Written Answers Nos. 1 - 20
10. Deputy Thomas P. Broughan asked the Minister for Justice and Equality her views on the recently discovered discrepancies in the application of penalty points to driving licences following convictions; if she will provide an update on the way her Department and the relevant agencies are rectifying the issue; and if she will make a statement on the matter. [27077/15]
View answerAs the Deputy will be aware, there are a number of measures in place in relation to the association of driving licence details with penalty points. The primary purpose of Section 63 of the Road Traffic Act 2010 is to ensure that the driver licence number of individual offenders is recorded, to enable the application of the appropriate penalty points to the licence on conviction by the Court. The Courts Service notifies all penalty point convictions to the Department of Transport, Tourism and Sport and the points are assigned to the relevant driver record in all cases where driving licence details are supplied. Where a driving licence number is not available penalty points are assigned through a process of matching with other available information, where this is possible. In those cases where it is not possible to identify a driving licence, details of the conviction are nevertheless retained as penalty point records in relation to the individuals concerned.
I am of course concerned that recent figures indicate that a large proportion of persons, having been brought before the Courts on penalty point offences, did not present their driver licences in Court and in many cases thereby avoided having penalty points recorded on their licences.
It is an offence under the Road Traffic Act to fail to provide your licence details and, as I have recently advised the Deputy, an arrangement has been put in place between An Garda Síochána and the Courts Service to facilitate the bringing of prosecutions for the non-production of a driver licence in these circumstances. An Garda Síochána will shortly commence prosecutions at multiple locations nationwide, targeting persons not presenting their licences in Court.
I expect this will send a strong message that it is essential that our Road Traffic laws are respected and that there are consequences for the minority of persons who seek to evade them. Ultimately enforcement and prosecution of offences in this area is about improving public safety and reducing deaths on our roads, and there must be no way out for anybody seeking to avoid receiving penalty points.
I can further advise the Deputy that my Department is in ongoing and intensive contact with the other relevant agencies with a view to ensuring that the most effective system to associate penalty points with driver licences is in place. The Minister for Transport, Tourism and Sport and I have recently received an update from the Criminal Justice (Fixed Charge Processing System) Working Group on this matter and we have asked that further urgent consideration be given to this specific issue with a view to more detailed analysis being submitted later this year. In addition to assessing the impact of the prosecutions referred to above, this analysis will consider other means of addressing this issue, including an examination of the feasibility and means of introducing a mandatory association between driver licence details and vehicle registrations.
11. Deputy Niall Collins asked the Minister for Justice and Equality her plans to combat sexual violence; if she has been in contact with the Department of Children and Youth Affairs regarding the withdrawal of funding to the Rape Crisis Network Ireland; and if she will make a statement on the matter. [27048/15]
View answerA second national strategy to address domestic and sexual violence is currently being prepared by my Department. The strategy will contain an action plan towards ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention), elements of the implementation of the transposition of the EU Victims Directive into Irish law and practice, which relate to domestic and sexual violence and worthwhile actions from the first national strategy which are of an ongoing nature. Following completion of consultation with relevant stakeholders I will seek Government approval for the publication of the strategy which I expect to obtain in the near future.
Included as part of the strategy will be the enactment of the Criminal Law (Sexual Offences) Bill. I envisage the Bill will be published this Dáil session. 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 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.
I am aware of the decision by Tusla, the Child and Family Agency, to cease funding the Rape Crisis Network Ireland, which took effect from the end of March this year. My officials have had contact with the Department of Children and Youth Affairs on this issue and I have met with the Rape Crisis Network Ireland. I am familiar with the issues involved, which are primarily a matter for Tusla and the Minister for Children and Youth Affairs.
In 2014, my Department provided funding of just over €300,000 to organisations working to combat sexual violence towards awareness-raising activities, court accompaniment and legal advisory services. However, Tusla - the Child and Family Agency - is the main public sector funder of the sector.
12. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will ensure that the criminal law (sexual offences) Bill 2015 changes the law to ensure that those engaging in prostitution are no longer criminalised. [27016/15]
View answerThis is a complex matter and I would like to point out some of the issues which arise. To that end, I assume what we are discussing is decriminalising those who offer their services as prostitutes and not the buyers, brothel keepers and pimps who would also fall under the category of 'those in prostitution'.
