Written Answers Nos. 324 - 340
324. Deputy Niall Collins asked the Minister for Justice and Equality if she will sanction additional resources, extra personnel and new vehicles for An Garda Síochána for the Ballycullen, Dublin 24, area to allow for effective action to be taken in respect of the recent increase in crime in the area; her views on the concern of the wider community which has been greatly affected; and if she will make a statement on the matter. [2443/15]
View answerOne of the primary functions of the Garda Commissioner under the Garda Síochána Acts, is to direct and control An Garda Síochána. The Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keeps 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 appreciate that, as with any large organisation, on any given day the number of Gardaí assigned to any station may fluctuate due, for example, to promotion, transfer, retirements and resignations. However, I have been informed by the Garda Commissioner that the personnel strength of Rathfarnham Garda Station, which patrols the area mentioned by the Deputy, on 31 December 2008 to 2013 and on the 30 November 2014, the latest date for which figures are readily available, is as set out in the table.
The Deputy will be aware that I recently secured an additional €10 million for investment in the Garda fleet, €7 million of which was made available in 2014, with the remaining €3 million being provided in 2015. The additional investment of €7 million enabled An Garda Síochána to purchase 370 new vehicles towards the end of last year. These vehicles will be allocated to Garda Divisions in line with the Garda Commissioner's operational requirements. I am advised by the Garda authorities that the needs of the Ballycullen area will be fully considered when these vehicles are being allocated.
Rathfarnham Garda Station
|
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
|
81 |
80 |
76 |
73 |
74 |
78 |
72 |
325. Deputy Lucinda Creighton asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 363 and 364 of 16 December 2014, the number of meetings between the Ministers and MAC for the years 2011 to 2014, inclusive, which were attended by special advisers and Ministers of State; and if she will make a statement on the matter. [2460/15]
View answerI wish to refer the Deputy to my reply to the previous Parliamentary Questions Nos. 363 and 364 of 16 December 2014.
By way of update, I would like to provide the following information.
Since 16 December 2014, an additional three meetings of the Management Advisory Committee took place on the following dates:
- 19 December 2014 (sub group meeting).
- 13 January 2015.
- Today, 20 January 2015.
No additional meetings of the MinMAC have taken place since the 16 December 2014.
326. Deputy Jerry Buttimer asked the Minister for Justice and Equality the amount spent by her Department on special advisers for each of the past four years; the way this compares with the four years from 2007 to 2010; and if she will make a statement on the matter. [2510/15]
View answerIn accordance with ministerial staffing limits, Ministers of the Government may appoint 2 Special Advisors. In the time period referenced by the Deputy there have been six Ministers for Justice and Equality (or equivalent allowing for changes in the title of the post):
|
Minister of Justice and Equality |
Appointment Date |
Cessation Date |
|
Michael McDowell TD |
6 June, 2002 |
14 June, 2007 |
|
Brian Lenihan TD |
14 June, 2007 |
7 May, 2008 |
|
Dermot Ahern TD |
7 May, 2008 |
20 January, 2011 |
|
Brendan Smith TD |
20 January, 2011 |
9 March, 2011 |
|
Alan Shatter TD |
9 March, 2011 |
7 May 2014 |
|
Frances Fitzgerald TD |
7 May 2014 |
Current |
Special Advisors are typically paid at the Principal Officer standard scale on a pro-rata basis to a full time officer where appropriate. The following table sets out the relevant salary scales applicable since 2007.
|
Date |
PPC (Full PRSI) Special Advisor Salary Scale |
Non-PPC (Modified PSRI) Special Advisor Salary Scale |
|
1 July 2013 (current rate) |
€79,401 - €97,194 |
€75,647 - €92,550 |
|
1 January 2010 |
€84,132 - €103,472 |
€80,051 - €98,424 |
|
1 September 2008 |
€90,702 - €112,191 |
€86,168 - €106,582 |
|
1 March 2008 |
€88,490 - €109,455 |
€84,066 - €103,982 |
|
1 June 2007 |
€86,332 - €106,785 |
€82,016 - €101,446 |
During the period concerned no Minister exceeded the number of advisors permitted.
