Derek Nolan
Question:403. Deputy Derek Nolan asked the Minister for Justice and Equality her plans for changing the direct provision policy, with regard to asylum seekers here; and if she will make a statement on the matter. [15420/15]
View answerDirect Provision System
Questions (403)
Written answers
The Reception and Integration Agency (RIA) of my Department is responsible for the provision of full board accommodation and certain ancillary services to asylum seekers in accordance with the Government policy of direct provision. There are currently approximately 4,400 asylum seekers in 34 centres around the State.
Last year, the Government set up an independent working group to report to it on improvements to the protection process, including direct provision and supports for asylum seekers. It is chaired by former High Court judge, Dr. Bryan McMahon, and comprises senior officials from all relevant Departments, the UNHCR, representatives of academia and various NGOs who have a long-standing interest in this area and other representatives of civil society. The working group developed a work programme early on and established three sub-groups to deal with the following themes. The first deals with conditions in centres, the second deals with supports for asylum seekers and the third deals with improving the processing of protection claims. Over 40 meetings at plenary and sub-group level have taken place since the first meeting of the working group on 11 November 2014.
The working group has taken evidence directly from residents in the direct provision system both in writing and orally, visited centres around the country and spoken directly to residents. It has engaged with particular groups of applicants including children, victims of torture, victims of trafficking and sexual violence, members of the LGBTI community and has taken oral and written submissions from a number of experts in this field, including the Irish Human Rights and Equality Commission and the Special Rapporteur on Child Protection, Dr. Geoffrey Shannon. The Government recognises that the issues to be examined by the working group are complex and require thorough consideration to ensure that any recommendations are practical and sustainable from a budgetary perspective and do not undermine existing border controls and immigration policies.
The Chairman has indicated that the Working Group will be in a position to finalise its report before the end of May 2015 after which the Government will then consider the recommendations made therein.
Crime Data
Questions (404)
Derek Nolan
Question:404. Deputy Derek Nolan asked the Minister for Justice and Equality the number of persons who have been convicted of offences under section 5 and section 10 of the Non-Fatal Offences Against the Person Act 1997, specifically in relation to online threats or harassment; and if she will make a statement on the matter. [15421/15]
View answerWritten answers
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 understand that it is not possible to provide the level of disaggregation sought by the Deputy in relation to offences under section 5 and section 10 of the Non Fatal Offences Against the Person Act which involve on-line threats or harassment. However, I have asked the CSO to provide relevant available statistics directly to the Deputy.
Referendum Expenditure
Questions (405)
Mattie McGrath
Question:405. Deputy Mattie McGrath asked the Minister for Justice and Equality the safeguards and measures that have been put in place to assure the public that the misuse of public moneys to fund the upcoming referendum will not occur, in view of the Supreme Court judgment in the children's rights referendum which unanimously upheld a challenge against the Government’s information website and booklet on that referendum, finding that the Government had acted wrongfully in spending money on a website which was not fair, equal or impartial; and if she will make a statement on the matter. [15426/15]
View answerWritten answers
I am mindful of the importance of ensuring adherence to the guidelines set out by the Supreme Court in the McKenna and McCrystal judgments. Accordingly, the only funding allocated for the provision of public information in relation to the referendum on the proposed 34th amendment of the Constitution is to the Referendum Commission, which is independent in the performance of its functions. My Department will not be setting up any information website or issuing any information booklet in relation to the Referendum.
Garda Misconduct Allegations
Questions (406)
John McGuinness
Question:406. Deputy John McGuinness asked the Minister for Justice and Equality the number of cases being considered by the independent review mechanism; the timeframe for a final report; if consideration will be given to publishing individual reports on a case by case basis as they are completed; and if she will make a statement on the matter. [15430/15]
View answerWritten answers
There are currently 318 complaints being considered by the mechanism established by the Government 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.
The volume and complexity of cases has led to the review taking longer than originally anticipated, but it is important that counsel take the time necessary to consider each case fully and carefully. It is therefore considered inappropriate to place a time constraint upon the working of the Panel. Nevertheless counsel are making every effort to conclude their work as soon as is reasonably practicable.
