Written Answers Nos. 195-205
195. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when an application for family reunification will be decided in respect of the spouse of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [5403/15]
View answerI am advised by the Irish Naturalisation and Immigration Service of my Department that there is no current application for family reunification in respect of the spouse of the person referred to by the Deputy.
It is open to the person concerned to make an application for a visa at any time. Guidelines regarding the visa application procedures are available on the website of the Irish Naturalisation and Immigration Service at www.inis.gov.ie.
Queries in relation to general matters may be made directly to INIS by email using the Oireachtas Mail facility which as been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
196. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will facilitate the update of a stamp 4 in the case of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [5404/15]
View answerI am informed by the Naturalisation Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State under the arrangements then in place for the non-EEA national parents of Irish born citizen children. Officials in my Department granted him a further period of twelve months permission to remain in the State on a stamp 4 basis, which is due to expire on 24 March, 2015. The person concerned should make a written application one month prior to this expiry date, with supporting documentation, for further renewal of his residency to the INIS, PO Box 10003, Dublin 1.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.
197. Deputy Terence Flanagan asked the Minister for Justice and Equality if Garda numbers provided include those on career breaks and maternity leave and so on; the total personnel strength of a Garda station; and if she will make a statement on the matter. [5447/15]
View answerAs 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.
I have been informed by the Garda Commissioner that the personnel strength of An Garda Síochána on 31 December 2014, the latest date for which figures are readily available, was 12,799. Of this number, there were 98 members on career breaks, 102 on maternity leave and 31 on unpaid maternity leave.
198. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will provide an update regarding her plans not to have gardaí carry out administrative work; her plans to recruit civilians to do this work; and if she will make a statement on the matter. [5448/15]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of all personnel, including civilian staff, 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 all resources.
Civilians have always worked in An Garda Síochána and there have been significant increases in their numbers in recent years from 1,688 at the end of 2007 to approximately 2,054 (whole time equivalents) as of the 31 December 2014. Civilians are employed in a wide range of management, administrative, technical and operational duties covering such positions as Chief Administration Officer, Executive Director of Finance, Crime Analysts, Head of Legal Affairs, clerical officers, photographers etc. A civilian Executive Director of Human Resources and Personnel Development was appointed at the end of 2014. I also recently received sanction from the Minister for Public Expenditure and Reform for the filling of a number of priority civilian posts either by open recruitment or internal promotion competition.
Apart from the posts outlined and the administrative support duties in Garda stations and offices, civilianisation has also enabled the establishment or expansion of some vital services which are wholly or largely provided by civilian staff – including the Garda National Immigration Bureau, the Garda Information Service Centre, the Garda Central Vetting Unit, the Fixed Charge Processing Office, the civilianisation of the Call Taking function in the Command and Control Centre and most recently the appointment of Immigration Control officers in Dublin airport.
We will continue to maximise the number of civilian support staff in An Garda Síochána so that highly trained Gardaí can be released from administrative tasks to frontline operational policing.
199. Deputy Terence Flanagan asked the Minister for Justice and Equality the number of new gardaí recruited during the past ten years; the number of gardaí who have retired during the past ten years; and if she will make a statement on the matter. [5449/15]
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.
I have been informed by the Garda Commissioner that the number of intakes and departures (which includes retirements, resignations and dismissals) to and from An Garda Síochána on 31 December 2005 -2014 and on 31 January 2015, the latest date for which figures are readily available, is as set out in the table:
|
Year |
‘05 |
‘06 |
‘07 |
‘08 |
‘09 |
‘10 |
‘11 |
‘12 |
‘13 |
‘14 |
‘15 |
|
Intakes |
1,125 |
1,114 |
1,026 |
926 |
200 |
0 |
0 |
0 |
0 |
200 |
100 |
|
Departures |
462 |
403 |
289 |
341 |
776 |
407 |
480 |
462 |
335 |
291 |
21 |
201. Deputy Terence Flanagan asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding bail laws; and if she will make a statement on the matter. [5451/15]
View answerA decision to grant bail in a particular case is a matter for the court, which is, subject only to the Constitution and the law, independent in the exercise of its judicial functions. There is a constitutional presumption in favour of bail because, in the eyes of the law, a person is innocent until proven guilty. The provisions of the European Convention on Human Rights also restrict the extent to which the right to bail can be limited.
