Written Answers Nos. 363-380
363. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 363 of 3 February 2015, the specific grounds on which application for naturalisation was refused in the case of a person (details supplied) in Dublin 14; and if she will make a statement on the matter. [5972/15]
View answerA foreign national who is married to, or is the civil partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where the applicant has been continuously resident in the island of Ireland for the year immediately prior to the date of his or her application and has in addition been resident in the island of Ireland for two out of the four years prior to that year.
The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
An application for a certificate of naturalisation from the person referred to by the Deputy was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) on 19 November, 2014. On examination of the application submitted it was determined that the person in question did not have total residence in the island of Ireland of three years in the five years immediately prior to the date of application and therefore did not satisfy the statutory residency requirements as set out in the Act and referred to above. The person concerned was informed of this by letter on 20 January, 2015.
It is open to the individual referred to by the Deputy to lodge a further application for citizenship if and when he is in a position to meet the prescribed statutory requirements. The on-line Naturalisation Residency Calculator available on the INIS website at www.inis.gov.ie can be used as a guide to whether an individual satisfies the naturalisation residency conditions and, if not, give an indication of how long they should wait before making an application.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
364. Deputy Terence Flanagan asked the Minister for Justice and Equality her views on a matter (details supplied) regarding homicide; and if she will make a statement on the matter. [5974/15]
View answerI will shortly be meeting with representatives of AdVIC, Advocates for Victims of Homicide, to hear from them first hand about their proposals for policy change. In relation to the items listed in the Deputy's question I reply under the following headings.
1. A state appointed victim liaison officer for families of homicide victims
I am not satisfied that the operation of a separate scheme parallel to the existing Garda Family Liaison Officers would prove in the best interests of providing an effective service in this area.
2. Garda Family Liaison Officer (FLO) scheme to be extended to all districts and FLOs to be given continuous training
I understand that the Garda Family Liaison Officer scheme is available in all districts and that Family Liaison Officers receive initial training.
3. Victim impact statement for all homicide victims
When an offender has been convicted of murder or manslaughter representatives of the family of the deceased victim may make a victim impact statement prior to sentence being passed. There is no requirement on a family to make such a statement and where a statement is not made no inference may be drawn by the court that the offence had little or no impact. If a judge thinks it is appropriate, the judge may allow a victim impact statement in other cases, for example a fatal road traffic incident.
4. Definition of manslaughter and murder to be changed to murder by degree
5. Minimum of 25 years imprisonment for first degree murder
6. Defined sentencing scales for other degree murder convictions
9. Revision of concurrent sentences
The mandatory sentence for murder is life imprisonment, as provided by section 2 of the Criminal Justice Act 1990. A sentence of life imprisonment means that the prisoner is subject to that sentence for the rest of his or her life. Such a prisoner has no right to be released early at any stage. If granted temporary release, the prisoner remains subject to the life sentence and can be recalled to prison at any stage. Currently a person sentenced to life is, on average, likely to spend 17-18 years in prison before receiving any extended period of temporary release.
The imposition of multiple life sentences, whether concurrently or consecutively, in a case where more than one murder is committed in the same incident, does not increase the severity of the sanction and has no such effect in practice or in law.
The offence of manslaughter does not attract a mandatory sentence but is punishable by a maximum of life imprisonment.
As the Deputy will appreciate, the courts are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. The approach of the Oireachtas has generally been to specify in statute a maximum penalty for an offence, so that a court, having considered all the circumstances of a case, may impose an appropriate penalty up to that maximum. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present. An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Criminal Appeal to review a sentence she regards as unduly lenient.
The prescription of mandatory prison terms in legislation is an exception to this general approach. I would draw the Deputy's attention to the Law Reform Commission 2013 Report on Mandatory Sentences, which recommends the repeal of existing presumptive mandatory minimum sentence provisions for various drugs and firearms offences. I would also draw the Deputy's attention to the Report on the Strategic Review of Penal Policy, published in September, which recommended that no further mandatory sentences or presumptive minimum sentences should be introduced.
I have no plans at present to amend the law to provide for a specific minimum term of imprisonment for murder or to replace the offence of manslaughter with offences of different degrees of murder.
7. Bail laws to be tightened and implemented by the judiciary
A 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.
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.
