Tuesday, 24 Mar 2015

Written Answers Nos. 477-490

Magdalen Laundries

Questions (477, 478, 479, 480)

Joan Collins

Question:

477. Deputy Joan Collins asked the Minister for Justice and Equality the way membership of the advisory body to the dedicated unit will be decided. [11587/15]

Joan Collins

Question:

478. Deputy Joan Collins asked the Minister for Justice and Equality when the dedicated unit will be established. [11594/15]

Joan Collins

Question:

479. Deputy Joan Collins asked the Minister for Justice and Equality if the dedicated unit will provide personal advocacy services to women who are living in institutional settings or in the care of the relevant religious congregations. [11595/15]

Joan Collins

Question:

480. Deputy Joan Collins asked the Minister for Justice and Equality when the consultation process for the setting up of the dedicated unit will begin. [11597/15]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 477 to 480, inclusive, together.

Judge Quirke recommended the establishment of a dedicated unit which would assist women getting their entitlements and advocating on their behalf. As 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 has 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. I understand that once the Bill is commenced, there will also be designated contact people in the HSE to advise the women concerned.

With regard to advocacy, it is important to point out that 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 is looking at options with regard to the provision of advocacy and my officials are currently in discussion with the Citizens Information Board and will have further discussions with the Department of Social Protection on this issue. The advocacy services provided by the National Advocacy Service of the Citizens Information Board is provided for in the Citizen's Information Act 2007. It is important to note that a personal advocate has very limited powers with regard to a person who lacks capacity. A personal advocate does not have power of attorney, to make decision or otherwise to manage the affairs of the person. That is why the provisions of Assisted Decision Making (Capacity) Bill 2014 will be so important.

My officials 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. My officials will be looking at how to develop the idea of an ongoing dedicated unit to assist the women and advocate on their behalf now that the dedicated unit in my Department has almost completed its primary task of processing applications and paying out cash benefits. I do not see my Department carrying out this role.

Gambling Legislation

Questions (481)

Pearse Doherty

Question:

481. Deputy Pearse Doherty asked the Minister for Justice and Equality the consideration she has given in the forthcoming Gambling Control Bill to permitting totes at harness racing events; and if she will make a statement on the matter. [11659/15]

Written answers

Minister for Justice and Equality

There are two fundamental concepts underpinning the General Scheme of the Gambling Control Bill, namely that all gambling is illegal unless licensed, and that any one providing a gambling service in Ireland must have a licence.

As provided for in the General Scheme, all licensing will come under the remit of a single national authority, i.e. the Minister for Justice & Equality. The legislation will put in place a comprehensive regulatory framework that will cover all forms of gambling and afford the greatest protections to those that need it most.

However, it also needs to be recognised that gambling forms part of the daily life of many Irish people. The approach that will be taken in the legislation will be to identify the activities that are currently available and to regulate them accordingly.

The Bill will, upon its enactment, repeal existing betting and gaming legislation. The new legislation will cover both under the term “gambling”, and will deal with both on-line and terrestrial versions. While not explicitly provided for in the General Scheme, it is the Government's position that the activities of the Tote will be covered under the published Bill.

Criminal Prosecutions Data

Questions (482)

Michael McNamara

Question:

482. Deputy Michael McNamara asked the Minister for Justice and Equality the number of persons who have been prosecuted pursuant to certain offences (details supplied) in each of the years 2011 to 2014; the number who were convicted; and if she will itemise the number of prosecutions and convictions for each offence in each of the said years. [11779/15]

Written answers

Minister for Justice and Equality

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose.

I have asked the CSO to forward relevant statistics directly to the Deputy.

Freedom of Information Requests

Questions (483)

Billy Kelleher

Question:

483. Deputy Billy Kelleher asked the Minister for Justice and Equality the number of occasions since the start of 2014 in which the Secretary General of her Department has been involved in the clearing or approval of material for release under freedom of information legislation. [11803/15]

Written answers

Minister for Justice and Equality

As the Deputy will be aware, the procedures followed by my Department in the processing of Freedom of Information requests are governed by the provisions of the Freedom of Information Acts 1997 and 2014.

A deciding officer at the rank of Assistant Principal Officer rank or occasionally at the rank of Higher Executive Officer is normally assigned to each request. In instances where the request covers more than one division of the Department a freedom of information file issues to each relevant deciding officer for decision. In cases where records are part-granted or refused, the requester is provided with the relevant legislative provisions under which the records are withheld. The requester is notified of a right of appeal within the Department as outlined in the Act. The appeal is conducted by a Principal Officer within the Department who will undertake an independent review of the request. Upon receipt of the appeal decision the request is afforded a further right of appeal to the Information Commissioner.

