Written Answers Nos. 438-455
438. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality her views on the management and procurement practices in place in the prison service for major building projects in particular procurement, which should be independent and fair to all parties. [1292/15]
View answerI am satisfied that the Irish Prison Service (IPS) is committed to the principles of fair, independent and transparent procurement and achieving value for money, subject to the overriding requirement to ensure that goods and services, including the provision of major building projects, are delivered in a safe and secure manner.
It should also be noted that procurement in the IPS is subject to independent reviews by both the Internal Audit Unit of my Department and the Office of the Comptroller & Auditor General.
439. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality regarding the Cork Prison construction project if her attention has been drawn to major additions that have been made to the project specifications, which would have been known prior to the construction tender being awarded and planning permission being sought; the reason for the changes in the plans; if she will list the alterations and if they need additional planning permission; if a delay in the completion of the project will result; her views on the matter. [1293/15]
View answer440. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the tender contract award cost for Cork Prison and the current estimate for completing the contract. [1294/15]
View answerI propose to take Questions Nos. 439 and 440 together.
The New Cork prison project is a design & build project. The contractual construction cost is €33,706,391 excluding VAT.
The current estimate for completing the construction contract is €35.5m (excluding VAT). The only significant addition to the original Cork prison construction project is the inclusion of a purpose built recreation block.
The inclusion of the recreation block was a result of a review of the completed extension to Midlands Prison and detailed consideration of the feedback received from prison management. The Irish Prison Service (IPS) concluded that an insufficient amount of prisoner recreation space was provided for in the Cork prison plans as originally tendered. It was agreed that separate Recreation Halls /Areas on each landing were not adequate for the recreational needs of the proposed prisoner population in the new prison in Cork.
Accordingly, the IPS reviewed the plans for the proposed new Cork Prison in relation to the indoor recreation /amenity space provided for in the exemplar design which had been issued for tender purposes. An information notice was issued in September 2013 informing all of the shortlisted tenderers of an emerging requirement for the construction of a recreation block during the course of the project. The bidders were advised that the recreation block would be called up by way of a change order with the cost being determined in accordance with their submitted rates.
The contract was awarded in December 2013. The design of the recreation block was developed over a period of several weeks and a final design proposal was recommended to the IPS Capital Projects Oversight Board (CPOB) by the IPS Project Team. The recommendation of the Project Team, and costs for the construction of the block were approved by the CPOB in March 2014. As the block was not included in the tender scope of works it has been incorporated into the works by way of a change order. The cost of the recreation block is €1.63m exclusive of VAT.
No additional planning consent was required as the design of the additional recreation block has been developed to ensure it sits in the approved design with no material impact.
The successful bidder has fully incorporated the recreation block into their programme and consequently no delay in the completion of the project should occur due to the inclusion of this requirement. The anticipated duration of the programme is 20 months and the target date for practical completion is July 2015.
441. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the tender cost and the name of the successful firm which won the consultancy tender to manage the redevelopment of Limerick Prison and the new Cork Prison. [1295/15]
View answer442. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the number of companies who tendered for the construction and consultancy contracts for the redevelopment of Limerick Prison and the new Cork Prison. [1296/15]
View answerI propose to take Questions Nos. 441 and 442 together.
The 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 consortia 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 for Consultancy Services in relation to the construction of the new Cork Prison and the major re-development of Limerick Prison were awarded following mini tenders, in accordance with the terms of the Multi Operator Framework.
|
Contract Awarded |
Company |
Project |
Contract Value |
|
March 2012 |
Cyril Sweett Ltd |
New Development at Cork Prison |
€417,000 plus Vat |
|
September 2012 |
Rogerson Reddan &Associates |
Redevelopment at Limerick Prison |
€294,880 plus Vat |
The Irish Prison Service has confirmed the following information in relation to the redevelopment of Limerick prison and new Cork prison.
|
Tender Competition |
Successful Tenderer |
Number of Tenderers |
|
Consultancy: New Development at Cork Prison |
Cyril Sweett Ltd |
4 |
|
Consultancy: Redevelopment at Limerick Prison |
Rogerson Reddan &Associates |
4 |
|
Construction: New Cork Prison |
PJ Hegarty |
6 |
|
Construction: Redevelopment at Limerick Prison |
No contract awarded |
7 Prequalification stage |
443. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality if the full details of the Limerick consultant's tender award including criteria and so on have been published; her views that the tendering process fully complied with the e-tendering criteria, including that the full scope of contract is advertised at tender stage. [1297/15]
View answerThe Irish Prison Service 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.
