Tuesday, 16 Jun 2015

Written Answers Nos. 409-422

Northern Ireland Issues

Questions (409, 410)

Micheál Martin

Question:

409. Deputy Micheál Martin asked the Minister for Justice and Equality the actions that have been taken in respect of the Kingsmill massacre; and if she will make a statement on the matter. [23087/15]

Micheál Martin

Question:

410. Deputy Micheál Martin asked the Minister for Justice and Equality if she or her Department requested information that the Garda Síochána had on the Kingsmill massacre since a meeting with relatives of the victims of the massacre two months ago; and if she will make a statement on the matter. [23088/15]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 409 and 410 together.

It has been the long-standing desire of the Government and the Garda Authorities to co-operate to the greatest degree possible under the law with the Northern Ireland Coroner's Inquest into the horrific murders of ten innocent people at Kingsmill, Co. Armagh by the Provisional IRA in January 1976.

The Garda Authorities have been engaged in an ongoing legal process to facilitate this co-operation in discussion with the Northern Ireland Coroner's Office. Particular legal issues arose in the process of the preparation of material by An Garda Síochána for transmission the Coroner. The Government identified a way forward to help provide a means to deal with some of the legal obstacles.

At is meeting last week the Government agreed these measures and also formally agreed that as much information as possible, in accordance with the law, should be provided to the inquest. I issued a Directive to the Garda Commissioner under the Garda Síochána Act 2005 and I made Regulations under the Data Protection Act 1988, both of which I laid before the Oireachtas. The Directive and Regulations have facilitated the Garda Authorities and, accordingly, the process of transferring material to the Northern Ireland Coroner began last week.

The Garda Authorities will continue to work with the Northern Ireland Coroner to ensure that the greatest amount of material possible, in accordance with the law, can be provided in support of the Inquest.

Immigration Policy

Questions (411)

Mick Wallace

Question:

411. Deputy Mick Wallace asked the Minister for Justice and Equality if she expressed objections to the Mare Nostrum project; and if she will make a statement on the matter. [23334/15]

Written answers

Minister for Justice and Equality

I had no objections to the Mare Nostrum operation, run by the Italian Authorities in the Mediterranean with a strong search and rescue element. The operation ceased on commencement of the Frontex co-ordinated Operation Triton which remains ongoing. The Deputy will be aware that the LÉ Eithne was deployed to the Mediterranean on 16 May 2015 to engage in humanitarian search and rescue operations at sea as part of Ireland's overall contribution to the migrant crisis situation in the region.

Naval Service Operations

Questions (412)

Paul Murphy

Question:

412. Deputy Paul Murphy asked the Minister for Justice and Equality if any migrants assisted by the crew of the LE Eithne in the Mediterranean Sea have claimed asylum under Irish law; and if she will make a statement on the matter. [23784/15]

Written answers

Minister for Justice and Equality

Following a Government decision, the LÉ Eithne was deployed to the Mediterranean on 16 May 2015 to engage in humanitarian search and rescue operations at sea as part of Ireland's overall contribution to the migrant crisis situation in the region.

It has been agreed with the Italian Government that the LÉ Eithne will conduct search and rescue operations in the Mediterranean in accordance with relevant international law on rescue at sea. Persons in distress at sea who are rescued shall be disembarked by the rescuing vessel at the nearest safe port in Italy. In accordance with relevant international and European Law any claims for international protection by persons who are rescued is the responsibility of the state of disembarkation.

The Deputy might wish to note that section 8 of the Refugee Act 1996 (as amended) provides that any person who arrives at the frontiers of the State or any person who at any time is in the State seeking the status of a refugee may apply to the Minister for Justice and Equality for a declaration of refugee status. There is therefore no legal basis for accepting extra-territorial applications.

With regard to the granting of refugee status, the Deputy might also note that the processing of asylum applications in Ireland takes place within a well defined national and international legal framework. All applications for refugee status are examined in accordance with the statutory requirements set out in the Refugee Act 1996 (as amended). Accordingly, where a person makes an application for refugee status in Ireland their application is examined at first instance by the Office of the Refugee Applications Commissioner (ORAC) and, on appeal by the Refugee Appeals Tribunal.

The Deputy will be aware that as a further part of its response to the migration crisis situation in the Mediterranean, the Government has agreed in principle to resettle an additional 300 vulnerable people. This brings our total commitment on resettlement to the end of 2016 to five hundred and twenty (520) people, or nearly twice the quota proposed by the Commission for Ireland.

