Written Answers Nos 92-120
92. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the policy of the coroner for releasing post mortem reports and the report of the State Pathologist to the family of homicide victims prior to an inquest. [47401/14]
View answerThe Deputy will appreciate that I have no role in relation to the conduct of individual inquests. The legislation governing coroner matters is the Coroners Act, 1962. Under this legislation, a coroner is a statutory officer exercising quasi-judicial functions in relation to which he or she is independent. The conduct of the inquest and the release of documents prior to the inquest is solely at the discretion of the coroner.
93. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the support in place for families of victims of homicide. [47402/14]
View answerFunding for organisations that support and assist victims of crime generally is provided under the aegis of my Department. Among the services funded is a national help-line which is there to provide emotional support and information and where relevant to refer people to support services in their local area. Financial support is also provided for court accompaniment, accompaniment to sexual assault treatment units, accompaniment to police interviews, practical information about the criminal justice system, emotional support and in some cases subsidised counselling.
Two of the organisations funded, namely AdVIC (Advocates for Victims of Homicide) and Support after Homicide deal specifically with people whose lives have been affected by homicide. AdVIC advocates for victims of homicide as well as providing access to counselling with experienced counsellors who have additional training in homicide bereavement. Support after Homicide provides emotional support and practical assistance before, during and for an appropriate time after criminal proceedings. From 2005 to date AdVIC has been allocated a total of €216,500 and Support After Homicide has been allocated a total of €440,800 under the aegis of my Department.
Victim Support at Court provides court accompaniment to victims, including families of homicide victims, attending the Central Criminal Court in Dublin. From 2005 to date it has been allocated a total of €637,436, under the aegis of my Department, not all of which has been spent supporting families of victims of homicide.
94. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the statistics for amount and length of processing time for applications to the Criminal Injuries Compensation Tribunal from the family of a homicide victim. [47403/14]
View answer95. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the protocol for dealing with an application to the Criminal Injuries Compensation Tribunal where the status of a criminal investigation is categorised as live for an indefinite period. [47404/14]
View answer96. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when a decision is made in relation to the application to the Criminal Injuries Compensation Tribunal if a person is charged with the homicide of a victim. [47405/14]
View answer97. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the State assistance in place for basic expenses for families of victims of homicide who find themselves in financial hardship as a result of their loved one's murder. [47406/14]
View answer110. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the timeframe for an application to the Criminal Injuries Compensation Tribunal to be processed. [47439/14]
View answerI propose to take Questions Nos. 94 to 97, inclusive, and 110 together.
I wish to advise the Deputy that under the terms of the Scheme of Compensation for Personal Injuries Criminally Inflicted, applications for compensation under the Scheme are decided by the Criminal Injuries Compensation Tribunal, who are entirely independent in the matter of individual applications under the Scheme.
I can inform the Deputy that a Garda report is required in all cases, including fatal cases, before an application can be processed further by the Tribunal. The contents of the Garda report will then determine the course of the Tribunal's directions on the case. In a fatal case the Garda report is essential to the Tribunal to determine if the victim died as a result of a crime of violence; if the victim had any responsibility for the incident; if the victim's behaviour, way of life, etc. were contributory factors to the incident, and including details of the victim's criminal record, if any. A Tribunal member must take account of any contributory factors to the incident on the part of the victim and the Tribunal member has discretion under the Scheme to reduce an award or to refuse an award as a consequence.
I can also inform the Deputy that the Scheme has no time-limit for the submission of an application in a fatal case. However, under the terms of the Scheme it is a matter for the claimant to establish his/her case i.e. to provide the Tribunal with the necessary documentation to support the claim. I understand that information in relation to the length of time taken to process applications is not available as this can vary widely from case to case. For instance, if there is a delay in receiving the Garda report or if Tribunal queries arise which result in applicants taking time to respond or if there is a dispute between dependants or family members an application may take some time to finalise. In addition, I understand that in cases of serious injury to the victim it can take a considerable amount of time (in some cases a number of years) before their treating consultant is in a position to give a final prognosis.
