Written Answers Nos. 463-477
463. Deputy John Lyons asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding complaints made to the independent review panel of the Garda Síochána Ombudsman Commission; if certain documents would be accepted by the commission; and if she will make a statement on the matter. [28814/15]
View answerThe Deputy is referring to a person whose case is being considered by the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case.
The review of each complaint consists of an examination of the papers in the complaint by a counsel from the Panel. The person referred to by the Deputy, together with her legal advisors, have been advised that documentation held by the Department, or forwarded by the Department of the Taoiseach, has been referred to the Panel. Such documentation includes correspondence from complainants, any reports that might have been sought from An Garda Síochána to assist the Department in replies, any submissions to the Minister in relation to the case, and documents relating to previous reviews of the issues. Complainants have also been advised that it is open to them to submit any further documentation relevant to their case.
The correspondence referred to by the Deputy has been forwarded to the panel of the independent review mechanism.
464. Deputy Jerry Buttimer asked the Minister for Justice and Equality regarding the implementation of new public service sick leave arrangements in An Garda Síochána in 2014, the amount of money saved as a result of these measures; if the lost time rate was reduced as a result; if there has been a reduction in the average days lost per whole-time equivalent employee; the expected savings in terms of money and time in 2015; and if she will make a statement on the matter. [28825/15]
View answerThe new Public Service Sick Leave Scheme was introduced from 31 March 2014. The Public Service Management (Sick Leave) Regulations 2014, made by the Minister for Public Expenditure and Reform, set out the terms of the new Public Service Sick Scheme.
Under the terms of the new Public Service Sick Leave Scheme entitlement to paid sick leave is calculated over a rolling four year period. This did not previously apply to members of An Garda Síochána. I have been informed by the Garda Commissioner that since the introduction of the new scheme, the number of days lost due to sick leave has decreased significantly.
The following tables set out for An Garda Síochána (1) the cost of sick leave and the savings, (2) lost time rates as a percentage and (3) the average days lost in 2013 and 2014.
I am further informed that An Garda Síochána are not in a position to predict expected savings in 2015 as it is not possible to forecast how many members or civilian staff will avail of the scheme in the future.
Table 1. Cost of sick leave and savings
|
Year |
Cost of Sick Leave for sworn members |
Cost of Sick Leave for civilian staff |
Combined cost of Sick Leave for An Garda Síochána |
|
2013 |
€22.9 m |
€2.8 m |
€25.7 m |
|
2014 |
€13.2 m |
€2.5 m |
€15.7 m |
|
Savings |
€9.7 m |
€0.3 m |
€10 m |
Table 2. Lost Time Rates
|
Year |
Sworn members |
Civilian staff |
|
2013 |
4.7% |
5.4% |
|
2014 |
3.4% |
5.3% |
Table 3. Average Days Lost
|
Year |
Average days lost per sworn members |
Average days lost per civilian staff |
|
2013 |
10.73 |
12.35 |
|
2014 |
7.73 |
12.11 |
465. Deputy Sean Fleming asked the Minister for Justice and Equality if she will provide an update on Garda Síochána recruitment; the number of gardaí in the force at this time; and if she will make a statement on the matter. [28841/15]
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 commenced their training. The remaining 100 entered the college in February this year. In addition I received sanction from the Minister for Public Expenditure and Reform for the further intake of 250 recruits in 2015. It is expected that there will be a further intake into the Garda College of 100 trainees later this month, with two further intakes scheduled for October and December of this year. This will bring the number of new recruits to 550 by the end of 2015.
The September intake of recruits attested as members of the Garda Síochána on 23 April 2015 and further attestations are scheduled to take place in July and September.
I have been informed by the Garda Commissioner that the total strength of An Garda Síochána as of 31 May 2015, the latest date for which figures are readily available, was 12,772. There are also 1,057 Garda Reserves and just over 2,000 civilians attached to An Garda Síochána.
466. Deputy Finian McGrath asked the Minister for Justice and Equality the up-to-date position in relation to a matter (details supplied) regarding allegations in a legal case; and if she will make a statement on the matter. [28843/15]
View answerI understand from the details supplied that a complaint has been made to the Garda Síochána Ombudsman Commission. As the Deputy is aware the Garda Síochána Ombudsman Commission is an independent body which was set up under the Garda Síochána Act to receive complaints made by members of the public concerning the conduct of members of the Garda Síochána.
The Garda Síochána Ombudsman Commission is independent in the exercise of its functions and I have no role in its consideration of complaints.
467. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 347 of 10 March 2015, if An Garda Síochána has to date received any complaint, or had any contact from the Metropolitan Police, with regard to hacked material being sourced by a company (details supplied) from its Dublin offices. [28844/15]
View answerI am informed by the Garda authorities that no complaint has been made to An Garda Síochána in relation to this matter and that the position is unchanged from the previous replies given to the Deputy.