Where a request is submitted in respect of the records directly held in the Office of the Secretary General, staff of that office will bring the matter to the attention of the Secretary General (Acting) so that he can fully comply with the requirements of the Act.

As a matter of good administrative practice, FOI requests in respect of documentation held in my Department, which upon release is likely to be of significant public interest are brought to the attention of both my Office and the Secretary General's office for information. However, neither I nor the Secretary General act as either a deciding officer or an appeal officer in respect of these requests. For the avoidance of any doubt, I should emphasise that the decisions of a deciding officer or appeal officer are final and neither I nor the Secretary General have any role in such decisions.

Garda Deployment

Questions (484)

Seán Ó Fearghaíl

Question:

484. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality the position regarding the placement of a community garda at a location (details supplied) in County Kildare; and if she will make a statement on the matter. [11810/15]

Written answers

Minister for Justice and Equality

As 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 been informed by the Garda Commissioner that the personnel strength of Kildare Garda Division on 31 January 2015, the latest date for which figures are readily available, was 301 of which 30 Garda are assigned to Athy Garda Station. There are also 41 Garda Reserves and 28 Civilians attached to the Division.

The Deputy will be aware that all Gardaí have responsibility, inter alia, to deal with community policing issues as and when they arise. Community policing is the underpinning philosophy and ethos through which An Garda Síochána delivers a service across the country.

The first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15 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 Kildare Garda Division will be fully considered.

Drugs Crime

Questions (485)

Finian McGrath

Question:

485. Deputy Finian McGrath asked the Minister for Justice and Equality if she will adopt approaches taken in other jurisdictions in response to drug related community violence and intimidation; and if she will make a statement on the matter. [11829/15]

Written answers

Minister for Justice and Equality

Drug related violence and intimidation is one of the most insidious and harmful features associated with the illegal trade in drugs.

This was a key issue of concern raised during the consultation phase in the development of our National Drugs Strategy 2009- 2016.

Under action 5 of the National Drug Strategy An Garda Síochána is charged with leading on the development of a framework to provide an appropriate response to the issue of drug related in intimidation in the community. In line with that action a framework known as the "Drug-Related Intimidation Programme" was developed by the Garda National Drugs Unit and the community based National Family Support Network and was introduced nationwide in 2013.

Under this programme nominated Garda Inspectors for every Garda Division have been designated by the Garda Commissioner to ensure that a confidential, safe and effective means of dealing with reports of intimidation is readily available. These Inspectors act as a direct point of contact for any individuals (or for representatives acting on their behalf) in responding to intimidation being reported. More details of the operation of this programme are provided on the websites of both An Garda Síochána and the National Family Support Network at www.garda.ie and www.fsn.ie.

The introduction of this Programme has been welcomed and it is expected that its implementation will lead to further more positive outcomes in tackling this problem.

More generally, the Garda National Drugs Unit is continuing to work with local Garda Drugs Units to ensure a co-ordinated and effective approach to protecting our communities, individuals and their families from the harm and pain caused by drug misuse.

I am also aware that discussions are taking place in a number of fora with a view to developing our understanding of the nature and extent of the problem as it affects our local communities. As the Deputy will be aware the Joint Committee on Justice, Defence and Equality has, for example, recently engaged in such discussions as part of its examination of the effects of gangland crime.

Of course, any proposals for a more innovative approach to the problem, whether adopted from international experience or building on the current approach under the National Drug Strategy, and which offer further value in tackling the problem as it occurs in this jurisdiction can be given due consideration.

Assisted Human Reproduction

Questions (486)

Finian McGrath

Question:

486. Deputy Finian McGrath asked the Minister for Justice and Equality her plans to offer transitional provision in order not to prejudice couples who are currently engaged in donor-assisted reproduction and recognise the realities of identifiable gamete donation here (details supplied) in the Children and Family Relationship Bill 2015; and if she will make a statement on the matter. [11830/15]

Written answers

Minister for Justice and Equality

The issue of transitional provisions was raised in the debates on the Children and Family Relationships Bill. I have made a clear commitment, with the agreement of the Minister for Health, that Parts 2 and 3 of the Bill will not be commenced for a minimum period of one year after enactment, to provide sufficient time for an orderly transition without affecting the treatment of couples currently undertaking donor-assisted reproduction procedures.