In fatal cases the Scheme provides that qualified dependants of the victim may receive a solatium, currently €30,000, and any vouched out of pocket expenses incurred or suffered by dependents as a result of the death of the victim, i.e. funeral costs, loss of earnings etc.
Finally, the Deputy may be interested to note that a copy of the Scheme and application forms may be accessed on the Department's website at http://www.justice.ie/en/JELR/Pages/Criminal_Injuries_Compensation_Scheme.
98. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the legal support the State offers to families of victims of homicide. [47407/14]
View answerIn common with victims of crime generally, families of homicide victims can, on request to the Office of the Director of Public Prosecutions, have that Office:
- take their views into account when deciding whether to prosecute
- look again at a decision it has made with which the family do not agree
- arrange for the family to talk to the prosecution solicitor and barrister before the court case begins, to hear about the procedure in court, but not to talk about evidence.
Families of victims of homicide victims can also request the Office of the Director of Public Prosecutions to tell them the reason if there is a decision not to prosecute.
While not relating specifically to the families of victims of homicide, Section 60 (5) of the Coroners Act 1962, inserted by Section 24(b) of the Courts and Civil Law (Miscellaneous Provisions) Act 2013, provides for 8 categories of cases where a coroner may make a request to the Legal Aid Board for legal services to be provided for a family member of a deceased person. These relate to the circumstances where a person has died in the custody or care of the State or where the coroner is of the opinion that the continuation of the circumstances would be prejudicial to the health or safety of the public. Applications for legal representation at inquests are currently considered on a case by case basis and a formal scheme providing for the statutory provision of such representation will be in place in January, 2015.
99. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the proposals there are to reform the coronial system and the Coroners Act 1962 to bring it in line with international standards; the reforms proposed; and when is it envisaged that they will be implemented. [47408/14]
View answerThe Deputy will be aware that the Coroners Bill 2007 is before the Seanad, having been restored to the Order Paper on the initiative of the previous Minister for Justice and Equality.
The Coroners Bill, as published, provides for the comprehensive reform of the existing legislation and structures relating to coroners and for the establishment of a new Coroner Service. The Bill incorporates many of the recommendations made by the Coroners Review Group in 2000 and by the Coroners Rules Committee in 2003, and also aims to further advance the State's compliance with its obligations under the European Convention on Human Rights.
However, the Bill needs review to take proper account both of intervening legal and coronial developments and, as regards the organisational reform, of the more constrained financial circumstances than those which prevailed when the Bill was originally drafted.
My Department is working to complete the review, and I intend then in the New Year to put in place a firm plan for progressing the Bill, having regard to other pressing commitments.
100. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the protocol for dealing with inquests which are within the remit of Article 2 of the European Convention on Human Rights. [47409/14]
View answerAs the Deputy may aware, the legislation governing coroner matters is the Coroners Act, 1962. Under this legislation, the coroner is an independent officer charged with the investigation of certain reportable deaths. The primary public expression of that investigation is the inquest which seeks factually to discover the circumstances of the person's death. I am satisfied that the inquest process, in conjunction where appropriate with other relevant investigative mechanisms, meets the State's obligations under the European Convention on Human Rights and in particular Article 2 of the Convention.
Section 60 (5) of the Coroners Act 1962, inserted by Section 24(b) of the Courts and Civil Law (Miscellaneous Provisions) Act 2013, provides for 8 categories of cases where a coroner may make a request to the Legal Aid Board for legal services to be provided for a family member of a deceased person. These relate to the circumstances where a person has died in the custody or care of the State or where the coroner is of the opinion that the continuation of the circumstances would be prejudicial to the health or safety of the public. Applications for legal representation at inquests are currently considered on a case by case basis and a formal scheme providing for the statutory provision of such representation will be in place in January, 2015.
101. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the way complaints regarding a member of An Garda Síochána made to a senior member of An Garda Síochána are dealt with, that is, if the internal procedure is invoked or are all complaints directly referred to GSOC. [47410/14]
View answer102. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the information released to a complainant following the completion of a report by GSOC. [47411/14]
View answer103. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the information the complainant to GSOC is entitled to following the submission of recommendations to the Garda Commissioner. [47412/14]
View answer104. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the time period a Garda Commissioner has to implement recommendations made by GSOC. [47413/14]
View answer105. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if a complainant to GSOC receives a copy of the recommendations made to the Garda Commissioner. [47414/14]
View answer106. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the statistics relating to the implementation of recommendations made by GSOC by the Garda Commissioner. [47415/14]
View answer107. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of the recommendations made to the Garda Commissioner by GSOC that are not implemented that is figures since the inception of GSOC. [47416/14]
View answerI propose to take Questions Nos. 101 to 107, inclusive, together.
It is assumed that the Deputy is referring to complaints made by members of the public concerning the conduct of members of the Garda Síochána.
The Garda Síochána Act 2005 established the Garda Síochána Ombudsman Commission (GSOC) to receive complaints from members of the public concerning the conduct of members of the Garda Síochána. The Act stipulates that the Ombudsman Commission is statutorial independent in the exercise of its functions and I have no role in the processing of individual complaints which are referred to it for investigation.
Under the Act a complaint can be made direct to the Ombudsman Commission. It can also be made to the Garda Commissioner, any member of the Garda Síochána in a Garda station or a member at or above Chief Superintendent rank at a place other than a Garda station, who will forward it to the Garda Ombudsman. Complaints to GSOC must be referred for investigation within six months of occurrence of the incident. However, there is provision for GSOC to extend the time limit if it considers that there are good reasons for doing so.
After receiving a complaint the GSOC will determine whether it is admissible. Where a complaint is inadmissible (e.g. the alleged behaviour would not constitute misbehaviour, or the complaint is not made within the required timeframe), the complainant is notified of the reason that it is inadmissible in writing.
GSOC may refer less serious complaints for resolution through the Mediation or Informal Resolution process. GSOC directly investigates complaints involving allegations of criminality, and its investigative staff have full police powers to do this. It may refer other complaints to the Garda Commissioner for investigation under the Garda disciplinary code, and it may maintain oversight of progress in those investigations.
GSOC has the authority to make recommendations to the Garda Commissioner concerning disciplinary proceedings, and also to send a file to the Director of Public Prosecutions where it feels that the conduct under investigation may constitute an offence.
Under s103 of the Garda Síochána Act 2005 the Ombudsman Commission is required to provide the complainant with sufficient information to keep them informed of both the progress and the results of an investigation. I am informed by GSOC that, in cases where they are making a recommendation to the Garda Commissioner concerning disciplinary proceedings, they generally provide complainants with information regarding the nature of the recommendation.
GSOC is not empowered to take disciplinary action against a member of the Garda Síochána. Under section 26 of the Garda Síochána Act 2005 it is the Commissioner who has statutory responsibility for the direction and control of the Garda Síochána. The application of the Disciplinary Regulations is a Garda operational matter and is the sole responsibility of the Commissioner.
The Garda Commissioner is not obliged to implement recommendations made by GSOC and there is no statutory time-period for the Garda Commissioner to deal with such recommendations. GSOC is entitled, however, to be notified of a decision made under the Disciplinary Regulations concerning a member of the Garda Síochána who is the subject of a recommendation.
The statistics requested by the Deputy are not readily available and 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. GSOC is, however, required under section 80 of the Act to submit an annual report of its activities in the preceding year to me as Minister, and these and other reports from the Ombudsman Commission are laid before the Houses of the Oireachtas. Copies of the 2013 Annual Report are available in the Oireachtas Library and on GSOC's website, www.gardaombudsman.ie.
108. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the number of test purchases which have been carried out under section 14 of the Intoxicating Liquor Act 2008 in the years 2010, 2011, 2012, 2013 and to date in 2014. [47417/14]
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.
