Thursday, 23 Apr 2015

Written Answers Nos. 104-111

UN Conventions Ratification

Questions (104)

Paul Murphy

Question:

104. Deputy Paul Murphy asked the Minister for Justice and Equality with reference to the pledges and commitments provided by the Irish Government during the election to the United Nations Human Rights Council (details supplied), in which the Government committed to the expeditious ratification the United Nations Convention on the Rights of People with Disabilities, if her Department had assessed the legal complications in ratifying the convention at the time of the provision of these commitments; and if she will make a statement on the matter. [16025/15]

Written answers

Minister of State at the Department of Justice and Equality

The Government has given a firm commitment to ratify the Convention on the Rights of Persons with Disabilities and intends to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. As the Deputy is aware, Ireland has a dualist legal system and therefore does not become party to treaties until it is first in a position to comply with the obligations imposed by them, including the amendment of domestic law as necessary. Before making any pledges and commitments to the United Nations, the Department of Justice and Equality naturally examines all the potential issues relevant to our remit. We remain committed to ratification of this important Convention and are determined to take the steps necessary to meet all the CRPD's requirements in a constructive, proactive and appropriate manner.

A team has been charged with examining all outstanding obstacles to ratification, and has nearly completed the first phase of its work, which includes identifying all areas which will need attention to make ratification possible. An Interdepartmental Committee is in place to review issues and the actions and timeframe required to tackle them. Many of these issues involve amending unsuitable and outmoded language and in some cases, archaic legal provisions, in existing legislation. Another key task which is underway involves examining how the important issue of Reasonable Accommodation can be achieved in a meaningful way within our Constitutional framework as interpreted by the Supreme Court.

Progress towards ratification therefore continues to be made and much has been accomplished since the communication to the President of the UN General Assembly dated 13 April 2012 to which the Deputy referred. One of the core obstacles to Ireland's ratification of the Convention is the requirement for enactment of capacity legislation. The Assisted Decision-Making (Capacity) Bill, published on 17 July 2013, provides a series of options to support people with impaired capacity to make decisions and exercise their basic rights in line with the principles of the UN Convention. It undertakes a comprehensive reform of existing legislation governing capacity. The Bill is currently awaiting Committee Stage in the Dáil.

Residency Permits

Questions (105)

Tom Fleming

Question:

105. Deputy Tom Fleming asked the Minister for Justice and Equality if she will examine and expedite an application for temporary and limited leave to remain in the State, in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [16035/15]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned lodged an application on 26 February 2015. Applications are dealt with in chronological order and this application will be receiving attention shortly.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.

Legislative Measures

Questions (106)

Finian McGrath

Question:

106. Deputy Finian McGrath asked the Minister for Justice and Equality the reason she intends to scrap the Lunacy Regulations (Ireland) Act 1871 which has been void since 1922, as per Article 72 of Saorstát Éireann (details supplied); and if she will make a statement on the matter. [16038/15]

Written answers

Minister for Justice and Equality

The Lunacy Regulation (Ireland) Act 1871 is still in force in the State. It is one of the statutes of the United Kingdom of Great Britain and Ireland, 1801 to 1922, that were retained by the Statute Law Revision Act 2007.

The Assisted Decision-Making (Capacity) Bill 2013, awaiting Dáil Committee Stage at the end of May, provides for the Lunacy Regulation (Ireland) Act 1871 to cease to have effect. The primary aim of the Bill is to abolish the current court wardship system and to replace it with a new decision-making support framework compliant with the UN Convention on the Rights of Persons with Disabilities and my Department has been advised that providing for the 1871 Act to cease to have effect will achieve that aim. However, as I finalise the necessary amendments for Committee Stage of the Bill, due shortly, I will also consider, in conjunction with the Attorney General's Office, whether particular provision can be made for unequivocal repeal of the 1871 Act. It is expected that the Bill will be enacted this year.

Residency Permits

Questions (107)

Bernard Durkan

Question:

107. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in order to make an application for Stamp 4 in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16082/15]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question informed INIS that they left the State on 8th March 2014 having remained in the State without permission. As a result, her case was no longer the subject to the provisions of Section 3 of the Immigration Act 1999. I am informed that this person re-entered the State on 9 June 2014 and is currently registered as a student until 21 July 2015. INIS informs me that they do not have an application for a change of status from this person on hands. If the person in question considers that they would qualify for a stamp 4 they should write to the Residency Division, Irish Naturalisation and Immigration Service, 13-14 Burgh Quay, Dublin 2 setting out the full details of their circumstances.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.

Garda Complaints Procedures

Questions (108, 109)

Clare Daly

Question:

108. Deputy Clare Daly asked the Minister for Justice and Equality her views on an appointment (details supplied), in view of the examination by the independent review panel; and if she will make a statement on the matter. [16089/15]

Clare Daly

Question:

109. Deputy Clare Daly asked the Minister for Justice and Equality if, prior to approving the recent list of promotions, she sought information from the independent review mechanism as to whether complaints had been lodged against senior members of An Garda Síochána on the promotions list; and if not, the reason, given that the findings are imminent and could result in disciplinary or other investigations against those members. [16090/15]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 108 and 109 together.