8. Parole and release
In September last year I published the report of the Penal Policy Review Group which was tasked with carrying out a strategic review of penal policy. As an initial step, the Government agreed, in principle, last November to proceed immediately with the bringing forward of legislative proposals to establish the Parole Board on an independent statutory basis. I believe this will help to strengthen the Board and improve its functions. My Department is currently considering the matter in more detail ahead of presenting proposals for legislation.
10. Revision of article 10 of the Criminal Injuries Compensation Scheme
Section 10 of the Criminal Injuries Compensation Scheme is being examined as part of an overall review of the Scheme itself which is currently underway in my Department.
365. Deputy Robert Troy asked the Minister for Justice and Equality her plans to introduce a more streamlined process in respect of Garda vetting, particularly in the child care sector, where Garda vetting would remain with the person and not the organisation, by way of issuing a card and expiry date of no more than two years, a process which is operational in many European countries and Australia; and if she will make a statement on the matter. [5990/15]
View answerEnsuring the safety of children and vulnerable adults is the primary consideration in any vetting process and accordingly such vetting processes demand rigorous procedures to ensure their integrity and to maintain the highest level of confidence by the public and organisations availing of the service.
There is no arrangement in place whereby vetting reports are valid for fixed periods of time. Full vetting checks are conducted by the Garda Central Vetting Unit (GCVU) for each new vetting application received to ensure that the most recent data available is taken into account.
The current procedures for Garda vetting ensure the integrity of the system. This is because once there has been any significant lapse of time between one employment and another, the original Garda Vetting Disclosure would not include information regarding any recent criminal convictions, and the second employer could not safely rely on it.
Furthermore, under the Data Protection Acts, any sensitive personal data which employers use in regard to their employees must be current, accurate and up-to-date and employers would be exposed to civil liability if they knowingly recruited staff based on out-of-date criminal records information where the person in fact had a more recent criminal conviction. Effectively, the non-transferability and contemporaneous nature of the current process protects against the risk of fraud or forgery and is a guarantee of the integrity of the vetting service and such procedures are in line with best practice internationally.
There are, however, certain limited circumstances where organisations can share a single vetting disclosure where this is agreed to by the vetting applicant. For example, persons involved in voluntary work may be doing work with more than one voluntary organisation at the same time, and may agree with the vetting applicant to share a single vetting disclosure. Similar arrangements arise in the health sector in regard to persons working as locums, agency nurses or other temporary employees in a number of different organisations, or in the education sector where substitute teachers are on panels for substitute teaching in more than one school.
Finally, the current average processing time for vetting applications is four weeks. Any vetting process will take a certain minimum amount of time to complete and, taking into account the need to protect children and vulnerable adults while providing an effective and efficient service, I do not think that this time period is unreasonable.
366. Deputy Mattie McGrath asked the Minister for Justice and Equality if she will investigate and clarify proposals to remove or downgrade court services in County Tipperary; if she will address issues raised in correspondence (details supplied); and if she will make a statement on the matter. [6017/15]
View answerAs the Deputy is aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of accommodation for court sittings.
However, in order to be of assistance I have had enquiries made and have been informed that during 2014, the Courts Service commenced a review of the overall delivery of court services, including probate services, in County Tipperary. The purpose of the review is to identify in consultation with all stakeholders a range of options which could be considered to enable the Courts Service to more efficiently and effectively maintain frontline court services in the county. The review will collate and analyse data on court business being conducted in Clonmel and Nenagh Courthouses. It will consider the appropriate operational structure which should underpin the provision of frontline services and the necessary support for court sittings in both locations.
I welcome the consultative approach which is being adopted by the Courts Service in seeking submissions on the review from any interested parties or local interests. The Courts Service had originally sought submissions by the end of November 2014 but they agreed to extend the timeframe for submissions to mid January 2015 to allow for the fullest possible consultation. I am informed that all submissions have now been received and there are some further consultations with key stakeholders and court users in the county to be completed. I have been assured by the Courts Service that all views received will be taken into account in the decision making process. The Courts Service anticipate that its report of the review of court services in County Tipperary will be completed by the end of March. It should, however, be noted that the final decision is a matter for the Courts Service Board. Under the statute I have no role or function in the matter.
367. Deputy Niall Collins asked the Minister for Justice and Equality if she will amend legislation in order to enable grandparents to seek and obtain barring orders against their grandchildren where it is necessary as an alternative to an injunction; and if she will make a statement on the matter. [6065/15]
View answerThe Government is committed to introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence. In this regard, I intend to bring the General Scheme of a consolidated bill on domestic violence to Government early this year with a view to enactment later this year.