Although counsel have not finished their work, my Department has now received a number of recommendations and I therefore intend to start the process shortly of notifying the persons concerned of the outcome of the review in their cases. While it would not be appropriate to publish individual recommendations, I will consider how best information on the outcome of this process could be made public. In this regard, I have asked counsel, in addition to making recommendations in individual cases, to produce a general overview of the issue and trends identified through this process. I believe that this may lead to recommendation for changes across a number of areas, which if implemented will address many of the general and thematic concerns raised by those persons whose cases were examined by Counsel. I hope to receive this overview report in coming weeks and I will seek to have this report published.
Sentencing Policy
Questions (407)
Mick Wallace
Question:407. Deputy Mick Wallace asked the Minister for Justice and Equality her views on sentencing for those found guilty of the possession of cannabis; her further views on the two year sentence handed down at Tralee court to a person (details supplied), who has arthritis, for the possession of six plants in view of the fact that the Government is bringing forward legislation for the provision of medical cannabis in the form of Sativex; if consideration will be given to making provision for those who use cannabis for pain relief and to make exceptions within the current prohibition on cannabis; and if she will make a statement on the matter. [15431/15]
View answerWritten answers
Cannabis is a controlled substance under the Misuse of Drugs legislation.
Decisions regarding the levels of control which should apply to a particular substance under the legislation are, in the first instance, a matter for the Minister for Health. Such decisions take into account the potential for abuse and the extent to which the particular substance is or can be legitimately used for medical or scientific purposes. The question of whether provision should be made for the use of cannabis for pain relief is therefore one which falls under the remit of my colleague the Minister for Health Leo Varadkar T.D.
However, I am advised by the Health authorities that prior to last July any use of the substance in all forms was prohibited in Ireland. On 11 July 2014 the then Minister of State for Primary Care at the Department of Health Alex White T.D. signed regulations which enables authorised cannabis-based medicinal products to be legally prescribed by medical practitioners and used by patients.
I am further informed that on 18 July 2014 the Health Products Regulatory Authority granted a marketing authorisation for the cannabis based medicinal product Sativex® to be marketed in Ireland and that making the product available for prescribing in Ireland is now a matter for the holder of the product authorisation, GW Pharmaceuticals PLC and its European partner Almirall.
The Health authorities have also advised that the question of whether the product should be made available under the HSE's Community Drugs Schemes High Tech Arrangement is currently the subject of discussions between the HSE and the supplier.
With regard to the issue raised by the Deputy concerning the particular penalties imposed by the Courts in dealing with an offence involving cannabis possession under the Misuse of Drugs legislation, the position is that the Courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. In this regard the conduct of any court case including the decision reached in each case and the factors taken into account in determining those decisions are matters entirely for the presiding judge. It is, therefore, not open to me to comment or intervene in any way in relation to how particular proceedings are conducted or on the outcome of those proceedings.
Upward Only Rent Reviews
Questions (408)
Terence Flanagan
Question:408. Deputy Terence Flanagan asked the Minister for Justice and Equality her views on upward only rent reviews (details supplied); and if she will make a statement on the matter. [15495/15]
View answerWritten answers
The Deputy will recall that the Government made the difficult decision in December 2011 not to proceed with the commitment in the Programme for Government to abolish upward only rent reviews in so called "legacy leases", i.e., those entered into before 28 February 2010. There was a substantial concern that any legislative scheme involving interference in the contractual relationships of private parties would find it extremely difficult to survive a Constitutional challenge. In addition, the Government was advised that any model proposed would require the payment of compensation to landlords whose rights were infringed in order to ensure that the proposal would be compatible with the Constitution and with the European Convention on Human Rights. The situation has not changed since 2011 and, as I have indicated in my replies to previous Parliamentary Questions on the subject of upward only rent review clauses, there are no plans to re-examine the decision taken in 2011.
Court Accommodation Refurbishment
Questions (409)
Gabrielle McFadden
Question:409. Deputy Gabrielle McFadden asked the Minister for Justice and Equality when the contract to refurbish Mullingar Courthouse, County Westmeath, will be signed; when construction work is due to commence; and if she will make a statement on the matter. [15497/15]
View answerWritten answers
As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that they are at an advanced stage in planning the refurbishment and extension of the courthouse in Mullingar as part of the Government's infrastructure stimulus package. It is intended that this will be delivered by way of Public Private Partnership along with six other courthouse projects. I am informed that tenders were received last month and are currently being assessed by the Courts Service. A preferred tenderer is expected to be announced within the next few weeks and work on site is expected to commence later this year.