The Deputy is referring to 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. A panel consisting of two Senior and five Junior Counsel was established for the purpose, all selected on the basis of their experience of the criminal justice system.

The review in each case consists of an examination of the papers by independent counsel, who then make a recommendation as to whether any further action might be taken. The process of the Independent Review is not a Commission of Inquiry or Investigation designed to make findings. Its purpose is to triage these allegations to see if further investigations are needed.

Any member of the Garda Síochána who is the subject of an allegation under the Independent Review Mechanism is entitled to due process. In these circumstances it would be inappropriate for the fact that a member of the Garda Síochána may have an untested allegation made against him or her to be taken into account in a situation which could prejudice their future career. Nevertheless, it is always the case that if any member is found to be in breach of discipline, or indeed the criminal law, there are procedures in place to deal with such a situation.

Military Aircraft Landings

Questions (110)

Clare Daly

Question:

110. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 393 of 15 April 2015, the reason, for the purposes of record keeping, a distinction is made between the issue of extraordinary rendition and the more general matter of requests to carry out searches, in view of the fact that the latter could cover suspicions of drugs on board, or of guns, or other illegally held persons, for example, someone kidnapped by a non-State party; and if she will indicate the reason for extraordinary rendition being treated differently. [16112/15]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, the particular issue of extraordinary rendition has given rise to regular requests for information from the Garda Authorities including, for example, in respect of Parliamentary Questions and queries from international bodies. It is in this context that the record-keeping distinction arises. I am informed by the Garda Authorities that all information in respect of any request to search an aircraft is considered fully in accordance with the law before any decision is made.

Crime Data

Questions (111, 125)

Sean Fleming

Question:

111. Deputy Sean Fleming asked the Minister for Justice and Equality the immediate measures she has put in place arising from the inspectorate recommendation in relation to the recording of crime; and if she will make a statement on the matter. [16113/15]

Sean Fleming

Question:

125. Deputy Sean Fleming asked the Minister for Justice and Equality the names of the members of the expert panel which will review the crime counting rules recommended by the inspectorate; when these members will commence their work; the chairperson of the committee; the frequency with which the committee will meet; the expected time frame given; and if she will make a statement on the matter. [16176/15]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 111 and 125 together.

As the Deputy will be aware, the Garda Inspectorate Report on Crime Investigation forms an important component in the overall justice reform programme which is currently under way and in respect of which significant progress has already been made.

An Garda Síochána has established an Implementation Steering Group to focus on the implementation of the short, medium and long-term recommendations in the Report. To assist in the overall reform process a Strategic Transformation Office has been established at Garda Headquarters to co-ordinate the implementation of the reforms arising from the Inspectorate’s report.

As part of this process An Garda Síochána is reviewing all aspects of the manner in which crime is being recorded and classified as a result of the recommendations made in the Inspectorate’s report.

A new Incident Recording Process which addresses the challenges identified in the report has been developed and is currently being piloted in three Garda Divisions. The pilot is focused on achieving data integrity for both crime and non-crime incidents reported to the Garda Information Services Centre (GISC) for inclusion on PULSE.

The compilation and publication of crime statistics is the responsibility of the Central Statistics Office, as the national statistical agency. The CSO is currently carrying out a detailed analysis of certain issues raised by the Inspectorate in relation to the recording, classification and reclassification of crime, to see whether and to what extent they may have implications for the crime statistics which that Office produces. I understand that substantial work has been carried out on this project since the report's publication, and that this work is ongoing.

I can also advise the Deputy that the CSO is also to carry out a victimisation survey, as a module in the quarterly household survey later this year, providing an additional and complementary measure of crime to that provided by police recorded crime statistics.

As the Deputy is aware, the CSO has also agreed to chair an expert panel to examine the Inspectorate's recommendations on crime statistics. The expert panel will review the crime counting and detection rules, as recommended by the Inspectorate, with a view to introducing new national standards. I am advised that the expert panel has commenced its work. I am further advised that the precise timeframe for the work of the panel has yet to be determined and the frequency of meetings is a matter for the CSO who chair the panel to determine in the first instance. The membership of the panel is listed below.

Membership of CSO Expert Panel on Crime Statistics

Name	Place
Mr Paul Crowley	CSO (Chair)
Mr Tim Linehan	CSO
Dr Mary Rogan	Dublin Institute of Technology
Ms Sara Parsons	Garda Síochána Analysis Service
Sgt Gavin Scott	An Garda Síochána
Mr Doncha O’Sullivan	Department of Justice and Equality
Mr Brendan Sheehy	Department of Justice and Equality
Mr Philip McCormack	COSC (DJE)