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Thursday, 18 Dec 2014

Written Answers Nos. 280-303

Proposed Legislation

Questions (280)

Terence Flanagan

Question:

280. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to introduce new regulation for cash for gold shops; and if she will make a statement on the matter. [48968/14]

View answer

Written answers

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. It is my intention to publish this RIA for consultation in early 2015.

Garda Station Refurbishment

Questions (281)

Terence Flanagan

Question:

281. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to refurbish Garda stations in Dublin; and if she will make a statement on the matter. [48969/14]

View answer

Written answers

The programme of refurbishment of Garda accommodation is based on agreed accommodation priorities which are established by An Garda Síochána. This programme is progressed by An Garda Síochána in co-operation with the Office of Public Works, who have responsibility for capital expenditure in this area.

In that context, I am informed by the Garda authorities that a programme of cell refurbishment is currently underway at a number of Garda stations, including Crumlin, Raheny, Ballymun and Lucan Garda Stations. In addition, the second phase of a significant refurbishment project at Dundrum Garda station commenced in June of this year. This will provide for a new public office, parade room, custody suite and office accommodation in addition to male and female changing facilities and a canteen.

I am also advised that plans for the construction of a new Garda Station at Kevin Street are at an advanced stage.

Proposals for further refurbishment works at Garda stations in the Dublin Metropolitan Region will be examined in the context of An Garda Síochána's identified accommodation priorities and the availability of funding within the vote of the Office of Public Works.

Garda Transport Provision

Questions (282)

Terence Flanagan

Question:

282. Deputy Terence Flanagan asked the Minister for Justice and Equality the new cars and vehicles that have been purchased for Garda R and J districts for the past five years; her plans for same; and if she will make a statement on the matter. [48970/14]

View answer

Written answers

The 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. Responsibility for the efficient deployment of Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations, as required by operational circumstances.

I am advised by the Garda authorities that the allocation of Garda vehicles at District and Divisional level is subject to ongoing monitoring and review to ensure that the optimum use is made of available resources and that the best possible Garda service is provided to the public. In that context, I am advised by the Garda authorities that the number of new vehicles allocated to the Districts R and J for the periods concerned was as shown in the table:

-

As of 16/12/14

2013

2012

2011

2010

R District

4

1

2

2

0

J District

3

2

1

2

0

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.

Garda Deployment

Questions (283)

Terence Flanagan

Question:

283. Deputy Terence Flanagan asked the Minister for Justice and Equality the number of community gardaí by rank involved in community policing for Garda R and J districts; her views on the rostering plan in place; and if she will make a statement on the matter. [48971/14]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, including community Gardaí, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

The Deputy will be aware that all Gardaí have responsibility, inter alia, to deal with community policing issues as and when they arise. Community policing is the underpinning philosophy and ethos through which An Garda Síochána delivers a service across the country. In that context, I have been informed by the Garda Commissioner that the full complement of personnel assigned to Coolock (R) District and the Raheny (J) District on the 31 October 2014, the latest date for which figures are readily available, was as set out in the table.

District

Gardaí

Community

Reserve

Civilians

Coolock (R)

212

30

20

14

Raheny (J)

163

9

14

8

Proposed Legislation

Questions (284)

Terence Flanagan

Question:

284. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding the mediation Bill; the contents of same; and if she will make a statement on the matter. [49013/14]

View answer

Written answers

My intention is to publish the Mediation Bill in the next session and thereafter to proceed quickly with enactment of the legislation. The Bill will contain provisions designed to promote mediation as a viable, effective and efficient alternative to court proceedings, thereby reducing legal costs for the parties, speeding up the resolution of disputes, and relieving the stress involved in court proceedings.

Proposed Legislation

Questions (285)

Terence Flanagan

Question:

285. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to introduce legislation to set a maximum tree height limit similar to the UK, to avoid disputes among neighbours; and if she will make a statement on the matter. [49014/14]

View answer

Written answers

Difficulties experienced by property owners arising from trees and high hedges on neighbouring land were raised in both the Dáil and Seanad during passage of the Land and Conveyancing Law Reform Act 2009. My Department consulted on the matter with the Law Reform Commission and it took the view that unreasonable interference caused by high trees or hedges was a matter in any particular case for tort law or more generally for planning or environmental law.