109. Deputy Pat Breen asked the Minister for Justice and Equality her plans to ease visa restrictions between Ireland and Georgia; her plans to waiver visas for diplomatic passports; and if she will make a statement on the matter. [47421/14]
View answerThe requirements for which countries are visa required to come to Ireland are kept under regular review in consultation with my colleague the Minister for Foreign Affairs and Trade. Currently, there are no plans to implement the changes referred to by the Deputy.
The Government is pursuing a strategy of greater co-ordination and co-operation on visa issues with the UK authorities in the context of the Common Travel Area (CTA). This is exemplified by the launch in China at the end of October of the British Irish Visa Scheme which allows for travel to and around Ireland and the UK on a single visa. As part of this greater co-operation, the matter of alignment of those States whose citizens are visa required is also being examined. The greater the extent of alignment between the two jurisdictions, the greater the opportunity to increase the numbers of tourism and business visits to the CTA. At present, both Ireland and the UK require all citizens of Georgia to be in possession of a visa for travel to their jurisdiction and any proposals for change will also need to be considered in this context.
111. Deputy Mick Wallace asked the Minister for Justice and Equality if she will provide details on all contracts awarded by the Irish Prison Service to building consultants and firms over the past three years; and if she will make a statement on the matter. [47456/14]
View answerThe Irish Prison Service (IPS) issued an invitation to tender for Construction Consultancy Services under a Multi Operator Framework in June 2009. The tender documents provided details of the services to be procured, outlined the procurement process, provided details of the evaluation procedure and associated criteria together with the proposed contractual arrangements.
Tenders were received from 34 companies. In December 2009, the IPS entered into multi-operator framework agreements with 6 companies, in accordance with Article 32 of EU Directive 2004/18/EC, for a period of 3 years, with a possible extension, for a further 12 months.
Six consortiums were admitted to the Framework.
- Cyril Sweett Ltd
- Scott Wilson
- Rogerson Reddan & Associates
- H Lyons
- Murray O’Laoire Architects
- Clifton Scannell Emerson & Associates
The following contracts were awarded by the Irish Prison Service to building consultants and consultancy firms over the past three years (2012-2014). These contracts were awarded following competitive mini tender competitions in accordance with the terms of the Multi Operator Framework agreement.
|
Details of Mini Tender Competition |
Consultant |
|
Cork Prison Development |
Sweett Group |
|
Limerick Prison Redevelopment - Feasibility Study |
Clifton Scannell Emerson Associates |
|
Mountjoy A Wing |
Sweett Group |
|
Mountjoy B Wing On-Site Management |
Sweett Group |
|
Estates Technical Support |
Sweett Group |
|
Limerick Prison Redevelopment |
Rogerson Reddan |
|
Mountjoy Campus |
Sweett Group |
|
Portlaoise D Wing Demolition |
Sweett Group |
|
Portlaoise E Wing |
Sweett Group |
|
Wheatfield Work Training |
Sweett Group |
112. Deputy Mick Wallace asked the Minister for Justice and Equality if she will provide details on the firm awarded the winning tender for the redevelopment of Limerick prison; if she will provide details on the value of the contract in question and the criteria for its award; and if she will make a statement on the matter. [47457/14]
View answerThe redevelopment of Limerick Prison will see the replacement of the 19th century A and B wings, and the provision of a new female prison block. I am informed by the Irish Prison Service that the tendering process is currently underway and that no contract has yet been awarded. The Deputy will appreciate that it would not be appropriate for me to comment on the likely value of the contract for commercial reasons.
