Written Answers Nos. 390-406
390. Deputy Niall Collins asked the Minister for Justice and Equality the position regarding a piece of vacant land to the rear of properties (details supplied) in Dublin 11, which is subject to a claim of first registration to the Property Registration Authority; and if she will make a statement on the matter. [18194/15]
View answerI can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.
The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round.
I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.
392. Deputy Michael Healy-Rae asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding water charge campaigners; and if she will make a statement on the matter. [18225/15]
View answerI am aware of the commentary to which the Deputy refers concerning the deployment of Garda resources to police certain protests against the installation of water meters. I share the recently expressed views of the Garda representative bodies about the unfortunate necessity to have to divert Garda resources to police water meter protests when those resources could be used for other policing purposes.
The statutory functions of An Garda Síochána include the preservation of peace and public order, protecting life and property and vindicating the human rights of individuals. In the context of these functions it has been necessary for the Garda authorities to deploy Gardaí routinely at water meter installations and protests. The role of An Garda Síochána in such instances is to ensure, insofar as it is possible, that members of the public may go about their lawful business. Indeed, the presence of An Garda Síochána is also essential to ensure the safety of protesters in such circumstances.
An Garda Síochána always endeavours as best it can to facilitate peaceful protests and demonstrations. However, it is always unfortunate when a small number of individuals resort to means other than peaceful ones to express their views, to intimidate others or to engage in protest. We have, unfortunately, seen examples of this in respect of some of the protest actions against water charges and the installation of water meters.
Clearly, the behaviour of a small number of individuals whose motivation is other than peaceful is taking up Garda resources which could be better deployed for the benefit of society elsewhere. In that context An Garda Síochána has the support of the Government in carrying out their duties in what can be a difficult policing situation.
393. Deputy Michael Healy-Rae asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding errors in the information technology database; and if she will make a statement on the matter. [18226/15]
View answerI am informed by An Garda Síochána that Automatic Number Plate Recognition (ANPR) is an in-car camera system installed in selected Garda vehicles and used to read vehicle registration plates and to check them against various databases. It is employed by An Garda Síochána to support a wide range of roads and other policing functions, including detection of stolen and untaxed vehicles, and for crime detection purposes. The total cost of the project since its commencement in 2008 is €1.373m.
I am further informed that certain anomalies emerged in 2014 in relation to a database of uninsured vehicles provided by the car insurance industry to An Garda Síochána, and that is was agreed that this database be withdrawn. An Garda Síochána is working with the relevant stakeholders to resolve these issues.
No proceedings were commenced against drivers with valid insurance as a consequence of these anomalies, nor were additional costs incurred by An Garda Síochána. The Garda PULSE IT system is not affected by this development. I am further advised that there has been no discernible impact on roads policing enforcement and that all other databases used by the ANPR system remain fully operational.
394. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she will report on the work of the Working Group on Direct Provision; and when she expects recommendations to be made to her. [18230/15]
View answerThe Independent Working Group to report to Government on what improvements should be made to the protection process, including Direct Provision and supports for asylum seekers, was set up in October 2014. The Working Group is chaired by former High Court Judge, Dr. Bryan McMahon and its membership is drawn from a range of interests in the international protection area including, UNHCR, non governmental organisations, protection applicants, academia, and relevant Government Departments and Offices.
At an early stage the Group established three smaller, more focused groups to deal with specific themes - namely:
-Improvements to the living conditions in Direct Provision centres aimed at showing greater respect for the dignity of persons in the system and improving their quality of life;
-Improved financial, educational and health supports for protection applicants;
-Improvements to the existing arrangements for the processing of protection applications with particular regard to the length of the process.
Over forty meetings of the plenary and sub-groups have taken place to date. The Group has taken evidence directly from residents in the Direct Provision system, both in writing and orally and members have visited centres around the country. A number of consultation sessions with particular groups of applicants including children, victims of torture, victims of trafficking/sexual violence and members of the LGBTI community have also taken place. In addition, the Group heard from a number of experts in this area including the Irish Human Rights and Equality Commission and the Special Rapporteur on Child Protection, Dr. Geoffrey Shannon.
