Written Answers Nos. 318-331
318. Deputy Micheál Martin asked the Minister for Justice and Equality the role her Department will have for the forthcoming referendum on same-sex marriage in May 2015; and if she will make a statement on the matter. [3267/15]
View answerAs the Deputy will be aware, I have responsibility for the preparation of the legislation that will pave the way for the forthcoming referendum on marriage equality. The Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015 was published on 21 January of this year. The aim is that the Second Stage debate on the Bill will be held in this House shortly.
My Department is engaged in the development of the accompanying implementation Bill which will be brought forward if the referendum is passed by the people and will be designed to make the necessary adjustments in existing law, including marriage law, to ensure that the decision of the people is implemented. I hope to be in a position to publish the General Scheme of the implementation Bill in advance of the planned Second Stage debate on the Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015 so that there will be a clear indication as to the legislative changes that are intended to be brought forward if the referendum is approved by the people.
319. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality her views on the lack of comprehensive answers offered by the inter-departmental committee on the Magdalen laundries, the fact that testimony from survivors is ignored and many aspects and concerns raised by survivors and justice groups is being left out, while exclusive attention is being given to the version of events given by religious orders; and if she will make a statement on the matter. [2181/15]
View answerAs the Deputy will be aware, the report of the Inter-Departmental Committee to establish the facts of State involvement with the Magdalen Laundries - The McAleese Report - was published on the 5th February 2013 and gave a fully comprehensive answer to the question posed by its terms of reference. The Report, a detailed, carefully researched document running to over 1,000 pages, has been fully accepted by the Irish Government as a comprehensive and objective report of the factual position prepared under the supervision of an independent chairperson. The McAleese Report brought into the public arena a considerable amount of information not previously known. It also showed that many of the preconceptions about these institutions were not supported by the facts.
I do not understand what is the basis for the assertion that "survivor testimony is ignored". The testimony of these women who entered the institutions in question is referred to in a number of chapters and indeed chapter 19 is centred primarily around the testimony provided by those women. The working methods of the Committee are set out in detail in chapter 4 of the report. It refers to a wide range of sources including records from different sources. The chapter also clearly states that a variety of people were consulted and among the persons who were met and provided input were the women who were admitted to and worked there and the Representative and Advocacy Groups. A total of 118 women were met during the process of the Inter-Departmental Committee. Members of the religious orders were also met and provided an input as were any other persons who had knowledge of the institutions.
As the Deputy will remember on foot of the findings of the report, the Taoiseach made an apology in Dáil Eireann and the ex-gratia scheme of benefits for survivors was introduced.
320. Deputy Niall Collins asked the Minister for Justice and Equality the number of staff attached to the Office of Internet Safety within her Department; and if she will make a statement on the matter. [7033/15]
View answer321. Deputy Niall Collins asked the Minister for Justice and Equality the number of staff attached to the Office of Internet Security who hold a qualification in the area of child protection, digital investigation or forensic computing; and if she will make a statement on the matter. [7034/15]
View answerI propose to take Questions Nos. 320 and 321 together.
The Office for Internet Safety, which is an executive office in my Department, was established in September 2007. There are currently 3 staff assigned to the Office whose roles relate to the provision of advice to the parents of young people on internet safety, the channelling of EU funding to partner bodies and the coordination of the delivery of their activities and, as such, the qualifications mentioned by the Deputy are not a requirement.
322. Deputy Niall Collins asked the Minister for Justice and Equality the course work and training available to members of An Garda Síochána in the area of cyber-crime, online bullying and related child welfare and protection issues; and if she will make a statement on the matter. [7035/15]
View answerI have been informed by the Garda Commissioner that Garda Recruits entering the Garda College, Templemore, complete a BA in Applied Policing. The issue of Online Bullying and Social Media issues are included in the programme and also form part of An Garda Síochána Continuous Professional Development training.
Also on Phase II of the BA, a two day “Children First” programme {designed in conjunction with the Health and Safety Executive (H.S.E.)} is delivered at the Garda Training College.