Legislative Measures

Questions (413, 414, 466, 467, 469)

Thomas P. Broughan

Question:

413. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when she will commence the legislative provisions, including section 4 governing the investigative powers of the Charities Regulatory Authority; and if she will make a statement on the matter. [24199/15]

Caoimhghín Ó Caoláin

Question:

414. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the reason for the delay in bringing Part 4 of the Charities Act 2009 into force; if she will commit to bringing it into force as soon as possible, in order to provide the Charities Regulatory Authority with the power to investigate charitable organisations; if she accepts that any delay will be detrimental to maintaining public confidence in the charities sector; and if she will make a statement on the matter. [22988/15]

Michael Healy-Rae

Question:

466. Deputy Michael Healy-Rae asked the Minister for Justice and Equality when the charities regulator will be given powers as per the office title; and if she will make a statement on the matter. [23598/15]

Michael Healy-Rae

Question:

467. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the reason the charities regulator cannot advise the public on who to make a complaint to; and if she will make a statement on the matter. [23600/15]

Michael Healy-Rae

Question:

469. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if the Charities Regulator will be vested with powers to freeze a charity with immediate effect, if required; and if she will make a statement on the matter. [23617/15]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 413, 414, 466, 467 and 469 together.

The aim of the independent Charities Regulatory Authority, established on 16 October 2014 under the provisions of the Charities Act 2009, is to provide for better regulation of charitable organisations through a framework of registration, regulation and support. Since its establishment, the Authority has published a Register of Charities, containing information on some 8,500 CHY charities with tax exemption status; made contact with all charities on the register requesting them to supply additional information and legal documentation required to support their registered status; developed an online system for organisations to apply for inclusion in the Register of Charities; provided, through its website and active programme of stakeholder engagement, extensive information to the charities sector on their obligations and duties under the new regulatory regime.

As I indicated on the establishment of the Authority, it has a wide range of functions under the Act, which are being introduced on a phased basis, beginning with the compilation of the statutory Register of Charities. I am informed that the initial priority of the Authority has been on the development of the Register with a view to underpinning and supporting the investigatory and enforcement functions.

I am pleased to inform the Deputies that sanction was granted recently for additional staff members who are currently being put in place. This will bring the total staffing complement up to 20 and support the Authority in carrying out its statutory functions. Work is progressing on plans to seek sanction for further recruitment of additional specialist resources for the Authority which will allow for commencement of the remaining parts of the Act, including Part 4 which relates to the Authority's investigatory and enforcement functions.

In the meantime, I am advised that the Authority has put in place an interim process for the handling of complaints it receives about suspected abuse of charitable status or fraud in charities. Under this process, all complaints received in writing will be subject to an initial review and assessment by the Authority to determine whether any further action is appropriate.

Proposed Legislation

Questions (415)

Jonathan O'Brien

Question:

415. Deputy Jonathan O'Brien asked the Minister for Justice and Equality her plans to introduce legal recognition of pre-nuptial agreements in view of the legal recognition of cohabitation agreements for non-married partners. [22992/15]

Written answers

Minister for Justice and Equality

As I indicated in my response to Question No. 270 of 6 May 2015, "The Government has no immediate plans to legislate for the legal enforceability and recognition of pre-nuptial agreements on the lines proposed by the Deputy. While I recognise the concerns that the Study Group on Pre-Nuptial Agreements sought to address in its recommendations on this issue, providing for the recognition or enforceability of pre-nuptial agreements would raise legal, public policy and possibly constitutional considerations which would need to be examined very carefully before considering any further action in this area."

The position is unchanged.

Departmental Expenditure

Questions (416)

Niall Collins

Question:

416. Deputy Niall Collins asked the Minister for Justice and Equality the budget and the number of staff allocated to the Policing Authority for the year 2015; and if she will make a statement on the matter. [22997/15]

Written answers

Minister for Justice and Equality

A budget of €500,000 has been allocated to the Policing Authority for 2015. The staffing of the Authority is currently under consideration by my Department and the Department of Public Expenditure and Reform.

Prisoner Data

Questions (417, 418)

Niall Collins

Question:

417. Deputy Niall Collins asked the Minister for Justice and Equality the total number of prisoners in the prison population by prison; the capacity of each prison; the percentage occupation of each prison; and if she will make a statement on the matter. [22998/15]

Niall Collins

Question:

418. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide, in tabular form, the number of prisoners currently on temporary release by prison; the type of offence the prisoners were convicted of; and if she will make a statement on the matter. [22999/15]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 417 and 418 together.

