspondence was received from the person referred to by the Deputy. This correspondence referred to issues that had previously been the subject of a substantive reply from the HSE, which was responsible for the services at the time.

I understand that a meeting has been arranged by senior management in the Agency with the person named by the Deputy to clarify the issues raised in the most recent correspondence and to discuss options which may be available to progress matters further. The Agency has indicated that information has been provided on the options which are available to pursue complaints. These options include Your Service Your Say, the current complaints policy of the Agency, and the independent review mechanisms such as those accessible through the Office of the Ombudsman or the Office of the Ombudsman for Children.

School Attendance Data

Questions (555)

Jonathan O'Brien

Question:

555. Deputy Jonathan O'Brien asked the Minister for Children and Youth Affairs the number of children under age 15 who have left the school system during each of the past five years who were not on the register of children receiving education in a recognised school. [41501/14]

Written answers

Minister for Children and Youth Affairs

The recognition of schools is a matter for my colleague, the Minister for Education and Skills under the Education Act 1998.

The Child and Family Agency, established in 2014 under the aegis of my Department, has statutory responsibility to ensure that each child attends a recognised school or otherwise receives a certain minimum education.

The Child and Family Agency maintains a register of those children in receipt of an education in a place other than a recognised school. In the main, these are children who are being home-schooled or registered in an independent school. I am advised that there were 8234 children registered as being in receipt of education in such schools at the end of 2013, while 897 children from 663 families were registered as being home-educated at that date.

Information is not maintained by the Agency on the numbers of children who are attending recognised schools or the number of children under age 15 who have left the school system and who had been attending a recognised school under the Education Act, 1998.

The Educational Welfare Service of the Child and Family Agency is a statutory service supporting regular school attendance for all school age children and young people. Where school attendance problems arise for a child, the Agency concentrates on finding solutions within a collaborative intervention framework involving children and their families, schools and other relevant agencies. This work of the Educational Welfare Service falls into two key categories, namely the provision of a brief intervention designed to resolve a school attendance issue with a child before it escalates or the provision of intensive intervention, where problems of poor school attendance are manifestation of more complex and deep rooted issues for the child and his family which require significant time and on-going support from the Educational Welfare Officer to ensure progress. I am advised that more than 17,000 brief interventions were provided to children in 2013, while more than 2,400 children received an intensive intervention.

Early Childhood Care and Education

Questions (556)

Stephen Donnelly

Question:

556. Deputy Stephen S. Donnelly asked the Minister for Children and Youth Affairs if his attention has been drawn to child care providers that have yet to be paid for their participation in the ECCE scheme for Q3 2014 and that, in the absence of these payments, that these providers have to cover the full costs of this service themselves; and if he will make a statement on the matter. [41617/14]

Written answers

Minister for Children and Youth Affairs

The Early Childhood Care and Education (ECCE) programme is implemented by my Department and provides a free preschool year to all children before they commence primary school.

An advance payment is made to participating child care providers at the end of August each year and is based on the number of children which were enrolled in that service for the free preschool provision in the previous academic year. This payment provides for the first 8 weeks of the new school year. In the case of new participants in the programme, a similar advance payment is made but in respect of 3 children. There is provision under the programme to make an additional advance payment if a provider has a significant higher number than that provided for in the initial advance payment.

Following the submission of the annual parental returns detailing the number of eligible children enrolled in each service, a further payment is made in October which ensures that all providers are funded for all children enrolled for the period up until the first week of December. Advance payments continue to made over the remaining terms of the school year.

Where child care providers are in contract with my Department to provide the free preschool year and have satisfied the terms and conditions of the programme, payments issue in accordance with the draft payment schedule which is published on the Department's website at the beginning of each school year. In the current academic year, child care providers have been paid on time other than in specific cases where, for example, an up to date tax clearance certificate is not provided or where bank details or some other information is not submitted.

There are in the region of 4,200 child care providers participating in the programme and providing the free preschool provision to approximately 68,000 children each year. This programme represents an annual investment of almost €175 million paid directly to child care providers. The Department has implemented the ECCE programme in a way that ensures that all providers who meet the contractual obligations of the programme are paid in advance of the service being provided.

The new Programmes Implementation Platform (PIP), which is currently being introduced, is expected to further streamline the payment process for all of the child care support programmes implemented by this Department.

Mother and Baby Homes Inquiries

Questions (557)

Michael P. Kitt

Question:

557. Deputy Michael P. Kitt asked the Minister for Children and Youth Affairs if he will indicate the period for which a person (details supplied) in County Galway was resident in the Tuam mother and baby home; the records available pertaining to the person's residency in that institution; and if he will make a statement on the matter. [41928/14]

Written answers

Minister for Children and Youth Affairs

Records in relation to St. Mary's Children's Home, Dublin Road, Tuam, County Galway are currently held by the Child and Family Agency. Inquiries in relation to these records can be made to the Child and Family Agency, Adoption Services, HR Building, Merlin Park, Galway or Tel: [phone].

Home Schooling

Questions (558)

Robert Dowds

Question:

558. Deputy Robert Dowds asked the Minister for Children and Youth Affairs the steps parents are required to take if they wish to home-school their children who are of primary school age. [42095/14]

Written answers

Minister for Children and Youth Affairs

Section 14 (2) of the Education (Welfare) Act 2000 provides: ‘Where a parent chooses to educate, or to have educated, his or her child in a place other than a recognised school he or she shall, in accordance with this section, apply to the Child and Family Agency to have the child concerned registered in the register’. The Child and Family Agency has a statutory obligation to maintain a register of all children in receipt of education in a place other than a recognised school.

