Written Answers Nos. 360-381
360. Deputy Joan Collins asked the Minister for Justice and Equality further to Parliamentary Question No. 264 of 25 November 2014, if she will provide, in tabular form, the number of arrests made for prostitution offences between the years 2008 and 2014 by offence type, county, gender and age group; and if she will make a statement on the matter. [47845/14]
View answerThe 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 understand the CSO contacted you directly on 4 December and provided you with the latest available official statistics.
361. Deputy Jerry Buttimer asked the Minister for Justice and Equality her views on legislating so that perpetrators of serious assaults would be liable for the financial consequences arising from any injuries caused; and if she will make a statement on the matter. [47853/14]
View answer362. Deputy Jerry Buttimer asked the Minister for Justice and Equality her views on legislating for mandatory prison terms for perpetrators of serious unprovoked assaults; and if she will make a statement on the matter. [47854/14]
View answerI propose to take Questions Nos. 361 and 362 together.
Section 6 of the Criminal Justice Act 1993 provides that a person convicted of an offence may be ordered by the court to pay compensation in respect of any personal injury or loss resulting from that offence (or any other offence that is taken into consideration by the court in determining sentence) to a victim who has suffered such injury or loss.
Whether or not the perpetrator of a serious assault is convicted of a criminal offence, a victim may be in a position bring a civil suit for damages in regard to the injury or loss concerned.
The Non-Fatal Offences Against the Person Act 1997 provides for a number of offences including 'assault causing harm' and 'causing serious harm' for which the maximum penalties are 5 years imprisonment and life imprisonment respectively. The general approach to sentencing in Irish criminal law is one whereby the Oireachtas sets a maximum possible sentence in statute and allows the court discretion to set the precise sentence in any given case in a manner that is proportional to the seriousness of the offence having due regard to all the circumstances including the degree of harm caused to the victim.
The prescription of mandatory prison terms in legislation is an exception to this general approach. I would draw the Deputy's attention to the Law Reform Commission 2013 Report on Mandatory Sentences, which recommends the repeal of existing presumptive mandatory minimum sentence provisions for various drugs and firearms offences. I would also note that the Report on the Strategic Review of Penal Policy which was published in September recommended that no further mandatory sentences or presumptive minimum sentences should be introduced.
363. Deputy Lucinda Creighton asked the Minister for Justice and Equality if her Department held meetings separate from the management advisory committee meetings which were attended by either her or the Minister of State and the management advisory committee; if so, if she will provide, in tabular form, the number of such meetings that occurred in 2011, 2012, 2013 and to date in 2014; and if she will make a statement on the matter. [47867/14]
View answer364. Deputy Lucinda Creighton asked the Minister for Justice and Equality if she will provide, in tabular form, the number of management advisory committee meetings which were held for each of the years 2011, 2012, 2013 and to date in 2014; if she will provide, in tabular form, the number of management advisory committee meetings that were attended by her, the Minister of State, the political adviser, the Secretary General and all other titles of attendees in the years 2011, 2012, 2013 and to date in 2014; and if she will make a statement on the matter. [47883/14]
View answerI propose to take Questions Nos. 363 and 364 together.
I wish to refer the Deputy to my reply to the previous Parliamentary Question no 82 of 26 November 2014.
In addition to this response, I would like to provide the following information by way of update.
Since 26 November 2014, an additional three meetings of the Management Advisory Committee of my Department have taken place on the following dates;
- 2 December,
- 9 December;
- 16 December.
In addition to the meetings outlined above, one further meeting of the MinMAC group also took place on 27 November 2014.
365. Deputy John Deasy asked the Minister for Justice and Equality if she will provide a breakdown by county of the number of applications received and approved under the free legal aid scheme in each of the past five years. [47973/14]
View answerI wish to inform the Deputy that the provision of legal aid falls within two separate categories, i.e. civil legal aid and criminal legal aid. Details in respect of each category are outlined as follows.
Criminal Legal Aid
Under the Criminal Justice (Legal Aid) Act 1962, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant for legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him/her to pay for legal representation him/herself. The assignment of lawyers or the granting of aid are matters for the Court and, as such, are handled by the judiciary on the applicant's appearance in court. Unfortunately figures are not kept in such a way as to be able to provide a breakdown by county of the number of certificates granted for criminal legal aid.