113. Deputy Denis Naughten asked the Minister for Justice and Equality the number of complaints of petrol stretching received by the Garda districts in counties Mayo, Roscommon-Longford, Galway and Sligo-Leitim respectively in each of the months since June 2014; the position regarding these complaints; the number that have been investigated resulting in a person being charged or a file being forwarded to the Director of Public Prosecutions; and if she will make a statement on the matter. [47463/14]
View answerI have been informed by the Garda authorities that details of the number of complaints of petrol stretching received by An Garda Siochána for the Garda Districts in counties Mayo, Galway, Roscommon-Longford, and Sligo-Leitrim for the period June to December 2014 to date (as at 10 December) are provided in the appended table.
I am further informed that to date no files have as yet being submitted by An Garda Siochána on these cases to the Director of Public Prosecutions and that all reported incidents remain under investigation.
As the Deputy will appreciate, it is Revenue's Customs Service which takes the enforcement lead nationally in relation to this issue and the Service is supported in this role by An Garda Síochána as required. In this regard I have been advised by the Revenue Commissioners and An Garda Síochána that all reports of petrol stretching are being followed up as a matter of course and samples of fuel are sent to the State Laboratory for scientific analysis where there is reason to suspect excise duty fraud.
In addition to analysing samples referred to it, the State Laboratory is providing technical and scientific support for the ongoing investigations as the analysis of potentially stretched petrol is a complex one which, to date, has involved a significant level of time-consuming, non-routine testing bearing in mind the sufficient level of evidence required in order to pursue prosecutions in this area. I am also advised that the volume of samples sent for analysis has necessitated a reallocation of resources within the State Laboratory.
In this regard the Laboratory has prioritised the testing of all samples submitted in connection with the petrol stretching issue, and all staff who have the necessary experience and expertise in this area are currently being deployed to work on these samples. If the results of the analysis reveals the presence of any illegal stretching agents, I can assure the Deputy that the Revenue Commissioners take action and pursue prosecutions against offenders where feasible.
The practice of petrol stretching is a matter of serious concern to the Government as it results in losses to the Exchequer, threatens legitimate businesses and potentially can cause significant damage to the vehicles of unsuspecting purchasers of adulterated fuel. I can assure the Deputy, therefore, that our law enforcement authorities are continuing to direct their resources to address this issue.
No. of complaints to An Garda Síochána (Western Divisions) of petrol stretching June-December 2014
|
Month |
Sligo/Leitrim Garda Division |
Mayo Garda Division |
Galway Garda Division |
Roscommon/ Longford Garda Division |
|
June 2014 |
0 |
0 |
0 |
0 |
|
July 2014 |
0 |
9 |
0 |
6 |
|
August 2014 |
0 |
4 |
0 |
5 |
|
September 2014 |
0 |
105 |
0 |
17 |
|
October 2014 |
0 |
59 |
7 |
13 |
|
November 2014 |
0 |
41 |
11 |
23 |
|
December 2014 (as at 10 Dec) |
0 |
4 |
3 |
1 |
|
Total |
0 |
222 |
21 |
65 |
114. Deputy Patrick O'Donovan asked the Minister for Justice and Equality further to Parliamentary Question Nos. 494 of 26 November, 2013 and No. 558 of 18 February 2014 if the Garda authorities have now finalised a reply; and if she will make a statement on the matter. [47464/14]
View answerFor ease of reference, the information originally sought by the Deputy is as follows:
'To ask the Minister for Justice and Equality if he will provide details in tabular form by county the number of penalty points issued to persons as a result of detection by the speed camera vans since their introduction; the amount of revenue that has been raised as a result; if all the revenue has been returned to the Exchequer; the amount of fines levied which is overdue by more than three months; the proportion of those detections that were made in 50, 60, 100 and 120 km/h zones; and if he will make a statement on the matter.'
In order to respond to the Deputy's question, a number of reports were obtained from An Garda Síochána and the Courts Service, which required clarification in certain respects, hence the delay in responding to the Deputy's queries.
The Deputy will be aware that the recording of penalty points is the responsibility of the Department of Transport, Tourism and Sport and the Road Safety Authority. However, I can inform Deputy that the number of Fixed Charge Notices issued as a result of detection for speeding by speed camera vans, by county, and by speed limit zone, are set out in the attached table. It should be noted that separate figures for GoSafe safety camera detections and detections by An Garda Síochána camera vans are not readily available.