327. Deputy Jerry Buttimer asked the Minister for Justice and Equality the amount spent by her Department on ministerial drivers and associated travel expenses for each of the past four years; the way this compares with similar expenditure for the four years from 2007 to 2010; and if she will make a statement on the matter. [2526/15]
View answerAs the Deputy will be aware, the Government introduced a number of changes for the provision of Office Holder transport during 2011. One of the consequences of that decision was that the transport arrangements in place for Ministers of State became applicable to Government Ministers, subject to very limited exceptions on security grounds. In addition, it was decided that former Presidents and Taoisigh would only be supplied with official transport for important State occasions. The revised transport arrangements came into operation for Government Ministers on 1 May 2011 and for former Office Holders on 16 June 2011.
Office Holder cars are currently placed at the disposal of the President, An Taoiseach, An Tánaiste, the Minister for Justice and Equality, the Chief Justice and the Director of Public Prosecutions.
The Garda Commissioner is the Accounting Officer for the Garda Vote. In that context, I am informed by the Garda authorities that records in relation to Office Holder transport have not been maintained in respect of individual Office Holders. However, the Garda authorities have indicated that total expenditure on the provision of Office Holder transport for the periods concerned was as outlined in the following table:
|
Year |
Expenditure |
|
2007 |
€6.818 million |
|
2008 |
€7.198 million |
|
2009 |
€7.237 million |
|
2010 |
€7.503 million |
|
2011 |
€4.595 million |
|
2012 |
€2.201 million |
|
2013 |
€2.160 million |
|
2014 |
€2.142 million |
With regard to the table, some of the costs arising in 2011 included costs associated with the service prior to and after the new transport arrangements had been fully introduced.
328. Deputy James Bannon asked the Minister for Justice and Equality the measures in place to refuse the right of citizens of other EU member states and beyond with serious criminal records from travelling into and remaining here; and if she will make a statement on the matter. [2551/15]
View answerThe Deputy will be aware that under the provisions of various EU legal instruments nationals of the EU Member States and the European Economic Area enjoy freedom of movement rights within the general area of the Union. Freedom of movement is subject to limitations and conditions and a Member State may refuse an EU national the right of entry or residence on the grounds of public policy, public security or public health. Measures affecting freedom of movement and residence must be based on the personal conduct of the individual concerned, and such conduct must represent a sufficiently serious and present threat to fundamental interests of the state.
Persons not entitled to EU freedom of movement rights are subject to separate legislation provisions regarding entry to and residence in the State. In particular, section 4 of the Immigration Act 2004 provides that an immigration officer may refuse to give permission to enter the State to a non-national under certain circumstances, including where the non-national has been convicted of an offence that may be punished under the law of the place of conviction by imprisonment for a period of one year or by a more severe penalty. A non-national may also be refused permission to land or be in the State, if an immigration officer has reason to believe that the non-national's entry into, or presence in the State, could pose a threat to national security or be contrary to public policy and also where there is reason to believe that a non-national intends to enter the State for purposes other than that expressed by him/her.
As well as the legal requirement that non-nationals seek permission to enter the State on arrival at approved ports of entry, as part of the visa application process for visa required nationals additional checks are carried out as required with An Garda Síochána and other countries' immigration and police authorities. Checks are also carried out with the UK authorities in the context of maintaining the integrity of the Common Travel Area. Visa required nationals must also declare in their visa application if they have any criminal convictions in any country.
Furthermore, where any person who is not a citizen of Ireland or the United Kingdom of Great Britain and Northern Ireland, who is resident in the State, is known or suspected to have engaged in criminal activity, An Garda Síochána may provide relevant information to the Irish Naturalisation & Immigration Service (INIS) for the purpose of consideration being given to initiating a process for the purpose of arranging for their removal from the State pursuant to section 3 of the Immigration Act 1999 or, if the person is an EU national, pursuant to Regulation 20 of the European Communities (Free Movement of Persons) Regulations 2006.
It is also the case that any person residing in or visiting the State who is alleged to have committed a criminal offence in the jurisdiction will be made amenable to and subject to the laws of the State.
