Written Answers Nos. 359-378
359. Deputy Anne Ferris asked the Minister for Justice and Equality if she will provide an update on the criminal law (sexual offences) Bill 2014 which is to legislate for the criminalisation of the purchase of sexual services; the likely timing of any enactment of this legislation; and if she will make a statement on the matter. [24681/15]
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 as well as implementing the recommendations of a number of Oireachtas committees.
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.
360. Deputy Anne Ferris asked the Minister for Justice and Equality the number of prison visiting committees; the number of persons who serve on these committees; the process of appointment of prison visitors; the number of current vacancies on prison visiting committees; the timeframe within which she plans to fill any such vacancies; and if she will make a statement on the matter. [24682/15]
View answerI can advise the Deputy that Visiting Committee members are appointed for a period of three years by the Minister for Justice and Equality under the Prisons (Visiting Committees) Act 1925 and Prisons (Visiting Committees) Order 1925. There are fourteen Prison Visiting Committees in existence - one for each institution.
There are currently fourteen Prison Visiting Committees in existence. Each Visiting Committee comprises no more than six members, and only suitable people with appropriate qualifications and a genuine interest in prison issues are appointed. There are currently 31 vacancies.
In May, 2011 the Government approved the drafting of a General Scheme of an Inspection of Places of Detention Bill, which will include provisions to make Visiting Committees more effective, while they continue their role of visiting prisons, meeting with prisoners, and liaising on their behalf with prison authorities. A link will be established between the Visiting Committees and the Inspector of Prisons. As part of these plans, it is intended to expand the role of the Inspector of Prisons. Under the proposed new arrangements, it is intended that Visiting Committees will report regularly to the Inspector of Prisons.
Subject to competing legislative priorities, it is expected that the General Scheme will be published this year. There will be a consultation process in advance of drafting and publication of the Bill.
361. Deputy Niall Collins asked the Minister for Justice and Equality the status of a request for an independent inquiry (details supplied); and if she will make a statement on the matter. [24694/15]
View answerThe particular case to which the Deputy refers is amongst those being considered under 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, or other public representatives 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 first batch of draft submissions and letters of notification of the outcome of the review have been submitted to me for consideration. I believe that it is in the best interests of all concerned that an independent element should now be brought into this part of the process. At my request, retired High Court Judge Mr Justice Roderick Murphy has agreed to undertake the task of overseeing the preparation of the letters of notification. Mr Justice Murphy will be in a position to independently vouch for the fact that the summaries of conclusions and the reasoning behind them, as set out in the letters of notification, are a fair and accurate reflection of the recommendation which has been made to me as Minister. I believe that Mr Justice Murphy's involvement in the process will offer additional reassurance to those whose cases were considered by the Panel as to the probity and independence of this entire process, from start to finish.
Following the review of the complaint by counsel in this particular case a recommendation will be made to my Department and the outcome will be notified to the person concerned as soon as possible.
The Panel is independent and therefore no restriction can be placed on the nature of recommendations which they might make. I am aware of requests that the person concerned, her legal representatives and other third parties have made to have her complaints investigated by a Commission of Investigation. Where counsel do recommend further investigations, I will be very strongly guided by that advice. Should I receive any recommendation for referral of a case to a Commission of Investigation, this will be very carefully considered, including whether this could be achieved by way of amending the terms of reference of an existing Commission or the establishment of a separate Commission.
362. Deputy Robert Dowds asked the Minister for Justice and Equality her plans to alter the workings of the direct provision system for asylum seekers. [24696/15]
View answerThe Reception and Integration Agency (RIA) of my Department is responsible for the provision of full board accommodation and the coordination of certain ancillary services to asylum seekers in accordance with the Government policy of direct provision. There are currently approximately 4,500 asylum seekers in 34 centres around the State.
I am awaiting the presentation to me shortly of a report of an independent working group whose remit is to make recommendations on improvements to the protection process, including direct provision and supports for asylum seekers. One of the Group's specific terms of reference is to indicate what actions could be taken in the short and longer term which are directed towards showing greater respect for the dignity of persons in the system and improving their quality of life by enhancing the support and services currently available.