Prior to the Sixteenth Amendment of the Constitution, bail could be refused essentially only on the grounds that the accused person would be likely to abscond or interfere with witnesses or evidence. Section 2 of the Bail Act 1997, which gave effect to the Sixteenth Amendment of the Constitution, permits the courts to refuse bail to a person charged with a serious offence where refusal of bail is reasonably considered necessary to prevent the commission of a serious offence by that person. A “serious offence” is an offence listed in the Schedule to the Bail Act that is punishable by at least five years imprisonment.
In exercising its jurisdiction under section 2 of the Bail Act, a court is required to take into account the following matters:
(a) the nature and degree of seriousness of the offence with which the accused person is charged and the sentence likely to be imposed on conviction,
(b) the nature and degree of seriousness of the offence apprehended and the sentence likely to be imposed on conviction,
(c) the nature and strength of evidence in support of the charge,
(d) any conviction of the accused person for an offence committed while he or she was on bail,
(e) any previous convictions of the accused person,
(f) any other offence in respect of which the accused person is charged and is awaiting trial.
If one or more of the foregoing matters is taken into account, the court may also take into account the fact that the accused person is addicted to a controlled drug within the meaning of the Misuse of Drugs Act 1977.
As regards reform of the bail laws, I can inform the Deputy that the preparation of the General Scheme of a Bail Bill to modernise the law on bail is at a very advanced stage and I intend to bring proposals to Government on the matter in the coming weeks.
While the primary aim of the proposed Bail Bill is to consolidate and update bail law, I wish to take the opportunity to seek, as far as is possible, within the constraints of the Constitution and the jurisprudence of the European Court of Human Rights, to focus the legislation on the protection of the individual and of the public. The intention is that the new provisions will provide better guidance to the courts on how such protection might be provided. The new Bill will seek to improve the operation of the bail system and make the law as effective as possible in protecting the public against the commission of offences by persons on bail.
202. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to reform the Prison Service; and if she will make a statement on the matter. [5452/15]
View answerThe Irish Prison Service Strategy Statement 2015 - 2018 is currently being developed in consultation with our staff at headquarters, those based in prisons, and other stakeholders in the criminal justice system and will set out the overall high level objectives and key strategic actions the Irish Prison Service intends to take during the period 2015 - 2018.
On 17 September 2014 published the report of the Penal Policy Review Group. The report presents a penal policy which aims to make Ireland a safer and fairer place. The rehabilitation and reintegration of offenders resulting in their desistance from crime is seen as the key to making Ireland safer. The report sets out the adoption of a penal policy with the dual purposes of punishment and rehabilitation both in the imposition and management of criminal sanctions. It also sets out a road map for the strategic development of penal reform into the future which will help modernise and shape how, we as a society, deal with some of the most complex issues involved in criminal justice and penal reform policy.
Some of the report's recommendations can be implemented in the short to medium term, while others will require a more long term approach. As an initial step, the Government agreed, in principle, to proceed immediately with the implementation of a number of key recommendations including the bringing forward of legislative proposals to establish the Parole Board on an independent statutory basis: preparing proposals and options for an open prison for female offenders. Work is currently underway to implement these recommendations.
The Strategy Statement 2015 - 2018 will set out how the Irish Prison Service, along with other statutory, community and voluntary sector partners, will implement the Report's recommendations to help reduce offending, improve opportunities for reintegration, improve outcomes more generally and to commit to treating each other fairly, with courtesy, respecting personal dignity, regardless of their role and background, as part of the prison community. These principles will be at the heart of what we set out to achieve as we continue to build and harmonise policy and service delivery.