Civil Legal Aid
In respect of civil legal aid, this is provided by the Legal Aid Board, an independent State agency. At the outset, it should be clarified that with the exception of a very small number of cases, civil legal aid is not free nor is the word ‘free’ part of the Board’s title. Clients pay a contribution for legal advice and a further contribution if they require representation in court. This is important as many applicants to the Board query why they are being asked to make a payment as they have heard reference to ‘free legal aid’ or the ‘Free Legal Aid Board’.
In relation to civil legal aid, the Legal Aid Board operates 30 general full-time law centres in twenty-three different counties. The number of applicants in each of the last five years at the law centre(s) in each of the counties in which the Board has a full time presence is as set out. (The Board has six general law centres in Dublin and two general law centres in both Cork and Galway). Only applicants that have been financially assessed are placed on an applications record and financial eligibility is usually determined by law centre staff within 48 hours of receipt of the application. Therefore, the following figures represent financially eligible applications that fall within the scope of the Act.
Persons seeking legal services can apply at any law centre and are not required to apply within the county in which they reside. The Board also operates part-time law centres in the counties where it does not have a full-time presence. Each of these centres is operated by a full-time centre and the numbers getting services at these centres are included in the applications figure for the full-time centre. One other point to note is that the Board operates a part-time centre in Drogheda which is operated by its law centre in Monaghan (rather than its law centre in Dundalk). Thus the figures are not reflective of the addresses by county of the applicants. This particular information is not readily available.
|
County |
2013 |
2012 |
2011 |
2010 |
2009 |
|
Cavan |
193 |
279 |
281 |
233 |
257 |
|
Clare |
472 |
582 |
739 |
675 |
638 |
|
Cork |
1,809 |
2,208 |
2,357 |
2,060 |
2,029 |
|
Donegal |
643 |
636 |
670 |
592 |
475 |
|
Dublin |
4,532 |
5,600 |
4,821 |
4,499 |
3,863 |
|
Galway |
871 |
939 |
603 |
611 |
482 |
|
Kerry |
610 |
609 |
611 |
598 |
546 |
|
Kildare |
858 |
884 |
1,027 |
1,067 |
981 |
|
Kilkenny |
784 |
747 |
836 |
711 |
728 |
|
Laois |
406 |
523 |
622 |
561 |
448 |
|
Limerick |
707 |
853 |
732 |
697 |
598 |
|
Longford |
444 |
378 |
383 |
336 |
362 |
|
Louth |
320 |
381 |
379 |
327 |
290 |
|
Mayo |
371 |
393 |
398 |
398 |
333 |
|
Meath |
785 |
574 |
560 |
487 |
471 |
|
Monaghan |
371 |
469 |
389 |
334 |
325 |
|
Offaly |
349 |
423 |
408 |
429 |
401 |
|
Sligo |
319 |
459 |
319 |
522 |
510 |
|
Tipperary |
632 |
503 |
636 |
597 |
562 |
|
Waterford |
505 |
562 |
580 |
519 |
524 |
|
Westmeath |
511 |
557 |
550 |
555 |
501 |
|
Wexford |
498 |
590 |
589 |
541 |
587 |
|
Wicklow |
557 |
696 |
797 |
973 |
1,006 |
366. Deputy Seán Kenny asked the Minister for Justice and Equality if she will request that extra attention be provided to a shopping centre (details supplied) in Dublin 13; and if she will make a statement on the matter. [47980/14]
View answerThe Deputy will appreciate that I have no direct role in day to day traffic management or related enforcement activity by An Garda Síochána. Where breaches of road traffic law are detected, An Garda Síochána respond in accordance with the provisions of the law. I have brought the Deputy's concerns surrounding parking and related issues at the location in question to the attention of the Garda authorities for any appropriate action.