The working group which was set up late last year 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.
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.
When the report of the Working Group is presented to me, it will be submitted to Government who will then consider the recommendations made therein. The Government recognises that the issues examined by the working group are complex and required 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.
363. Deputy Robert Dowds asked the Minister for Justice and Equality her plans to introduce legislation regarding asylum provision; and if she will make a statement on the matter. [24697/15]
View answerOn 25 March 2015 I published the General Scheme of the International Protection Bill, which was approved by the Government, and which proposes to establish a single applications procedure for international protection. This is the first step in delivering the Government's undertaking in the Statement of Government Priorities 2014-2016 to legislate to reduce the length of time protection applicants spend in the system. This reform will simplify and streamline existing arrangements and provide applicants with a final decision on their protection application in a more straightforward and timely fashion and will also, as a consequence, reduce the length of time that applicants spend in the Direct Provision system.
In accordance with the Government decision, I have forwarded the General Scheme of the Bill to the Attorney General for the detailed drafting of the legislation which, subject to Government approval, will come before the Oireachtas for consideration and enactment into law. My aim is for the legislation to be enacted by the end of this year.
364. Deputy Sean Fleming asked the Minister for Justice and Equality in relation to the current legislation on firearms and the proposal to amend this legislation, if she will outline the proposed requirement of a sponsor for a person under 16 years of age who is undergoing training under the legislation, or the proposed amended legislation if the sponsors are obliged to attend or participate in a course as a sponsor; and if she will make a statement on the matter. [24704/15]
View answer365. Deputy Sean Fleming asked the Minister for Justice and Equality under the Firearms Legislation and the proposals to amend the Firearms Legislation currently under discussion, if it will be permitted for persons under 16 years of age to buy automatic guns, automatic rifles, or shotguns; and if she will make a statement on the matter. [24705/15]
View answerI propose to take Questions Nos. 364 and 365 together.
In accordance with Section 2A of the Firearms Act, 1925, as amended, a person over 14 years of age can apply for a firearms training certificate. Such a certificate authorises the person to possess a firearm only while carrying and using the firearm for hunting or target shooting and under the supervision of a specified person over 18 years of age who holds a firearms certificate in respect of the firearm concerned. The Garda Síochána deciding officer in any individual case may impose other conditions in the interests of public safety and security. Deciding officers may also require applicants for firearms certificates to provide proof of competency in the use of the firearm concerned.
An application for a training certificate, where the applicant is under 16 years of age, shall be accompanied by the written consent of the applicant's parent or guardian. There is no current proposal under consideration to amend these provisions. Furthermore, Paragraph 8 of Statutory Instrument 493 of 2010: EC (Acquisition and Possession of Weapons and Ammunition) (Amendment) Regulations, provides that it shall not be lawful for any person to sell a firearm to which EU Firearms Directives apply to a person under 18 years of age.
There is a ban on the licensing of automatic firearms in accordance with EU Directives on control of the acquisition and possession of weapons.
366. Deputy Seán Kenny asked the Minister for Justice and Equality the number of unmarked Garda Síochána cars that came into the fleet; were withdrawn from the fleet, during 2014; and if she will make a statement on the matter. [24719/15]
View answerDecisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources. Responsibility for the efficient deployment of Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations, as required by operational circumstances. The Deputy will appreciate that a degree of flexibility in allocating and re-allocating vehicles among stations, so as to best match the allocation of resources with policing priorities, is essential to the efficient management of the Garda fleet.
In that context, I am advised by the Garda authorities that 132 unmarked Garda cars were disposed of in 2014 with 141 new ones allocated in the same period.
The Deputy will be aware that to date, this Government has invested nearly €29 million in new Garda vehicles since 2012, marking a massive increase on the €4.8 million provided for by the previous Government in Budgets 2009-2011. The latest 370 new Garda vehicles have begun coming on stream since the start of this year. In addition, I recently allocated a further €700,000 for new specialised vehicles to support Gardaí in responding to current and emerging crime threats, including those committed by highly mobile gangs.