The Strategy Statement 2015 - 2018 will build on the current Strategy which set out a challenging range of commitments in respect of our mission to provide safe and secure custody, dignity of care and rehabilitation to prisoners for safer communities.
I am pleased to note that some key targets have already been met, most notably overcrowding has been eliminated in Mountjoy Prison and priority has been given to reducing overcrowding in Cork, Limerick and the Dochas Centre. On 12 December 2014 the numbers in custody was 3,725. This compares to 4,244 on 12th December 2012.
In conjunction with the Probation Service, the Irish Prison Service has continued the national roll out of the Community Return Programme, an incentivised scheme for earned temporary release under which carefully selected offenders can be granted structured temporary release in return for supervised community service. This co-operative approach is a direct result of the Joint Strategy published with the Probation Service which aims to deliver more effective offender management. This enhanced integration between both services is the realisation of the commitment in the Programme for Government to ensure better coordination in order to create an integrated offender management programme. 1,216 prisoners have taken part in the Community Return Programme since October 2011, and 909 have completed the programme. In addition to Community Return, the Community Support Schemes have been set up in Cork Prison, Mountjoy Campus, West Dublin Campus and Limerick Prisons, the aim of which is to reduce recidivism rates by arranging for additional support structures and provide for a more structured form of temporary release. At present there are 70 persons on temporary release with over 220 prisoners released onto this Scheme having successfully completed their sentences.
I am proud that these positive initiatives are being taken during my time as Minister for Justice and Equality. Over the lifetime of the proposed Strategy for 2015 - 2018, the Irish Prison Service will continue to build on progress it has made and will continue to promote respect for human rights, dignity and respect.
I intend to launch the Irish Prison Service and the Probation Service Strategy Statements in May 2015.
203. Deputy Sean Fleming asked the Minister for Justice and Equality the number of staff from her Department or agencies under her remit working out of a Government building at a location (details supplied) in County Laois; and if she will make a statement on the matter. [5593/15]
View answerThe Deputy may note that there are currently 11 staff based in Government Buildings, Abbeyleix Road, Portlaoise. All of these staff work in the Probation Service.
204. Deputy Finian McGrath asked the Minister for Children and Youth Affairs the position regarding social services in respect of a family (details supplied) in Dublin 17; and if he will make a statement on the matter. [5307/15]
View answerAs the Deputy will appreciate, it would not be appropriate for me to comment on an individual case. I have referred the details of this case to the Child and Family Agency for attention, having regard to its statutory responsibility in this area.
205. Deputy Terence Flanagan asked the Minister for Children and Youth Affairs if consideration will be given to a matter (details supplied) regarding the mother and baby homes inquiry (details supplied); and if he will make a statement on the matter. [5185/15]
View answerAs the Deputy will be aware, the Terms of Reference for the Mother and Baby Home Investigation and certain related matters have been approved by Cabinet and both Houses of the Oireachtas last month. Details in respect of the Commission are available on my Department’s website including a number of explanatory documents. My Department is currently advancing arrangements with Judge Yvonne Murphy to establish the Commission as soon as possible.
The Commission is tasked with thoroughly examining the experience of mothers and children who were resident in 14 named Mother and Baby Homes and a sample of County Homes. The Commission is required to address seven distinct questions related to the practices and procedures regarding the care, welfare, entry arrangements and exit pathways for residents of these institutions. In accordance with the Terms of Reference approved by Government, the investigation will cover the period 1922-1998 – over three quarters of a century. It is important to appreciate the scale of this investigation which will potentially involve tens of thousands of mothers and children who resided in these homes during the period.
I am satisfied that the independent Commission has sufficient scope to examine a broad range of concerns, and to make a determination on their relevance to the central issues in question, and where appropriate to make any recommendations to me which the Commission deems necessary. In this regard, I hope that this will reassure those who feel that the process to date may not have fully uncovered information relevant to their specific circumstances.