The contract, for the appointment of the Limerick consultants, was awarded following a mini competition from this framework. The process fully complied with etendering criteria and the tender documents included the scope of the redevelopment project as known at that time.
444. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the figure on which the contracts were awarded on the Cork and Limerick development projects; the amount paid to date to the consultants' firms; and the estimated final payments for both contracts. [1298/15]
View answerThe Director General of the Irish Prison Service has advised me in relation to this matter and has supplied me with the following information in relation to the consultants’ contracts awarded for the Cork and Limerick development projects.
|
Company |
Project |
Contract Value |
Total Amount Paid |
Projected Final Cost |
|
Cyril Sweett Ltd |
New Development at Cork Prison |
€417,000 excl VAT |
€584,197 incl VAT |
€579,630 excl VAT |
|
Rogerson Reddan &Associates |
Redevelopment at Limerick Prison |
€294,880 excl VAT |
€401,249 incl VAT |
Unknown |
The Director General of the Irish Prison Service further advises me that there has been a change in the scope from the original works envisaged when the Consultants tender issued in 2012.
These additional works include, inter alia, a requirement to realign the boundary of the IPS prison extension site to accommodate the then emerging design for the new Limerick Regional Courts Complex which is to be built on an immediately adjacent site to Limerick prison; the decision to construct a new stand alone secure female prison facility for the Munster region on the site which resulted in a requirement to relocate the car park and trades workshops and stores in order to facilitate the development of the new female prisoner accommodation unit. The revised scope also includes a plan to incorporate an enhanced outdoor recreation area and yards, including a new Astro turf facility for 5- a-side football, a green area for horticultural activities, and a facility for handball.
The extent of these works were not envisaged at the time of the original consultants tender in 2012. However, provision is made in the Consultancy Tender to facilitate a change in the scheme through the brief development stage. As part of the tender process, tenderers were required to provide specific rates in relation to the project which were applied to changes in scope.
The estimated final payments for the Limerick development projects cannot be accurately estimated at this time as final approval for the project has not yet been granted. Work is continuing on finalising the design for the redevelopment of Limerick prison.
445. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality if her attention has been drawn to if a complaint received at the time that the cost of the Limerick consultants tender was abnormally low; and if this has been proved correct. [1299/15]
View answerI am informed that, in advance of the contract in question being awarded, a request for review of the recommendation of the Irish Prison Service’s (IPS) Tender Evaluation Board was made to my Department as the Sanctioning Authority by an unsuccessful Tenderer.
The review request was dealt with in accordance with the procedures set out in section 9.4 of the Instructions to Tenderers. An independent peer review was carried out by a senior official in my Department.
I can confirm that the independent review concluded that the award of the contract, as recommended by the IPS Tender Evaluation Board, was entirely appropriate and that the issue was considered in a robust, timely and proportionate manner by the Evaluation Board.
446. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the last occasion on which services for prison building consultants were openly advertised for tender; when the current consultants' and builders' panels were last appointed; if the panels have expired; if so, from what date; if they have been renewed and opened up for competition to the industry. [1300/15]
View answerI wish to draw the Deputy's attention to Parliamentary Question no 441& 442 of today's date which outlines the required details in respect of the Construction Consultancy Framework.
In December 2009, the Irish Prison Service 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. The Framework Agreement for Consultancy services expired in December 2013.
As it was not anticipated that there would be any major construction projects, other than Cork and Limerick commencing in the immediate future, a decision was taken not to retender for a new framework agreement. However, if requirements change, the IPS will tender for construction consultancy services in compliance with Irish and European procurement requirements and regulations.
In relation to builders’ panels, the Construction Framework panel was appointed in February 2012 for a three year term with the option to extend for a further 12 months.
A separate Small Works Framework, for projects under €250,000 was established in September 2012 for a three year term with the option to extend for a further 12 months.
447. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality if she will provide a list of all projects and individual items of work awarded to building consultants under the consultants' framework, to firms by the Irish Prison Service over the past three years with the name of each firm, the date of each award and the contract amount in each case. [1301/15]
View answerI wish to draw the Deputy's attention to Parliamentary Question 441 and 442 of today's date which outlines the required details in respect of the Construction Consultancy Framework.
The following contracts were awarded by the Irish Prison Service to building consultants 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.