367. Deputy Seán Kenny asked the Minister for Justice and Equality the number of marked and unmarked Garda vans that came into service in 2013; the number of marked and unmarked Garda vans that were taken out of service in 2013; and if she will make a statement on the matter. [47981/14]
View answerThe provision and allocation of Garda transport is a matter for the Garda Commissioner in the light of her identified operational requirements and the availability of resources. In that context, I am advised by the Garda authorities that the information requested is as show in the following table:
|
MARKED |
UNMARKED |
TOTAL |
|
|
Vans added to fleet in 2013 |
84 |
2 |
86 |
|
Vans removed from fleet in 2013 |
23 |
6 |
29 |
The Deputy will be aware that I recently secured a further €10 million for investment in the Garda fleet of which €7 million has been made available in 2014. This funding brings the total investment for 2014 to €11 million. The remaining €3 million will be made available for the purchase and fit out of additional Garda vehicles in 2015.
368. Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality if cash-for-gold business providers are legally obliged to keep records of their transactions and put in place procedures that will ensure that the goods are not the proceeds of crime; and if she will make a statement on the matter. [47996/14]
View answerThe informal purchase of jewellery is not specifically regulated in criminal legislation; however the circumstances under which jewellery is being bought and/or sold may indicate the commission of certain offences, for example handling stolen property and / or possession of stolen property under sections 17 and 18 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 and the onus is on owners of business to ensure that they are not buying stolen goods. If it is the case that items of substantial value are being paid for by cash in the 'cash for gold' outlets without adequate checks on identity / ownership then these businesses may be in breach of the Theft and Fraud Offences Act, if the items in question have been stolen.
I am committed to examining the best approach to regulation in the area of cash for gold business providers, having regard to the potentially significant impact on legitimate businesses. It is important to recognise that any legislation in this area would have a potentially significant impact on a broad range of businesses. There are a large number of legitimate businesses such as jewellers, antique dealers etc., as well as ‘cash for gold’ outlets that would be impacted upon. As the regulatory and resource burden of any proposed measure will have to be carefully examined to ensure that it is proportionate to the matter being addressed I have asked officials in my Department to carry out a Regulatory Impact Assessment (RIA) which will facilitate a process of consultation with groups likely to be affected. The current position is that my Department is finalising a RIA which will comprise a detailed and systematic appraisal of the potential impacts of any proposed regulation in order to assess whether the regulation is likely to achieve the desired objectives and the potential costs that will arise. I intend to publish this RIA for consultation in early 2015.
369. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to introduce a Bill similar to the Criminal Law (Sexual Offences) (Amendment) Bill 2013; and if she will make a statement on the matter. [48019/14]
View answer370. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will provide an update regarding legislation (details supplied) in respect of human trafficking; and if she will make a statement on the matter. [48020/14]
View answerI propose to take Questions Nos. 369 and 370 together.
I assume the Deputy is referring to Deputy Pringle's Private Member's Bill to criminalise the purchase of sexual services.
On 27 November, I published the General Scheme of the Criminal Law (Sexual Offences) Bill 2014 which includes two new offences of purchasing, in the context of prostitution, sexual services.
The first is a general offence of purchasing sexual services which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of purchasing a sexual service from a trafficked person and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not be subject to an offence.
These proposals have been developed following extensive consultation, initiated by my Department, dating back to 2012 and which includes a recommendation from the Joint Oireachtas Committee on Justice, Equality and Defence to introduce such an offence. I have met with representatives from both sides of the debate, including those working in the industry, and my Department has received numerous representations expressing views from both sides.
I am satisfied that it is necessary to take steps to tackle the trafficking and wider exploitation of persons through prostitution. Unlike the existing offences relating to prostitution such as soliciting, loitering or brothel keeping, the new offences will specifically target the demand for prostitution.
In terms of the specific question concerning the introduction of new legislation to combat human trafficking, 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.
371. Deputy Terence Flanagan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 107 to 110, inclusive, of 9 October 2014, if her Department has been consulted by the Department of Health on the issues raised in the detailed opinions submitted by the EU member states; if her Department will have input into the preparation of the Department of Health response to the European Commission; if her Department shares any of the concerns raised by the EU member states; and if she will make a statement on the matter. [48024/14]
View answerI can inform the Deputy that my Department was consulted with regard to the development of the Public Health (Standardised Packaging of Tobacco) Bill, 2014 and the issues arising in that context.