In England and Wales, for example, legislation makes provision for local authorities to determine complaints by the owners or occupiers of domestic property who are adversely affected by evergreen hedges over 2 metres high. Broadly similar legislation, i.e. the High Hedges Act (Northern Ireland) 2011, came into operation in Northern Ireland on 31 March 2012.

The manner in which problems associated with high hedges and trees are resolved in both England and Wales and Northern Ireland demonstrates a clear preference for the resolution of such disputes at local level, preferably by mediation, with recourse to the courts only as a last resort. This reduces the risk of prolonged and costly litigation, and the further risk that court proceedings could leave a legacy of bitterness between neighbours and ill-feeling in the local community. The introduction of such legislation in this jurisdiction would be a matter for the Minister for the Environment, Community and Local Government and his Department.

Under our existing law, a person may be in a position to seek damages or an injunction requiring the cutting of boundary hedges or trees under the tort of nuisance. In order for the nuisance to be actionable, the person would have to show that an easement existed and that there had been a substantial interference with that right.

Departmental Programmes

Questions (286)

Terence Flanagan

Question:

286. Deputy Terence Flanagan asked the Minister for Justice and Equality the priorities in her Department for the remainder of the term of this Government; and if she will make a statement on the matter. [49027/14]

View answer

Written answers

My Department is committed to implementing the priorities set out in the Programme for Government and in the Statement of Government Priorities 2014 - 2016, which was published by the Taoiseach and the Tánaiste last July. These will form the basis for the work of my Department for the remainder of this Government's term of office.

Delivering the comprehensive Justice Reform Programme which is aimed at enhancing the administration and oversight of policing is a key priority. This includes establishing the Policing Authority and strengthening the remit and powers of the Garda Síochána Ombudsman Commission.

Other commitments in the Statement of Government Priorities include the reform of judicial appointments procedures; progressing the work of the Working Group on the Protection Process; advancing the Protection Bill for enactment early next year aimed at reducing the length of time applicants spend in the Direct Provision System; developing the arrangements in place relating to personal insolvency; taking further steps to ensure that all State boards have at least 40% of each gender; the holding of a referendum on marriage equality (including drafting the necessary legislation to amend the Constitution) and progressing the Children and Family Relationships Bill which is aimed at bringing legal clarity to the parentage, guardianship and custody of children living in a range of family situations.

The priorities arising from the Programme for Government are to implement a number of the key recommendations of the Penal Policy Review Group; the civilianisation of certain immigration functions; the completion, in cooperation with the United Kingdom Home Office, of the worldwide rollout of the British Irish Visa Scheme; the completion of the Legal Services Regulation Bill with the coming into operation of the new Legal Services Regulatory Authority in the first half of 2015; and publication of the Judicial Council Bill. As regards criminal law, the priorities include strengthening the law on corruption and sexual offences (including grooming) as well as implementing the EU Directive on Victims. My Department will also be developing a new strategy on Domestic, Sexual and Gender-based Violence for 2015 onwards.

In addition, I will continue to progress the full implementation of the recommendations of Judge Quirke regarding benefits for those women who were admitted to and worked in the Magdalen laundries.

I am also committed to taking forward the recommendations of the recent Garda Inspectorate Report on Crime Investigation and its report on the Fixed Charge Processing System, as well as the review of An Garda Síochána under the Haddington Road Agreement. Furthermore, the resumption of Garda recruitment with a total of some 300 recruits coming into training in Templemore will make an important contribution, not only to the reform of An Garda Síochána, but to the ongoing task of protecting our communities.

All of this work will be supported by the process of organisational renewal underway in my Department, following the Report of the Independent Review Group (the Toland Report - July 2014), the implementation of which is itself a priority.

Stardust Fire

Questions (287)

Terence Flanagan

Question:

287. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will provide the detail of her recent meeting with the Stardust victims committee; if the inquiry will be reopened in view of new evidence presented to her; and if she will make a statement on the matter. [49047/14]

View answer

Written answers

I met with the Stardust Relatives' and Victims Committee in July of this year and this meeting provided an opportunity for me to hear their concerns at first hand. At that meeting the Committee and their representatives set out, in some detail, their concerns in relation to the Inquiries into this matter that have been undertaken previously and some related financial issues that have arisen. I indicated to the Committee that, while I am prepared to examine matters they wish to bring to my attention, I am anxious that no unrealistic expectations about what can be achieved are raised. Following that meeting, I appointed an official in my Department to liaise with the Committee and they have engaged with the Committee and their representatives in relation to these matters. With regard to the question of any new evidence that might warrant the consideration of a further inquiry, two reports compiled by a researcher associated with the Committee were submitted to my Department since my meeting with the Committee. However, subsequently the researcher concerned requested the return of these reports; my Department complied with this request. My Department has requested that the decision to withdraw these reports be reconsidered so that the reports can be the subject of examination in my Department.