As the Deputy is aware the Irish Prison Service collates and publishes the prisoner population breakdown, including those on temporary release, on a daily basis and this information is available on the Irish Prison Service website. Therefore I can inform the Deputy that the information requested in relation to the total prison population; the number of prisoners, in tabular form, broken down by prison; the capacity of each prison within the State; the percentage occupation of each prison and the number of prisoners currently on temporary release broken down by prison is available on www.irishprisons.ie.

I will shortly write further to the Deputy when the available information is verified in relation to statistics on the other matter raised by him.

On 15 June 2015, there were 489 prisoners (11%) on temporary release across the prison system. This included 169 prisoners who were serving less than 3 months solely for the non-payment of a Court ordered fine and 163 prisoners who were on structured temporary release programmes such as the Community Return Programme or Community Support Scheme.

The legislative basis for making decisions on temporary release are fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.

A prisoner may apply through the prison Governor for consideration for temporary release. Their family or their legal representative can also apply for consideration of such a concession. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation made by the prison authorities and/or therapeutic services is to that effect. Each application is considered on its individual merits and a number of factors are taken into account when making a decision on whether to grant temporary release.

The Deputy will be aware that the Irish Prison Service Three Year Strategic Plan 2012-2015 and the Joint Prison Service/Probation Service Strategic Plan 2015-2017 includes working towards the objective of ensuring that all prisoners released early from custody are placed on appropriate structured programme of temporary release.

The Community Return Scheme is an initiative whereby carefully selected prisoners, serving sentences between 1 year and 8 years, 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.

In addition to Community Return, a Community Support Scheme has also been introduced to reduce recidivism rates of short term prisoners by arranging for additional support structures post release and by providing for a more structured form of temporary release.

Departmental Staff

Questions (419)

Niall Collins

Question:

419. Deputy Niall Collins asked the Minister for Justice and Equality when she plans to appoint a Secretary General to her Department; the process that has been followed to select the new Secretary General; and if she will make a statement on the matter. [23000/15]

Written answers

Minister for Justice and Equality

Appointments to the position of Secretary General are a function of government, following an independent recruitment process undertaken by the Top Level Appointments Commission (TLAC) through the Public Appointments Service (PAS). As such, my Department has no involvement in the recruitment process.

Last year an open international recruitment competition for the post of Secretary General was independently run by the PAS on behalf of TLAC. However the PAS process did not lead to any candidate being recommended for the position at that time.

The position of Secretary General has been filled since October last on an acting basis by Mr. Noel Waters. Mr. Waters fulfils all the duties of the post. In the interim, substantial progress has been made in the implementation of reforms on foot of the Toland Review. Implementation of a change programme has been the top priority for the Department and this has resulted in a comprehensive range of reforms and developments including establishment of a new Management Board structure and management processes in the Department; implementation of new service level agreements and new structures to ensure better oversight and coordination of all agencies under the Department’s auspices; development of new HR and training policies; introduction of new audit and risk management procedures; establishment of a new Corporate Secretariat and appointment of a Head of Communications; establishment and selection of the new post of Deputy Secretary General; continuing work on a major upgrade of the Department ICT systems.

A broader programme of reform and investment has been delivered by the Department of Justice & Equality over the past year including: recruitment of Garda Commissioner and Deputy Commissioners has been opened up; publication of legislation to establish an independent Policing Authority; enactment of legislation to strengthen GSOC; commencement of work by the new Court of Appeals; enactment of the Child & Family Relationship Act has been enacted, the biggest reform in family law in the history of the State; progression of the landmark Legal Service Regulation Bill which completed second stage in the Senate last week; reopening of Garda College to new recruits, sanction for the recruitment of 550 new Gardaí and continued investment in new Garda vehicles.

I have previously indicated that I felt that the circumstances facing the Justice sector at the time proved to be a factor in the position not being filled. With the substantial reform of the Department of Justice & Equality now becoming embedded, I will consider this matter again in due course.

Departmental Reports

Questions (420)

Niall Collins

Question:

420. Deputy Niall Collins asked the Minister for Justice and Equality the actions taken within her Department following the report of the independent review group on the Department of Justice and Equality; the total cost of this report; and if she will make a statement on the matter. [23001/15]

Written answers

Minister for Justice and Equality

Since the publication of the Report of the Independent Review Group in relation to the performance, management and administration of my Department, a change programme to address the Group's recommendations has been developed and is being implemented. The objective is to support the necessary changes to ensure the Department provides strategic oversight and added value to its agencies.

