Written Answers Nos. 461-476
461. Deputy Tony McLoughlin asked the Minister for Justice and Equality her Department's estimates at present in relation to the number of illegally owned firearms; her plans to seize these illegal firearms; and if she will make a statement on the matter. [11393/15]
View answerIt is impossible to accurately state how many illegal firearms are currently in the hands of criminals in the State. An Garda Síochána tackles the issue of illegal firearms on a daily basis at both local and national levels and in recent weeks alone have successfully removed a number of illegal firearms from criminal hands in ongoing operations throughout the country.
Gardaí tackle the issue of illegal firearms through a range of targeted and intelligence based operations, often disrupting and preventing incidents, as well as detecting and prosecuting those involved. The details of intelligence based operations targeting illegal firearms cannot be made public for operational reasons.
Heavy penalties are provided for weapons offences in our criminal law and mandatory minimum penalties have been introduced for certain firearms offences. The considerable powers already available to Gardaí have been supplemented further by the DNA Database legislation enacted last year, which provides for the establishment of a Database which will have the capacity to link suspects to unsolved crimes using forensic evidence, and will greatly assist Gardaí in investigating a whole range of serious offences.
The various Garda operations which target armed and organised criminals are complemented and supported by Garda engagement with local communities, including a range of community local fora, to address local concerns relating to crime, community safety and the impact of organised crime on community life.
462. Deputy Joe Carey asked the Minister for Justice and Equality the progress of an application for naturalisation in respect of a person (details supplied); and if she will make a statement on the matter. [11414/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy. This application has entered the final stage of processing and I intend to grant citizenship. A letter has issued requesting the person concerned to submit the prescribed fee and other documents. When the fee and documentation are received, an invitation will be issued to attend a citizenship ceremony, at which the person concerned will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive her certificate of naturalisation.
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 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 INIS is, in the Deputy's view, inadequate or too long awaited.
463. Deputy Finian McGrath asked the Minister for Justice and Equality her views on the matter (details supplied) regarding firearms licensing; and if she will make a statement on the matter. [11415/15]
View answer464. Deputy Finian McGrath asked the Minister for Justice and Equality her views on a matter (details supplied) regarding illegal weapons; and if she will make a statement on the matter. [11416/15]
View answerI propose to take Questions Nos. 463 and 464 together.
Regarding illegal weapons, it is impossible to accurately state how many illegal firearms are currently in the hands of criminals in the State. An Garda Síochána tackles the issue of illegal firearms on a daily basis at both local and national levels and in recent weeks alone have successfully removed a number of illegal firearms from criminal hands in ongoing operations throughout the country.
Gardaí tackle the issue of illegal firearms through a range of targeted and intelligence based operations, often disrupting and preventing incidents, as well as detecting and prosecuting those involved. The details of intelligence based operations targeting illegal firearms cannot be made public for operational reasons.
Heavy penalties are provided for weapons offences in our criminal law and mandatory minimum penalties have been introduced for certain firearms offences. The considerable powers already available to Gardaí have been supplemented further by the DNA Database legislation enacted last year, which provides for the establishment of a Database which will have the capacity to link suspects to unsolved crimes using forensic evidence, and will greatly assist Gardaí in investigating a whole range of serious offences.
The various Garda operations which target armed and organised criminals are complemented and supported by Garda engagement with local communities, including a range of community local fora, to address local concerns relating to crime, community safety and the impact of organised crime on community life.
I have asked the Garda Commissioner for a report in relation to your question on firearms certificates and the application process for same. I will write to the Deputy as soon as I have further information.
465. Deputy Fergus O'Dowd asked the Minister for Justice and Equality her views on a matter (details supplied) regarding gun control; and if she will make a statement on the matter. [11419/15]
View answerI understand the Deputy is referring to a recent Prime Time programme which had a report on firearms licensing. The Deputy will appreciate that I have no role in adjudicating on whether broadcasting codes or rules have been broken.
However, I am advised that under the Broadcasting Act 2009, viewers and listeners can complain about broadcasting content which they believe is not in keeping with broadcasting codes and rules. In line with the complaint process, the viewer or listener should direct their complaint to the broadcaster in the first instance with regard to the broadcaster's Code of Practice for Handling Complaints, a document which each broadcaster has available on its website. If a viewer or listener is not satisfied with the response from the broadcaster or if the broadcaster does not respond within the timeframe provided for in their Code of Practice (usually 21 days), then the viewer or listener can refer the complaint to the Broadcasting Authority of Ireland for consideration.
466. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the facilities available to don robes in the Four Courts and the Courts of Criminal Justice in Dublin for barristers who are not members of the Law Library. [11461/15]
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 facilities for court users.