Coroners Service
Questions (410)
Clare Daly
Question:410. Deputy Clare Daly asked the Minister for Justice and Equality in view of the eight maternal deaths through medical misadventure between 2007 and 2012, and the fact that details which led to a verdict of medical misadventure only emerged during the course of inquests hard-fought for by family members of the deceased, if she will institute a system whereby maternal deaths in Health Service Executive hospitals are automatically subject to inquest [14705/15]
View answerWritten answers
Currently, under the Coroners Act 1962 any death which is sudden, unexpected, unexplained, or not due to natural causes must be reported to the Coroner. Categories of death which must specifically be reported include deaths:
- resulting directly or indirectly from any surgical or medical treatment or procedure,
- where there is any allegation of medical negligence, misconduct or malpractice on the part of any registered medical practitioner, nurse or other person,
- occurring during a surgical operation or anaesthesia.
The Coroners Bill 2007 includes a specific requirement (at section 25 and Third Schedule point 11) that any maternal death occurring during or following pregnancy - up to six weeks post-partum - or that might be reasonably related to pregnancy, must be reported to the coroner.
As the Deputy will know, the Coroners Bill provides for a comprehensive reform of the Coroners Act 1962 and of the existing coroner system. I can confirm to the Deputy that a review of the Coroners Bill 2007 has commenced, at my request, with a view to developing a plan for its progression. As finalising the review is dependent on competing legislative priorities, I am not in a position, at present, to give a definitive indication on a timeframe for this project.
In the meantime, my understanding is that, although there is no formal legal requirement, maternal deaths are already treated as deaths which must be reported to the coroner as a 'rule of practice'. This is reflected in the Coroners Service website and by the website of the Dublin City Coroner which describes them as reportable under rules of practice.
The decision on whether to hold an inquest is made by the coroner who is an independent quasi-judicial officer and whose powers and duties are prescribed by law.
Under the Coroners Act, the coroner must hold an inquest into a death reported to him or her if she or he is of the opinion that the death may be unnatural, or from unknown causes. In reaching such a decision the coroner will take account of any concerns expressed to him or her by the family of the deceased.
It should be borne in mind that an automatic rule requiring an inquest into any maternal death in a hospital, regardless of its circumstances, could impose unnecessary further distress to the deceased's family.
Road Traffic Offences
Questions (411)
Finian McGrath
Question:411. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding a road traffic violation (details supplied); and if she will make a statement on the matter. [15519/15]
View answerWritten answers
The Deputy will appreciate that I have no role in relation to the bringing of prosecutions and that it would not be appropriate for me to offer advice or interpretation of the law in relation to any particular case. I am, however, informed by the Garda authorities that Section 5 to 8 of the Road Traffic Act 2014, provides a default speed limit for all public roads, including a built-up area speed limit of 50 kilometres per hour (Section 5 of the Road Traffic Act 2014). I am further informed that where a default speed limit is increased or decreased by a Local Authority, as provided by Section 9 of the Road Traffic Act, the necessary bye-laws and signage must be in place to inform members of the public.