Mini competitions from the Consultancy Framework Agreement
|
Details of Mini Tender Competition |
Date of Contract Award |
Value |
Consultant |
|
New Development at Cork Prison |
27 March 2012 |
€417,000 plus Vat |
Sweett Group |
|
Limerick Prison Redevelopment - Feasibility Study |
8 March 2012 |
€12,590 plus Vat |
Clifton Scannell Emerson Associates |
|
Refurbishment of Mountjoy A Wing |
16 October 2012 |
€42,565 plus Vat |
Sweett Group |
|
On- Site Management of Mountjoy B Wing Refurbishment |
7 March 2012 |
€29,850 plus Vat |
Sweett Group |
|
Estates Technical Support |
10 June 2013 |
€89,145 plus Vat |
Sweett Group |
|
Redevelopment at Limerick Prison |
20 September 2012 |
€294,880 plus Vat |
Rogerson Reddan |
|
Mountjoy Campus |
10 June 2013 |
€228,350 plus Vat |
Sweett Group |
|
Portlaoise D Wing Demolition |
8 October 2013 |
€18,702 plus Vat |
Sweett Group |
|
Portlaoise E Wing |
17 September 2013 |
€67,612 plus Vat |
Sweett Group |
|
Wheatfield Work Training Building |
17 September 2013 |
€20,652 plus Vat |
Sweett Group |
448. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality if full details of the complaints, challenges, legal and otherwise received by the Irish Prison Service in the past three years regarding procurement and tendering issues with the outcome and resolution process adopted in each case is published; and if not, the reason for same. [1302/15]
View answerThe Irish Prison Service uses the standard template documents for procurement of goods, services and works as prescribed by the Office of Government Procurement and adheres fully to the procedures set out therein. There is no requirement to publish the details, outcomes or resolution processes relating to challenges and complaints regarding procurement. All issues are clearly dealt with in accordance with the procedures set out in each invitation or request for tender.
449. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality in view of the child and family rights Bill if she will return to the original definition of assisted reproduction, as otherwise certain children will be excluded; and if she will make a statement on the matter. [1355/15]
View answerI refer to my response to Parliamentary Question no. 352 of 16 December 2014. As I indicated in that response, the reason that the General Scheme requires the assisted reproduction treatment to be carried out in a clinical setting is because there is very clear case-law on the situation of a donor father where the treatment takes place outside a clinical setting to the effect that he has all the rights of a father to apply for guardianship and access. The requirement for the treatment to be carried out in a clinical setting will enable the respective rights of a child, a birth mother, a father or second female parent and any donor to be safeguarded as clear procedures can be put in place regarding the consent of the parties to the treatment.
As I also pointed out in that response, there are other provisions in the General Scheme which would enable a couple who have had a child through non-clinical assisted reproduction both to have a legal relationship with the child.
450. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the reason a centre (details supplied) is not in receipt of funding from her Department while at the same time being requested to cater for former prisoners by the prison and probation services, many of whom would be homeless without the support offered by the centre; if she will review the work it does and consider it for resources. [1363/15]
View answerI understand the centre referred to provides residential drug rehabilitation services for persons in need of such addiction services but that offenders are not referred to this facility by the Probation Service. The Service does however liaise with the centre when it happens that one of its clients is also in receipt of services there.
While it is recognised that substance abuse and addiction is a contributing factor to offending behaviour, the Deputy may wish to note that the Health Service Executive (HSE) is the established principal provider and funding body of medical and non-medical services for both illicit drug and alcohol use delivered through its Social Inclusion Services.
451. Deputy Seán Kenny asked the Minister for Justice and Equality the position regarding the Garda community text alert scheme in the Garda R and J Districts; and if she will make a statement on the matter. [1380/15]
View answerThe Garda Text Alert Scheme, which was launched in September 2013, has developed as an important crime prevention mechanism with over 500 local groups involving in excess of 100,000 subscribers and with an estimated 200,000 text messages sent each month under the scheme. I am informed that every Garda Division, rural and urban, now offers the text alert service and An Garda Síochána have published guidelines to assist in the establishment and operation of local groups.
I have requested a report from the Garda authorities in relation to the particular localities referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
452. Deputy Michael Healy-Rae asked the Minister for Justice and Equality when the proposed register of charities is likely to be enacted; and if she will make a statement on the matter. [1385/15]
View answerThe Charities Regulatory Authority (CRA) was established on 16 October 2014, under the Charities Act 2009. The Register of Charities, which can be accessed through the website of the Authority, www.charitiesregulatoryauthority.ie, was published on the same date.
The Register of Charities currently includes charities that have been deemed registered by the CRA under section 40 of the Charities Act by virtue of the charitable tax exemptions previously granted to them by the Revenue Commissioners. Charities that did not have charitable tax exempt status from Revenue on 16 October 2014 cannot be automatically registered by the CRA under section 40. These charities must apply separately to the CRA for inclusion on the Register of Charities. Applications can be made through the website of the CRA. Charities established prior to 16 October 2014 must submit their application for registration to the CRA before 16 April 2015.
453. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the number of prisoners currently on temporary release broken down by prison; the type of offence the prisoner was convicted of; and if she will make a statement on the matter. [1407/15]
View answerThe information requested by the Deputy is set out in the tables below.
On 13 January 2015 there were 536 prisoners (12.4%) on temporary release across the prison system. This included 136 prisoners who were serving less than 3 months solely for the non-payment of a Court ordered fine and 199 prisoners who were on structured temporary release programmes such as the community return Programme or Community Support Scheme.
The legislative basis for making decisions on temporary release are fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.
A prisoner may apply through the prison Governor for consideration for temporary release. Their family or their legal representative can also apply for consideration of such a concession. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation made by the prison authorities and/or therapeutic services is to that effect. Each application is considered on its individual merits and a number of factors are taken into account when making a decision on whether to grant temporary release including:
- the nature and gravity of the offence to which the sentence being served by the person relates;
-the sentence concerned and any recommendation made by the Court in relation to the sentence imposed;
- the period of the sentence served by the person;
- the potential threat to the safety and security of the public should the person be released;
- the person's previous criminal record;
- the risk of the person failing to return to prison at the expiration of the period of temporary release;
- the conduct of the person while in custody or while previously on temporary release;
- any report or recommendation made by the Governor, the Garda Síochána, a Probation & Welfare Officer, or any other person whom the Minister considers may be of assistance in coming to a decision as to whether to grant temporary release;
- the risk that the person might commit an offence during any period of temporary release;
- the risk of the person failing to comply with any of the conditions of temporary release;
- the likelihood that a period of temporary release might accelerate the person's reintegration into society or improve his prospects of obtaining employment.
The Deputy will be aware that the Irish Prison Service Three Year Strategic Plan 2012-2015 and the Joint Prison Service/Probation Service Strategic Plan 2013-2015 includes working towards the objective of ensuring that all prisoners released early from custody are placed on appropriate structured programme of temporary release.
The Community Return Scheme is an initiative whereby carefully selected prisoners, serving sentences between 1 year and 8 years, can be granted reviewable temporary release coupled with a requirement to do community service work such as painting, gardening or graffiti removal in a supervised group setting. The type of work involved is intended to assist the community and the scheme is involved with a large number of charitable organisations and local community groups.
In addition to Community Return, a community Support Scheme has also been introduced to reduce the current recidivism rates of short term prisoners by arranging for additional support structures post release and by providing for a more structured form of temporary release.
Table 1. Breakdown by Establishment
|
Establishment |
Total |
|
Castlerea Prison |
39 |
|
Cloverhill Remand Prison |
22 |
|
Cork Prison |
97 |
|
Limerick Prison |
70 |
|
Loughan House Place Of Detn. |
16 |
|
Midlands Prison |
50 |
|
Mountjoy Prison ( Female) |
33 |
|
Mountjoy Prison ( Male ) |
108 |
|
Portlaoise Prison |
4 |
|
Shelton Abbey Place Of Detn. |
7 |
|
Training Unit Place Of Detn. |
26 |
|
Wheatfield Place of Detention |
64 |
|
Total |
536 |
Table 2. Breakdown by Offence Group
|
Offence Group Description |
Total |
|
Homicide Offences |
2 |
|
Attempts/Threat to Murder, Assaults, Harassments and Related Offences |
55 |
|
Dangerous or Negligent Acts |
24 |
|
Kidnapping and Related Offences |
3 |
|
Robbery, Extortion and Hijacking Offences |
23 |
|
Burglary and Related Offences |
24 |
|
Theft and Related Offences |
85 |
|
Fraud, Deception and Related Offences |
11 |
|
Controlled Drug Offences |
157 |
|
Weapons and Explosives Offences |
8 |
|
Damage to Property and the Environment |
8 |
|
Public Order and Social Code Offences |
20 |
|
Road and Traffic Offences |
88 |
|
Offences re Government, Justice Procedures and Organisation of Crime |
8 |
|
Offences Not Elsewhere Classified |
20 |
|
Total |
536 |
454. Deputy Niall Collins asked the Minister for Justice and Equality the total prison population; the number of prisoners in tabular form, broken down by prison; the capacity of each prison within the State; the percentage occupation of each prison; and if she will make a statement on the matter. [1408/15]
View answerI can inform the Deputy that on 13 January , 2015, there were 3,648 prisoners in custody as compared to a bed capacity of 4,126. This represents an occupancy level of 88%. A full breakdown to include, capacity, number in custody and percentage of bed capacity is set out in the following table.