329. Deputy James Bannon asked the Minister for Justice and Equality if she will provide an update on proposals to increase the numbers of gardaí in Longford town in view of its increasing population and a number of recent serious incidents; and if she will make a statement on the matter. [2552/15]
View answerOne of the primary functions of the Garda Commissioner under the Garda Síochána Acts, is to direct and control An Garda Síochána. The Garda Commissioner is responsible for the distribution of personnel 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 appreciate that, as with any large organisation, on any given day the number of Gardaí assigned to any station may fluctuate due, for example, to promotion, transfer, retirements and resignations. However, I have been informed by the Garda Commissioner that the personnel strength of Longford Garda Station on 31 December 2008 to 2013 and on the 30 November 2014, the latest date for which figures are readily available, is as set out in the following table:
Longford Garda Station
|
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
|
64 |
65 |
62 |
60 |
60 |
63 |
64 |
330. Deputy Brian Walsh asked the Minister for Justice and Equality the number of complaints received by the Irish Prison Service during each of the years 2010, 2011, 2012, 2013 and 2014; if she will provide a breakdown of the numbers with reference to the detention facility from which they were received and the category of complaint A, B, C, D, E or F. [2573/15]
View answerI wish to inform the Deputy that it is not possible to collect the information required within the timeframe allotted. This information is currently being collated and will be forwarded to the Deputy once it becomes available.
331. Deputy Terence Flanagan asked the Minister for Justice and Equality the number of persons who have been convicted of sex trafficking since 2008; and if she will make a statement on the matter. [2585/15]
View answerThe Criminal Law (Human Trafficking) Act, 2008 came into effect on 1 June 2008 making human trafficking an offence with penalties of up to life imprisonment and (at the discretion of the Court) a fine. I am assured that An Garda Síochána is pro-active in attempting to detect any breach of this law. The prevention and detection of human trafficking and the protection of victims has been a policing priority for An Garda Síochána since 2009. Comprehensive arrangements are in place for the training of Gardaí to recognise and deal with all issues relating to human trafficking.
In 2009, the Anti-Human Trafficking Unit (AHTU) of my Department initiated a data collection strategy for the purpose of gaining a more in-depth understanding of the nature and extent of human trafficking in Ireland. AHTU publishes annual reports setting out information on the criminal justice response to human trafficking in Ireland as well as information on alleged victims of human trafficking encountered by An Garda Síochána and International and Non Governmental Organisations working in the field disaggregated by gender, age, region of origin and type of exploitation. The reports are available on Ireland's dedicated anti-human trafficking website www.blueblindfold.gov.ie and on my Department's website. For the Deputy's convenience, the information sought, as outlined in these annual reports, is as follows.
The specific information sought by the Deputy is set out in the following table.
|
YEAR |
Number of Convictions related to trafficking for sexual exploitation |
|
2008 |
- |
|
2009 |
- |
|
2010 |
5 |
|
2011 |
4 |
|
2012 |
6 |
|
2013 |
8 |
|
2014 |
10 |
NOTE:
1. Convictions are in respect of offences under the Criminal Law (Human Trafficking) Act 2008 and in respect of other offences related to human trafficking under other Acts, e.g. Child Trafficking and Pornography Act, 1998, Criminal Law (Sexual Offences) Act, 1993.
2. Convictions occurring in any calendar year may be the result of prosecutions initiated in previous calendar years.
332. Deputy Terence Flanagan asked the Minister for Justice and Equality the steps being taken to target the practice of sex trafficking here; and if she will make a statement on the matter. [2586/15]
View answerStrong legislative, administrative and operational measures have been put in place to combat and prevent trafficking in human beings including for the purpose of sexual exploitation. Since 2009, trafficking in human beings has been identified by An Garda Síochána as one of the priorities in its Annual Policing Plan with a focus on the prevention and detection of human trafficking.
The Criminal Law (Human Trafficking) Act 2008 provides for penalties of up to life imprisonment and, at the discretion of the court, a fine for persons who traffic or attempt to traffic other persons including for the purpose of sexual exploitation. It also makes it an offence to sell or offer for sale or to purchase or offer to purchase any person for any purpose. Penalties of up to life imprisonment and, at the discretion of the court, a fine apply in respect of these offences. Furthermore it is an offence for a person to solicit for prostitution a person who s/he knows or has reasonable grounds for believing is a trafficked person. The penalty can be up to five years imprisonment and/or an unlimited fine on conviction on indictment.
