Written Answers Nos. 130-137
130. Deputy Clare Daly asked the Minister for Justice and Equality the decision-making process she relied upon to reach her decision to deny one third remission in respect of a person (details supplied); if the incentivised regimes status and reports factored in reaching her decision in these matters, or if it was a political decision. [48706/14]
View answerI wish to advise the Deputy that the application by the prisoner (details supplied) for enhanced remission was considered under Rule 59 (2) of SI 252 of 2007 (the Prison Rules). This occurred prior to my recent amendment to the Rules.
While the prisoners incentivised regime level was not taken into account, the application was considered by reference to a number of other factors including his behaviour and conduct while incarcerated, the nature of the offence, the level and nature of his engagement in authorised structured activities and the views of an Garda Síochána.
I can confirm that the decision not to grant an enhanced rate of remission was taken solely on objective grounds.
131. Deputy Brendan Smith asked the Minister for Justice and Equality if she will ensure that adequate resources are provided to the Independent Commission for the Location of Victims' Remains in view of the very important and necessary work that is undertaken by this commission; if she will provide an assurance to the families of the six persons whose remains have not yet been located that this work will retain the highest priority in view of the murder of innocent persons and the grief and suffering inflicted on so many families; and if she will make a statement on the matter. [48707/14]
View answerThe Independent Commission for the Location of Victims’ Remains (ICLVR) was established by the Irish and British Governments in 1999 to facilitate the location of the remains of a number of people who were killed and buried secretly by paramilitary organisations during the troubles. They have become known as the disappeared.
The ICLVR was among the actions taken in the context of the Peace Process to acknowledge and address the suffering of the victims of violence as a necessary element of reconciliation. The families of the Disappeared have had to bear a very particular cruelty in not only having to face the loss of a loved one, but having been denied for so long information regarding the burial places of their loved ones.
The ICLVR, with the support of the two Governments, has worked tirelessly over the years in pursuit of its task and it continues to so do. Its sole aim is to locate the victims’ remains in order that they may be returned to their families to receive a decent burial and that the families will then have a grave at which to grieve and to remember. While the remains of a number of the disappeared have been recovered, there are still six victims whose remains have yet to be located. The ICLVR is continuing its inquiries in relation to these cases and I can assure the families of my and the Government's full support for this ongoing humanitarian work.
I know the Deputy will join with me in encouraging anyone with information that could help to locate those still missing to give that information to the ICLVR without delay – contact details are on the ICLVR’s website www.iclvr.ie . I would emphasise that all information provided to the ICLVR is treated as strictly confidential and, by law, can only be used to locate and identify the remains of victims. The Government remains strongly committed to the aim of locating these victims and returning their remains to their families. I call on all others to help to bring it about.
132. Deputy Clare Daly asked the Minister for Justice and Equality with regard to Garda appointments, the reason there seems to be a preference provided to sergeants who were involved in office-bound duties being promoted to the rank of inspector ahead of their peers who carry out front-line duties on a day-to-day basis. [48715/14]
View answerPromotion competitions within An Garda Síochána are run in strict compliance with An Garda Síochána (Promotion) Regulations 2006, as amended.
I have been informed by the Garda Commissioner that all members who apply for and are eligible for promotion are invited to take part in a competency based interview. This interview is conducted by an independent interview board comprising two civilian members and one Garda member.
The interview board conducts interviews to select the most suitable candidates for promotion. Preference is not given to members based in any particular section or unit within An Garda Síochána.
Promotions are also subject to the Commission for Public Service Appointments Code of Practice “Appointments to positions in the civil service and public service”.
133. Deputy Gabrielle McFadden asked the Minister for Justice and Equality the number of complaints of petrol stretching received by the Garda districts in counties Westmeath and Longford respectively in each of the months since May 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. [48724/14]
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.
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.
I set out in the table, for the Deputy's information, the material sought concerning complaints of petrol stretching in the particular Garda Districts, as provided to me by the Garda Authorities.
