Written Answers Nos. 289 - 303
289. Deputy Charlie McConalogue asked the Minister for Justice and Equality when she expects the recommendations of the Joint Committee on Justice, Defence and Equality in relation to sex trafficking laws to be implemented; and if she will make a statement on the matter. [42829/14]
View answer309. Deputy Jack Wall asked the Minister for Justice and Equality her views on a submission (details supplied) regarding the introduction of legislation on prostitution and trafficking for exploitation; if legislation will be published during this parliamentary term; and if she will make a statement on the matter. [43084/14]
View answer313. Deputy Michael Creed asked the Minister for Justice and Equality the position regarding proposed legislation to deal with sex trafficking and prostitution; and if she will make a statement on the matter. [43152/14]
View answer319. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality if she will address the concerns raised in correspondence (details supplied); and if she will make a statement on the matter. [43280/14]
View answerI propose to take Questions Nos. 289, 309, 313 and 319 together.
As the Deputies are 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.
290. Deputy Clare Daly asked the Minister for Justice and Equality in relation to the direct provision of care for asylum seekers and refugees, her views that it is appropriate that the companies who have benefited in the tendering process have decided to register outside the State; and her plans for same. [42844/14]
View answerThe Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. Currently, there are over 4,330 residents in 34 centres across the State under contract to RIA. Details of all of these centres and the companies or persons RIA has contracted to provide accommodation services are published in RIA's Annual Reports available on its website - www.ria.gov.ie.
In fulfilling its general accommodation responsibilities, RIA does not own, lease or rent premises from commercial contractors. Rather, it contracts in a comprehensive range of services and facilities, including accommodation, housekeeping and so on, for a fixed sum over the period of a contract. It is a condition of contract with the RIA that the contractor has good title to the centre, but this does not specify either owning, renting or leasing the building concerned.
From RIA's perspective, the critical criteria is that the contractors can fulfil the terms of their contracts with RIA and are in good standing with the Revenue Commissioners. There is no contractual requirement for companies providing services to RIA that they be registered in Ireland, although RIA understands that all contracting companies are so registered. In certain cases, it may well be that the company concerned is unlimited or that the beneficial owners or part-owners include companies registered in off-shore jurisdictions but those are business decisions for the contractors concerned. It is a condition of the contract that a valid Tax Clearance Certificate from the Revenue Commissioners is provided every year.
291. Deputy Clare Daly asked the Minister for Justice and Equality the amount of money spent on the direct provision system over the past eight years; and the companies to whom those payments were made. [42845/14]
View answer303. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if she will provide, in tabular form, a list of contracts awarded, and amounts paid, to the owners and operators of direct provision centres from the establishment of the direct provision system to date; and if she will make a statement on the matter. [42995/14]
View answerI propose to take Questions Nos. 291 and 303 together.
The direct provision system is managed by the Reception and Integration Agency (RIA) of my Department. For the most part, this represents a cashless system with the State assuming responsibility for providing suitable accommodation for asylum seekers on a full board basis. Currently, there are approximately 4,300 residents in 34 centres across the State under contract to RIA.
Prior to 2003 payments to management companies in the State-owned sector and contractors in the commercial sector were made by the relevant local authority which in turn recouped that expenditure from the Department of the Environment and Local Government. From 2003 on, RIA has paid the contractors directly. There follows a list showing RIA's expenditure outturn for each of the years 2003 to 2014 inclusive:
|
Year |
Amount |
|
2014 - |
€51.9 million (Estimate) |
|
2013 - |
€55.228 million |
|
2012 - |
€62.329 million |
|
2011 - |
€69.459 million |
|
2010 - |
€79.073 million |
|
2009 - |
€86.509 million |
|
2008 - |
€91.472 million |
|
2007 - |
€83.262 million |
|
2006 - |
€78.728 million |
|
2005 - |
€84.382 million |
|
2004 - |
€83 million (rounded) |
|
2003 - |
€77 million (rounded) |
RIA's Annual Reports from 2007 to 2013 inclusive further break down yearly expenditure into the broad headings of 'Commercial', 'State-owned', 'Self-catering', 'Additional Costs', 'Transport' and 'Miscellaneous'. These Annual Reports are published on RIA's website - www.ria.gov.ie.