There is a dedicated Anti-Human Trafficking Unit (AHTU) in my Department to ensure that the State's response to human trafficking is coordinated and comprehensive. In addition to this dedicated Unit there are 3 other dedicated Units in State Agencies dealing with the issue namely:
- the Human Trafficking Investigation and Co-ordination Unit in An Garda Síochána;
- the Anti-Human Trafficking Team in the Health Service Executive;
- and a specialised Human Trafficking legal team in the Legal Aid Board.
The State provides a wide range of support services to victims of human trafficking including those persons who have been trafficked for the purpose of sexual exploitation. These services include accommodation, medical care and planning, psychological assistance, material assistance, legal aid and advice, immigration and residence permissions, vocational training and education.
Specific detailed training is provided to members of An Garda Síochána. Almost 4000 members of An Garda Síochána have received awareness training in human trafficking and over 900 have participated in the in-depth training course developed jointly by An Garda Síochána and the International Organisation for Migration (IOM). A module dealing with human trafficking forms part of the training programme for all new recruits to An Garda Síochána. There are also a wide range of other training and awareness raising activities on-going and extensive consultation structures exist with up to 70 State Agencies, Non- Governmental Organisations and International Organisations.
AHTU, in partnership with Ruhama, has been successful in obtaining EU funding for a project aimed at delivering activities that promote zero tolerance of human trafficking as a form of violence against women. This project has two strands: one aimed at women at risk of sexual exploitation and another aimed at men and boys promoting zero tolerance of human trafficking as a form of violence against women. Activities under both strands of this project will occur this year.
I am committed to ensuring that the measures taken to combat human trafficking for sexual exploitation, including legislation, are adequate. To this end, on 27 November 2014, 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 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.
Unlike the existing offences relating to prostitution such as soliciting, loitering or brothel keeping, the new offences will specifically target the demand for prostitution. The purpose of this new legislation is to reduce the demand for the services of victims of human trafficking who are being sexually exploited in prostitution. My primary concern in introducing these provisions is to vindicate the human rights of those trafficked for the purpose of sexual exploitation.
333. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will publish legislation regarding ending sex trafficking and prostitution here before the term of the current Government ends; and if she will make a statement on the matter. [2587/15]
View answerOn 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.
The Bill is priority legislation and is currently being drafted. It is my intention to publish the Bill later this year.
334. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the current number of gardaí on sick leave, stress leave and career break; and if she will make a statement on the matter. [2588/15]
View answerOne of the primary functions of the Garda Commissioner under the Garda Síochána Acts is to direct and control An Garda Síochána. The Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keeps 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 number of members on sick leave and on career breaks on 16 January 2015, was as set out in the following table:
|
Type |
16 January 2015 |
|
Sick Leave |
500 |
|
Ordinary Career Break |
11 |
|
Incentivised Career Break |
110 |
In order to protect the privacy of members it would not be appropriate to disclose the reasons for absence on sick leave.
335. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the number of gardaí who have left the force per year, from 2008 to 2011; the reason for their leaving the force; and if she will make a statement on the matter. [2589/15]
View answerI have been informed by the Garda Commissioner that the number of members, broken down by rank, who have retired from the force on voluntary, compulsory or other grounds, in the years ending 31 December 2008 to 2013 and up to 19 December 2014, the latest date for which figures are readily available, is set out in the table.
Generally speaking, members of An Garda Síochána may retire on a voluntary basis once they have reached 50 years of age and have accrued 30 years service. Members must retire on compulsory age grounds on reaching the age of 60.
In actual fact, most Gardaí take voluntary retirement ahead of their compulsory retirement age. In these circumstances the Deputy will appreciate that the specific information he has sought is not readily available in the detail requested and I understand that the compilation of such information would involve a disproportionate amount of Garda time and resources.