I wish also to inform the Deputy that allegations raised by the Stardust Relatives' and Victims Committee and their representatives in relation to certain matters are the subject of an ongoing investigation by An Garda Síochána. I am informed, by the Garda Commissioner, that this is a complex investigation and, you will understand, I cannot do anything that might cut across this investigation.

Garda Investigations

Questions (288)

Terence Flanagan

Question:

288. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding the investigation into a crime (details supplied); and if she will make a statement on the matter. [49048/14]

View answer

Written answers

I am of course aware of the issues connected with the tragic case referred to and which have been raised by the family over a number of years. To enable me to respond fully to the Deputy's request I am seeking an updated report from the Garda authorities and I will contact him directly when this is to hand.

Garda Station Refurbishment

Questions (289)

Brendan Smith

Question:

289. Deputy Brendan Smith asked the Minister for Justice and Equality the position regarding the proposals to provide new accommodation for Bailieborough Garda district headquarters, County Cavan; the stage of this particular project; when the project is expected to proceed to the next stage; when construction is likely to commence; the estimated cost of this building project; if financial provision is made in her Department's Estimate for 2015 to enable construction to commence; and if she will make a statement on the matter. [49065/14]

View answer

Written answers

The programme of refurbishment of Garda accommodation is based on agreed accommodation priorities which are established by An Garda Síochána. This programme is progressed by An Garda Síochána in co-operation with the Office of Public Works, who have responsibility for capital expenditure in this area.

In that context, I am informed by the Garda authorities that the provision of a new District Headquarters in Bailieborough will continue to be pursued in the context of An Garda Síochána's identified accommodation priorities and in the light of available resources within the Vote for the Office of Public Works.

Visa Applications

Questions (290)

Caoimhghín Ó Caoláin

Question:

290. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality regarding spouses of Irish nationals, the number of joint spouse visa applications and applications for permission to remain that have been refused on financial grounds since the introduction of the family reunification guidelines, by nationality of the applicant. [49072/14]

View answer

Written answers

Around 140 applications for Irish entry visas for the purpose of joining Irish spouse or partners, out of a total of around 840 such applications, have been refused to date in 2014 i.e. since the coming into force of the Family Reunification Guidelines on 1 January 2014. These applications would have been refused for a range of reasons, including, in some cases, the financial capacity of the Irish national sponsor. It would not be possible to provide the breakdown sought by the Deputy without the examination of the file of each individual application which would require the expenditure of an inordinate amount of staff time and resources which could not be justified.

In respect of permission to remain applications, INIS received 416 such applications for residency arising from marriage to an Irish national for the period between 01 January 2014 to 30 November 2014. During this period of time, only 19 applications were refused. None were refused solely on financial grounds since the introduction of the family reunification guidelines referred to by the Deputy.

Crime Data

Questions (291)

Catherine Murphy

Question:

291. Deputy Catherine Murphy asked the Minister for Justice and Equality regarding stolen firearms, if statistics are available indicating the proportion of all firearms recorded as stolen that are in cases where such firearms were taken from a licenceholder; if she will provide this ratio for each year in the past ten years; and if she will make a statement on the matter. [49103/14]

View answer

Written answers

I have asked the Garda Commissioner for a report in relation to the matter and will write to the Deputy when I have further information.

Firearms Licences

Questions (292)

Catherine Murphy

Question:

292. Deputy Catherine Murphy asked the Minister for Justice and Equality in view of the court challenges which are mounted against a refusal to award a firearms licence, if she will indicate the cost to the State of court proceedings in these matters since 2009; and if she will make a statement on the matter. [49106/14]

View answer

Written answers

The Deputy will appreciate that firearms legislation provides for an appeal to the District Court where a firearms licence has been refused by An Garda Síochána. I am informed that the information sought regarding such cases is not readily available to An Garda Síochána or the Courts Service. The work required to collate this information would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources.