Prisoner Data
Questions (412)
Clare Daly
Question:412. Deputy Clare Daly asked the Minister for Justice and Equality the average number of prisoners in custody for the months of November 2014 to March 2015, inclusive; if she will provide, in tabular form, the average number of prisoners per month, broken down by prison; the capacity of each prison; and the Inspector of Prisons' recommended capacity of each prison for each of these months. [15651/15]
View answerWritten answers
The information sought by the Deputy has been provided by the Irish Prison Service and is set out in the following table:
|
Prison |
November |
December |
January |
February |
March |
Bed Capacity |
Bed Capacity |
|
Institution |
per Inspector of Prisons |
||||||
|
Mountjoy (Male) |
540 |
533 |
532 |
551 |
548 |
554 |
554 |
|
Mountjoy (Female) |
116 |
102 |
99 |
110 |
115 |
105 |
105 |
|
Training Unit |
85 |
89 |
91 |
91 |
92 |
96 |
96 |
|
St. Patrick's |
8 |
5 |
5 |
4 |
10 |
34 |
34 |
|
Cloverhill |
370 |
333 |
339 |
349 |
344 |
431 |
414 |
|
Wheatfield |
483 |
472 |
456 |
460 |
485 |
550 |
550 |
|
Midlands |
796 |
801 |
793 |
804 |
814 |
870 |
870 |
|
Portlaoise |
232 |
236 |
228 |
226 |
221 |
291 |
291 |
|
Cork |
221 |
220 |
225 |
226 |
217 |
210 |
173 |
|
Limerick (Male) |
223 |
207 |
210 |
216 |
218 |
220 |
185 |
|
Limerick (Female) |
25 |
26 |
25 |
24 |
21 |
28 |
24 |
|
Castlerea |
314 |
292 |
292 |
313 |
321 |
340 |
300 |
|
Arbour Hill |
139 |
140 |
140 |
140 |
140 |
142 |
131 |
|
Loughan House |
111 |
96 |
102 |
118 |
122 |
140 |
140 |
|
Shelton Abbey |
104 |
87 |
100 |
102 |
105 |
115 |
115 |
|
Totals |
3,767 |
3,639 |
3,637 |
3,734 |
3,773 |
4,126 |
3,982 |
As outlined in the Irish Prison Service Three Year Strategic Plan 2012 - 2015, it is intended to align the bed capacity of our prisons with the guidelines laid down by the Inspector of Prisons, in so far as this is compatible with public safety and the integrity of the criminal justice system. This has been completed for 9 out of the 14 prisons in the State. The number in custody on 20th April (3,718) represented 93% of the Inspector of Prisons recommended total of 3,982.
The Deputy will be aware that the average number of prisoners in custody in Ireland rose from 3,321 during 2007 to 4,318 during 2012, an increase of over 30%. Likewise the total number of committals to prison also rose sharply during the same period, from 11,934 in 2007 to 17,026 in 2012 – an increase of over 43%.
2013 saw the first significant decrease in prison numbers since 2007. There were 15,735 committals to prison in 2013 which was a decrease of 7.6% on the 2012 figure. The overall daily average number of prisoners in custody has also dropped in recent years. The average number in custody for 2014 was 3,916 a reduction of 10.8% on the 2011 average of 4,390.
The Deputy may wish to note that the number in custody reached a peak of 4,621 on 23rd February 2011. Today there are 903 less prisoners in custody which represents a decrease of 19%.
Prisoner Data
Questions (413)
Clare Daly
Question:413. Deputy Clare Daly asked the Minister for Justice and Equality if she will provide, in tabular form, the number of prisoners temporarily released on the community return programme, by prison, and by year, from the years 2012 to 2014. [15652/15]
View answerWritten answers
I am advised by the Irish Prison Service that the information requested by the Deputy is as set out in the following table:
|
Prison |
2012 |
2013 |
2014 |
|
Arbour Hill |
0 |
0 |
0 |
|
Castlerea Prison |
5 |
6 |
11 |
|
Cloverhill Prison |
0 |
3 |
0 |
|
Cork Prison |
29 |
19 |
41 |
|
Dochas Centre |
12 |
21 |
14 |
|
Limerick Prison |
22 |
39 |
35 |
|
Loughan House |
27 |
79 |
92 |
|
Midlands Prison |
29 |
33 |
33 |
|
Mountjoy Prison |
40 |
36 |
23 |
|
Portlaoise Prison |
4 |
15 |
9 |
|
Shelton Abbey |
70 |
82 |
127 |
|
St Patrick's Institution |
12 |
19 |
2 |
|
Training Unit |
36 |
18 |
43 |
|
Wheatfield Place of Detention |
13 |
26 |
25 |
|
Total |
299 |
396 |
455 |
The Community Return Scheme is a unique initiative whereby carefully selected prisoners can be granted reviewable temporary release coupled with a requirement to do community service work such as painting, gardening or graffiti removal in a supervised group setting. The type of work involved is intended to assist the community and the scheme is involved with a large number of charitable organisations and local community groups.
The results of the Community Return Scheme have to date been extremely positive with almost 90% of participants having successfully completed their obligations or are currently complying with the conditions of their early release. Any participant in the Community Return Scheme who fails to comply with the conditions of their release is immediately returned to prison. Feedback from the participants has been positive with many commenting on the supports and structure that it gives them on their release and how it has assisted in their transition back into the community.