Garda personnel attached to the Computer Crime Investigation Unit have undergone a Masters Degree in Forensic Computing and Cybercrime Investigation at University College Dublin.
An Garda Síochána is also seeking to up-skill Garda members nationwide as part of the Fraud Training Course through a "First Responders Course for Cyber Crime" to be held at University College Dublin. The first course will take place at the end of February, 2015.
Online bullying is currently not a specific criminal offence. Such activities are covered by Section 10 of the Non Fatal Offences against the Persons Act 1997 (Harassment). All members of An Garda Síochána are trained in the investigation of this type of crime and the Computer Crime Investigation Unit (C.C.I.U.) is specifically trained in obtaining on-line evidence relating to this type of offence.
The Paedophile Investigation Unit (P.I.U.) in the Domestic Violence and Sexual Crime Investigation Unit (D.V.S.A.I.U.) is specifically trained in the investigation of Online Child Sexual Abuse Material and Child Exploitation. All members of the Unit have attended the Europol Training Course on "Combating Online Sexual Exploitation of Children". A number of other Garda members attached to the Domestic Violence and Sexual Crime Investigation Unit have received the same training.
On the subject of Child Welfare and protection issues, all members at Garda and Sergeant ranks in the Domestic Violence and Sexual Crime Investigation Unit have received "Children First Training". This training is delivered by way of Continuous Professional Development. An Garda Síochána have trained Specialist Interviewers to conduct interviews with children and vulnerable adults.
Furthermore, An Garda Síochána has developed a "Schools Programme" in conjunction with the Department of Education and Skills for primary school children called “Respectful Online Communication” and a secondary school programme called “Connect with Respect ” which are focused packages delivered by specially trained Gardaí on the subject of developing responsible on-line communication.
The primary school package – “Respectful Online Communication” targets 5th and 6th class children and addresses the social media element of personal safety, recognising the challenges that children and young people face when using technology.
The Programme aims to foster a sense of care and respect for others on-line, and to equip children to effectively deal with the challenge of cyber-bullying.
The secondary school package – “Connect with Respect” targets 1st, 2nd and 3rd year students. This provides information to young people on personal safety and an understanding of cyber-bullying, the impact of it on different people, how to recognise it and highlights that it is unacceptable behaviour. It also attempts to change the attitude of bystanders to make them more likely to intervene positively and effectively in on-line bullying situations.
Both packages include discussions between the facilitating Gardaí and the students which allows for reflection and opportunity for responsible decision making in the future. Other subjects included in the Garda Schools Programme are: the role of the Garda, substance abuse, vandalism, personal safety, road safety as well as respectful on-line communication.
323. Deputy Gerry Adams asked the Minister for Justice and Equality if she will investigate the case of a person (details supplied) in County Louth; the reason this case took ten years to reach inquest; the current situation regarding the ongoing Garda Síochána review of this case; when this review might be concluded; and if she will make a statement on the matter. [7044/15]
View answerThe Deputy will appreciate that I have no role in relation to the conduct of individual inquests. The legislation governing coroner matters is the Coroners Act, 1962. Under this legislation, a coroner is a statutory officer exercising quasi-judicial functions in relation to which he or she is independent. The conduct of the inquest is solely a matter for the coroner.
As regards the Garda review referred to, I have requested a report from the Garda authorities and will contact the Deputy directly as soon as the report is to hand.
324. Deputy Gerry Adams asked the Minister for Justice and Equality when she will refer the Firearms Act 1925 to the Law Reform Commission to thoroughly review it, and advise what the law should be in the 21st century; and if she will make a statement on the matter. [7055/15]
View answerThe Law Reform Commission (LRC) has restated the Firearms Acts and this “administrative consolidation” is available on the LRC website. The restatement is dated 31 October 2012 and it contains all amendments to the Firearms Acts.