Departmental Staff Career Breaks

Questions (293)

Barry Cowen

Question:

293. Deputy Barry Cowen asked the Minister for Justice and Equality if she will provide, in tabular form, the number of staff in her Department currently on a sabbatical-career break broken down by zero to six months, six to 12 months, one to two years, two to three years, four to five years and more than five years; and if she will make a statement on the matter. [49130/14]

View answer

Written answers

I can inform the Deputy that, as of 16 December, 2014, the numbers of staff in my Department on career break is as set out in a table. The information is provided in tabular format as requested and, while not requested by the Deputy, I have also included information for staff on career break in the 3-4 year category. The Deputy should note that the term sabbatical is not utilised in the context of leave granted to staff.

Length of time on career break

Number of officers

0-6 months

5

6 months - 1 year

6

1-2 years

17

2-3 years

14

3-4 years

9

4-5 years

25

5 years plus

1

Total

77

Departmental Expenditure

Questions (294)

Barry Cowen

Question:

294. Deputy Barry Cowen asked the Minister for Justice and Equality if she will provide, in tabular form, the total photography costs for her Department since coming to office inclusive of costs incurred from use of the ministerial allowance; the occasions for which photographers were booked; the photographers used; the breakdown of costs associated with each occasion that a photographer was used; if there is a policy regarding the booking of photographers within her Department; and if she will make a statement on the matter. [49145/14]

View answer

Written answers

The photography costs incurred by my Department from the date of my appointment on the 8th May to date are €553.50.

I can inform the Deputy that photographic services are only used by my Department to mark and provide a record of significant occasions. Consideration is given at all times to the costs involved and best value for money is always a priority when sourcing such services.

Occasion

Photographer

Cost

Appointment of Chief Executive Designate to Charities Regulatory Authority

Maxwell Photography Ltd

€123.00

First Board Meeting of the Charities Regulatory Authority

Maxwell Photography Ltd

€275.52

Promote safety on fireworks night

Maxwell Photography Ltd

€154.98

Total

€553.50

Public Relations Contracts Data

Questions (295)

Barry Cowen

Question:

295. Deputy Barry Cowen asked the Minister for Justice and Equality if she will provide, in tabular form, the use of external public relations firms employed by her Department since coming to office; the list of uses of the external public relations firm; the internal Department policy with regard to employing external groups; and if she will make a statement on the matter. [49160/14]

View answer

Written answers

During the period in question, my Department has not incurred any costs in relation to the provision of public relations services. It is my Department's policy to use in house resources as much as possible and to restrict the use of external groups to a minimum.

Departmental Expenditure

Questions (296)

Barry Cowen

Question:

296. Deputy Barry Cowen asked the Minister for Justice and Equality the total amount spent on external IT consultants by her Department in 2010, 2011, 2012, 2013 and to date in 2014; and if she will make a statement on the matter. [49175/14]

View answer

Written answers

Expenditure by my Department on external IT consultants for the years in question was as follows:

2010 - €0

2011 - €0

2012 - €25,601

2013 - €35,383

2014 - €57,299

Departmental Expenditure

Questions (297)

Barry Cowen

Question:

297. Deputy Barry Cowen asked the Minister for Justice and Equality if her Department has renegotiated external IT consultancy contracts and costs since March 2011; and if she will make a statement on the matter. [49190/14]

View answer

Written answers

My Department has not re-negotiated any external IT consultancy contracts and costs since March 2011.

Appointments to State Boards

Questions (298, 308)

Barry Cowen

Question:

298. Deputy Barry Cowen asked the Minister for Justice and Equality if she will provide the number of appointments to State boards under her Department's remit made since March 2011 to date; the number of vacancies on State boards under her Department's remit since March 2011 to date; the number of vacancies on State boards under her Department's remit publicly advertised since March 2011 to date; and the number of appointments to State boards under her remit drawn directly from the public advertisement process. [49206/14]

View answer

Niall Collins

Question:

308. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide, in tabular form, all appointments made by her to State boards since taking office; the qualifications held by those persons making them appropriate for that office; and if she will make a statement on the matter. [49356/14]

View answer

Written answers

I propose to take Questions Nos. 298 and 308 together.

The information sought by the Deputies is set out below in so far as it is available. However, I wish to advise the Deputies that it is not feasible to provide all the information sought by them in relation to appointments since March 2011 to State Boards under my remit.