The Sub Groups have completed their work and reported to the plenary. I understand that work on the final report is underway and that it will be submitted in the coming weeks.
395. Deputy Ruth Coppinger asked the Minister for Justice and Equality if there are any preparations for any possible impact in this State due to the change in the law in the North related to the selling of sex, which will be in effect from 1 June 2015; and if she will make a statement on the matter. [18231/15]
View answerOn 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.
The Bill is priority legislation and is currently being drafted. It is my intention to publish the Bill in the current parliamentary session.
As an additional means of combatting the exploitation which is associated with prostitution, these offences will target the demand side of prostitution. However, there are already 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.
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.
396. Deputy Michael McCarthy asked the Minister for Justice and Equality when a new appointment will be made to fill the current vacant position at Commissioner level in the Garda Síochána Ombudsman Commission; and if she will make a statement on the matter. [18276/15]
View answerMr Simon O'Brien resigned from his position as Chairperson of GSOC on 30 January 2015. With regard to the vacancy that arose on foot of Mr O’Brien’s resignation, I should first of all say that the 2005 Act provides for a situation where a member of GSOC has resigned his or her position, and permits GSOC to act notwithstanding the vacancy.
The appointment of members of GSOC is governed by section 65 of the 2005 Act. This stipulates that the Commission consists of 3 members, all of whom are to be appointed by the President on the nomination of the Government, following the passage of resolutions by both Houses of the Oireachtas recommending the appointments. The 2005 Act requires that the Government must be satisfied that persons nominated have the appropriate experience, qualifications, training or expertise for appointment having regard to the functions of GSOC. I should point out that the person who will be appointed to GSOC will serve out Mr O'Brien's term of office which will expire at the end of December 2016.
I have previously advised the House that, following careful consideration of the matter, I have decided to advertise the position of Chairperson of GSOC, for the remainder of the term. I intend to advertise the position in the coming days.
397. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress, to date, in determining an application for asylum in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [18284/15]
View answerIf the person whose details were supplied has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such applications for so long as they remain in the protection process.
398. Deputy Terence Flanagan asked the Minister for Justice and Equality when she expects legislation (details supplied) to be enacted; and if she will make a statement on the matter. [18285/15]
View answerOn 27 November, I published the General Scheme of the Criminal Law (Sexual Offences) Bill. The Bill will provide for new offences of purchasing, in the context of prostitution, sexual services. It also includes wide ranging provisions to enhance the protection of children and vulnerable persons from sexual abuse and exploitation. When enacted, the Bill will facilitate full compliance with the criminal law provisions of a number of EU, UN and Council of Europe legal instruments. 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.
As the Deputy will appreciate, this is a complex piece of legislation addressing a number of sensitive issues. The Bill is priority legislation and is currently being drafted, with a view to publication in this parliamentary session.
399. Deputy Niall Collins asked the Minister for Justice and Equality when the Child and Family Relationships Act 2015 will be commenced; and if she will make a statement on the matter. [18291/15]
View answerAs I indicated in my response to Parliamentary Question No. 103 of 23 April 2015, "[...] section 1 of the Children and Family Relationships Act 2015 provides for the commencement of different Parts of the Act by different Ministers, because the Act addresses policy responsibilities of several different Ministers. My Department is working on an implementation plan for those areas which I will be commencing with a view to their commencement without undue delay. All of the necessary legal infrastructure must be in place prior to commencement, such as rules of court, court forms, regulations, and so on.
I note again for the record that I committed jointly with Minister Varadkar that Parts 2 and 3 of the Act, concerning parentage of children born through donor-assisted human reproduction, would not be commenced for a minimum period of one year from enactment, to provide an appropriate transition period and ensure that couples currently undergoing donor-assisted human reproduction treatment could continue that treatment."
The position is unchanged.
400. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if she will review the income limits for qualifying for legal aid; when these limits were last reviewed; if the limits take account of inflation since they were last set; and if she will make a statement on the matter. [18309/15]
View answerI wish to inform the Deputy that the Civil Legal Aid Regulations were last amended in September 2013 as a result of a review of the financial eligibility criteria and the current disposable capital limit was then set at €100,000 under the Civil Legal Aid Regulations 2013 (SI No 346 of 2013). The disposable income limit was last set at €18,000 under the Civil Legal Aid Regulations 2006 (SI No 460 of 2006). I understand that the Consumer Price Index for the period from mid August 2006 to mid March 2015, the most recent date for which figures are available, increased by 7.1%. However, I have no plans at present to further amend the financial eligibility requirements although the matter is kept under review.