In light of public safety concerns highlighted by An Garda Síochána, a joint Department of Justice and Equality/An Garda Síochána Working Group was established by my Department to review firearms licensing. The report of this Working Group was published on 13 November 2014 and submissions on the report were sought from stakeholders and the public by 31 January 2015.
These submissions are now being considered. Consolidation of the law on firearms will be considered further when I have met interest groups following consideration of the submissions.
325. Deputy Terence Flanagan asked the Minister for Justice and Equality her views that there are sufficient Garda resources in Portmarnock, County Dublin, to effectively deal with break-ins in the area (details supplied); and if she will make a statement on the matter. [7085/15]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel and vehicles, 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 however been informed by the Garda Commissioner that Malahide Garda Station patrols the Portmarnock area. The personnel strength of Malahide Garda Station on 31 December 2014, the latest date for which figures are readily available, was 30. There are also two Garda Reserves and one civilian attached to the Station. Malahide Garda Station forms part of the Coolock Garda District in the DMR North Garda Division. The personnel strength of the DMR North Garda Division on the same date was 681. There are also 61 Garda Reserves and 42 Civilians attached to the DMR North Garda Division.
Resources are further augmented by a number of Garda National Units such as the Garda National Drugs Unit, the Garda National Immigration Bureau (GNIB), the Criminal Assets Bureau (CAB) and other specialised units all of which provide a comprehensive policing service to the community.
As the Deputy will be aware, 100 new recruits entered training at the Garda College in Templemore in September 2014, the first intake of Garda recruits since 2009. This was followed by an intake of a further 100 new recruits in December and another 100 in the first week of February. This has brought the number of recruits in the Garda College to 300 and is a measure of this Government's commitment to the Garda Síochána. The first intake of recruits will attest as members of An Garda Síochána in May of this year and will be assigned to Garda Stations by the Garda Commissioner. The Garda Commissioner, will of course, continue to keep the needs of Malahide Garda Station under review within the overall context of the needs of Garda Divisions throughout the country.
326. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality when a review by an independent panel into a complaint against the Garda Síochána, arising from an incident with a person (details supplied) in County Mayo on 14 July 2013 will be completed. [7101/15]
View answerThe independent review panel, to which the Deputy refers, has been examining 315 cases. This is a significant number of cases, and somewhat higher than originally estimated, but I think it was important to refer to the Panel all of the allegations that have been made to me as Minister or to the Taoiseach, whether they came direct from complainants or through public representatives or representative groups, with only the most minimal filtering out of cases which did not actually relate to the Garda Síochána. This does mean that counsel are examining a very wide range of cases, some of which deal directly with the Garda Síochána, but others of which extend to other aspects of the criminal justice system beyond my remit, such as the prosecution and trial of offences. It is also worth noting that the cases contain a very wide variety in the seriousness of the allegations.
It is important that nothing arises which might detract from the integrity of the review mechanism. It was therefore considered inappropriate to place a time constraint upon the working of the Panel, although they intend to conclude their work as soon is reasonably practicable. The crucial point is that every case will have been reviewed by independent counsel, who will have made an objective recommendation.
Nevertheless the Panel has made significant progress and the submission of recommendations to me is being prepared by officials. Each recommendation will be very carefully considered, but as a matter of general principle let me say quite clearly that, in coming to a decision in each case, I will be very strongly guided by the independent advice of counsel. Quite clearly having engaged counsel for this review, it would be entirely appropriate to be guided by their advice. However I would also make the point that in many cases, counsel may recommend that no further action can reasonably be taken. This might be, for example, because a case has already been through due process even though the complainant remains unhappy with the outcome. There will be no undue delay in the process of notifying complainants of the outcome of the reviews.
327. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if she will provide, in detail, the methodology that An Garda Síochána uses to survey the level of compliance with the speed limit, in any given location, particularly in terms of standard protocols and quality management to ensure validity, reliability and replicability of findings, across Garda divisions. [7103/15]
View answerThe Deputy will be aware that since 2010, An Garda Síochána has contracted a service provider 'GoSafe' to operate safety cameras on its behalf. This service encompasses both speed detection and speed survey sessions.