In relation to the public advertising of vacancies and the qualifications of those appointed, the Deputies will be aware that there are many constraining factors which impact on the filling of vacancies to State Boards. Board vacancies are not always advertised on the Public Appointments Service (PAS). Many are advertised on the Department's website or the websites of the organisations concerned. The Deputies will also be aware that there are many cases where legislation requires that a vacancy must be filled by candidates holding certain qualifications or must be nominated by certain prescribed bodies and in such instances public advertisement of the vacancy is usually not necessary. Other than that I am not in a position to provide further information as in order to do so it would be necessary to disaggregate every single appointment made since 2011 and the resources are simply not available to undertake this task. However, to the extent possible I have provided below a narrative account of the vacancies filled since 2011 and the manner in which they were filled.

The Deputies may wish to note that the term 'State Boards' is somewhat imprecise as it includes bodies with a wide and diverse range of functions many of which would not fall into the more commonly understood definition of Board which is a body with a governance oversight of an organisation. To be of assistance to the Deputies I have interpreted his question as embracing all bodies called Boards, irrespective of their functions, as well as other bodies with a governance remit whose title does not include the term “Board”.

Charities Regulatory Authority Board

The Charities Regulatory Authority was established on 16 October 2014. A total of sixteen appointments have been made, all of which were drawn from the public advertisement process. There are currently no vacancies.

Children Detention Schools Board of Management

One appointment was made to the Children Detention Schools Board of Management. The position was not advertised as the appointment was made under Section 167(4)(a) of the Children Act 2001 as amended, which requires at least one officer of the Minister. The person appointed was a civil servant.

The Deputies should note that responsibility for the Children Detention Schools Board of Management moved to the Department for Children and Youth Affairs on 1 January 2012.

Classification of Films Appeal Board

The terms of office of the most recent iteration of the Classification of Films Appeal Board expired in April 2013 and accordingly there are nine vacancies to be filled. I intend to fill these positions from a public advertisement process in early 2015.

Courts Service Board

The Courts Service Board has seventeen members, it is chaired by the Chief Justice and includes eight other judges, the CEO of the Courts Service, persons nominated by the Law Society, Bar Council and ICTU, an elected staff representative and three persons nominated by the Minister for Justice. Thirty vacancies occurred. There have been twenty-eight appointments, four of which were individuals nominated by myself or my predecessor Mr. Alan Shatter, T.D. including two civil servants from my Department.

Garda Síochána Arbitration Board

The Garda Síochána Arbitration Board is appointed by the Government and consists of a Chairperson, a member nominated by the representatives associations and a member nominated by the Government. The Chairperson is appointed on the nomination of the Ministers for Justice & Equality and Public Expenditure & Reform in agreement with the representative associations. Four vacancies occurred and four appointments were made to the board.

Garda Síochána Complaints Board

Nine appointments were made to board on 10 April, 2012. These positions were not advertised. Eight of the outgoing members were re-appointed as the Board, which has been replaced by the Garda Síochána Ombudsman Commission, only had a few outstanding cases on hands at that time. The outstanding cases have now been finalised and the necessary steps to close the Board are now being put in place. The ninth appointee is a civil servant.

Judicial Appointments Advisory Board

Thirteen vacancies occurred. Twelve appointments were made to the Judicial Appointments Advisory Board. The Board consists of 10 members, it is chaired by the Chief Justice and includes three other judges, the Attorney General, persons nominated by the Law Society and Bar Council and three persons nominated by the Minister for Justice and Equality. Five of the appointments were individuals nominated by myself or my predecessor Deputy Shatter.

Legal Aid Board

Fifteen vacancies occurred. Of the fifteen appointments to this Board, nine were civil or public servants.

Mental Health (Criminal Law) Review Board

Five vacancies occurred. Five appointments were made to the Mental Health (Criminal Law) Review Board.

National Disability Authority (NDA)

One vacancy occurred in 2013. One appointment was made to the board of the National Disability Authority (NDA). The appointment was made after seeking expressions of interest of which my Department received twelve applications. This appointment was to a public applicant.

In 2014, thirteen appointments were made to the board of the National Disability Authority (NDA). Expressions of interest were publicly sought prior to these appointments being made. Of these thirteen appointments, two appointments were made from nominations of relevant Ministers, as prescribed in the National Disability Authority Act 1999, one appointment of an elected member of the staff of the NDA (also a requirement of the Act) and to respondents to the call for expressions of interest.

Parole Board

One vacancy currently exists, while eleven previous vacancies occurred. There were eleven appointments made to the Parole Board.