However, in order to be of assistance I have had enquiries made and the Courts Service informs me that the Bar Council have leased accommodation in the Criminal Courts of Justice and, through an arrangement with the Office of Public Works, have accommodation in the Four Courts for practising Barristers who are members of the Law Library. This accommodation includes facilities for robing.
There are no specific facilities provided by the Courts Service in the Four Courts or the Criminal Courts of Justice for barristers to robe. I am informed that such facilities have never been provided by the Courts Service in these buildings.
467. Deputy Anne Ferris asked the Minister for Justice and Equality her views on the known extent to which IRA kangaroo courts operated in this jurisdiction, both before and after the Good Friday Agreement; in view of the recent comments by the director of Foyle Women's Aid that such IRA kangaroo courts are still in operation in Northern Ireland, if An Garda Síochána is alert to the possibility of ongoing kangaroo courts operating in parts of this jurisdiction; and if she will make a statement on the matter. [11466/15]
View answerThe matter to which the Deputy refers has come to prominence in recent months following allegations that have been made publicly about the sexual abuse of children by members of the Provisional IRA and allegations of cover ups of these crimes.
This continues, of course, to be a matter of considerable public concern and the matters are the subject of ongoing investigation by the Garda authorities.
It is important to recall that the Provisional IRA was an illegal organisation which engaged in terrorism and other serious criminal acts over the course of its existence. While it is in the nature of it difficult to assess the scale of such illegal acts, it is well known that the Provisional IRA was styled along military lines and that it sought to exercise authority and control over its members and, indeed, over communities by a variety of means. It is also well known that it exercised extra-judicial punishments, including by the use of intimidation and violence, up to and including killing.
I am sure the Deputy will agree that there is not now nor has there ever been a justification for the types of illegal activity that the Provisional IRA engaged in over the course of its campaign of violence. No such group has the right to place itself in the role of judge, jury and executioner, above and beyond the law. There is and there can be only one justice system in this State and that is the one set out in the Constitution and provided for in law.
Unfortunately, despite the great progress that has been made in securing peace in Northern Ireland since the signing of the Good Friday Agreement, there remain so-called 'dissident' groups who reject peace and who continue to use crime and violence to achieve their aims. The Garda Authorities are alert to the possibility of persons or organisations taking actions in respect of victims of crime that may constitute offences and any activities of this nature that come to light will be investigated fully. The Garda authorities continue to work to disrupt and counteract the activities of those paramilitary groups who still pose a real threat on this island. In doing so the Gardaí co-operate very closely with their counterparts in Northern Ireland on an ongoing basis.
468. Deputy Terence Flanagan asked the Minister for Justice and Equality if compensation will be paid to licensed firearms holders if the existing legislation in relation to firearms changes and their firearms are taken from them (details supplied); and if she will make a statement on the matter. [11474/15]
View answerIn 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 the Department of Justice and Equality 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. The consultation process gave individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation.
The submissions received are currently being examined and incorporated into a report for me. The Oireachtas Committee on Justice, Defence and Equality has also sought submissions and held hearings with interested parties in relation to the Working Party report and will publish its own report on the matter.
The issue of compensation which the Deputy raises is dealt with at Section 13 of the Working Group Report. The report states that the Courts have held that the possession of a firearm is not a right but a privilege. The Courts have in the past taken the view that what is in the State's gift cannot be required to be compensated if it is withdrawn.
I have already given a commitment that I will not make any decisions until I have met the key stakeholders, including the organisations who represent those who use firearms for sporting purposes.
469. Deputy Terence Flanagan asked the Minister for Justice and Equality the action being taken to address the increase in the number of unlicensed firearms here; and if she will make a statement on the matter. [11475/15]
View answer470. Deputy Terence Flanagan asked the Minister for Justice and Equality her views on incorrect information that was provided to her and the Oireachtas Joint Committee on Justice, Defence and Equality regarding the number of licensed firearms stolen from 2010 to 2014; and if she will make a statement on the matter. [11476/15]
View answerI propose to take Questions Nos. 469 and 470 together.
The Deputy refers to the increasing number of unlicensed firearms in the State. It is however impossible to accurately state how many illegal firearms are currently in the hands of criminals in the State or whether this figure is increasing. An Garda Síochána tackles the issue of illegal firearms on a daily basis at both local and national levels and in recent weeks alone have successfully removed a number of illegal firearms from criminal hands in ongoing operations throughout the country.
Gardaí tackle the issue of illegal firearms through a range of targeted and intelligence based operations, often disrupting and preventing incidents, as well as detecting and prosecuting those involved.