Prisoner Data
Questions (414)
Clare Daly
Question:414. Deputy Clare Daly asked the Minister for Justice and Equality if she will provide, in tabular form, the number of prisoners temporarily released on the community support programme, by prison, and by year, from the years 2012 to 2014. [15653/15]
View answerWritten answers
I am advised by the Irish Prison Service that the information requested by the Deputy is as set out in the following table:
Total Releases on to the Community Support Scheme
|
Prison |
2013 |
2014 |
|
Mountjoy Prison |
38 |
110 |
|
Dochas Centre |
18 |
39 |
|
West Dublin Campus (Wheatfield Place of Detention and Cloverhill Prison |
0 |
62 |
|
Cork Prison |
55 |
115 |
|
Limerick Prison |
0 |
23 |
|
Total |
111 |
349 |
The Deputy should note that the scheme was not in operation in 2012.
The initial scheme was set up in Cork in 2013. It was expanded to Mountjoy Campus later on that year. The West Dublin Campus commenced in mid 2014 and expanded to Limerick Prison in late 2014.
Community Support Schemes have been set up to address the recidivism levels of those serving sentences of under 12 months from those catchment areas. The Community Support Scheme groups comprise of a number of prison based personnel, representing the discipline grades and therapeutic services, staff from the Irish Prison Service/Probation Service co-located unit as well as Community Support Workers based in the community.
The groups engage with prisoners shortly after committal and seek to identify risk factors, make appropriate referrals and prepare a sentence management plan in each case. The primary aim of these Schemes is to reduce the current recidivism rates by arranging for additional support structures and provide for a more structured form of temporary release.
These Schemes focus on working with short term sentenced prisoners - helping with issues such as housing, medical care, substance abuse, training needs, etc. The aim is to increase support to prisoners - prior to their release from prison, upon their release and then for a period after their release in order to help break the cycle of reoffending.
Prison Service Strategies
Questions (415)
Clare Daly
Question:415. Deputy Clare Daly asked the Minister for Justice and Equality the date on which she expects the strategies for older prisoners; women prisoners, young prisoners, sex offenders, and prisoners requiring protection to be published; when the strategies will be operational in each prison; and if she will make a statement on the matter. [15654/15]
View answerWritten answers
As the Deputy is aware the Irish Prison Service Strategic Plan 2012 - 2015 includes a commitment that the Irish Prison Service will, in conjunction with other key stakeholders, devise specific strategies for younger prisoners, women, older prisoners, sex offenders, protection prisoners, violent offenders and those suffering from mental illness. Work on the development and implementation of these strategies are underway and are being implemented over the lifetime of the Strategic Plan.
The progress report on year 2 of the implementation plan of this strategy will form part of the soon to be published Irish Prison Service Annual Report for 2014. I will furnish the Deputy with a copy of this report which will be published shortly.
In relation to the strategy for young offenders, the Deputy will be aware the Government is committed to ending the practice of sending children to St. Patrick’s Institution. Significant progress has been made by my own Department and the Department of Children and Youth Affairs in fulfilling that commitment. Responsibility for 16 year old boys was transferred from the Irish Prison Service to the children detention facilities at Oberstown in May 2012. Since December 2013, all boys aged 17 years sentenced to detention in St. Patrick’s have been transferred to dedicated units in Wheatfield Place of Detention. Boys aged 17 remanded in custody to St. Patrick’s Institution remain the responsibility of the Irish Prison Service pending the completion of the building project at the children detention facilities at Oberstown and the preparation of the necessary legal instruments to transfer responsibility for this category of offender to Oberstown. The Oberstown campus commenced taking 17 year old males who are newly remanded in custody since Monday 30 March 2015. This is a further step towards the implementation of the Programme for Government commitment to end the detention of children in adult prison facilities.
Further work carried out for young offenders includes: facilitating Red Cross training in Wheatfield Place of Detention, focusing on rehabilitative resettlement of young offenders under supervision and delivering victim empathy group programmes in both Wheatfield and the children detention school.
On 6 March 2014 the IPS published a Women’s Strategy entitled "An Effective Response to Women Who Offend". The Women’s Strategy sets out how the Irish Prison Service and the Probation Service work together, as well as with other statutory, community and voluntary sector partners, to provide women-focused interventions to help reduce offending, improve opportunities for reintegration and to improve outcomes more generally. This co-operative approach is a direct result of the Joint Irish Prison Service/Probation Service Female Strategy 2014-2016 which aims to deliver more effective offender management. In addressing the needs of women offenders the IPS have also:
- worked with a range of agencies including the Dublin Regional Housing Executive, Dublin City Council, HSE, DCETB to open the Abigail centre which is run by DePaul Ireland and Novas Ireland. The centre provides supported accommodation and a wide variety of services for women.