As has been stated in answers to previous Dáil Questions, for commercial reasons, details of current contract rates are not provided. The policy is that the updating of the table of contracts will take place only at the end of January each year in respect of all financial information up to the end of December two years previously e.g. at the end of January, 2014 the records are updated to end of December 2011. This policy has been upheld by the Office of the Information Commissioner.
I will forward a more detailed table directly to the Deputies under separate cover showing expenditure details on all RIA contracts for accommodation for the period 2000 to the end of 2011 This will also indicate the names of the contractors concerned. Contracts RIA has with providers are 'staggered' so that they end at different times of the year. This allows for flexibility to close centres gradually should numbers begin to decline. The table being provided to the Deputies will show individual contracts and payments from their beginning to end dates and these do not usually coincide with the calendar year.
292. Deputy Clare Daly asked the Minister for Justice and Equality her views on whether the Garda has adequate resources to locate the large numbers of children who have disappeared from State care; and if she will make a statement on the matter. [42846/14]
View answerAs the Deputy will be aware, one of the primary functions of the Garda Commissioner under the Garda Síochána Acts, is to direct and control An Garda Síochána. In this regard, the Garda Commissioner is responsible for the distribution of all resources, including fully sworn members and Reserve Gardaí, among the Garda Regions, Divisions and Districts. Garda management keep this distribution under continuing review in the context of security assessments, crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
I have requested the information sought by the Deputy from the Garda authorities. I will be in contact with the Deputy when this information is to hand.
293. Deputy Paul Murphy asked the Minister for Justice and Equality her plans to meet a person (details supplied) to discuss their case and the way in which their case may be progressed. [42864/14]
View answerThe person to whom the Deputy refers is amongst those whose complaints are 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. In the circumstances a meeting at this time would be inappropriate.
294. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of samples from engines of vehicles damaged by contaminated petrol that have been taken by the Garda for testing in County Mayo; and if she will make a statement on the matter. [42865/14]
View answerI have requested the information sought by the Deputy from the Garda authorities and I will be in contact with the Deputy again when the information is to hand.
295. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the progress in the implementation by her Department of Article 12 of the UN Convention on the Rights of the Child. [42891/14]
View answerI am conscious of the importance of providing mechanisms to enable a child's views to be heard in proceedings concerning guardianship, custody and access as such proceedings have such implications for a child's life. Accordingly, the General Scheme of the Children and Family Relationships Bill provides for the court to have the possibility of appointing a child's views expert to ascertain the child's views in guardianship, custody or access proceedings. The child's views expert will have the task of ascertaining whether or not the child is capable of forming views on the matters that are the subject of the proceedings. If the child is capable of forming views on these matters, the child's views expert will have the task of reporting these views to the court.
296. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to recruit more gardaí to deal with increased crime; and if she will make a statement on the matter. [42908/14]
View answerThe Deputy will be aware that I recently announced a further intake of 200 recruits into the Garda College, Templemore. The intake will be in two batches, one later this month / early December and the second in January 2015. This will bring to 300 the number of recruits in the Garda College and is a measure of this Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The first batch of recruits (already in training) will attest as members of the Garda Síochána in May of 2015 and will be assigned to Garda Stations throughout the country by the Garda Commissioner.
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.
297. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when she will publish the crime investigation report from the Garda Inspectorate. [42909/14]
View answerI can inform the Deputy that it is my intention to lay the report referred to before both Houses of the Oireachtas today, and to publish it shortly thereafter.
298. Deputy Robert Troy asked the Minister for Justice and Equality if an application of land registry in respect of a person (details supplied) in County Westmeath will be expedited. [42912/14]
View answerI 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.
299. Deputy Brendan Griffin asked the Minister for Justice and Equality when further Garda recruitment will commence; if unsuccessful applicants from the previous round of recruitment will have to reapply; and if she will make a statement on the matter. [42913/14]
View answerThe Deputy will be aware that I recently announced a further intake of 200 recruits into the Garda College, Templemore. The intake will be in two batches, one later this month/early December and the second in January 2015. This will bring to 300 the number of recruits in the Garda College and is a measure of this Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The first batch of recruits (already in training) will attest as members of the Garda Síochána in May of 2015 and will be assigned to Garda Stations throughout the country by the Garda Commissioner.