Firstly, I would like to remind the House that the General Scheme to the Criminal Law (Sexual Offences) Bill, which I published last November, includes proposals in the area of prostitution. There are two new offences of purchasing, in the context of prostitution, sexual services. As an additional means of combating the exploitation which is associated with prostitution, these offences specifically target the demand side of prostitution.
The first provision 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 address recommendations contained in two reports of the Joint Committee on Justice, Defence and Equality - a report following a review of prostitution and a more recent report on domestic and sexual violence.
In conjunction with targeting the demand side of prostitution through these new offences, it is also very important that support and assistance is provided to those who wish to exit prostitution. My Department, through the Anti-Human Trafficking Unit, provides funding to Ruhama for the support of persons affected by prostitution. Funding of €225,000 was provided to Ruhama this year.
I am aware, however, that there are calls to further decriminalise the women and men who provide sexual services. The extent to which these women and men are currently subject to the criminal law is limited. Under existing law, there is an offence of soliciting, in a public place, for the purpose of prostitution and an offence of loitering, in a public place, for the purpose of prostitution. These offences apply to both a person who offers his or her services as a prostitute as well as to those who seek to obtain such services. These offences are targeted at addressing the public nuisances associated with this type of activity. Without understating the vulnerability of those involved in providing sexual services, there is also a public nuisance aspect to prostitution which must be addressed. There must be a balance.
I am also aware of the approach adopted in Northern Ireland where an offence of paying for sexual services of a person was recently introduced. The existing offence of loitering or soliciting for purposes of prostitution by persons offering such services was also repealed. Consequently, those who offer sexual services are no longer subject to any criminal offence under prostitution legislation. I am not convinced that a similar approach must be adopted in this State.
Nonetheless, I am aware of the concerns expressed by the groups who work with the women and men in this area and I take those concerns seriously. It is my intention to review possible alternatives which will recognise the exploitative nature of prostitution, continue to support women and men in exiting prostitution while ensuring any public nuisance concerns are addressed. Any proposals will require consideration by Government.
13. Deputy Clare Daly asked the Minister for Justice and Equality her views on the Garda Síochána Ombudsman Commission's annual report and whether she believes that sufficient progress has been made in the commission's ability to hold the Garda to account. [27012/15]
View answerThe Garda Síochána Ombudsman Commission is an independent statutory body established under the Garda Síochána Act 2005. The objectives, functions and powers of GSOC are governed by the 2005 Act. The Annual Report of GSOC for the year ending 31 December 2014 is the seventh full calendar year report of the Commission’s operations.
As documented in the Annual Report, 2014 was a busy year for GSOC in dealing with investigations. The Annual Report states that GSOC received 11% more complaints in 2014 over 2013 and concluded 8% more cases in 2014 compared with 2013.
I know that questions have been raised in the past about the level of cooperation that GSOC receives from the Garda Síochána, but I am glad to say that the 2014 Annual report gives a generally positive message on that issue. The Report notes that there were marked improvements in efficiency and in dialogue and cooperation with the Garda Síochána. I am confident that this trend will continue into the future, reinforced by recently renewed co-operation protocols agreed between GSOC and the Garda Síochána.
It is vital that the public has strong confidence in the Garda Síochána and the system of oversight of the Garda Síochána. The Garda Síochána Ombudsman Commission is a key part of our policing architecture tasked with a central role in maintaining public confidence in the Garda Síochána. As Deputies will be aware, this Government is, at present, implementing a comprehensive programme of reform in the areas of policing and justice. The Garda Síochána (Amendment) Act 2015 passed by the House earlier this year is an important piece of that reform. The Act, which is fully in force, strengthens and clarifies the remit and capacity of GSOC. The legislation has provided GSOC with more comprehensive and effective powers of investigation and oversight which enable it to fully discharge its functions.
Resources and funding are also kept under continuing review to ensure that GSOC has all the necessary resources to continue to operate effectively and efficiently and in accordance with its statutory remit. This year, an increase of €1 million in the GSOC allocation was provided to resource the organisation's activities. Arrangements have also been put in place for a staff recruitment campaign to fill current vacancies.
Finally, I should say that the Government has recently agreed to nominate Judge Mary Ellen Ring to be appointed as Chairperson of the Garda Síochána Ombudsman Commission following her nomination for appointment to the High Court. I am confident that Ms Justice Ring will bring a wealth of experience and knowledge to the position of Chairperson and I look forward to working with her during her term of office.