|
Year |
Com |
D/Com |
A/Com |
C/Supt |
Supt |
Insp |
Sgt |
Gda |
Total |
|
2008 |
0 |
1 |
3 |
4 |
12 |
13 |
55 |
192 |
280 |
|
2009 |
0 |
0 |
3 |
14 |
26 |
29 |
179 |
480 |
731 |
|
2010 |
1 |
0 |
2 |
3 |
14 |
8 |
97 |
254 |
379 |
|
2011 |
0 |
0 |
3 |
8 |
22 |
19 |
106 |
286 |
444 |
|
2012 |
0 |
0 |
1 |
5 |
19 |
24 |
116 |
264 |
429 |
|
2013 |
0 |
1 |
1 |
2 |
16 |
13 |
91 |
211 |
335 |
|
2014 |
1 |
0 |
0 |
4 |
8 |
15 |
83 |
179 |
290 |
336. Deputy Ciarán Lynch asked the Minister for Justice and Equality her views on holding the marriage equality referendum on 24 April 2015, as proposed by the Union of Students in Ireland, so as to facilitate students who will be undertaking examinations the following month; and if she will make a statement on the matter. [2593/15]
View answerOn 16 December 2014, Government decided to hold the marriage equality referendum in May 2015. The necessary preparations are under way in my Department to meet this positive commitment. While I am conscious of the time pressures on students, I regret that it will not be possible to move the referendum forward for two reasons. Firstly, the Referendum Commission needs adequate time in which to undertake its essential role of informing the general public on the issues involved in the referendum. Secondly, time is needed to pass the necessary preparatory legislation for the referendum.
337. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality the role the Charities Regulatory Authority plays in regulating local not-for-profit savings clubs; if such groups are permitted to take deposits where the intention is for them to repay within a specified period; and if she will make a statement on the matter. [2628/15]
View answerThe Charities Regulatory Authority (CRA) has statutory responsibility for the registration and regulation of all charitable organisations operating in the State. There are currently no savings clubs registered as charities on the Register of Charities held by the CRA and published on its website at www.charitiesregulatoryauthority.ie.
Any application for registration as a charity received from a savings club by the CRA will be assessed as appropriate against the criteria for charitable status set out in the Charities Act.
338. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality further to Parliamentary Question No. 334 of 2 December 2014, in view of the UK Court of Appeal decision in a case (details supplied), her plans to address the ongoing delay in completing the drafting amendments required to the Spent Convictions Bill and the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 in the view of the serious and significant impact on the lives of those affected. [2632/15]
View answerThe 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. That review has been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill are currently being drafted. I anticipate that these amendments will be brought before the Oireachtas in the current session. The Bill will then be enacted at the earliest opportunity. Pending the amendment of the Act, an Administrative Filter for Garda Vetting Disclosures has been introduced, which provides that certain minor offences that are over 7 years old are no longer disclosed.
339. Deputy Finian McGrath asked the Minister for Justice and Equality her views on the new evidence presented in relation to the Stardust fire tragedy; and if she will make a statement on the matter. [2634/15]
View answerI met with the Stardust Relatives' and Victims Committee in July last 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 he has 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 and my Department complied with this request. My Department has, through the Stardust Relatives' and Victims Committee, requested that the decision to withdraw these reports be reconsidered. The Deputy will be aware that Mr. Paul Coffey SC was appointed in 2008 by the then Government, with the agreement of the Victims Committee, to review the case made by the Committee for a new inquiry into the fire. His report was published in January 2009. He concluded that the original Tribunal finding of arson was a hypothetical one only and that no-one present on the night can be held responsible. He further concluded that in the absence of any identified evidence as to the cause of the fire, the most another inquiry could achieve would be another set of hypothetical findings, which would not be in the public interest. The then Government accepted Mr. Coffey’s findings and motions were passed in both Houses of the Oireachtas endorsing his conclusions and expressing sympathy with the families.
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, as the Deputy will understand, I cannot do anything that might cut across this investigation.
340. Deputy Joe Costello asked the Minister for Justice and Equality the requirements for language schools in view of the recent court ruling on language school accreditation; and if she will make a statement on the matter. [2651/15]
View answerI am fully committed to delivering on the government's regulatory reform programme in this area as announced in September 2014 in conjunction with my colleague the Minister for Education and Skills. The Government is committed to maintaining Ireland's reputation as a high quality destination for international students whilst ensuring the integrity of the immigration system. I will continue to implement all necessary reforms to ensure that the non-EEA student immigration system functions to the benefit of bona fide students and colleges in a manner consistent with immigration requirements.
A range of options is being examined to progress the reforms in a manner consistent with the High Court decision, and without prejudice to a possible appeal.