Private Security Appeal Board

Four vacancies occurred. The Government appointed four people on 3 April, 2012. The proposed Chairperson appeared before the Joint Committee on Justice, Equality and Defence.

Private Security Authority (PSA)

Eleven vacancies occurred. Eleven appointments were made out of which seven positions were advertised as the remaining four positions, in accordance with the relevant legislation, are to be nominated representatives from my own Department, the Department of Jobs, Enterprise and Innovation, An Garda Síochána and the PSA itself. Following an invitation for expressions of interest, a total of twenty-nine applications were received. Seven appointments were made.

Property Registration Authority

A total of ten appointments were made from March 2011 to date, of which five were drawn from the public advertisement process. Of the remaining five appointments made, one was nominated by the Law Society, one was nominated by the Bar Council, one was an elected staff representative and one was an Officer of my Department, in accordance with the Registration of Deeds and Title Act 2006. The Chairman was re-appointed in November 2014 having regard to continuity in the ongoing work underway to effect the merger of the Property Registration Authority, the Valuation Office and Ordnance Survey Ireland. There is currently one vacancy, which I intend to fill shortly from the list of applicants who responded to the public advertisement process.

Property Services Appeal Board

A total of six appointments were made from March 2011 to date, all of which were drawn from the public advertisement process. There is currently one vacancy arising from the recent resignation of the Chairperson. I intend to fill this Board position from a public advertisement process in early 2015.

Property Services Regulatory Authority

A total of eleven appointments were made from March 2011 to date. Of these appointments, ten were drawn from the public advertisement process and one is an Officer of my Department in accordance with the Property Services (Regulation) Act 2011. There are currently no vacancies.

Irish Human Rights and Equality Commission

On 8 September 2011, the Government decided to merge the Human Rights Commission and the Equality Authority to establish a new Irish Human Rights and Equality Commission (IHREC) to promote human rights and equality issues in a more efficient, effective and coherent way.

The fourteen outgoing members of the Equality Authority accepted reappointment in September 2011 for a further term which concluded at the end of July 2012.

In the case of the Human Rights Commission 3 Commissioners were appointed by a Government Decision on the 20 December 2011 and their term expired on 31 May, 2012.

The Working Group established to advise on the practical issues in relation to the establishment of a new merged Commission recommended that an Independent Selection Panel be set up for the purpose of appointing new and future members of this Commission. This is in line with a fundamental requirement of the Paris Principles that the members of the IHREC be independent and that the selection process be independent of Government.

In November 2012, advertisements inviting expressions of interest for the position of Chief Commissioner and of "ordinary" members appeared in the media. The Independent Selection Panel forwarded its recommendation of fourteen names in March 2013. While the persons recommended could not be appointed to the IHREC in advance of the required legislation being enacted and commenced, the Government appointed fourteen individuals as members of the Human Rights Commission and subsequently they were appointed as members of the IHREC when the legislation was enacted, on a three-year and five-year basis to ensure that the terms of office of all members of the new Commission will not come to an end at the same time so as to preserve institutional continuity.

On 31 May, 2013, my predecessor Mr Alan Shatter, T.D. appointed twelve of their number to the Board of the Equality Authority, under the Employment Equality Act 1998, as amended, on an interim basis of three years, but which expired when the Bill to establish the IHREC was enacted and commenced and the two Bodies were dissolved.

Emily Logan was nominated by PAS as Chief Commissioner of the IHREC and at a Government meeting on 18 July 2014 Ms. Logan was appointed on an interim basis as President of the Human Rights Commission pursuant to section 5 of the Human Rights Commission Act 2000. She was also appointed as Chair of the Equality Authority pursuant to section 41 and 42 of the Employment Equality Act 1998.

The Irish Human Rights and Equality Commission Act 2014 which passed both Houses of the Oireachtas was signed by the President on 27 July 2014. Her formal appointment and the formal appointment of the other fourteen members to the new IHREC were made by the President on the 31 October 2014 following the passing of motions in both Houses of the Oireachtas on 23 October 2014.

Future selection of persons to serve as members of the IHREC will be vested in the Public Appointments Service (PAS) as provided for in the IHREC Act 2014.