My Department has received a number of proposals in relation to the reform of our domestic violence legislative provisions including the extension of the availability of orders to other classes of applicants. All such proposals will be carefully considered during the legislative process for the Bill.
368. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality her views on the position of a family (details supplied); her plans to address this issue; and if she will make a statement on the matter. [6067/15]
View answerThere are two mechanisms under the current law through which a non-marital father can become a guardian of his children. If the mother agrees, the parents can jointly make a statutory declaration appointing the father as a guardian; alternatively, the father may apply to court to be appointed a guardian under Section 6A of the Guardianship of Infants Act 1964. The vast majority of such court applications are successful.
The Children and Family Relationships Bill which will be published very shortly, if enacted will ensure that more fathers are automatically the guardians of their children. Where the father lives with the child's mother for more than 12 consecutive months, of which at least 3 months are with the mother and the child after the child's birth, the Bill will provide that he will automatically be the guardian of the child. This will substantially improve the position of non-marital fathers generally, including in situations such as the Deputy has outlined.
Where a father is the guardian of his children or has a court order granting him custody, including shared custody, of the children, or there are proceedings pending, the Central Authority on Child Abduction may be able to provide assistance where the children are removed from the jurisdiction in breach of those rights of custody.
The procedures for dealing with situations of international parental child abduction involving countries which are party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction are set out in the Child Abduction and Enforcement of Custody Orders Act 1991. EC Regulation 2201/2003 supplements and supports the terms of the Hague Convention in instances of international child abduction between EU Member States excluding Denmark. The Deputy should note that the Hague Convention and EC Regulation 2201/2003 are applicable in the jurisdictions of Ireland and Northern Ireland. Further detail in relation to these instruments is available at www.justice.ie. under the "Youth Justice, Children and Family" heading.
A network of Central Authorities has been established in contracting states to facilitate applications for the return of children under the Hague Convention and the Irish Central Authority for International Child Abduction is located in my Department. The contact details for the Irish Central Authority are:
Central Authority for International Child Abduction
Department of Justice and Equality
Bishop's Square
Redmond's Hill
Dublin 2
Phone: 01 479 0200
Email: internationalchildabduction@justice.ie
369. Deputy Seán Kyne asked the Minister for Justice and Equality if she will provide an update regarding the Criminal Justice (Spent Convictions) Bill which has been subject to delays, owing to legal issues concerning a case in the UK; and if she will make a statement on the matter. [6125/15]
View answer370. Deputy Brendan Ryan asked the Minister for Justice and Equality if she will provide a timeframe on when the Criminal Justice (Spent Convictions) Bill will be brought through to completion; and if she will make a statement on the matter. [6143/15]
View answerI propose to take Questions Nos. 369 and 370 together.
The Criminal Justice (Spent Convictions) Bill has passed Committee Stage in the Dáil, having passed all stages in the Seanad. However, before the Bill could be taken at Report Stage, a 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. The Bill will be enacted at the earliest opportunity. Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures has been introduced, which provides that certain minor offences that are over seven years old are no longer disclosed.
371. Deputy Finian McGrath asked the Minister for Justice and Equality if she will ensure that each Magdalen woman who is currently institutionalised, automatically and immediately receives personal advocacy services; and if she will make a statement on the matter. [6150/15]
View answerJudge Quirke's recommendation on the issue of advocacy will be implemented. However, Judge Quirke makes a very clear distinction between what is required for most women and what is required for those lacking full mental capacity including those women that are in institutional settings.
I can advise the Deputy that women who were in the Magdalen laundries are already covered under section 21 of the Nursing Home Support Scheme Act 2009 which makes provision for persons to act as care representatives in respect of any person applying for support under that Act.
In addition, the Assisted Decision Making (Capacity) Bill 2014 is awaiting committee stage in the Dáil. This provides for a range of options including decision making assistants, co-decision makers, decision making representatives and the public guardian, which are well suited to look after the best interests of the women who were in Magdalen laundries and have capacity issues.
My Department are careful to ensure that applicants do have the necessary capacity to understand the scheme and sign the relevant legal documentation and they cross check with other Departments to establish if there any issues. A medical assessment is sought if there is any indication that an applicant under our scheme has capacity issues. We have identified about 40 such women to date and are delaying payment until proper safeguards are in place.