468. Deputy Clare Daly asked the Minister for Justice and Equality if a person (details supplied) has been placed in or undergone any kind of medically supervised care programme since being found guilty of the manslaughter of another person. [28866/15]
View answer469. Deputy Clare Daly asked the Minister for Justice and Equality the medical and psychological interventions and supports that have been provided to a person (details supplied) since the person was found guilty of manslaughter. [28867/15]
View answerI propose to take Questions Nos. 468 and 469 together.
The Deputy will understand that the Irish Prison Service is subject to the principle of medical confidentiality regarding the medical records of any individual in custody.
However, the Irish Prison Service has advised me that it is providing all appropriate medical and psychology services to the named prisoners.
I can also advise that the McMorrow Commission's Final Report on its investigation into the death of Gary Douch contained a number of key findings relating to the management, medical treatment, and psychiatric care of prisoners. The Irish Prison Service has developed, and is implementing a comprehensive Action Plan for the implementation of the Commission's recommendations which are relevant to the Irish Prison Service.
The Irish Prison Service is also directly involved in the Interdepartmental Group on people with mental illness and the criminal justice system chaired by my Department. This Group is examining issues relating to people with mental illness and their interaction with the criminal justice system. This Group also includes representatives of the Department of Health, Health Service Executive, National Forensic Mental Health Service, An Garda Síochána, and the Office of the Director of Public Prosecutions.
470. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 398 of 21 April 2015, the number of drivers who were disqualified in the District Court for road traffic offences in 2013 and 2014 and up to the end of March 2015; and if she will make a statement on the matter. [28927/15]
View answerThe Deputy will be aware that under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have had enquiries made and the information requested is provided in the table below.
Report on the Number of Drivers Disqualified for Road Traffic Offences in 2013, 2014 & January to March 2015
Note: If a person was before the court more than once in the Court Area for that year they are only included once on the report.
|
YEAR |
No. of Drivers disqualified from driving for Road Traffic Offices |
|
Jan to Dec 2013 |
7,977 |
|
Jan to Dec 2014 |
7,290 |
|
Jan to Mar 2015 |
2,214 |
471. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 587 of 9 June 2015, if the table with the number of defendants recorded on the Courts Service criminal case tracking system who were before the court for offences under the Road Traffic Act and the outcome of whose cases involved payments to the court poor box is now available; if it will be forwarded before the Dáil summer recess; and if she will make a statement on the matter. [28928/15]
View answerI refer to Parliamentary Question No. 587 of 9 June 2015 in which the Deputy sought a breakdown of cases before each District Court for road traffic offences, where the outcome included donations to the court poor box.
The court poor box is a non-statutory system used mostly by the District Courts to impose a financial charge on a defendant to be used for a charitable purpose, usually instead of imposing a criminal conviction. Payments made to the court poor box are accounted for by the court office concerned and the accounting procedures are subject to audit by the Comptroller and Auditor General. Generally, charities are the recipients of poor box contributions but the decision is solely at the discretion of the Judge who is independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. In February 2014, the Government approved the drafting of the Criminal Justice (Community Sanctions) Bill, which will replace the Probation of Offenders Act 1907 with modern provisions dealing with community sanctions and the role of the Probation Service in the criminal justice system. It is intended that the legislation will provide for a statutory Reparation Fund to replace the Court Poor Box, as recommended by the Law Reform Commission in its 2005 report The Court Poor Box: Probation of Offenders.
As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have made enquiries and the information is currently being complied and verified. I shall arrange for the information requested to be forwarded to him shortly.
472. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions Nos 438 and 439 of 16 June 2015, if the report is now available; if it will be available before Dáil Éireann recesses for the summer; and if she will make a statement on the matter. [28929/15]
View answerFor ease of reference, the information sought by the Deputy was 'for the years 2013 to date in 2015, based on District Court areas, by year, the number of drivers that paid their fixed charge penalty point notices within the 56 days provided; of those who paid, the number that had the penalty points applied to their licences; and the report on current procedure for processing payment of fixed charge penalty point notices when the licence number is not included or is incorrect; if in these cases the notice is returned or accepted when the correct payment is within the required 56 days; the number of FCPN fines paid in the correct timeframe but no penalty points were applied in 2013, 2014 and to date in 2015; and if I will make a statement on these matters.
As the Deputy will be aware, Fixed Charge Notices are issued by An Garda Síochána and I am advised that payment is recorded centrally and not by reference to District Court Area. The total number of Fixed Charge Notices, relating to penalty point offences, paid during the periods in question was 197,344 (2013), 226,238 (2014) and 84,288 (Jan to 22 May 2015). These figures are provisional, and do not include Fixed Charge Notices relating to offences other that those to which penalty points apply.
