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Thursday, 13 Nov 2014

Written Answers Nos. 139-147

Anti-Social Behaviour

Questions (139, 140)

Terence Flanagan

Question:

139. Deputy Terence Flanagan asked the Minister for Justice and Equality the fines imposed for engaging in anti-social behaviour; and if she will make a statement on the matter. [43717/14]

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Terence Flanagan

Question:

140. Deputy Terence Flanagan asked the Minister for Justice and Equality her views on the success of anti social behavioural orders; the numbers provided out for the years 2009 to 2014; and if she will make a statement on the matter. [43718/14]

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Written answers

I propose to take Questions Nos. 139 and 140 together.

A range of strong legislative provisions are available to An Garda Síochána to combat anti-social behaviour, including provisions under the Criminal Justice (Public Order) Acts, the Criminal Damage Act and the Intoxicating Liquor Acts, and there are a range of penalties provided including fines and terms of imprisonment in relation to the various offences.

I am advised that incidents of public disorder and anti-social behaviour reported to An Garda Síochána are the subject of investigation and dealt with appropriately, including by juvenile or adult caution, fixed charge penalty notices or initiating criminal proceedings. Any persons found engaging in such behaviour will be dealt with appropriately in accordance the law. In addition, when a young person under the age of 18 comes to the attention of An Garda Síochána because of criminal activity, including anti-social behaviour, they may be dealt with under the Garda Diversion Programme.

Part 11 of the Criminal Justice Act 2006 provides for civil proceedings in relation to anti-social behaviour by adults, and Part 13 of the Act relates to anti-social behaviour by children. These provisions set out an incremental procedure for addressing anti-social behaviour. For children, these range from a behaviour warning from a member of An Garda Síochána, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme and to the making of a behaviour order by the Children Court, and for adults they provide for a behaviour warning and a civil order.

These incremental provisions are not operated in isolation, but are part of the wider range of legislative, policy and operational measures which target anti-social behaviour and to which I have already referred. All of these provisions and measures are kept under ongoing review by my Department, in consultation with other relevant Departments and the Garda authorities.

I have requested a report from the Garda authorities in relation to the number of anti-social behaviour orders issued during the period referred to by the Deputy. I will contact the Deputy directly when the report is to hand.

Criminal Law

Questions (141)

Terence Flanagan

Question:

141. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to make it an offence to sell spray paints to under 18s; and if she will make a statement on the matter. [43719/14]

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Written answers

I can inform the Deputy that I have no responsibility to the House with regard to legislation or regulations for the sale of products of this nature. However, I can advise the Deputy that where such products are used by a person for graffiti it may be regarded as criminal damage on their part and is dealt with by An Garda Síochána under the provisions of the Criminal Damage Act 1991. A person found guilty under the Act may be liable on summary conviction to a fine not exceeding €1,000 or imprisonment for a term not exceeding 12 months or both. The Deputy will also appreciate that when a young person under the age of 18 comes to the attention of An Garda Síochána because of criminal activity, including in these circumstances, they may be dealt with under the Garda Diversion Programme.

Garda Deployment

Questions (142)

Terence Flanagan

Question:

142. Deputy Terence Flanagan asked the Minister for Justice and Equality the overhaul of Garda rostering that has taken place in recent years; and if she will make a statement on the matter. [43720/14]

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Written answers

The new Garda roster was introduced on a pilot basis to maximise the availability of gardaí when they are needed, to protect the health and welfare of members and to be compliant with the provisions of the Working Time Directive. The new roster also took account of the recommendations of reports of the Garda Inspectorate and in particular the report on Resource Allocation.

The new roster, as a pilot, is currently the subject of review by the Garda authorities which will be completed as soon as possible. This review will take into account the roster-related issues identified in the report of the Garda Inspectorate on Crime Investigation which I published this week.

Youth Justice Strategy

Questions (143)

Terence Flanagan

Question:

143. Deputy Terence Flanagan asked the Minister for Children and Youth Affairs if he will provide details regarding the progress made around outcomes based contracts to help reduce re-offending by young persons; and if he will make a statement on the matter. [43713/14]

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Written answers

Under the Social Investment Initiative led by the Department of Public Expenditure and Reform, my Department is supporting an Irish Youth Justice Service proposal to attract philanthropic and private funds to develop a robust supervision and support programme as an alternative to remand to detention for young people at risk of non-compliance with bail conditions. The proposal has been accepted by the Department of Public Expenditure and Reform as one of two projects nationally for more detailed consideration in terms of a possible pilot programme.