Insofar as payments received in respect of Fixed Charge Notices issued as a result of detections by GoSafe safety cameras are concerned, I am informed that a total of €18.9m was received in the period November 2010 to the end of June 2014. This income is retained and off set against the cost of the safety camera contract.
In addition, as the Deputy will be aware, a speeding detection may proceed to court and may therefore result in the imposition of a fine. I have been informed by the Courts Service that from February 2011 to date, 6,911 fines totalling €1,259,288 have been imposed by the Courts in respect of detections relating to GoSafe safety camera vans. 1,184 fines, totalling €286,060, are overdue by more than 3 months as of 9 December 2014.
Details by County and Speed per Km/H of the Number of Fixed Charge Notices as a result of detection by all speed camera vans November 2010 to February 2014 Speed Limit per Kilometre per Hour
|
County |
50 km/h |
60 km/h |
100 km/h |
120 km/h |
|
Carlow |
3,129 |
1,226 |
237 |
28 |
|
Cavan |
6,697 |
4,855 |
1,466 |
|
|
Clare |
16,087 |
8,380 |
7,207 |
32 |
|
Cork |
37,066 |
15,872 |
16,280 |
51 |
|
Donegal |
8,291 |
7,865 |
1,928 |
|
|
Dublin |
143,344 |
172,309 |
5,272 |
790 |
|
Galway |
17,633 |
11,722 |
2,756 |
9 |
|
Kerry |
3,253 |
11,293 |
1,159 |
|
|
Kildare |
34,449 |
11,324 |
781 |
267 |
|
Kilkenny |
11,272 |
8,943 |
1,226 |
47 |
|
Laois |
12,601 |
1,497 |
1,758 |
3 |
|
Leitrim |
11,461 |
582 |
174 |
|
|
Limerick |
23,663 |
15,876 |
2,241 |
12 |
|
Longford |
3,495 |
610 |
3,044 |
872 |
|
Louth |
17,456 |
1,480 |
2,795 |
7,077 |
|
Mayo |
4,750 |
1,481 |
1,112 |
|
|
Meath |
15,783 |
3,787 |
10,597 |
12 |
|
Monaghan |
4,709 |
1,885 |
2,689 |
|
|
Offaly |
2,362 |
2,443 |
603 |
5 |
|
Roscommon |
12,831 |
8,381 |
2,161 |
|
|
Sligo |
20,769 |
1,934 |
730 |
|
|
Tipperary |
17,114 |
888 |
1,930 |
261 |
|
Waterford |
9,846 |
8,020 |
742 |
|
|
Westmeath |
5,519 |
518 |
2,399 |
|
|
Wexford |
5,617 |
10,202 |
2,227 |
13 |
|
Wicklow |
11,793 |
12,863 |
11,991 |
3 |
Figures are provisional, operational and liable to change.
115. Deputy Michael McGrath asked the Minister for Justice and Equality the steps being taken to deal with the issue of petrol stretching; if any convictions have yet been secured against those involved in the practice; the potential penalties that apply on conviction; and if she will make a statement on the matter. [47475/14]
View answerI am aware that an increasing number of complaints of petrol stretching have been reported to Revenue's Customs Service and An Garda Síochána during 2014. This is a matter of serious concern as petrol stretching, like all forms of fuel fraud, results in losses to the Exchequer, threatens legitimate businesses and potentially can cause significant damage to the vehicles of unsuspecting purchasers of adulterated fuel.
Petrol stretching is an offence under section 102 of the Finance Act ,1999 and carries a penalty on summary conviction of €5,000 or, at the discretion of the court, imprisonment for a term not exceeding 12 months, or both. If it is an indictable conviction, the fine is up to a maximum of €126,970 and the prison term is up to a maximum of five years, or both.