401. Deputy Pearse Doherty asked the Minister for Justice and Equality her plans to empower the Credit Review Office to review rejected insolvency cases; and if she will make a statement on the matter. [18319/15]
View answerThe Statement of Government Priorities 2014-2016 provided for a review of the personal insolvency legislation, to ensure that it can work effectively to support those who are struggling with unsustainable debt, including mortgage arrears.
The Government is considering a range of proposals to address these issues, and I am currently engaging with Ministerial colleagues regarding possible changes to the personal insolvency legislation.
I can confirm that announcements on these matters will be made shortly.
402. Deputy Denis Naughten asked the Minister for Justice and Equality the total cost in 2014 and to date in 2015, respectively, of the electronic tagging programme; the number of persons on remand and on conditional release, respectively, with an electronic tag; the number of persons on the sex offenders register with an electronic tag; the total number of electronic tags available, and in use, within the justice system; and if she will make a statement on the matter. [18368/15]
View answerFollowing a competitive tender in 2014, Chubb Ireland was awarded the contract for the supply of electronic monitoring of prisoners for the Irish Prison Service. The annual cost of the contract will depend on the number of prisoners who are monitored throughout the course of the year. It is expected that the average monthly costs of the contract will be in the region of €9,500 (excluding VAT).
The total cost of the provision of electronic tagging in 2014 was €73,961. For 2015, the total cost as at 30th April 2015 is €34,119.
As I have previously explained, electronic monitoring is mainly used by the Irish Prison Service to monitor prisoners who have been granted temporary release from prison to attend as hospital in-patients. It thus allows for a reduction in staffing costs for hospital escorts. In considering any prisoner for temporary release, under the specified conditions relating to the management of the electronic monitoring process, public safety remains the primary operational consideration. In this context there are 4 offenders on conditional release with an electronic tag.
The Sex Offenders Act 2001 contains a comprehensive series of provisions aimed at protecting children and other persons. Part 2 of the Act makes persons convicted of a range of sexual offences subject to notification requirements, often referred to as the "sex offenders register".
At present there is no provision in the Act for the electronic tagging of sex offenders. Provisions have been included in the General Scheme of the new Criminal Law (Sexual Offences) Bill, which will amend the Sex Offenders Act, to allow for the electronic tagging of sex offenders in certain circumstances. The Bill is scheduled for publication during the current parliamentary session.
403. Deputy Thomas P. Broughan asked the Minister for Justice and Equality her views that a definition of consent should be included in the forthcoming Criminal Law (Sexual Offences) Bill; and if she will make a statement on the matter. [18395/15]
View answerSection 9 of the Criminal Law (Rape) (Amendment) Act 1990 confirms that the failure to offer resistance does not amount to consent. Otherwise, the issue of what is or is not consent has been developed through case law. The courts have confirmed that consent requires voluntary agreement by a person at the age of consent and with the necessary mental capacity. "Knowledge or understanding of the facts material to the act being consented to is necessary for the consent to be voluntary or constitute acquiescence." (DPP v C [2001], Court of Criminal Appeal). I have not been advised that the existing position regarding the definition of consent has given rise to any difficulty in the prosecution of sexual offences.
The scheme of the Criminal Law (Sexual Offences) Bill as approved by Government does not contain any new definition of consent. It contains wide-ranging and complex proposals relating to the protection of children as well as enhancing the way in which the State manages sex offenders. It is a very important piece of legislation and one which I have prioritised for publication during the current parliamentary session.
I would be concerned that to attempt a comprehensive statutory definition of consent would be a complex undertaking. There is a real danger that it might cause unintended problems without any obvious benefit as, at best, a statutory definition of consent is likely to mirror the existing common law position.
If a real problem with the existing position is identified, I am open to considering the position.