I can further inform the Deputy that all of the reported incidents remain under investigation and that to date no charges have been brought nor files submitted to the Office of the Director of Public Prosecutions.
|
Month |
- |
Number of Incidents |
|
- |
Longford |
Westmeath |
|
May |
0 |
0 |
|
June |
0 |
0 |
|
July |
0 |
0 |
|
August |
0 |
2 |
|
September |
2 |
1 |
|
October |
2 |
1 |
|
November |
0 |
6 |
|
December |
0 |
1 |
|
Total |
4 |
11 |
134. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 271 of 25 November 2014, if she is precluded from releasing the information required therein in the case of a person (details supplied) in County Laois; if so, on what basis, legal or otherwise; and if she will make a statement on the matter. [48745/14]
View answerThe policy of my Department with regard to the provision of information in respect of individual applications for asylum or subsidiary protection and the legal basis underpinning this policy was fully explained in my letter to the Deputy dated 31 May, 2014. That letter referenced Section 19 (1) of the Refugee Act, 1996 which states that "The Commissioner, the Board, the Tribunal, the Minister, the Minister for Foreign Affairs and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential". Section 19(2) goes on to provide that no matter likely to lead members of the public to identify a person as an applicant under this Act shall be published in a written publication available to the public or be broadcast without the consent of that person.
135. Deputy Clare Daly asked the Minister for Justice and Equality her views on statements from her Department that there is no evidence of Irish involvement in CIA renditions when they have been provided evidence of CIA rendition planes passing through Shannon. [48747/14]
View answerI am aware of reports going back some time that Irish airports, particularly Shannon, have been used for the unlawful inter-state transfer of detainees (‘extraordinary rendition’) by the US authorities.
The Government has repeatedly made it clear that extraordinary rendition is an illegal practice which Ireland will not accept. The US authorities have provided clear and unambiguous diplomatic assurances, at the highest level, that Irish airports have not been and would not be used for the purpose of extraordinary rendition. The Government is fully entitled to rely on these assurances.
There is no question of the State having been complicit in the practice of extraordinary renditions.
The recent report of the US Senate related to torture and renditions does not, I am pleased to note, mention Ireland in this regard.
Statutory powers of search and entry are bestowed upon the Garda Síochána under various legislative provisions and when authorised by a judge. However, these powers are exercised in circumstances where a member of the Garda Síochána reasonably suspects that an offence has occurred. These powers can only be used, therefore, where a Garda has a reasonable suspicion supported by some evidence. The mere assertion of wrongdoing by a member of the general public is clearly insufficient in this regard. The Garda Síochána has investigated a range of complaints of alleged unlawful activity at Shannon Airport and, where appropriate, files have been submitted to the Director of Public Prosecutions. In all these cases, no further action was found to be warranted, owing to a lack of any evidence of unlawful activity.
Any person with credible information that Irish airports have been used for any alleged unlawful purpose should report their concerns to the Garda Síochána.
136. Deputy John Perry asked the Minister for Children and Youth Affairs the reason the Health Service Executive in Sligo has failed to provide services to a child (details supplied) in County Sligo despite the fact that after two years of waiting for these services, it has failed to communicate anything to the parent of the child despite continual requests; and if he will make a statement on the matter. [48651/14]
View answerI have requested the information from the Child and Family Agency and I will revert to the Deputy when this information is to hand. As the Deputy may appreciate, I will be limited in my response as it is not customary to comment on individual cases.
137. Deputy Niall Collins asked the Minister for Children and Youth Affairs the actions his Department has taken to allow for the implementation of the Istanbul Convention; if his Department has any engagement with the Department of Justice and Equality on this matter; and if he will make a statement on the matter. [48568/14]
View answerThe signature and ratification of the Council of Europe Convention on Preventing and Combating Violence Against Women i.e. the Istanbul Convention, has been the subject of engagement between my Department and the Department of Justice and Equality.
While signing the Convention, as a first step towards ratification, will of itself impose no obligations on Ireland, it is prudent to be aware of the legislative, administrative or other issues which will require attention prior to Ireland being in a position to ratify the Convention.
The current position is that my Department is nearing completion of its consideration of the provisions of the Convention with a view to assisting in establishing Ireland's capability to fully meet the obligations that arise for Parties to the Convention. The action my Department has taken to date in that connection has involved examination of relevant articles of the Convention from a legal perspective and consultation with the Child and Family Agency in relation to the services it provides for the care and protection of victims of domestic, sexual and gender-based violence.
It is my intention to convey my views in the matter to my colleague the Minister for Justice and Equality at an early date.