With regard to women who do not lack capacity, the Government has provided a grant to the Irish Women Survivors Support Network to provide advice and support to the women who are residing in the UK. Judge Quirke recommended the establishment of a dedicated unit which would assist women getting their entitlements and advocating on their behalf. My officials will be looking at how to develop this idea now that the dedicated unit in my Department has almost completed its primary task of processing applications and paying out cash benefits.
372. Deputy Robert Troy asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 26 of 27 March 2014, and the introduction of changes impacting on community employment workers on placement, the difficulties that the changes would present to community child care facilities, and the commitment provided to considering how best to address the issue, if he will provide an update on the measures being taken to address the issue; and if he will make a statement on the matter. [5569/15]
View answerSome community child care services are very dependent on Community Employment participants to make up their numbers. This is not always in the interests of children in services or indeed of the CE participants themselves. However, in recognition of the difficulties that the new qualification requirements could create for some services, this issue is being considered in the context of finalising the revised Child Care Regulations and in consultation with Tusla.
373. Deputy Brendan Griffin asked the Minister for Children and Youth Affairs his views on a matter (details supplied) regarding the early childhood sector; and if he will make a statement on the matter. [5572/15]
View answer384. Deputy Mattie McGrath asked the Minister for Children and Youth Affairs his views on the recommendations contained in correspondence (details supplied) regarding the early childhood sector; and if he will make a statement on the matter. [5919/15]
View answerI propose to take Questions Nos. 373 and 384 together.
I am aware of the relatively high cost of child care in this country and to help address the issue my Department supports a number of childcare programmes that assist parents in accessing quality and affordable childcare. These programmes are, of course, in addition to the support provided to all parents in the form of Child Benefit, which is a key Government support to help families with ongoing costs.
The support programmes implemented by my Department include the free pre-school year provided under the Early Childhood Care and Education (ECCE) programme, the Community Childcare Subvention (CCS) programme which provides support to low income and disadvantaged families, the Childcare Education and Training Programme (CETS) providing support to Solas and Education Training Board students and trainees, the Community Employment Childcare that supports Community Employment workers and the Afterschool Childcare Programme (ASCC) which provides childcare supports to eligible parents returning to work.
The above programmes represent an annual investment of approximately €260 million and provides support each year to more that 100,000 children. Despite the difficult budgetary situation in recent years this funding has been maintained. My Department will continue to fund the childcare support programmes, with an emphasis on improving the quality of the services provided, and as funding becomes available I would hope that the capitation rates for all programmes could be increased to provide further support.
To ensure that all the benefits of childcare investments are fully realised, future public investment in childcare must be evidence-based and strategically coordinated, I am establishing a cross-departmental group to look at the provision right across the 0 to 6 age group as well as to consider the after-school needs of older school-going children. It is crucial that we develop a coherent whole-of-Government approach to investment in childcare services. This new group will include representatives of the Departments of Education and Skills, Social Protection, Jobs, Enterprise and Innovation, Public Expenditure and Reform, Finance and the Department of the Taoiseach and will be led and supported by my Department.
374. Deputy Michael Healy-Rae asked the Minister for Children and Youth Affairs the position regarding increasing early childhood capitation funding and linking this to a nationally agreed pay scale; and if he will make a statement on the matter. [5574/15]
View answer375. Deputy Michael Healy-Rae asked the Minister for Children and Youth Affairs if he will introduce mechanisms to ensure that children with additional needs have the support they need to engage fully as equals in their early childhood education setting; and if he will make a statement on the matter. [5575/15]
View answer376. Deputy Michael Healy-Rae asked the Minister for Children and Youth Affairs if he will ensure that provisions of child free hours and CPED days are part of all Government funded schemes, which will enable those working in the sector to fully implement the national curriculum and quality frameworks; and if he will make a statement on the matter. [5577/15]
View answer377. Deputy Michael Healy-Rae asked the Minister for Children and Youth Affairs his views on raising the level of spending of 0.2% of gross domestic product to the European average of 0.7% on early childhood education; and if he will make a statement on the matter. [5639/15]
View answerI propose to take Questions Nos. 374 to 377, inclusive, together.