In October 2013 the Government gave approval to my Department to progress the proposal. A feasibility study to progress the following actions is underway:

a) Work with the Department of Justice and Equality, the Probation Service and the Courts Service, with critical input from other public bodies, to secure the necessary information for completion of the financial modelling and cost benefit analysis.

b) Examine the means to finance the proposal in years 1-5, and in particular the sourcing of private sector funds for the initiative.

c) Work with other potential stakeholders to determine the scope and cost of interventions and the availability of appropriate non-public service providers to deliver the project.

d) Further examination of the project’s specific governance and risks and the most suitable arrangements for addressing these.

It is anticipated that the study will conclude this year after which there will be further engagement with the Department of Public Expenditure and Reform on the matter.

Child and Family Agency Remit

Questions (144)

Terence Flanagan

Question:

144. Deputy Terence Flanagan asked the Minister for Children and Youth Affairs if he will provide an update regarding a grant in respect of an organisation (details supplied) in Dublin 3; and if he will make a statement on the matter. [43502/14]

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Written answers

The Child and Family Agency which comes under the remit of my Department, provides funding to support voluntary organisations offering the following types of counselling and support:

- Marriage and Relationship Counselling;

- Marriage preparation courses;

- Child Counselling;

- Rainbows peer support programme for children;

- Bereavement Counselling and Support on the deaths of a family member;

The Child and Family Agency has advised that it does not provide funding to this particular organisation.

Domestic Violence Refuges

Questions (145, 146)

Robert Troy

Question:

145. Deputy Robert Troy asked the Minister for Children and Youth Affairs his Department's future funding plans for the domestic violent service providers and refuge from January 2015; if there are any changes envisaged; ;the level of funding that will be available; and if he will make a statement on the matter. [43555/14]

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Robert Troy

Question:

146. Deputy Robert Troy asked the Minister for Children and Youth Affairs if he will reverse funding cuts to Safe Ireland; and if he will make a statement on the matter. [43556/14]

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Written answers

I propose to take Questions Nos. 145 and 146 together.

Responsibility for the funding of the Domestic Violence and Sexual Violence services previously funded by the HSE became the responsibility of Tusla, the Child and Family Agency, upon its establishment on 1st January, 2014.

In 2014, the Agency is providing over €17 million in funding to support the provision of domestic and sexual violence services.

This includes the funding of 60 services throughout the country comprising::

- €10m for 20 Crisis Refuges and support services

- Over €4 million for 16 Rape Crisis Centres

- Almost €3.5 million for 24 Domestic Violence Support Services.

The Agency has undertaken a review of services in this area and has engaged with funded organisations in the course of the review of services. Representatives of all those involved in the delivery of services were invited to consultations during the review process. This review has now concluded and a roadmap for the future of service delivery has been prepared and approved by Agency’s Board. A structure for the national oversight of Domestic Violence and Sexual Violence Services is currently being put in place by the Agency.

The Agency will liaise with funded Domestic Violence services regarding services required in 2015. Domestic Violence services are being accorded high priority by the Agency in the context of its budgetary allocation and frontline services will be prioritised.

I understand that Safe Ireland had a two year service level agreement with the HSE which expired on 31st December, 2013, but was extended to 31st December, 2014 to allow for establishment of the new Child and Family Agency, to enable the Agency to undertake both a review of services and to develop appropriate governance and oversight arrangements for these services in this area. The Child Agency is in discussions with Safe Ireland regarding the allocation of funding to relevant organisations in 2015.

Medical Card Reviews

Questions (147)

Terence Flanagan

Question:

147. Deputy Terence Flanagan asked the Minister for Health the position regarding a medical card review in respect of a person (details supplied) in Dublin 3; and if he will make a statement on the matter. [43491/14]

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Written answers

The Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible.

The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information has issued to Oireachtas members.

If the Deputy has not received a reply from the HSE within 15 working days, please contact my Private Office who will follow up the matter with them.

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