I am further advised by the Garda authorities that the allocation of resources at both Divisional and District level, including the provision and deployment of Garda Community Relations vans, is subject to ongoing analysis and review.
367. Deputy Joe Costello asked the Minister for Justice and Equality her plans for the future of Fitzgibbon Street Garda station in Dublin 1; if she will seek to have a preservation order placed on the building; and if she will make a statement on the matter. [24727/15]
View answerThe programme of replacement and refurbishment of Garda accommodation around the country is progressed by the Garda Authorities working in close co-operation with the Office of Public Works, which has the responsibility for the provision and maintenance of Garda accommodation.
I have been advised by the Garda authorities that the OPW has stated that due to its condition it was necessary to temporarily vacate Fitzgibbon Street Garda Station to facilitate refurbishment works.
In this regard the OPW refurbished the former Prison Officers Quarters at Mountjoy Prison, which is adjacent to Mountjoy Garda Station, and upon completion of these works Mountjoy Garda Station was refurbished in order that Gardaí attached to both Mountjoy and Fitzgibbon Street could operate efficiently on a temporary basis from this station. In addition, a building adjacent to Fitzgibbon Street Garda Station was identified as suitable for a Garda Office. This building was refurbished and is currently operating as a temporary public office.
368. Deputy Michael McGrath asked the Minister for Justice and Equality if the Government has plans to repeal the Lunacy Act 1890; the current position in relation to the rights of persons with an intellectual disability to inherit or own a property; if the Government plans to introduce any changes in the area; and if she will make a statement on the matter. [24730/15]
View answerThe Select Committee on Justice, Defence and Equality agreed at Dáil Committee Stage of the Assisted Decision-Making (Capacity) Bill 2013 on 17 June 2015 to an amendment proposed by the Government to repeal the Lunacy Regulation (Ireland) Act 1871. The current situation is that a person with an intellectual disability can own or inherit a property except where that person is a ward of court. The abolition of wardship will remove this barrier to inheriting or owning property. In this context, the Select Committee on Justice, Defence and Equality also agreed at Committee Stage of the Assisted Decision-Making (Capacity) Bill to a Government amendment inserting an additional provision that anyone taking decisions on behalf of a person with capacity difficulties must pay due regard to that person's right to control over his or her financial affairs and property.
369. Deputy Mick Wallace asked the Minister for Justice and Equality if she will provide details of all arrests made as a result of water protests connected to the installation of water meters; and if she will make a statement on the matter. [24749/15]
View answerThe Deputy will appreciate that the policing of water protests is an operational matter for An Garda Síochána and that, in the circumstances, it would not be appropriate for me to provide details in relation to all such arrests as requested by the Deputy.
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.
Of course, it is open to anyone to complain about the behaviour of an individual member of An Garda Síochána through the Garda Síochána Ombudsman Commission (GSOC) where they feel that such complaint is warranted. The GSOC is an independent body which was set up to receive complaints made by members of the public concerning allegations of misconduct by members of the Garda Síochána. Any evidence to support these claims should also be brought to the attention of GSOC.
370. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determining an application for leave to remain in the case of a person (details supplied) in Dublin 22; and if she will make a statement on the matter. [24762/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for asylum on 18th January, 2008. The asylum application of the person concerned was refused following consideration of their case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
The person concerned initiated Judicial Review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in their case. As these proceedings are ongoing, it would not be appropriate for me to comment further at this time.
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.
371. Deputy Finian McGrath asked the Minister for Justice and Equality the reason that contractors have been engaged to work in the Office of the Refugee Applications Commissioner, dealing with refugee determination matters, rather than using civil servants; the way these contractors were selected and appointed; if she will provide a list of the payments made in respect of these contractors; and if she will make a statement on the matter. [24806/15]
View answerThe use of a panel of legally qualified persons to process subsidiary protection applications has been in place in the Office of the Refugee Applications Commissioner (ORAC) since late 2013. This followed the transfer from the Irish Naturalisation and Immigration Service of my Department to ORAC of responsibility for processing of these applications under the European Union (Subsidiary Protection) Regulations 2013 (SI No. 426 of 2013) in November, 2013.