- Initiated collaboration with INSPIRE women's project in Northern Ireland with a joint visit by the PS and IPS staff.
- Pursued tailored placements for women on community service and community return.
- completed audit of inreach services in the Dochas Prison and Limerick Women's Prison.
In relation to prisoners on protection the strategy commits the Prison Service to introducing appropriate assessment procedures to inform their prisoner placement policy to ensure that prisoners are accommodated appropriate to their security status. The roll-out of the various assessment tools is well under way. It is at the committal stage that the majority of prisoners are identified as being in need of protection. In many instances, the prisoner will identify himself as being in need of same and in other instances, either intelligence or the assessment of the governor will identify a prisoner as requiring protection. Efforts are made on a continuous basis to reduce the numbers of protection prisoners, there is a significant reduction in the number of protection prisoners and improved out of cell time. Since the commencement of the census in July 2013, the number of prisoners on 22/23 hour lock up has decreased by 154 or 74% from 211 to 57% ( Figures taken from January 2015 Census).
In the context of older persons in prison, in line with the Three Year Strategic Plan, the Irish Prison Service is seeking to identify the care needs of persons 55 years of age and above with a view to putting in place care plans to address those needs. Development of a Prison policy specifically focusing on the care and management of older prisoners - strategic links and interventions is ongoing to strengthen integration, cooperation and support in collaboration with community services to ensure seamless transition on release, in addition to improving the quality of life of this cohort of prisoners while in custody. The survey of older prisoners was completed in 2014 and a review of the survey results is currently under consideration and appropriate actions within resources to be implemented in 2015.
Discussions and proposals of the joint IPS/Probation Service working group, in relation to achieving an effective and managed response to imprisoned sex offenders, are under active consideration in partnership with my Department.
Prisoner Data
Questions (416)
Clare Daly
Question:416. Deputy Clare Daly asked the Minister for Justice and Equality the number of prisoners that participated in the integrated sentence management scheme from 2012 to 2014; if she will provide, in tabular form, the number of participants, broken down by prison and by year; and the number of scheme officers for each year. [15655/15]
View answerWritten answers
I am advised by the Irish Prison Service that it is not possible to provide the Deputy with the specific information requested as the Integrated Sentence Management System (ISMS) does not retain information in the format requested.
However, a snapshot taken from the Integrated Sentence Management System (ISMS) on 20 April 2015 records 2,997 active ISM cases at varying stages of the process from First Contact Assessment to Community Integration Plan, across the prison estate as set out in the table below. Over 6,460 prisoners have been offered participation in ISM since it began as a pilot project in 2008.
|
Prison |
ISM Cases |
|
Arbour Hill |
142 |
|
Cast;erea |
193 |
|
Cloverhill |
135 |
|
Cork |
209 |
|
Dochas |
96 |
|
Limerick |
152 |
|
Loughan |
151 |
|
Midlands |
566 |
|
Mountjoy |
499 |
|
Portlaoise |
182 |
|
Shelton |
114 |
|
Training Unit |
114 |
|
Wheatfield |
444 |
|
Total |
2997 |
The appointment of ISM Coordinators to all locations concluded in March 2015. A total of 24 dedicated ISM Coordinators are now operational in all prisons and open centres. The allocation of dedicated staff in each establishment greatly enhances the effectiveness of the sentence management system and facilitates the growing numbers of prisoners participating in the process. To enhance consistency of delivery across the prison estate a dedicated ISM Coordinator training course was delivered in the IPS College in 2014.
Newly committed prisoners with a sentence of greater than one year are eligible to take part in Integrated Sentence Management (ISM). This involves a specific orientation in the delivery of services to prisoners and an emphasis on prisoners taking greater personal responsibility for their own development through active engagement with both specialist and non-specialist services in the prisons. The end result is a prisoner-centred, multi-disciplinary approach to working with prisoners with provision for initial assessment, goal setting and periodic review to measure progress.