|
Institution |
Bed Capacity |
Number in Custody |
% of Bed Capacity |
|
Mountjoy Campus |
|||
|
Mountjoy (M) |
554 |
532 |
96% |
|
Mountjoy (F) |
105 |
99 |
94% |
|
Training Unit |
96 |
91 |
95% |
|
St Patrick’s |
34 |
10 |
29% |
|
West Dublin Campus |
|||
|
Cloverhill |
431 |
350 |
81% |
|
Wheatfield |
550 |
459 |
83% |
|
Portlaoise Campus |
|||
|
Midlands |
870 |
782 |
90% |
|
Portlaoise |
291 |
224 |
77% |
|
Cork |
210 |
228 |
109% |
|
Limerick (M) |
220 |
211 |
96% |
|
Limerick (F) |
28 |
25 |
89% |
|
Castlerea |
340 |
288 |
85% |
|
Arbour Hill |
142 |
139 |
98% |
|
Loughan House |
140 |
107 |
76% |
|
Shelton Abbey |
115 |
103 |
90% |
|
Totals |
4,126 |
3,648 |
88% |
As outlined in the Irish Prison Service Three Year Strategic Plan, it is intended to align the capacity of our prisons with the guidelines laid down by the Inspector of Prisons , in so far as this is compatible with public safety and the integrity of the criminal justice system. This has been completed for 9 out of the 14 prisons in the State. The number in custody on 15 January (3,648) represented 92% of the Inspector of Prisons recommended total of 3,982.
In relation to Cork Prison, a contract for the construction of a new prison to replace the existing facility was awarded late last year and construction began in January, 2014 with a completion date on the third quarter of 2015.
The Deputy will be aware that the average number of prisoners in custody in Ireland rose from 3,321 during 2007 to 4,318 during 2012, an increase of over 30%. Likewise the total number of committals to prison also rose sharply during the same period, from 11,934 in 2007 to 17,026 in 2012 – an increase of over 43%.
2013 saw the first significant decrease in prison numbers since 2007. There were 15,735 committals to prison in 2013 which was a decrease of 7.6% on the 2012 figure. The overall daily average number of prisoners in custody has also dropped in recent years. The average number in custody for 2014 was 3,916 a reduction of 10.8% on the 2011 average of 4,390.
The Deputy may wish to note that the number in custody reached a peak of 4,621 on 23 February 2011. Today there are 973 less prisoners in custody which represents a decrease of 21%.
455. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the number of successful applications for personal insolvency arrangements, debt settlement arrangements and debt relief notices per year since the coming into force of the Personal Insolvency Act 2012; if she will provide the number of applications refused for same; and if she will make a statement on the matter. [1409/15]
View answerAs the Deputy is aware, the Insolvency Service of Ireland (ISI) began accepting cases in September 2013. The ISI releases its statistics on a quarterly basis and the most up to date figures reflecting Quarter 4 of 2014 were published today on their website www.isi.gov.ie. 2014 was the ISI’s first full year of operation and during that time almost 1000 debt solutions were approved, comprising 547 alternatives to bankruptcy and 448 bankruptcy cases.
In the case of Debt Relief Notices (DRNs), 100% of applications made were successful. There is no creditors meeting and no DRNs were rejected by the ISI or the Courts. 85% of Debt Settlement Arrangements (DSAs) were successful and 71% of Personal Insolvency Arrangements (PIAs) were successful.
Overall, 75% of DSAs and PIAs were successful. It is encouraging that three out of four cases are being supported by creditors and the number of PIAs - the solution that deals with mortgage debt and aims to keep the debtor in their home - approved in Q4 increased by 148% over Q3 and also exceeded the previous three quarters combined.
Successful applications 2014
|
DRN |
DSA |
PIA |
Total |
|
251 |
97 |
199 |
547 |
Unsuccessful applications 2014
|
DRN |
DSA |
PIA |
Total |
|
0 |
18 |
81 |
99 |
Successful applications 2013 (September to December)
|
DRN |
DSA |
PIA |
Total |
|
0 |
1 |
0 |
1 |
Unsuccessful applications 2013 (September to December)
|
DRN |
DSA |
PIA |
Total |
|
0 |
0 |
0 |
0 |
The ISI launched a number of initiatives last autumn through its ‘Back on Track’ campaign, (www.backontrack.ie) including the waiving of application fees until the end of 2015. Through these initiatives, activity levels are expected to continue to increase.