14. Deputy Thomas Pringle asked the Minister for Justice and Equality the purpose of a meeting, attended by the reception and integration agency of her Department, with over 40 participants from direct provision centres, managers and owners, at a centre in Knockalisheen in County Clare on 3 June 2015; and if she will make a statement on the matter. [26908/15]
View answerI can confirm that a training course for staff from 7 centres, along with staff from the Reception & Integration Agency (RIA) was held over 2 days, namely 2 and 3 June, 2015 at Knockalisheen accommodation centre. There were 18 people in attendance including trainers.
This training has been organised as part of the roll-out of RIA's policy in respect of Domestic, Sexual and Gender-based Violence and Harassment. The policy document itself is available on RIA's website at www.ria.gov.ie. The policy was produced by a working group comprising representatives from RIA, Cosc (the National Office for the Prevention of Domestic, Sexual and Gender-based Violence), AkiDwA (migrant women's network), Ruhama, Dublin Rape Crisis Centre, Domestic Violence and Advocacy Service, the Irish Refugee Council and the UNHCR. The policy is being introduced to help provide advice and support to staff and residents where such a need arises at any accommodation centre.
The Policy recognises that RIA and the centres under contract to it have a duty of care to all residents. This duty requires RIA to provide safe accommodation which promotes the well being of all of its residents. RIA will be implementing an integrated and coordinated response to domestic, sexual and gender-based violence & harassment within our network of reception / accommodation centres and in cooperation with the network of support services around these centres.
To date there have been training courses on 20-21 May and 10-11 June 2015 at Mosney accommodation centre, on 16-17 June in Old Convent accommodation centre in Ballyhaunis, Mayo, and 2-3 June and 1-2 July at Knockalisheen.
15. Deputy Thomas Pringle asked the Minister for Justice and Equality the circumstances around claims of a recent influx of immigrants to Ireland in the space of one month; and if she will make a statement on the matter. [26907/15]
View answerI assume the Deputy is referring to a recent newspaper article which reported on increased asylum volumes and referred to 700 applicants arriving in the space of a month. The factual position is as follows. A total of 1,481 new asylum applications were received to the end of June this year compared with 597 for the same period in 2014. This is a year on year increase of 884 applicants or 148%. The top five source countries for applications in 2015 are Pakistan, Bangladesh, Albania, Nigeria, and India. These countries account for some 70% of all applications received to end June. The sharpest increases relate to applications from Pakistani and Bangladeshi nationals.
The number of applications received already this year has exceeded the total number for all of last year. This is obviously putting a significant strain on resources, particularly on the Direct Provision system which is now virtually full.
The trend in relation to increased asylum application numbers is also being experienced across other EU States. I have, however, asked my officials to investigate the reasons giving rise to the sharp increase in applications from certain nationalities.
In accordance with the Refugee Act 1996 (as amended) asylum applicants may make an asylum application at the frontier of the State and are given permission to enter and remain in the country pending the final outcome of their application.
I want to make it clear that Ireland always has and will continue to live up to its obligations in relation to the granting of protection to those who are in need of it and meet the criteria set down in international and national law. However, where such applicants are deemed to be unfounded, then they must leave the State when required to do so. This is the position with all developed nations worldwide and Ireland is no different in this regard.
16. Deputy Terence Flanagan asked the Minister for Justice and Equality her views regarding anti-social behaviour such as drug taking and knife crime in Dublin city centre; and if she will make a statement on the matter. [27055/15]
View answerI can assure the Deputy that I am in ongoing contact with the Garda Commissioner in relation to the measures which are being taken to combat crime and enhance public safety in the city centre area. I am advised that Gardaí make full use of the extensive range of legislation which is in place to address street crime and anti-social behaviour, including knife crime and drug related crime. I am aware of course of the concerns which have been expressed in relation to a particularly serious recent incident of knife crime in the city centre, and note that persons have been charged in connection with these assaults.
Tackling this type of crime is central to the overall and ongoing implementation of the Dublin City Centre Policing Plan. This involves a high-visibility uniformed presence on key thoroughfares, as well as the use of undercover Gardaí as appropriate. As part of the Garda Plan a range of dedicated policing operations and measures are in place to tackle crime and anti-social behaviour in the city centre. The resumption of Garda recruitment and the deployment of the first group of newly attested Gardaí are of course key components in providing visible policing in the city centre and elsewhere.