The recruitment of the panel was considered necessary to process the cases on hand as quickly as possible, and with a view to moving applicants out of the Direct Provision system. It was considered that the recruitment of a legally qualified panel was the most effective solution due to the volume of cases and the complex nature of the work involved which includes the writing of a legally robust report in each case. While a member of the legal panel processes the case, the decision in respect of each applicant is made by a civil servant.
The panel was established following an open competition involving advertisements in national newspapers, short listing of candidates, the holding of interviews, and the establishing of a list of successful candidates. Comprehensive training has been provided to panel members by the Commissioner in conjunction with the UNHCR to enable them to carry out their duties.
Panel members receive a set fee per case completed with the basic payment for the completion of an interview and report in respect of a principal applicant within the subsidiary protection process set at €330. A fee of €195 applies to the completion of an interview and report in respect of the spouse or partner of a principal applicant, and a further fee of €45 applies to each dependent child of the principal applicant. Commensurate fees have also been set for panel members representing the Commissioner before the Refugee Appeals Tribunal in respect of subsidiary protection appeals.
I am informed by the Commissioner that over 1,800 applicants have had interviews scheduled since December, 2013 and ORAC has made 1,246 determinations to date.
372. Deputy Finian McGrath asked the Minister for Justice and Equality the progress that has been made in the public consultation on the appointment of judges; if she will arrange for the submission to be published on her Department’s website; and if she will make a statement on the matter. [24807/15]
View answerThe consultation process to which the Deputy refers was conducted with the intention of instituting reforms to enhance the current system of judicial appointments. My Department received a significant amount of material as part of the process with views ranging across many different and complex aspects of the eligibility provisions and the arrangements for appointing judges.
These views are informing the process of formulation of draft legislation to reform the system of judicial appointments and which I intend to publish later this year along with a report on submissions received during the consultation phase. Further consultations with relevant stakeholders will then be undertaken.
The review and reform of this area of critical importance to the functioning of our system of justice provides an opportunity to determine what system can best respond to the expectations and needs of a modern State.
373. Deputy Finian McGrath asked the Minister for Justice and Equality the progress on establishing the parole board on an legally independent basis; and if she will make a statement on the matter. [24808/15]
View answerI can advise the Deputy that proposals are currently being prepared to establish a Parole Board on a statutory footing.
In September 2014 I published the report of the Penal Policy Review Group which was tasked with carrying out a strategic review of penal policy. As an initial step, the Government agreed in principle in November 2014 to proceed with the implementation of a number of key recommendations, including the bringing forward of legislative proposals to establish a Parole Board on a statutory footing.
Work is under way on the preparation of a General Scheme and will be submitted to Government for consideration in due course.
374. Deputy Dessie Ellis asked the Minister for Justice and Equality further to Parliamentary Question No. 322 of 15 April 2015, if she will provide an update on the Garda Síochána report she commissioned. [24825/15]
View answerI can inform the Deputy that I recently received the report referred to from the Garda authorities. The position is that where an application for the grant of a public service vehicle licence is made, the Commissioner may, subject to the provisions of the Road Traffic (Public Service Vehicles) (Licensing) Regulations S.I. 292 of 1978, grant a licence in respect of a vehicle to which these Regulations apply to the owner of the vehicle. Article 6(4) of the Regulations states, inter alia, that the Commissioner shall not grant a public service vehicle licence unless she is satisfied that the vehicle is safe for the carriage of passengers. I am advised that in this instance the vehicle was deemed not safe for the carriage of passengers due to the use of a single sliding door as being the only accessible door to the majority of passengers, and that in the event of an emergency, such a single door might not provide appropriate and adequate egress from the vehicle.