I am further informed by the Garda authorities that payment of any Fixed Change Notice is not accepted without the correct driving licence details. Where an individual elects to pay their Fixed Charge Notice in a Post Office and they do not present a driving licence or provide incorrect licence details, the payment will be refused. Where a Fixed Charge Notice is paid by Billpost and the driver licence details are inaccurately completed or omitted, payment is rejected and returned, along with the original Fixed Charge Notice. In both of these circumstances, the Fixed Charge Notice remains effective and if not paid together with correct driving licence details, will result in a summons being issued for the original offence.
473. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of convictions, per District Court, for drink driving offences in 2013, 2014 and to date in 2015; the number of defendants listed for drink driving prosecutions per District Court for the same years; the number of licences recorded upon conviction per District Court for the same years; and if she will make a statement on the matter. [28931/15]
View answerThe Deputy will be aware that under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have made enquiries and the information is currently being complied and verified. I shall arrange for the information requested to be forwarded to him shortly.
474. Deputy Brendan Ryan asked the Minister for Justice and Equality when the Assisted Decision-Making Capacity Bill 2013 will be scheduled for Report Stage in Dáil Éireann; when this Bill will have completed all Stages in the Houses of the Oireachtas; and if she will make a statement on the matter. [28979/15]
View answerIt is my plan to seek a date for Report Stage on the Assisted Decision-Making (Capacity) Bill 2013 in September. The scheduling of Oireachtas business is of course a matter for the Oireachtas. However, the aim is that the Bill will be enacted by the end of this year.
475. Deputy Niall Collins asked the Minister for Justice and Equality the amount of revenue collected in respect of firearms licence fees in each of the years 2012 to 2014; and if she will make a statement on the matter. [28981/15]
View answerI am informed by An Garda Síochána that the total revenue collected by them in respect of firearm licence fees in 2012, 2013 and 2014 is as follows: 2012, €1.926m; 2013, €10.755m; and 2014, €3.697m.
These figures include revenue for fees for firearms certificates issued to non-residents in accordance with the Firearms (Firearms Certificates for Non-Residents) Act 2000. It should be noted that as the certificate renewals cover a 3 year period, the level of receipts will therefore diminish over the course of the 3 year renewal cycle.
476. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if she will confirm that verbal agreements between customers and telephone companies, etc, as a result of a door-to-door call or a telephone contact, are legally binding, as the persons have not signed anything with the companies; and if she will make a statement on the matter. [29079/15]
View answerWhile the Deputy's question would appear to some degree to be seeking a broad interpretation of contract law that would in reality be dependent upon the individual terms and circumstances of the agreements in question, the Department of Jobs, Enterprise and Innovation, which has greater general expertise in the area of consumer rights, has provided the following information of general applicability, which I trust the Deputy will find helpful.
While Directive 2011/83/EU on Consumer Rights, which has been given effect by the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013), does not affect national laws on the conclusion or validity of contracts, it requires traders to provide a range of specified information to the consumer before the latter is bound by the contract. In the case of off-premises contracts, such as those concluded in the consumer’s home, the trader must provide this information on paper or, if the consumer agrees, on another durable medium such as an e-mail. The trader must also provide the consumer with a copy of the signed contract or the confirmation of the contract on paper or, if the consumer agrees, on another durable medium. In the case of distance contracts, such as those concluded online or by telephone, the trader must provide the consumer with confirmation of the concluded contract on a durable medium within a reasonable time after the conclusion of the contract and at the latest at the time of the delivery of the goods or before performance of the service begins.
477. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support the Migrants Rights Centre Ireland by introducing a once-off, time-bound, regularisation scheme with transparent criteria in the lifetime of the current Government. [29081/15]
View answerI am aware of the MRCI proposals regarding regularisation and have met with representatives of the organisation at their request, as indeed do my officials on an ongoing basis. As with any proposals that are submitted to me, those from MRCI will receive due consideration. Media reports however suggesting that my Department has drawn up detailed proposals for a regularisation programme in consultation with MRCI are wholly inaccurate.
I have set out the Government's position on this issue many times before. There is a clear obligation on anyone coming to live and work in the State to respect our laws. In this regard it remains the responsibility of all non-EEA nationals who are resident in the State to ensure that they have an appropriate permission from the Minister for Justice and Equality and the great majority of migrants fully comply with this condition. I am conscious that any significant departure from well established policies will invariably have implications for our immigration controls and the smooth functioning of the Common Travel Area with the United Kingdom.
This does not preclude any foreign national, who finds him or herself in an undocumented situation, from returning to their home country and applying to re-enter the State or, in the alternative, from approaching the immigration authorities to seek permission to remain in the State. Such cases would be carefully considered, taking the relevant circumstances into account, before any final decision was made. An important factor in any such consideration would be the circumstances in which the person concerned became undocumented. Following such a process it is reasonable for the State to expect that people will respect this decision.
I would emphasise that, experience has shown us, most people become undocumented through their own conscious actions or omissions. But this may not always be the case and in recognition of that fact the Department has operated a scheme to address the situation of those who became undocumented through no fault of their own.