Following committal the ISM Coordinator conducts a First Contact Assessment. This First Contact Assessment identifies the needs of the prisoner in several areas such as accommodation, education and offending behaviour. Referrals are made on foot of this assessment to services within the prison such as Education, Work/Training and outside agencies providing an in-reach service. The various actions recommended by these services are compiled into a Personal Integration Plan (PIP). This is a plan of actions for the prisoner to complete during his/her time in prison. The PIP will be reviewed regularly depending on the length of the sentence. Approximately 9 months prior to the release of the prisoner, a Community Integration Plan (CIP) will be developed. This sets out a plan for the prisoner to prepare for his/her release. Important issues such as accommodation, employment or education are addressed to help the prisoner resettle into the community on release and reduce the risk of re-offending.
The ISM process has played a key role in the success of the Community Return Scheme. ISM Coordinators are also active participants in sentence planning for certain categories of prisoners serving less than one year, for example, female prisoners, prisoners at risk of homelessness on release, or prisoners participating in the Community Support Scheme.
Prison Service
Questions (417)
Clare Daly
Question:417. Deputy Clare Daly asked the Minister for Justice and Equality if she will provide details regarding the development of a dignity at work charter in the Irish Prison Service; if a prison-wide dignity and respect campaign has been launched; the date on which she expects information regarding a dignity at work charter to be published; and if she will make a statement on the matter. [15656/15]
View answerWritten answers
As the Deputy will be aware the Irish Prison Service has a commitment in its current Strategy (2012 - 2015) to develop a Dignity at Work Charter. I am advised by the Director General of the Irish Prison Service that significant staff consultation took place through the holding of 19 focus groups across the Prison Estate. Resulting from these consultations five behaviours were identified by staff as necessary to ensure a dignified work environment. These are Respectful, Supportive, Openness, Competence, Fair & Inclusive behaviours. These principles will be at the heart of what the Irish Prison Service sets out to achieve in the coming years and into the future in all strategic actions.
Five sub groups were then established to develop policies and initiatives to bring about a working environment displaying these behaviours. I am advised that a number of policies have been drafted including Acceptable Behaviour Standard, Anti Graffiti Policy, Competency Framework, Well-Being at Work Policy placing the foundations to the programme.
In recognition of the strategic importance of a positive and inclusive work environment the Director General commissioned an Independent Interim Report on the programme which was published last month and is fully committed to the delivery of this programme.
A number of issues have arisen in respect of the Dignity at Work Programme in recent months and I am advised by the Irish Prison Management that they have at all times continued to engage constantly with the Prison Officers Association on these issues.
In this context the overall objective must remain a working environment which is based on co-operation, openness, equality and respect.
Drugs in Prisons
Questions (418)
Clare Daly
Question:418. Deputy Clare Daly asked the Minister for Justice and Equality the institutions that have drug free units currently operating; the number of spaces; prisoners; and vacancies in each drug free unit; and if she will make a statement on the matter. [15657/15]
View answerWritten answers
I wish to inform the Deputy that there are currently Drug Free Unit's operational in 7 closed prisons: Mountjoy (Male), Dochas Centre, Cloverhill, Limerick, Cork, and Castlerea Prison and Wheatfield Place of Detention. There is an aggregate total of 560 spaces in these unit's, which currently house 486 prisoners with 74 spaces available. The majority of Units operate at or close to their capacity and prisoners are only accommodated in such Units when they meet the strict criteria which applies including evidence of drug free status.
The breakdown of these aggregate figures is set out as follows:
- Mountjoy Male Prison; 54 spaces, with 48 prisoners currently in the Unit and 6 spaces.
- Dochas Centre; 55 spaces, with 40 prisoners currently in the Unit, and 15 spaces available.
- Wheatfield Place of Detention; 180 spaces, with 163 prisoners currently in the Unit, and 17 spaces available.
- Cloverhill Prison; 52 spaces, with 33 prisoners currently in the Unit, and 19 spaces.
- Limerick Prison; 45 spaces, with 45 prisoners currently in the Unit and no spaces.
- Cork Prison; 34 spaces, with 30 prisoners currently in the Unit, and 4 spaces.
- Castlerea Prison; 140 spaces, with 127 prisoners currently in the Unit, and 13 spaces.