404. Deputy Michael Healy-Rae asked the Minister for Justice and Equality her views on a matter (details supplied) regarding Garda recruitment; and if she will make a statement on the matter. [18425/15]
View answerThe Deputy will be aware that 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 attested as members of the Garda Síochána on 23 April 2015 and the December intake will attest in Summer 2015. In addition, I have received sanction from the Minister for Public Expenditure and Reform for two further intakes of 125 Garda recruits later this year.
While it is the Government's intention that there will be ongoing seamless recruitment to the force, it is not just a question of Garda numbers. The Government are also committed to ensuring that the Garda Síochána have appropriate technical and other resources and that the necessary skilled, professional personnel are recruited to support the Gardaí in their work.
405. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality if she will refer a Garda Síochána Ombudsman Commission complaint, made by a person (details supplied) in County Roscommon, alleging that gardaí failed to adequately investigate an allegation of fraud, to the Independent Review Panel, consisting of two senior and five junior counsel; and if she will make a statement on the matter. [18426/15]
View answerAs the Deputy is aware, a panel consisting of two senior and five junior counsel, all selected on the basis of their experience of the criminal justice system, was established to consider the allegations of Garda misconduct which had been submitted to my Department, to the Office of the Taoiseach and a number of other public representatives.
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. It has never been considered that the Independent Review Mechanism would act as an alternative to, or an appeal mechanism from, the Garda Síochána Ombudsman Commission (GSOC).
The Garda Síochána Act 2005 established GSOC to, among other matters, receive complaints from members of the public concerning the conduct of members of the Garda Síochána. GSOC is independent in the exercise of its functions and I am not in a position, therefore, to comment on individual complaints which have been made to it.
406. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the number of agencies, quangos or other bodies within her Department, funded by, or established by, her Department which have been scrapped, merged or reduced since this Government was formed; the amount saved in each case; the reduction in staff as a result; and if she will make a statement on the matter. [18438/15]
View answerI wish to advise the Deputy that the details (since 2011) of the merger, reform or abolition of Agencies/associated bodies under the remit of my Department are outlined below.
Legal Aid Board
Responsibility for the administration of three ad-hoc Criminal Legal Aid Schemes was transferred to the Legal Aid Board.
Garda Station Legal Advice Scheme
The Scheme provides that where a person is detained in a Garda station for the purpose of the investigation of an offence and s/he has a legal entitlement to consult with a solicitor and the person's means are insufficient to enable him/her to pay for such consultation, such consultations with solicitors will be paid for by the State. Responsibility for the administration of the Scheme was transferred to the Legal Aid Board on 1 October 2011.
Legal Aid Custody Issues Scheme
This Scheme provides payment for legal representation in the High Court and the Supreme Court for certain types of cases not covered by civil legal aid or the Criminal Legal Aid Scheme namely (i) Habeas Corpus Applications, (ii) Supreme Court Bail Motions, (iii) Judicial Reviews, (iv) Extradition Applications and European Arrest Warrants and (v) High Court Bail Motions. Responsibility for the administration of the Scheme was transferred to the Legal Aid Board on 1 June 2012.
Criminal Assets Bureau Legal Aid Scheme
The Scheme is applicable to persons who are respondents and/or defendants in any court proceedings brought by, or in the name of, the Criminal Assets Bureau including court proceedings under the Proceeds of Crime Act 1996, the Revenue Acts or the Social Welfare Acts and applications made by the Director of Public Prosecutions under Section 39 of the Criminal Justice Act 1994. Responsibility for the administration of the Scheme was transferred to the Legal Aid Board on 1 January 2014.
It is proposed that the administration of the main Criminal Legal Aid Scheme will be transferred to the Legal Aid Board on foot of new legislation which is currently being drafted. This move will be in keeping with the international model for the delivery of legal aid and advice services and will achieve a more dedicated focus to the management and delivery of Criminal Legal Aid. It would be premature at present to commit to a date for the transfer of the scheme.