Heavy penalties are provided for weapons offences in our criminal law and mandatory minimum penalties have been introduced for certain firearms offences. The considerable powers already available to Gardaí have been supplemented further by the DNA Database legislation enacted last year, which provides for the establishment of a Database which will have the capacity to link suspects to unsolved crimes using forensic evidence, and will greatly assist Gardaí in investigating a whole range of serious offences.
The various Garda operations which target armed and organised criminals are complemented and supported by Garda engagement with local communities, including a range of community local fora, to address local concerns relating to crime, community safety and the impact of organised crime on community life.
The Deputy also refers to what is described as incorrect information provided to Oireachtas members regarding the number of licensed firearms stolen. The statistics provided by An Garda Síochána regarding firearms reported stolen is provided on the basis of data available on the PULSE system. The data available cannot be amended or updated for the purposes of providing statistics. I can also inform the Deputy that different types of questions were asked by Oireachtas members in relation to stolen firearms. One set of figures provided, totalling 1,710, was for all firearms reported stolen between 2010 and 2014. This figure would include firearms not licensed stolen from firearms dealers and other items classified as firearms such as humane killers, starting guns and blank firing guns which would be held on authorisation rather than licence. Another set of figures provided, totalling 1,109, was for all firearms linked to a licence recorded as stolen between 2010 and 2014.
471. Deputy Olivia Mitchell asked the Minister for Justice and Equality when the Irish Naturalisation and Immigration Service plans to introduce an online booking system for appointments; and if she will make a statement on the matter. [11562/15]
View answerA major reform of the delivery of immigration services is underway including the transfer of registration functions from the Garda National Immigration Bureau (GNIB) to the Irish Naturalisation and Immigration Service (INIS). This presents opportunities to streamline both registration and visa re-entry services and INIS will be introducing on-line services as part of this process. In relation to the processing of applications for re-entry visas for long-term residents who are visa-required, I am informed that development work on an on-line appointments system is at an advanced stage and it is planned to have the system operational in the coming weeks in time for the summer peak demand period. In common with the re-entry system, the immigration service is also planning to introduce an on-line booking system for appointments as part of the plan to transfer the registration function from the Garda National Immigration Bureau to INIS.
In the case of the registration process, and as occurs in the operation of immigration functions in other States, immigrants seeking to register are required to present in person at the offices of the Minister. This is necessary for establishment of identity and as an anti-fraud measure. Accordingly, systems will be developed that meet the needs of our customers while at the same time maintaining appropriate checks and balances within the system.
I should point out that within existing arrangements every effort is made to provide a customer friendly service. The GNIB Public Office is open from 8am to 9pm each Monday to Thursday and 8am to 6pm each Friday (excluding bank holidays). The Offices also remains open through lunchtime. Priority is given in the early morning period for particular categories including those coming here to work or conduct business with tickets for persons registering their presence in Ireland for study related purposes being allocated after 9am (special arrangements are in place for students during the period September – Mid November to cover the return to studies period). This is to minimise the amount of time persons at work are required to be away from their jobs. It is worth noting that the public immigration offices receive in the region of 130,000 persons annually making it one of the busiest public offices in the State.
472. Deputy Dessie Ellis asked the Minister for Justice and Equality the number of new Garda recruits who will be employed in the Ballymun and Santry Garda stations, Dublin 9. [11570/15]
View answerAs the Deputy will appreciate, 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 however been informed by the Garda Commissioner that the personnel strength of Ballymun Garda District which covers Santry and Dublin Airport on 31 December 2014, the latest date for which figures are readily available, was 227. There are also 22 Garda Reserves and 15 civilians attached to the District. Resources are further augmented, where necessary, by a number of Garda National Units such as the Garda National Drugs Unit (GNDU), the National Bureau of Criminal Investigation (NBCI), the Criminal Assets Bureau (CAB) and other specialised units.
The first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15th September 2014. As part of Budget 2015, a further intake of 200 recruits in two batches was announced. On 15 December 2014, the first 100 of these batches commenced their training. The remaining 100 entered the college in early February. This will bring to 300 the number of recruits in the Garda College and is a measure of the Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The September intake will attest as members of the Garda Síochána in May 2015 and the December intake will attest in August 2015. On attestation they will be assigned to Garda stations throughout the country by the Garda Commissioner and the needs of Raheny Garda District will be fully considered.
473. Deputy Dessie Ellis asked the Minister for Justice and Equality her plans, in the case of a successful marriage equality referendum, to provide for same-sex couples married outside this State to be recognised while living here. [11571/15]
View answerIf the referendum on the 34th Amendment of the Constitution is approved by the people, marriages contracted by same-sex couples outside the State would be recognised as marriages in Ireland, in the same way as the marriages of opposite-sex couples.
474. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her views on the recent call by the Chief Justice, Mrs. Susan Denham, for An Garda Síochána to end the practice of the leaking of information by some gardaí to the media relating to criminal investigations they are either conducting or privy to; and the representations she can make to support the call of the Chief Justice. [11576/15]
View answerAs an organisation the Garda Síochána takes its responsibility for the control of the information it possesses about individuals very seriously. Unauthorised disclosure of information can impede the investigation of an offence and the apprehension or prosecution of suspected offenders and can seriously undermine public confidence in the ability of the Garda Síochána to carry out its functions.
I note the recent comments by the Chief Justice on this subject, and I am absolutely clear in my view that allegations of unauthorised disclosure must be fully investigated.
I understand from the Garda Commissioner that it is the policy of the Garda Síochána that overall responsibility for releasing Garda information to the media rests with the Garda Press and Public Relations Office. Members of the Garda Síochána are prohibited, except in specified circumstances, without the authority of the Commissioner from communicating either directly or indirectly with the media or furnishing to the media any information in connection with the investigation of crime or other official matters.
Any member of the Garda Síochána who leaks information to the media is not only contravening clear Garda policy, but is also contravening the law. It is an offence under the Official Secrets Act 1963 for a member of the Garda Síochána, as for any public official, to disclose official information without lawful authority. It is also, quite separately, a distinct offence under section 62 of the Garda Síochána Act 2005 for a member of the Garda Síochána to make an unauthorised disclose of information obtained in the course of duty if the member knows that such disclosure is likely to have a harmful effect. The section sets out a list of instances of harmful effect covered by this offence, which includes for example disclosures which result in the publication of personal information constituting an unwarranted and serious infringement of a person's right to privacy. The penalty for such an offence, upon conviction on indictment, is a term of imprisonment for up to 5 years and/or a maximum fine of €50,000.
Any member of the public who believes that he or she has been the subject of unauthorised disclosure of information by a member of the Garda Síochána may make a complaint to the independent Garda Síochána Ombudsman Commission, which has extensive powers of investigation.
475. Deputy Joan Collins asked the Minister for Justice and Equality the progress that has been made on the provision of an administrative scheme, under her Department, to assist Magdalen laundries survivors in availing of complementary therapies. [11581/15]
View answerAs the Deputy will be aware the Redress for Women Resident in Certain Institutions Bill 2014, which was passed by the Oireachtas earlier this month, makes special provision for free access to health services for women who were resident in Magdalen Laundries and similar institutions. The services being provided are precisely those recommended by Judge Quirke.
Judge Quirke made no comment, one way or another, on 'Complementary therapies'. Complementary and alternative medicine includes a group of diverse medical and healthcare systems, practices and products that are not generally considered part of conventional medicine, and they are not part of the routine system of provision in the public health system. In the absence of clear evidence on the efficacy or safety of these treatments, my colleague, the Minister for Health, has reservations about such therapies being provided and funded through the health service and, for that reason, they were not included in the Bill.
On a personal level, I am open to the benefits that may be brought to people by such 'complementary therapies'. For that reason, I have asked my officials to look at the question of providing some funding to the women concerned so that they may avail of such 'Complementary therapies'. This would be a separate scheme run on an administrative rather than a statutory basis.
As the Deputy will also be aware, the provision of medical services is just one of a wider package of supports for these women. The women also receive lump sum payments of between €11,500 and €100,000 depending on their length of stay in a relevant institution. So far, 512 women have received their lump sums payments at a cost of over €18.7m. The women also receive top up pension type payments from the Department of Social Protection.
476. Deputy Joan Collins asked the Minister for Justice and Equality the number of liaison officers that will be employed to assist the Magdalen laundries survivors in understanding their entitlements; and if the liaison officers will operate centrally from her Department or on a local basis. [11586/15]
View answerAs the Deputy will be aware a Dedicated Unit was set up in my Department to process applications and to make lump sum payments. Officials in the Dedicated Unit also provide assistance and advice to the applicants on any aspect of the Scheme in a helpful and sensitive manner.
Priority has been given to processing applications, providing cash payments and other benefits to the women. To date, a decision has been made on 88% of the applications received and 512 women have been paid their lump sums at a cost of over €18.7m.
The women are also receiving top up pension type payments which are being paid by the Department of Social Protection. That Department appointed dedicated contact people to whom the women can discuss their entitlement with in confidence.
The Redress for Women who were in Certain Institutions Bill 2014 which was passed by the Oireachtas earlier this month will provide the women with free access to medical services. There is no provision in the Bill for the appointment of liaison officers and there was no such provision in the Health (Amendment) Act 1996, which provides for persons affected by Hepatitis C. However, I understand that once the Bill is commenced there will be liaison people in the HSE to assist the women concerned.