I am aware of the relatively high cost of child care in this country and to help address the issue my Department supports a number of child care programmes that assist parents in accessing quality and affordable child care. These programmes are, of course, in addition to the support provided to all parents in the form of child benefit, which is a key Government support to help families with ongoing costs.
The support programmes implemented by my Department include the free pre-school year provided under the Early Childhood Care and Education (ECCE) programme, the Community Childcare Subvention (CCS) programme which provides support to low income and disadvantaged families, the Childcare Education and Training Programme (CETS) providing support to Solas and Education Training Board students and trainees, the Community Employment Childcare that supports Community Employment workers and the Afterschool Childcare Programme (ASCC) which provides childcare supports to eligible parents returning to work.
The above programmes represent an annual investment of approximately €260 million and provides support each year to more that 100,000 children. Despite the difficult budgetary situation in recent years this funding has been maintained. My Department will continue to fund the childcare support programmes, with an emphasis on improving the quality of the services provided, and as funding becomes available I would hope that the capitation rates for all programmes could be increased to provide further support.
To ensure that all the benefits of childcare investments are fully realised, future public investment in childcare must be evidence-based and strategically coordinated, I am establishing a cross-departmental group to look at the provision right across the 0 to 6 age group as well as to consider the after-school needs of older school-going children. It is crucial that we develop a coherent whole-of-Government approach to investment in childcare services. This new group will include representatives of the Departments of Education and Skills, Social Protection, Jobs, Enterprise and Innovation, Public Expenditure and Reform, Finance and the Department of the Taoiseach and will be led and supported by my Department.
378. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs his plans to increase early childhood capitation funding and link it to nationally agreed payscales; his plans to introduce mechanisms to ensure that children with additional needs have the supports they need to engage fully, as equals, in their early childhood education setting; if he will provide child-free hours and CPD days as part of all Government funded schemes, to enable those working in the sector to implement fully the national curriculum and quality frameworks; if he will raise the current level of spending of 0.2% of gross domestic product in view of early childhood funding, that has been shown to be very beneficial; and if he will make a statement on the matter. [5822/15]
View answerI am aware of the relatively high cost of child care in this country and to help address the issue my Department supports a number of child care programmes that assist parents in accessing quality and affordable child care. These programmes are, of course, in addition to the support provided to all parents in the form of child benefit, which is a key Government support to help families with ongoing costs.
The support programmes implemented by my Department include the free pre-school year provided under the Early Childhood Care and Education (ECCE) programme, the Community Childcare Subvention (CCS) programme which provides support to low income and disadvantaged families, the Childcare Education and Training Programme (CETS) providing support to Solas and Education Training Board students and trainees, the Community Employment Childcare that supports Community Employment workers and the Afterschool Childcare Programme (ASCC) which provides childcare supports to eligible parents returning to work.
The aforementioned programmes represent an annual investment of approximately €260 million and provides support each year to more that 100,000 children. Despite the difficult budgetary situation in recent years this funding has been maintained. My Department will continue to fund the childcare support programmes, with an emphasis on improving the quality of the services provided, and as funding becomes available I would hope that the capitation rates for all programmes could be increased to provide further support.
To ensure that all the benefits of childcare investments are fully realised, future public investment in childcare must be evidence-based and strategically coordinated, I am establishing a cross-Departmental group to look at the provision right across the 0 to 6 age group as well as to consider the after-school needs of older school-going children. It is crucial that we develop a coherent whole-of-Government approach to investment in childcare services. This new group will include representatives of the Departments of Education and Skills, Social Protection, Jobs, Enterprise and Innovation, Public Expenditure and Reform, Finance and the Department of the Taoiseach and will be led and supported by my Department.
379. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs if funding will be sourced to establish an art therapy service for children in direct provision accommodation centres (details supplied); and if he will make a statement on the matter. [5897/15]
View answerI can inform the Deputy that I have no ministerial responsibility for direct provision accommodation centres provided by the Reception and Integration Agency, which come under the remit of my colleague, the Minister for Justice and Equality.
380. Deputy Robert Troy asked the Minister for Children and Youth Affairs the number of social workers that are full-time and currently in post, that is, not on sick leave, maternity leave and so on, and comparable figures on the same for previous years, that is 2010, 2011, 2012, 2013 and 2014; if he will provide a breakdown of same in tabular form. [5903/15]
View answerMy officials have requested the information from the Child and Family Agency and I will forward the reply to the Deputy once I have been furnished with it.