The Deputy will appreciate that I have no function in relation to the assessment of such applications, which is a matter for the Commissioner under the Regulations referred to.
375. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality when the report of the working group on direct provision will be published, in view of the fact that it is expected to be published in June 2015; and if she will make a statement on the matter. [24843/15]
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 under the Chairmanship of former High Court Judge, Dr. Bryan McMahon and its membership was 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.
The Report of the Working Group has been submitted to me today and I will be presenting it to Government shortly for approval to be published.
376. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide an update on the coroner's inquiry into the Kingsmill massacre; the actions taken by the Garda Síochána to assist this inquiry; and if she will make a statement on the matter. [24869/15]
View answerI refer the Deputy to my answer to Questions Nos. 409 and 410 of 16 June 2015 which set out the position in this regard:
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.
On 3 June 2015 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 has commenced.
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.
377. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide, in tabular form, the annual cost to her Department, and to State agencies under its aegis, of private security firms utilised from 2011 to date in 2015; and if she will make a statement on the matter. [24873/15]
View answerFor the purposes of the Deputy's question, the term 'private security firms' is taken as referring to a 'private security employer' as defined in the Private Security Services Act, 2004, and refers to a person who employs persons whose principal function is to provide security services for persons other than the employer.
A 'security service' as defined in the above Act refers to a service provided by a private security employer or by any one of the following persons in the course of an employment or as an independent contractor (but, except in the case of a door supervisor or security guard, does not include a service provided by a person whose principal function is to provide it only for the person’s employer):
(a) door supervisor,
(b) supplier or installer of security equipment,
(c) private investigator,
(d) security consultant,
(e) security guard,
(f) provider of protected forms of transport,
(g) locksmith,
(h) supplier or installer of safes.
The above definition includes information such as minor relocations of office safes and service checks on security equipment etc., which come under the broad definition of a 'security service'. This type of information is not readily available in all cases and to compile it would necessitate a disproportionate and inordinate amount of staff time and effort. Otherwise, the information sought by the Deputy is set out in the following table: 1
The Deputy should note that this response encompasses numerous buildings for this Department and its associated agencies including the Irish National Immigration Service, the Office of the Refugee Applications Commissioner, the Refugee Appeals Tribunal, the Legal Aid Board, the Private Security Authority, the Probation Service, the Garda Síochána Ombudsman Commission, the Property Registration Authority, the Irish Prison service and the Court Service covering dozens of buildings nationwide.
Cost Per Year in (€)
|
2011 |
2012 |
2013 |
2014 |
2015 (to date) |
|
2,601,749 |
2,291,568 |
1,936,068 |
1,783,723 |
650,073 |
1 Unfortunately, it was not possible to include a complete response from An Garda Síochána in the timeframe allowed. As soon as this information becomes available, it will be forwarded directly to the Deputy.
378. Deputy Niall Collins asked the Minister for Justice and Equality the proposals she is willing to accept with regard to the creation of a European Union quota system for immigrants arriving into the European Union; and if she will make a statement on the matter. [24874/15]
View answerAt the Justice and Home Affairs Council last week in Luxembourg I outlined the government's position on the two issues to which the term "quota" might be applied, namely resettlement and relocation. On resettlement I emphasised that Ireland has already responded generously and advised EU colleagues of the details of Ireland’s response to the ongoing crisis in the Mediterranean, including the initiative to resettle 520 refugees in 2015-16 – almost double the number allocated under the Commission’s scheme. In relation to the Commission’s proposal on relocation, I made it clear that, while we and a number of other Member States have issues with mandatory distribution, we want to participate in finding solutions to this crisis and to supporting Member States under pressure. That is why we are engaging fully in the discussions on the proposed emergency relocation mechanism. Any Irish participation in this relocation scheme would have to be approved by the Government and the Oireachtas. Only when we have a clear idea of the precise implications of these proposals, for the individuals involved and for Ireland, can we make a final decision on the part we can play.