The steps in the registration process involve the parent completing a home education application form, to be sent to the Child and Family Agency, to have their child included on the register. On receipt of the application form, the Agency will carry out a preliminary assessment, and if necessary a further comprehensive assessment, to determine whether the child is in receipt of a certain minimum education. Assessments are carried out by authorised persons appointed by the Agency. When the Agency is satisfied that the child concerned is receiving a certain minimum education, it shall register the child in the register.

Any parent choosing to educate their child at home should make contact with the Child and Family Agency, 16 - 22 Green Street, Dublin 7 or www.tusla.ie.

Child Care Qualifications

Questions (559)

Michelle Mulherin

Question:

559. Deputy Michelle Mulherin asked the Minister for Children and Youth Affairs the number of early childhood care and education teachers who hold a two-year diploma in Montessori education who are paid the higher capitation rate of €73 per child per week; and if he will make a statement on the matter. [41044/14]

Written answers

Minister for Children and Youth Affairs

The Early Childhood Care and Education (ECCE) programme introduced the first-ever requirement for minimum qualifications for staff working in the child care sector. Prior to the introduction of the programme in January 2010 there was no requirement for staff working directly with children in preschool services to hold any education qualification.

It is a requirement of the ECCE programme that preschool year leaders in services participating in the programme, and who are receiving the standard capitation, hold a qualification in child care which is equivalent to Level 5 on the National Framework of Qualifications of Ireland (NFQ). A higher capitation rate is available to services participating in the ECCE programme in which all of the preschool leaders hold an appropriate qualification at a minimum of Level 7 and preschool assistants hold a Level 5 on the NFQ.

As part of the Early Years Quality Agenda, new qualification requirements for child care workers are being introduced. All staff caring for children in an early years service will be subject to a minimum qualification requirement of Level 5, while preschool leaders delivering the ECCE programme will require a Level 6 qualification. These requirements will come into effect from September 2015 for existing services.

Figures compiled this year by my Department indicate that approximately 24% of the 4,300 services participating in the ECCE programme are in receipt of the higher capitation rate. This means that at least one member of staff in the qualifying child care service holds an appropriate qualification at Level 7 or higher and the service fulfils the other relevant criteria. My Department is not currently in a position to give a breakdown of the awarding authorities in these cases.

Child Care Services Funding

Questions (560)

Stephen Donnelly

Question:

560. Deputy Stephen S. Donnelly asked the Minister for Children and Youth Affairs if he will expedite the appeal of a centre (details supplied) in County Wicklow in respect of the early years capital grants programme 2014; and if he will ensure that funds awarded will be available above and beyond the current calendar year for the required works. [41185/14]

Written answers

Minister for Children and Youth Affairs

Capital funding of €2.5 million is being provided in the current year under the Childcare Capital 2014 programme for the maintenance and upgrade of community/not-for-profit child care services. The objective of this funding is to ensure that previously-funded community facilities remain fit-for-purpose, maintain and improve quality, and to make community services more efficient and sustainable through improving the energy rating of these facilities. The closing date for applications for grants under this programme, which is being administered by Pobal on behalf of my Department, was the 7th May 2014. The service in question applied for a capital grant but was turned down. Following an appeal by the service, the case was re-examined and a recommendation made by Pobal to the Department on 14 October. My Department has now responded to Pobal and the service notified of the outcome of their case.

While funds should normally be drawn down and reported on within the calendar year, exceptions are made in certain circumstances, including in cases where appeals have led to the service being notified late in the year of funds available.

Child Care Services Provision

Questions (561)

Terence Flanagan

Question:

561. Deputy Terence Flanagan asked the Minister for Children and Youth Affairs if he will provide an update regarding a service (details supplied) in Dublin 17; and if he will make a statement on the matter. [41207/14]

Written answers

Minister for Children and Youth Affairs

The Centre at Darndale experienced cash flow difficulties in recent months and the matter was the subject of debate within the House previously. It is my understanding that these difficulties have been alleviated as a result of the development and implementation of a revised business plan for 2014 which included the putting in place of cost control and operational measures, identified in a report prepared for the Centre by an external mentor. The Centre incurred expenditure of €2.022m in 2013 and received funding amounting to €1.96m, resulting in a deficit of €62,000. Projections by the Centre indicated that income of approximately €1.8m was anticipated during 2014.

Senior representatives from the Child and Family Agency, Pobal, Dublin City Childcare Committee and representatives from the board and management of the Centre met on a number of occasions over recent months to ensure that the service would be in a position to operate on a sustainable basis into the future within the allocated funding. A number of options were considered and to assist in this process, Dublin City Childcare Committee engaged the services of an external mentor to undertake an independent analysis. This review was completed over the Summer months.

Representatives from the Child and Family Agency have since met with the Board and management to review matters and in particular the progress in moving towards a sustainable business model for the Centre, reflecting the impact of the various measures adopted by the Board, including some recommendations from the external mentor.

The Child and Family Agency will continue to meet with the Centre to monitor the implementation of the Plan.

I understand that the range of measures identified, both by the Centre and by the external mentor, have provided the basis for a sustainable service and business model within available funding.