With regard to the detailed opinions referred to by the Deputy I understand that these remain under consideration by officials in the Department of Health and that a response to the European Commission is to be drafted in consultation with relevant Government Departments. I can confirm that my Department has been consulted and I can advise the Deputy that my Department remains available in this regard
372. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will provide details of all official foreign trips she and Ministers of State in her Department plan to take between now and the end of 2015; if she will provide the names of the persons she and Ministers of State in her Department will meet on these trips; the purpose of the trips; the duration of the trips; if there are plans to use all of these trips to promote Ireland as a good place for doing business and as a destination for foreign direct investment; and if she will make a statement on the matter. [48036/14]
View answerI am currently scheduled to attend EU Justice and Home Affairs (JHA) Council of Minister meetings planned for 29-30 January 2015, 12-13 March 2015 and 15-16 June 2015. I will also be attending the European Parliament Plenary Session in Strasbourg on 29 April 2015. Minister of State Dara Murphy is scheduled to attend the EU Foreign Affairs, General Affairs and European Council meetings in Brussels later this month. Further overseas trips for the period January 2015 - December 2015 are currently being considered in line with the Government's strategic priorities.
373. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made 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. [48049/14]
View answerI 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 person's 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.
374. Deputy Emmet Stagg asked the Minister for Justice and Equality when a decision on an application for naturalisation will be made in respect of a person (details supplied) in County Kildare. [48157/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I am informed that this application is now at an advanced stage of processing and the applicant will be informed of my decision in due course.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
375. Deputy Willie Penrose asked the Minister for Justice and Equality her plans to introduce periodic payment orders to deal with catastrophic personal injury cases; if the legislation to enable same will be brought forward in 2015; and if she will make a statement on the matter. [48162/14]
View answerAs the Deputy will be aware, the Programme for Government includes a commitment to introduce legislation to facilitate courts making provision for structured settlements in circumstances where lump sums are currently awarded as a consequence of individuals suffering catastrophic injury because of the negligence of another.
My Department, in consultation with the Department of Finance, is currently finalising legislative proposals on periodic payment orders which takes account of the views of an inter-departmental working group convened to examine the technical aspects of this important legislation. These technical aspects include the financial security mechanisms that would be required if a periodic payment order scheme was introduced for private defendants and the matter of the indexation of periodic payment orders.
It is my intention to bring these legislative proposals to Government early in 2015.
376. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the reason the educational requirements for joining An Garda Síochána were changed to not accept the leaving certificate applied programme; and if her attention has been drawn to applicants who were accepted to train for recruitment only to find out towards the end of the programme after passing their physical that they would not be recruited due to their leaving certificate applied programme qualifications not being accepted. [48164/14]
View answerI am communicating with An Garda Síochána in relation to the issue referred to by the Deputy and will reply in due course.
377. Deputy Brendan Griffin asked the Minister for Justice and Equality her views on the regular nature of occurrences of the ramming of Garda vehicles; if more will be done to deter this from happening before there is another serious injury or worse among our gardaí; and if she will make a statement on the matter. [48186/14]
View answerAs the Deputy is aware, I consider the deliberate ramming of Garda vehicles to be a very serious matter, and am aware of course of a number of serious incidents of this nature. The safety of the Gardaí concerned and, of course, the general public is of paramount importance and I can assure the Deputy that all incidents of this nature are subject to full investigation by An Garda Síochána.
It is the case that there is a range of robust road safety and other legislative enforcement provisions available to the Garda authorities in such circumstances. Legislative provisions include the assault offences contained in the Non-Fatal Offences Against the Person Act 1997 and for which penalties range from up to 5 years imprisonment to life imprisonment depending on the seriousness of the offence involved. In addition, section 19 Criminal Justice (Public Order) Act 1994 provides for specific offences relating to assaults on "peace officers" which includes members of An Garda Síochána. The penalty for this offence was increased from 5 to 7 years imprisonment by section 185 Criminal Justice Act 2006. I would also add that section 2 Criminal Damage Act 1991 provides for the offence of damage to the property of another person for which the penalty is a maximum of 10 years imprisonment. Furthermore, the Road Traffic Act 1961 (as amended) provides for offences of driving without reasonable consideration, careless driving and dangerous driving, and an offence of dangerous driving which causes death or serious bodily harm carrying a penalty of up to 10 years imprisonment. In addition, as the Deputy will appreciate if the ramming of a Garda vehicle resulted in a death, an offence of attempted murder, murder or manslaughter may be considered applicable with the resultant penalties including mandatory life imprisonment for a conviction for murder.
378. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to introduce a sentencing council or sentencing guidelines for the Judiciary. [48235/14]
View answerAs the Deputy will appreciate, judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. The approach of the Oireachtas has generally been to specify in law a maximum penalty for an offence, so that a court, having considered all the circumstances of a case, may impose an appropriate penalty up to that maximum. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present. An important safeguard rests in the power of the Director of Public Prosecutions who may apply to have a sentence reviewed if she regards it as unduly lenient.
The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Sentencing practice is also being developed by a steering committee of the judiciary which developed the Irish Sentencing Information System (ISIS) website, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. ISIS is being developed as a valuable tool not only for members of the judiciary but also for lawyers, researchers and those concerned with the needs of victims and their families, the initiative which is being led by the Judiciary through the Judicial Research Office in undertaking the detailed work of gathering and providing information via the website.
I recently published the report of the Penal Policy Review Group which was tasked with carrying out a strategic review of penal policy. The Group was asked to make recommendations on how a principled and sustainable penal system might be further enhanced taking into account resource implications, constitutional imperatives and our international obligations.
The Report of the 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, the Government recently gave its approval, in principle, to proceed immediately with the implementation of a number of key recommendations including (i) preparing proposals and options for Government on reform of sentencing policy including a review of the threshold at which presumptive minimum sentences in drugs and other offences apply, and (ii) preparing proposals for Government on legislating for the review's recommendation that courts set out in writing their reasons for imposing a custodial sentence. This work is currently under way.
It might be noted that a Sentencing Council was not advocated by the Law Reform Commission in its Report on Mandatory Sentencing which was published in 2013. The report covers a number of complex issues and the recommendations contained in the report will be fully considered in my Department together with the report of the Penal Policy Review Group.
379. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to implement the recommendations contained within the Joint Committee on Justice, Defence and Equality's report on penal reform. [48236/14]
View answerThe report of the Joint Oireachtas Committee on Justice, Defence and Equality published in March, 2013 is a very valuable contribution to the debate on penal reform and contains analysis and recommendations which considerably advance the debate on how best to protect society through effective offender management.
I published the Report of the Penal Policy Review Group, which took the Joint Committee's report into account, on 17 September, 2014. There is, I believe, much in common between both reports and indeed the Joint Committee's report complements the more recent strategic review of penal policy. There has been considerable progress in recent years but there remains much to be done, and both reports recognise that. There are naturally some variations in approach between the two reports but these can be examined as part of the ongoing process of implementation.
The Report of the 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 recently obtained the agreement, in principle, of Government to proceed immediately with the implementation of the following key recommendations:
- bringing forward legislative proposals to establish the Parole Board on an independent statutory basis;
- preparing proposals and options for Government on reform of sentencing policy including a review of the threshold at which presumptive minimum sentences in drugs and other offences apply;
- preparing proposals for Government on legislating for the review's recommendation that Courts set out in writing their reasons for imposing a custodial sentence;
- preparing proposals on the potential for increased use of earned remission; and
- pursuing options for an open prison for female offenders.
I have also referred the Review Group's report to the Joint Committee.
380. Deputy John Lyons asked the Minister for Justice and Equality if measures are being prepared by her Department to allow couples convert pre-existing civil partnerships to civil marriages, in the event of next year's referendum on marriage equality being passed. [48307/14]
View answer381. Deputy John Lyons asked the Minister for Justice and Equality if legislation to bring in civil marriage for same-sex couples due to be published in advance of the referendum on marriage equality will include measures to convert pre-existing civil partnerships to civil marriages. [48308/14]
View answerI propose to take Questions Nos. 380 and 381 together.
An implementation Bill will be required in order to make civil marriage available to same-sex couples in the event that the referendum is passed by the people next year. Given the requirement that the parties to a marriage give their full, free and informed consent to entering the marriage, it will not be possible to convert existing civil partnerships into marriages automatically. However, since many couples in civil partnerships may prefer to be married, the legislation will include provisions to ensure that couples in civil partnerships will be free to marry each other.