It is Revenue's Customs Service which takes the enforcement lead nationally in relation to this issue and the Service is supported in this role by An Garda Síochána as required. In this regard I have been informed by the Revenue Commissioners and An Garda Síochána that all reports of petrol stretching are followed up as a matter of course and samples of fuel are sent to the State Laboratory for scientific analysis where there is reason to suspect excise duty fraud.
In addition to analysing samples referred to it, the State Laboratory is providing technical and scientific support for ongoing investigations in this matter as the analysis of potentially stretched petrol is a complex one which, to date, has involved a significant level of time-consuming, non-routine testing bearing in mind the sufficient level of evidence required in order to pursue prosecutions in this area. I am also advised that the volume of samples sent for analysis has necessitated a reallocation of resources within the State Laboratory.
In this regard the Laboratory has prioritised the testing of all samples submitted in connection with the petrol stretching issue, and all staff who have the necessary experience and expertise in this area are currently being deployed to work on these samples. If the results of the analysis reveals the presence of any illegal stretching agents, I can assure the Deputy that the Revenue Commissioners take action and pursue prosecutions against offenders where feasible.
I am also advised by the Revenue Commissioners that as part of Revenue's normal operating procedures, fuel delivery tankers are regularly checked by Revenue's enforcement officers. No cases of contaminated petrol have been identified arising from such checks which were carried out during the period from June 2014 to mid - November.
With regard to details on the number of convictions secured for petrol stretching offences such information is not readily available to me. However, 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 all available relevant statistics directly to the Deputy.
117. Deputy Peadar Tóibín asked the Minister for Children and Youth Affairs his plans to include infant mortalities, adoption practices, vaccine trials and medical experimentation, forced labour and incarceration of unmarried girls and women who gave birth to babies or were seen to be at risk of becoming mothers, conditions in the institutions, including neglect, denial of adequate medical care and cruel punishment of unmarried mothers and their infants and children, burials of unmarried mothers and their children and other women who remained in carceral institutions, from 1922, in the Commission of Investigation into matters relating to Mother and Baby Homes terms of reference. [47377/14]
View answerThe Government has undertaken to establish a statutory Commission of Investigation into matters relating to Mother and Baby Homes in accordance with the Motion passed by the Dáil on 11 June. Considerable progress has been achieved since this date, including the publication of the Inter-Departmental Group’s Report, the announcement that Judge Yvonne Murphy will chair the Commission and an inclusive consultation process with stakeholders. The Government has also publicly confirmed that the intended scope of this investigation will go beyond the home operated by the Sisters of Bon Secours in Tuam, Co. Galway and these announcements have been widely welcomed.
As the Deputy will be aware, I am consulting with a number of key stakeholders whom I have met in recent weeks, in order to update the parties on the emerging issues and to seek their further views.
Requests to include a range of institutions, and concerns related to particular practices are being examined in our current deliberations.
A key challenge in deciding on the scope of the investigation is to ensure that a realistic approach is taken so that the Commission is in a position to investigate these matters in a workable and effective manner. As recommended by the Inter-Departmental Report, our approach should have regard to the facts established through recent inquiries into related institutions, and the general experience gained in conducting similar investigations into matters of public importance.
118. Deputy Bernard J. Durkan asked the Minister for Health if and when a primary medical certificate will issue in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [47363/14]
View answerAs the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy. If the Deputy has not received a reply from the HSE within 15 working days, she can contact my Private Office and they will follow the matter up with the HSE.
119. Deputy Barry Cowen asked the Minister for Health the position regarding the continuing rise and current three year waiting list in the audiology department, Health Service Executive for Offaly-Laois area; and if he will make a statement on the matter. [47368/14]
View answerAs this is a service matter, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.
120. Deputy Terence Flanagan asked the Minister for Health the position regarding funding for an organisation (details supplied); and if he will make a statement on the matter. [47374/14]
View answerAs the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy. If the Deputy has not received a reply from the HSE within 15 working days, she can contact my Private Office and they will follow the matter up with the HSE.