Prisoner Health
Questions (419)
Clare Daly
Question:419. Deputy Clare Daly asked the Minister for Justice and Equality if standard audit tools to measure health care equivalence in the prison system have been developed; if these tools have been implemented and audits carried out; the results of these audits; if changes have been made to health care in line with audit recommendations; and if she will make a statement on the matter. [15658/15]
View answerWritten answers
I wish to inform the Deputy that the Irish Prison Service Three Year Strategic Plan 2012 - 2015, under Strategic Action 3: gave a commitment to provide equivalence of care to all prisoners in custody, and to develop audit tools to measure such equivalence. I am advised that the Irish Prison Service has recently carried out an audit of healthcare standards in a number of prison institutions, including Dochas Centre, Arbour Hill, Limerick, Wheatfield, and Cork. These audits have shown that compliance with healthcare standards has risen significantly and now ranges from 76 to 89% across the institutions which have undergone the most recent audits.
Prison Security
Questions (420)
Clare Daly
Question:420. Deputy Clare Daly asked the Minister for Justice and Equality if she will provide the latest information on the implementation of the cell share risk assessment tool proposed as part of the Irish Prison Service's three year strategic plan; the location at which it is currently operational; if she will provide a copy of the policy document on cell share risk assessment; and if she will make a statement on the matter. [15659/15]
View answerWritten answers
I am advised by the Irish Prison Service that as part of the response to the Report of the Commission of Investigation into the Death of Gary Douche (McMorrow Report) the Irish Prison Service Security Compliance Group was tasked with developing the Irish Prison Service "Cell Sharing Risk Assessment Policy". The policy is currently at draft stage and close to completion. Once the policy is finalised it will be made publicly available.
A pilot scheme, overseen by the IPS Security Compliance Group, was introduced in Midlands Prison in February 2015 and is working well. The pilot evaluation will feed into the finalisation of the Cell Sharing Risk Assessment policy and procedures.
Proposed Legislation
Questions (421)
Seán Kyne
Question:421. Deputy Seán Kyne asked the Minister for Justice and Equality the status of the Criminal Law (Sexual Offences) Bill 2014; and if the passage of this legislation will be expedited in view of the upcoming reforms in neighbouring jurisdictions, which could negatively impact on this country. [15825/15]
View answerWritten answers
On 27 November 2014, I published the General Scheme of the Criminal Law (Sexual Offences) Bill. The Bill will introduce new offences of purchasing, in the context of prostitution, sexual services which are directed at the demand side of prostitution with a view to tackling the exploitation, including trafficking in persons, associated with prostitution. The General Scheme also contains wide ranging provisions to enhance the protection of children and other vulnerable persons from sexual abuse and exploitation. The Bill will also implement the recommendations of a number of Oireachtas Committees, reform the law on incest and update the Sex Offenders Act 2001. Addressing these sensitive issues makes this a complex piece of legislation. It is currently being drafted, with a view to publication in this parliamentary session.
I would also like to advise the Deputy of existing laws in the area of prostitution. Under section 6 of the Criminal Law (Sexual Offences) Act 1993, it is an offence to solicit in a street or public place for the purpose of prostitution. It is also an offence under the 1993 Act to organise prostitution, 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. I am satisfied that these provisions are adequate to address any impacts to this State arising from upcoming reforms in other jurisdictions.
Public Sector Pensions Data
Questions (422)
Michael McGrath
Question:422. Deputy Michael McGrath asked the Minister for Justice and Equality if she will provide in tabular form the number of retired public service pensions in payment in each year from 2008 to 2014 under the aegis of her Department; and if she will make a statement on the matter. [16056/15]
View answerWritten answers
Retired staff members of my Department and the bodies under its aegis are mainly in receipt of pensions from the Superannuation and Retired Allowances Vote (Vote 12) of the Department of Public Expenditure and Reform. Payments to retired members of An Garda Síochána are made from the Garda Síochána Vote (Vote 20). Pension payments to the dependents of retired members are also made from this Vote in certain circumstances. The number of retired members and their dependents in receipt of pensions for each of the years 2008 to 2014 inclusive is set out as follows:
|
Year |
Number of pensions in payment during the year |
|
2008 |
8,061 |
|
2009 |
8,616 |
|
2010 |
8,876 |
|
2011 |
9,277 |
|
2012 |
9,764 |
|
2013 |
10,007 |
|
2014 |
10,201 |