In that regard, GoSafe conducts regular speed surveys at locations identified by An Garda Síochána as having the greatest propensity for speed related collisions, to ensure on-going appropriate deployment of safety cameras. I am informed by the Garda authorities that prior to a zone being used for conducting monitoring sessions, a number of speed surveys are carried out to establish baseline driver behaviour within the zone against which any changes in driver behaviour can be determined. Speed surveys are then carried out at regular intervals within these zones to track any changes in driver behaviour and to monitor compliance with speed limits within these zones. Each survey session counts the free speed of vehicles under 5 categories; cars; single-decker buses; double-decker buses; rigid vehicles; and articulated vehicles.
I am further informed that the methodology used follows similar principles to those used by the National Roads Authority (NRA) in carrying out speed surveys.
Speed enforcement zones are continually reviewed in light of survey data, collision history and local feedback to ensure enforcement activity is targeted at the locations where collisions are occurring. There are 727 speed enforcement zones nationally, with details and locations of each available on the Garda website.
328. Deputy Gerry Adams asked the Minister for Justice and Equality if her attention has been drawn to a case (details supplied) in which a person was fatally shot in Dundalk, County Louth; the circumstances under which the suspect was granted permits for firearms; by whom; the number of permits granted and for what purposes; if the suspect had any previous convictions; and if she will make a statement on the matter. [7124/15]
View answerI have asked the Garda Commissioner for a report in relation to the matter and will write to the Deputy as soon as I have further information.
329. Deputy Gerry Adams asked the Minister for Justice and Equality if she will assist in locating documents pertaining to a Garda investigation and coroner's report into the death of a person (details supplied) in County Louth in 1981. [7126/15]
View answerI can inform the Deputy that the particular case to which he refers is amongst those being considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case.
The maintenance of individual Garda investigation files is an operational matter for the Garda Commissioner and is not a matter in which I have any role or function. However, I understand that the file referred to by the Deputy has come to light and that a copy of it has been made available to the Independent Review Mechanism. I also understand that a member of the family of the person referred to by the Deputy has been notified that this is the case.
I have no role or function in relation to the conduct of individual inquests. The legislation governing coroner matters, the Coroners Act 1962, provides that a coroner is a statutory officer exercising quasi-judicial functions in relation to which he or she is independent. The conduct of the inquest and the release of documents is solely at the discretion of the coroner.
330. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support a matter (details supplied) regarding road signs; and if she will make a statement on the matter. [7160/15]
View answerI have asked the Garda Commissioner for a report in relation to the matter and will write to the Deputy as soon as I have further information.
331. Deputy Tom Barry asked the Minister for Children and Youth Affairs his views on introducing a grandfather clause for existing Montessori-preschool providers who have considerable qualifications and years of experience so that they may qualify for the higher capitation grant under the early childhood care and education scheme. [6810/15]
View answerThe Early Childhood Care and Education (ECCE) programme is implemented by my Department and provides a free pre-school year for all children before they commence primary school.
It is currently a requirement of the programme that all the pre-school leaders in participating childcare services must hold, as a minimum, a qualification at Level 5 on the National Framework of Qualifications of Ireland (NFQ). A standard weekly capitation fee of €62.50 is paid for each eligible child participating in the ECCE programme in these services.
A higher capitation fee of €73 for each eligible child is payable to pre-school service providers where all the pre-school leaders delivering the ECCE programme hold a bachelor degree in childhood/early education (minimum of Level 7 on the National Framework for Qualifications (NFQ) or equivalent) and have 3 years experience working in the sector, and where all the pre-school assistants in the service hold a relevant major award in childcare/early education at Level 5 on the NFQ or its equivalent.
The minimum qualification requirement for pre-school leaders is being increased to Level 6 as part of the general increase in minimum qualifications across the sector. The minimum qualification for the higher capitation payment under the ECCE programmes will continue to be Level 7 and no consideration will be given to introducing the measure proposed by Deputy.