Human Trafficking

Questions (487, 488, 489)

Niall Collins

Question:

487. Deputy Niall Collins asked the Minister for Justice and Equality when the national action plan on human trafficking will be published; and if she will make a statement on the matter. [11858/15]

Niall Collins

Question:

488. Deputy Niall Collins asked the Minister for Justice and Equality her views on the recommendation of frontline agencies Doras Luimní, the Immigrant Council of Ireland, and Ruhama in a submission to the European Commission that an independent rapporteur on human trafficking be appointed; and if she will make a statement on the matter. [11859/15]

Niall Collins

Question:

489. Deputy Niall Collins asked the Minister for Justice and Equality her plans to ensure Ireland meets its international commitments to provide safe and secure housing for victims of trafficking, by ending the practice of placing them in direct provision centres where there is a danger of intimidation and further abuse; and if she will make a statement on the matter. [11860/15]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 487 to 489, inclusive, together.

A new National Action Plan to Prevent and Combat Human Trafficking in Ireland is at an advanced stage of drafting in my Department. I anticipate that this draft plan will be issued for consultation to civil society organisation active in this field in the near future. This new Plan seeks to build on progress made to date in this area and address issues raised in independent international evaluations of Ireland's response to this important issue.

The new National Action Plan will outline both the Government's strategic approach to this issue as well as setting out a clear work programme for the relevant state authorities to collaborate with civil society in advancing the fight against trafficking and enhancing the protection of victims. Among the key priorities of Ireland's Anti-Trafficking Strategy are to:

- Prevent trafficking in human beings,

- Identify, assist and protect victims of trafficking in human beings,

- Ensure an effective criminal justice response,

- Ensure effective co-ordination and co-operation between key actors, both nationally and internationally,

- Increase the level of knowledge of emerging trends in the trafficking of human beings, and

- Continue to ensure an effective response to child trafficking.

These key priorities will be reflected in the new Plan and the approach to its implementation will, first and foremost, be victim-centred. Allied to that will be the aim of ensuring an effective criminal justice response to the perpetrators of this evil crime. The partnership structure, which was put in place under the first National Action Plan, will continue to be supported.

I have, since my appointment as Minister for Justice & Equality, met with a number of stakeholders, including civil society organisations, to discuss the issue of human trafficking and have received submissions in relation to their views on the matter which will be further considered in the formal consultation process which will be commenced with the issuing of the draft Plan. This consultation process will encompass both an invitation for comment as well as formal meetings with key stakeholder groups through standing working group structures.

The drafting of the new National Action Plan provides an opportunity to address in detail the full range of support and protection policies in place; the issue of independent oversight in this area will also be considered in this context.

Human Trafficking

Questions (490)

Niall Collins

Question:

490. Deputy Niall Collins asked the Minister for Justice and Equality her plans to ensure an all-island approach to combat human trafficking by publishing her proposals on sex buyer laws before similar legislation comes into force in Northern Ireland on 1 June 2015; and if she will make a statement on the matter. [11861/15]

Written answers

Minister for Justice and Equality

On 27 November, I published the General Scheme of a Criminal Law (Sexual Offences) Bill which includes two new offences of purchasing, in the context of prostitution, sexual services.

The first is a general offence of purchasing sexual services which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of purchasing a sexual service from a trafficked person and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not be subject to an offence.

These new offences are comparable to those introduced in section 15 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 which the Deputy correctly states will come into force on 1 June.

As an additional means of combating the exploitation which is associated with prostitution, these offences will target the demand side of prostitution. However, there is already significant legislative provisions addressing the trafficking of persons for the purposes of exploitation (including sexual exploitation) which can attract significant penalties. I would draw the Deputy's attention to the Criminal Law (Human Trafficking) Act 2008 which prohibits trafficking for the purposes of sexual exploitation. Any person found guilty of such an offence shall be liable to imprisonment for life or a lesser term, and at the discretion of the court, to a fine. It is also an offence for a person to solicit or importune a trafficked person for the purposes of prostitution with a potential penalty of imprisonment for up to 5 years and/or a fine.

The Deputy will also be aware that there are also extensive legislative provisions to address the more exploitative aspects of prostitution. For example, under the Criminal Law (Sexual Offences) Act 1993 it is an offence to organise prostitution, coerce or compel a person to be a prostitute, to knowingly live on the earnings of a prostitute, or to keep or manage a brothel. In addition, public order legislation prohibits the advertising of brothels and prostitution.

Taken as a whole, the existing and new offences that I am introducing in the forthcoming Bill, will achieve a comprehensive approach to combatting trafficking for the purpose of sexual exploitation.

The Bill is priority legislation and is currently being drafted. It is my intention to publish the Bill in the current parliamentary session.