Family Mediation Service
In addition, the Board took on responsibility for the Family Mediation Service in November 2011 which had been under the auspices of the Family Support Agency up to that point. A key reason for this transferring was to improve the synergies between the State funded family mediation services and the State funded civil legal aid services (most of the demand for legal services is in the area of family law). Improving the synergies will be for the benefit of the customer and will help move away from a ‘litigation first’ approach that may on occasion be too common. There are very positive signs which include the initiative set up in 2011 operating from the District Court in Dolphin House involving a co-location of the Courts with a family mediation service and a law centre. This has proved very successful and was put on a permanent footing in 2014. Similar initiatives are now operating from Cork, Naas, Limerick, Clonmel and Nenagh. Integration of the Family Mediation Service into the Legal Aid Board has also meant an increase in the referrals from Law Centres to mediation in appropriate cases.
Merger of the Property Registration Authority, Valuation Office and Ordnance Survey Ireland
The merger of the Property Registration Authority (PRA), Valuation Office (VO) and Ordnance Survey Ireland (OSI) has been mandated by the Government under the Agency Rationalisation Programme. A Project Board, comprising senior representatives of the three Departments concerned along with the Chief Executive Officers of the three Agencies, is overseeing the merger. The CEO Designate of the merged body which is to be named Tailte Éireann, was appointed from 1 July 2013. It is anticipated that Ministerial responsibility for the Valuation Office and Ordnance Survey Ireland will be transferred to the Minister for Justice and Equality in due course. I can also advise that the General Scheme of the Tailte Éireann Bill (which provides for the merger of the PRA, VO and OSI) was published on 22 January 2015 and has been forwarded to the Office of the Attorney General for formal drafting. Subject to progress on drafting, I hope to be in a position to publish the Bill later this year.
Dissolution of the Commissioners for Charitable Donations and Bequests
The Charities Regulatory Authority, which is an independent regulatory body for the charities sector, was established on 16 October 2014, under the Charities Act 2009. This Act also provided for the dissolution of the Commissioners of Charitable Donations and Bequests and the consequential transfer of their statutory functions to the new Authority. As the work of the former Commissioners, which related to supporting the trustees of charities in carrying out their functions in accordance with the Charities Acts 1961 and 1973 will continue under the new Authority, there have been no savings or staffing reductions arising from this change.
Dissolution of the Independent International Commission on Decommissioning
The Independent International Commission on Decommissioning (IICD) was responsible for overseeing the decommissioning of paramilitary weapons. It was established by an agreement between the Irish and British Governments, signed on 26 August 1997, and by legislation enacted in the two jurisdictions. It was dissolved on 31 March 2011. The outturn for the Commission's last full year of operation 2010 was €594,000.
Dissolution of the Independent Monitoring Commission
The Independent Monitoring Commission (IMC) was responsible for monitoring and reporting on paramilitary activity across Ireland and also for monitoring the security normalisation measures undertaken by the British Government in Northern Ireland. It was dissolved on 31 March 2011. The outturn for the Commission's last full year of operation 2010 was €426,000.
Merger of the Human Rights Commission and the Equality Authority
The Human Rights Commission and Equality Authority have been merged to establish a new Irish Human Rights and Equality Commission (IHREC) to promote human rights and equality issues in a more efficient, effective and coherent way. The Irish Human Rights and Equality Commission Act 2014 was signed into law by the President on the 27 July 2014. The IHREC was established on the 1 November 2014.
The administrative savings anticipated as a consequence of the merger-estimated at some €500,000-have been retained by agreement by IHREC to support its core work. In addition, the approved budget for the IHREC for 2014 was €6,299,000 which represented a €2m increase approximately on the 2013 allocation, with an interim staff complement of 47, to ensure the new Commission has adequate resources to meet its mandate and is well placed to be successful in its forthcoming application to the UN to obtain re-accreditation as Ireland’s recognised National Human Rights Institution.
Equality Tribunal
The Equality Tribunal now falls under the aegis of the Department of Jobs, Enterprise and Innovation with effect 1 January 2013 and will become part of the new Workplace Relations Commission once established. The Commission will also include the Labour Relations Commission, the Employment Appeals Tribunal and the National Employment Rights Authority.
Abolition of the Prisons Authority Interim Board
The Prisons Authority Interim Board was abolished on 26 July 2011. The amount saved was in excess of €100,000 per annum.
Garda Síochána Complaints Board
Finally, the Deputy may wish to note that all of the cases involving the Garda Síochána Complaints Board have concluded, arrangements are being made to dissolve the Board.