Freedom of Information Requests

Questions (299)

Barry Cowen

Question:

299. Deputy Barry Cowen asked the Minister for Justice and Equality if she will provide, in tabular form per annum from 2009 to date in 2014, the total number of freedom of information requests received by her Department; the total refused; total granted; total part-granted; total appealed; total successful appeals; total part-successful appeals; total refusals; and if she will make a statement on the matter. [49248/14]

View answer

Written answers

I would refer the Deputy to my response to PQ 29072/14 answered on 8 July 2014 which provided statistics from 2009 up until the end of June 2014. The table provides up-dated statistics from January 2014 to end of November 2014. This data also includes the number of requests which are ongoing.

Year

Number received

Number Granted

Number Part Granted

Number refused

Number Appealed

Number Granted or Decision set aside

Number Part Granted

Number of Appeals Refused

2014

786

168

376

129

64

40

7

28

I wish to point out to the Deputy that the figure for the number of Freedom of Information requests received each year also includes number of requests which were transferred, withdrawn and/or handled outside the Act. It is for this reason that the figures referring to the overall number of requests received, do not equate to the figures granted/part granted/refuse for each year.

Departmental Reports

Questions (300)

Barry Cowen

Question:

300. Deputy Barry Cowen asked the Minister for Justice and Equality if she will provide, in tabular form, per annum all external consultant reports commissioned by her Department since March 2011; the costs per report; the company involved; the title of the report; and the publication date. [49263/14]

View answer

Written answers

I wish to inform that Deputy that the information requested is contained in the table:

Year

Title of Report

Consultancy Firm

Cost of Report (€)

Publication Date

2011

Security Review - Penetration Testing

RITS Bianconi Research Ltd

10,083

Not for Publication

2011

Audit of Security arrangement for State Visits in 2011 and associated costs

Capita Consulting

6,598

Not for Publication

2011

Feasibility study into Circles of Support and Accountability for Ireland, 2011 (Probation)

Eustace Patterson Ann Clarke

€9,983

December 2011

2011

Drug and Alcohol Misuse among Adult Offenders on Probation Supervision in Ireland

Michelle Martyn

€9,958

May 2012

2011

Follow up audit on HR payroll procedures.

Mazars

5,955

Not for Publication

2011 & 2012

Strategy Development - Quality control process to review and assist in implementing audit recommendations to ensure effective internal controls in financial management and payroll systems

Tribal/Helm taken over by Capita

44,227

Not for Publication

2012

Review of the Implementation of the National Strategy on Domestic, Sexual and Gender based Violence 2010-2014

The Institute of Public Administration

24,539

December 2012

2012

An audit on the Financial Shared Service Payroll and Financial Management Systems - these are specialist audits to ensure that these key systems have effective internal controls in place

Mazars

12,677

Not for Publication

2012

Department of Justice and Equality Safety Statement, May 2012, 51 St. Stephen's Green, Dublin 2

Safecon Training and Consultancy

984

Not for Publication

2012

Report on the Workshop of National Traveller Committees

Mr. Owen McCarthy

2,450

November 2012

2012

Software Asset Management 360 Microsoft Baseline Report

SAM360/OpenPlain

6,458

Not for Publication

2012

Security Review - Penetration Testing

RITS Bianconi Research Ltd

6,874

Not for Publication

2012

Report on 'Ethnicity and Travellers: An Exploration' conference proceedings

Mr. Owen McCarthy

2,200

December 2012

2012

National evaluation report on the results and impacts of actions co-financed by the European Refugee Fund concerning the period 2008-2010.

Capita Consulting

14,760

(This is the joint cost of this report and the one immediately following. No individual costs.)

Not published to date.

2012

National evaluation report on the results and impacts of actions co-financed by the European Fund for the Integration of third-country nationals concerning the period 2007-2010.

Capita Consulting

SEE ABOVE

Not published to date.

2012

Audit of AISIP

CAPITA

4,920

Not for Publication

2012

Audit of ICT Shared Services in Justice

CAPITA

9,225

Not for Publication

2012

Audit of ICT in Probation Service

CAPITA

3,997

Not for Publication

2012

An audit on the Financial Shared Service Payroll and Financial Management Systems

Mazars

12,677

Not for Publication

2013

Equality for Women Measure - Impact Evaluation Study

RSM McClure Watters

34,820

ex VAT

Not for Publication

2013

IT Infrastructure Architecture Report

Hibernia Everos

24,631

Not for Publication

2013

Strategy Development - Audit on ICT in FSS. These are specialist audits to ensure that key systems have effective controls in place