In addition to the Garda responses, I am sure the Deputy would concur that the issues involved are not simply policing ones. He will also recall that I have previously met with the key state agencies and other stakeholders in relation to various actions which are aimed at improving the general environment in Dublin City Centre, and strongly support this ongoing work.
In relation to the concerns which have been expressed about drug misuse in the city centre, the Deputy will be aware that the Government's overall response to the problem of drug misuse, is set out in the National Drugs Strategy for the period 2009-2016. The Strategy is being delivered under the stewardship of my colleague, Minister of State Ó Ríordáin, and it provides a coordinated and comprehensive response founded on a partnership approach.
I think it is generally accepted that the complex issues which contribute to drug addiction and related behaviours must be addressed in a coordinated and cross-cutting manner. In response to the particular issues arising in Dublin City Centre a multi-agency street outreach approach is being used to work with vulnerable and high-risk individuals and an offender management programme is being piloted to address repeat offending in the Dublin City area. These measures, combined with the Government's initiatives to tackle homelessness, are helping to address the broader aspects of the problems referred to by the Deputy.
Finally, I welcome the continued close engagement between An Garda Síochána, Dublin City Council and other agencies as well as ongoing consultation with key stakeholders, such as the Dublin City Business Forum. My Department is maintaining contact with these cooperative initiatives, and I understand that positive feedback is being received in relation to the policing measures being employed by the Garda authorities, and their level of engagement with business and community interests.
17. Deputy Niall Collins asked the Minister for Justice and Equality the actions she has taken since the publication of the Moriarty report; if she is satisfied that the necessary legislation is now in place to prevent such circumstances, as outlined in the report, from arising again; and if she will make a statement on the matter. [27049/15]
View answerAs the Deputy will be aware, the report of the Moriarty Tribunal made a number of recommendations which related to the responsibilities of different Government Departments. In this regard I understand that there have been relevant developments in the fields of financial regulation, company law, and electoral law. As Minister for Justice and Equality, I can only respond in relation to the recommendations which refer to my own Department's responsibilities.
In this regard, the Tribunals Bill is under review in my Department. I can assure the Deputy that this work has entailed detailed consideration being given within my Department to the full suite of recommendations made by the Moriarty Tribunal in its Report of March 2011 and the Mahon Report in March 2012, to the relevant judgments delivered by the Supreme Court in July 2011 and October 2012, and to the developing experience regarding the operation of Commissions of Investigation. The review will be completed as soon as possible, but is dependent on other legislative priorities. Accordingly, the likely time frame cannot be indicated with any certainty at this point.
In addition, I am informed by the Garda authorities that, following the examination by An Garda Síochána of the report of the Moriarty Tribunal, the advices of the Director of Public Prosecutions have been sought. As this process is ongoing it would not be appropriate for me to comment in further detail at this time.
18. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she is in favour of permitting asylum seekers to work while their applications for asylum are being assessed; and if she will make a statement on the matter. [27057/15]
View answerSection 9(4)(b) of the Refugee Act 1996 provides that applicants for international protection shall not seek or enter employment or carry on any business, trade or profession during the period before the final determination of their application.
The Report of the Working Group on the Protection Process which was published on 30 June, 2015 includes a recommendation on access to the labour market for protection applicants. The Report, acknowledging government policy in this area, does not recommend any immediate right to work. It does, however, recommend that provision for access to the labour market for protection applicants, who are awaiting a first instance decision for nine months or more (in line with the recast Reception Directive) and who have cooperated with the protection process (under the relevant statutory provisions), should be included in the International Protection Bill and should be commenced when the single application procedure is operating efficiently.
This recommendation takes account of the fact that, under the current statutory arrangements, first instance decisions in respect of refugee status and subsidiary protection do not, in the normal course, issue within nine months at present.
A key concern with regard to granting protection applicants the right to work is that both the asylum process and the wider immigration system could be undermined by giving persons who secure entry to the State, on foot of claims to asylum, the same access to employment as immigrants who follow the appropriate pre-entry route to obtain employment in the State. There is an effective immigration and visa system in place for those who wish to migrate to the State for employment purposes. Any change of policy in relation to access to the labour market by protection applicants would also need to have regard to the large number of people currently unemployed in the State.
It should also be borne in mind that while access to the labour market is permitted in other Member States, it is often the case that this is very restricted with access to only certain labour market sectors and often only after specific periods of time have elapsed. In addition, access may be subject to labour market tests having been met.