The Deputy will recall that the Review Group envisaged a two year timescale for the full implementation of its recommendations and that will certainly be achieved although the work of embedding and sustaining the changes will continue. It should also be remembered that a number of recommendations reflect changes being made across the civil service under the Civil Service Renewal Plan which my Department is also committed to implementing. Having said that, since the report was published last July, all the short term recommendations in the report have been implemented addressing issues such as the purpose, functions and procedures relating to the Management Board (MB) meetings have been restructured in line with the recommendations in the Report; the format and structure of my regular meetings with the Management Board, which are also attended by the Ministers of State, have also been formalised; the membership of the Department's Management Board has been extended to include the Director of the Probation Service and two Principal Officers to ensure broader coverage of the Department and its agencies. External assistance has been procured to support the Board with the changes underway. The new Deputy Secretary post which was recommended in the report has been filled following an open competition conducted by TLAC. There have also been a number of appointments and changes made at senior management level following TLAC competitions. A Corporate Secretariat Office has been established and a Head of Communications and a Chief Information Officer have been appointed to improve managerial support, internal and external communications and work with the Government's Office of the Chief Information Officers to develop the Department's information capacity.

Following a Round table consultation meeting with Heads of Agencies, two new groups have now been established to improve coherence, communications and governance across the sector. The first meetings of these groups (Criminal Justice Strategic Group and the Justice and Equality Leadership network) have taken place and work programmes are being developed. Formal annual Performance Agreements have been signed off with a number of agencies and are being monitored regularly - this process is continuing with the aim of formalising and strengthening governance arrangements and two-way dialogue with agencies. A new Strategy Statement for my Department covering the period 2015-2017 was published in April and an Annual Strategic Business Plan has been put in place to set out clearly the strategic objectives and priorities of the Department against which progress can be measured. Twice yearly progress reports will be published on my Department's website. A new more user friendly website has been developed and launched recently. This provides routine access to all replies to Parliamentary Questions as published in the Oireachtas Official Report as well as access to the Department’s Twitter feed. The Principal Officer cohort in the Department has established a network aimed at contributing to improving the overall coherence and efficiency of the Department's management and leadership. Measures to ensure that staff are kept informed and consulted on the process include a series of 6 town hall meetings and regular communications through the Department's internal portal. A staff survey has also been conducted with a view to establishing a baseline measurement for staff engagement and informing the change process. Work has also commenced on developing new Human Resources and Learning and Development Strategies.

The more long term recommendations around culture, leadership and management processes are also being addressed. A series of focus groups are scheduled to take place with staff over June and July to engage on the Department's future organisational culture. The Department has engaged international expertise to assist in the cultural change project which emphasises the need for a bottom up, organisation-wide approach to this change.

Another stream of the change programme includes the establishment of the Policing Authority as part of the comprehensive reforms relating to An Garda Síochána. This work, which is overseen by the Cabinet Committee on Justice Reform, has largely been achieved, including opening up recruitment to international competition for the posts of Garda Commissioner and Deputy Garda Commissioner; expanding the powers and remit of the Garda Síochána Ombudsman Commission; and enacting the new whistleblower protection. As the Deputy is aware, the legislation relating to the Policing Authority has started its passage through the Oireachtas and it is envisaged that the membership of the Authority and the CEO position will be publicly advertised shortly.

The cost of the Report of the Independent Group was €36,000. I should add that all the members of the Group gave their services free of charge.

Proposed Legislation

Questions (421)

Niall Collins

Question:

421. Deputy Niall Collins asked the Minister for Justice and Equality her position with regard to the proposal to establish injection centres for those engaged in illegal drug use; and if she will make a statement on the matter. [23002/15]

Written answers

Minister for Justice and Equality

I understand the Deputy to be referring to a draft legislative proposal which is with my colleague Minister of State Ó Ríordáin in his capacity as Minister of State at the Department of Health with responsibility for the National Drugs Strategy.

I understand that the Minister of State has asked officials in that Department to examine the practical and legal issues surrounding the proposal.

I am also aware that Department of Health officials have just yesterday been in contact with my officials in this regard.

The Deputy will therefore appreciate that the matter remains at a very early stage of examination.

Crime Data

Questions (422)

Niall Collins

Question:

422. Deputy Niall Collins asked the Minister for Justice and Equality the number of offences which have been committed by persons while on bail in 2014 and in 2015 to date; the percentage of those on bail this represents; and if she will make a statement on the matter. [23003/15]

Written answers

Minister for Justice and Equality

As the Deputy will be aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics.

In relation to the matters referred to, I have requested the CSO to provide the available statistics directly to the Deputy.