A candidate who fails any stage of the recruitment process will be eliminated and will not be allowed re-enter this particular competition.
300. Deputy Billy Kelleher asked the Minister for Justice and Equality when the additional public order powers promised in 2012 will be provided to the Garda Reserve; and if she will make a statement on the matter. [42933/14]
View answerThe range of powers and duties of Reserve Gardaí is a matter for the Garda Commissioner to determine under section 15(5) of the Garda Síochána Act 2005. The duties of a Garda reserve member include the following:
- Station duty, other than the care and custody of prisoners;
- Assistant to the station orderly;
- Communications room duty, to include monitoring CCTV;
- Foot patrol, accompanied by a member of the full-time Garda service;
- Static security duty;
- Road Traffic checkpoint duties, accompanied by a full time member;
- Duty at the outer cordon of major events such as festivals and major sporting events;
- Assisting in the event of accidents, fires and major emergencies;
- Giving evidence in court;
- Community / Neighbourhood Policing.
The Garda Commissioner has also determined that the powers of reserve members will be confined to the enforcement of certain legislation including aspects of the Road Traffic Acts and the Public Order Acts.
Reserve members also have the power of arrest under the Criminal Law Act 1997, which provides powers of arrest for both members of the Garda Síochána and civilians.
The Commissioner, following an internal review of the Reserve, decided to extend their powers to include powers under the Criminal Justice (Public Order) Acts 1994 to 2011, and Section 41 of the Road Traffic Act 1961 as amended, in relation to the seizure of vehicles and the power to issue Fixed Charge Penalty Notices (FCPN) and serve summons.
I am informed by the Commissioner that the training of all the Garda Reserve in the new powers will be completed shortly.
301. Deputy Terence Flanagan asked the Minister for Justice and Equality the investigation that has taken place as to the role of estate agents in the property crash; her views that they are sufficiently regulated; and if she will make a statement on the matter. [42950/14]
View answerI am not aware of any specific investigation of the type referred to by the Deputy.
I can however, advise that the Property Services Regulatory Authority was established under the Property Services (Regulation) Act 2011 to control, supervise and regulate Property Services Providers (i.e. Auctioneers/Estate Agents, Letting Agents and Management Agents). Any person wishing to provide a property service must be licensed by the Authority and meet certain minimum qualification standards. The new PSRA licensing system came into effect on 6 July 2012.
A key role of the Authority is to set and enforce standards in the provision of property services by auctioneers, letting agents and property management agents and to provide redress mechanisms for consumers of those services. The Authority administers a system of investigation and adjudication of complaints and investigates all complaints where it is alleged that a Property Services Provider has engaged in improper conduct. All such complaints must be made in writing and a complaint form is available on the Authority's website www.psr.ie.
Where, on completion of an investigation, the Authority is satisfied that the property services provider has engaged in improper conduct, it may impose any of the following sanctions:
- issue a reprimand, warning, caution or advice to the property service provider;
- revoke the property service provider's licence;
- suspend the property service provider's licence for a specified period;
- direct the property service provider to pay:
- up to €50,000 to the Property Services Compensation Fund;
- up to €50,000 to the Authority towards the cost of the investigation;
- up to €250,000 to the Authority by way of a financial penalty; or
- any combination of the foregoing.
302. Deputy Jonathan O'Brien asked the Minister for Justice and Equality her plans to introduce a legislative provision equivalent to section 75 in the Northern Ireland Act 1998 that is in place in Northern Ireland. [42963/14]
View answerThe Irish Human Rights and Equality Commission Act 2014 which was enacted on 1 November 2014 introduces a positive duty on public bodies to have due regard to human rights and equality and reflects a commitment in the Government's Programme for National Recovery 2011 to 2016. This duty is set out in Section 42 of the Act. The Irish Human Rights and Equality Commission will assist and support public bodies to comply with this positive duty by a number of methods including by producing guidelines and codes of practice.
This duty will provide a positive opportunity to bring about real reform within the public sector by persuading and promoting best practice by highlighting good examples across the public sector to which other bodies can aspire.