The recommendations of the Working Group and their implications will be carefully considered by Government in the coming period.
19. Deputy Paul Murphy asked the Minister for Justice and Equality if she will revise the fee charged for a naturalisation certificate; her views that the fee is a barrier to citizens from other European Union states becoming Irish citizens in view of the fact they do not have to renew visas at cost; and if she will make a statement on the matter. [27076/15]
View answerThe fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (SI 569 of 2011). The standard certification fee is stipulated as €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of refugees and stateless persons the certification fee is nil. There is no provision to waive or reduce the applicable statutory fees. Each application for naturalisation is also subject to an application fee of €175.
The standard fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for a certificate of naturalisation. Every application must be assessed to establish if the statutory requirements are met. I do not accept that citizens of other EU states are less able to pay naturalisation fees than nationals of other countries. The Deputy may wish to note that there has been an substantial increase in the number of EU nationals applying for and being granted Irish citizenship over the past 3 years. As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour.
The Deputy will be aware that formal citizenship ceremonies have been introduced at no extra cost to applicants. These have been universally well received by participants as the ceremonies provide a sense of dignity and occasion that serves to underscore the importance to both the State and the applicant of the granting of Irish citizenship. Democratic participation by citizens is a cornerstone of our representative democracy and a leaflet informing new citizens of their right to register and vote in all elections in the State and how to register is included in the ceremony packs issued to candidates for citizenship.
All of the fees payable under the Irish Nationality and Citizenship Act 1956 are kept under review by my Department.
20. Deputy Niall Collins asked the Minister for Justice and Equality the actions she has taken to address the inadequacies as outlined in the Garda Síochána Inspectorate crime investigation report; and if she will make a statement on the matter. [27050/15]
View answerAs 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 underway and in respect of which significant progress has already been made. Implementation of this programme, including the reforms recommended by the Inspectorate, is being overseen by the Cabinet Committee on Justice Reform, chaired by An Taoiseach.
Following the publication of the Report, An Garda Síochána 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 coordinate the implementation of the reforms arising from the Inspectorate’s report.
Important steps to respond to Report's recommendations have included the establishment of Risk Compliance and Continuous Improvement Offices in each Region to ensure the standardisation of processes and to support Regional Garda management in improving the delivery of local policing services and ensuring governance and accountability.
Other important measures which are being taken forward are the development of a new accountability framework for crime investigation, incident management and administration, as well as the introduction of a new IT strategic planning process to oversee the necessary and early investment in upgrading Garda technology. In this regard I have been working closely with my colleague Minister Howlin to secure the necessary and early investment in upgrading Garda technology and I hope to make significant announcements shortly in relation to the development of Garda ICT systems.
The Garda commitment to improving the support to victims of crime is highlighted in early developments following on the Inspectorate's recommendations. These include the establishment of Garda Victim Service Offices in each Garda Division from March 2015. In addition, a new Child Protection, Domestic Violence and Human Exploitation Unit has been established and a Chief Superintendent appointed to oversee the new unit under the auspices of Garda National Support Services. Updates are also being made to PULSE to facilitate better communication with victims.
The Deputy will be aware that following a detailed analysis of PULSE data in relation to the recording, classification and reclassification of crime, the CSO has recently resumed publication of the quarterly crime figures, along with an analysis of the how the issues identified by the Garda Inspectorate impact on the production of these statistics. The analysis carried out by both the CSO and the Garda Inspectorate has identified common issues of concern in relation to Garda crime recording processes and systems. Following the publication of the Inspectorate’s report, An Garda Síochána took a number of important initiatives to address the issues identified in relation to the recording of crime, and the Commissioner has recently indicated that, arising from and building on this work, she expects a series of further new measures to be rolled out nationally later this year. It is essential that we have access to accurate, reliable data on crime, and the CSO will continue to work with An Garda Síochána to address the issues identified, and has indicated that it will repeat its analysis of the data quality issues at regular intervals.
I might also draw the Deputy’s attention to other work being led by the CSO which is chairing an Expert Panel to examine the Garda Inspectorate’s recommendations on crime statistics, including with a view to the development of new crime counting rules.
More broadly, my Department has established a Criminal Justice Strategic Committee, as part of the overall justice sector reform programme, and as also recommended by the Inspectorate. The Committee includes the heads of all the relevant criminal justice agencies and provides a forum to address cross-cutting issues within the criminal justice sector.