CAPITA

3,338

Not for Publication

2013

Dignity at Work in the Irish Prison Service - Report on Staff Perceptions

Jacinta Kitt and Sue Corbett

10,500

June 2014

2014

Facilitators Reports of the Workshop on Irish Sign Language held on 14 December 2013

The Communications Clinic Ltd

1,374

Not for Publication

2014

Analysis of text for final Review of National Strategy on Domestic, Sexual and Gender-based Violence 2010-2014

University of Limerick

5,786

November 2014

2014

Facilitation of and Reporting on a Consultative Forum for the National Strategy on Domestic, Sexual and Gender-based Violence on 17 November 2014

Ms. Maureen P. Lynott

4,900

Not published to date

2014

Information Security Expert Opinion provided to Minister

RITS Bianconi Research Ltd

10,096

Not for Publication

2014

Information Security Expert Opinion

RITS

5,623

Not for Publication

2014

Evaluation of the Stable and Acute 2007 Risk Assessment and Supervision Model in Use in Ireland and Northern Ireland (Probation)

Professor Tim Trimble, TCD

12,373

paid to date

Not yet completed

2014

Review of Irish Prison Service ICT Security

RITS

29,410

Not published externally

2014

Healthcare Audit for the Irish Prison Service in Arbour Hill, Dochas, Limerick and Cork

Kennedy Roberts

6,389

Not published externally

Departmental Staff Expenses

Questions (301)

Barry Cowen

Question:

301. Deputy Barry Cowen asked the Minister for Justice and Equality if she will provide, in tabular form, the total amount spent per annum in 2011, 2012, 2013 and to date in 2014 on staff subsistence payments and taxi payments; if her Department has been audited for tax compliance on these payments and other benefits-in-kind; if these processes have been revised in view of Revenue Commissioners' concerns over practices in other State bodies; and if she will make a statement on the matter. [49329/14]

View answer

Written answers

I can inform the Deputy that the total amount spent per annum in 2011, 2012, 2013 and to date in 2014 in my Department on staff subsistence payments and staff taxi payments is as follows:

-

Subsistence

Taxi Costs

-

2011

427,581

46,501

2012

364,233

30,242

2013

437,169

34,514

2014

152,268

28,480

All travel and subsistence payments are in compliance with the Department of Public Expenditure and Reform circulars. All payments are approved by managers before the payments are processed. Expenditure levels are monitored on a regular basis by the financial management unit and audits are carried out to ensure that expenditure is in compliance with the circulars and has a business justification. It should be noted that in 2013 Ireland held the EU Presidency and officials in my Department were involved in chairing some 190 Council Working Party meetings as well as representing the Council in negotiations with the European Parliament which gave rise to increased travel and subsistence costs.

Departmental Legal Costs

Questions (302)

Barry Cowen

Question:

302. Deputy Barry Cowen asked the Minister for Justice and Equality the total legal costs incurred by her Department in 2011, 2012, 2013 and estimated in 2014. [49344/14]

View answer

Written answers

I have set out for the Deputy's information the legal costs incurred by my Department which also includes information relating to the Irish Prison Service and the Probation Service. You will be aware that much of the legal advice provided to my Department comes from Chief State Solicitor's Office (CSSO) and the Office of the Attorney General and, as such, does not incur a cost to my Department's budget. Detailed is a yearly breakdown of total legal costs which include Tribunal and settlement costs, other party legal costs, costs incurred in obtaining legal services sought and paid for by Department together with other legal costs paid by the Department.

Year

Total (€) (m)

2011

14.5

2012

10.3

2013

9.1

2014 (to date)

6.3

Garda Data

Questions (303)

Niall Collins

Question:

303. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide, in tabular form, a county breakdown of the number of gardaí assigned by station in December 2009, 2010, 2011, 2012, 2013 and to date in 2014; the number of Garda cars assigned by station in those years; and if she will make a statement on the matter. [49350/14]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel and transport among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

I have been informed by the Garda Commissioner that the personnel strength of each station in the country broken down by District and Division on 31 December 2009, 2010, 2011, 2012, 2013 and on 31 October 2014 was as set out in spreadsheets which I have arranged to be forwarded to the Deputy. The information in the format, as requested by the Deputy, in relation to a breakdown of the fleet, is not readily available and would require a disproportion use of Garda time and effort to extract the relevant information and cannot be justified at this time, however, the breakdown of Garda fleet by Division is provided.

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