Wednesday, 15 Jul 2015

Written Answers Nos. 167-179

Courts Service Data

Questions (167)

Thomas P. Broughan

Question:

167. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 124 of 8 July 2015, where 15,824 offences of holding a mobile phone came before the courts and convictions were recorded in relation to 4,716, if she will provide a breakdown of the number of these offences, by District Court, in 2013 and 2014 and up to the end of March 2015; and if she will make a statement on the matter. [29392/15]

Written answers

Minister for Justice and Equality

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 had enquiries made and the tables below provide the information requested.

Please note that the total number of convictions previously provided in the reply to Parliamentary Question No. 124 of 8 July 2015 has changed. The most recent report run on the Criminal Court Case Tracking System takes account of factors such as convictions which may have been appealed, reversed, set aside etc. since the report was first run in response to the earlier question.

Report by Court Area on number of offences listed and number of offences convicted for holding a mobile phone for 2013, 2014 and January – March 2015

Note 1: Report includes summonses not served

Note 2: Report includes summonses and charge sheets

Note 3: Report includes cases listed but may not yet be finalised

Jan – Dec 2013

Court Area	Offences Listed	Convictions
ABBEYFEALE	6	2
ACAILL	1	0
ARDEE	20	3
ARKLOW	13	4
ATHLONE	54	8
ATHY	32	6
BALLINA	19	3
BALTINGLASS	7	1
BANDON	46	12
BEAL AN MHUIRTHEAD	0	0
BALLYCONNELL & SWANLINBAR	12	1
BIRR	4	1
BALLINASLOE	14	4
BALLAGHADERREEN	1	1
BALLYSHANNON	0	0
BALLYHAUNIS	1	0
BANTRY	12	2
BRAY	62	22
BUNCRANA	10	2
CAHIRCIVEEN	4	0
CARLOW	57	8
CASHEL	17	1
CAVAN	62	6
CASTLEBAR	54	9
CLIFDEN	3	2
CLONMEL	26	4
CLONAKILTY	24	10
CORK CITY	485	162
CARRICK ON SHANNON	21	3
CARRICKMACROSS	17	5
CARNDONAGH	2	0
CARRICK ON SUIR	18	4
CASTLEREA	2	0
AN DAINGEAN	0	0
DUBLIN METROPOLITAN DISTRICT	2,583	652
DUNGARVAN	23	8
DONEGAL	2	1
DROGHEDA	47	9
DOIRE AN FHEICH	1	0
DUNDALK	30	7
AN CLOCHAN LIATH	1	0
EDENDERRY	8	3
ENNIS	170	44
AN FAL CARRACH	1	1
FERMOY	25	5
GALWAY	217	66
NA GLEANNTA	0	0
GORT	29	6
GOREY	34	9
KELLS	34	12
KENMARE	0	0
KILLALOE	2	0
KINSALE	9	5
KILCOCK	35	10
KILKENNY	140	33
KILLORGLIN	4	1
KILRUSH	7	0
KILLARNEY	32	6
LETTERKENNY	37	12
LIMERICK	267	59
LISMORE	8	1
LISTOWEL	4	0
LONGFORD	72	21
LOUGHREA	37	5
MACROOM	58	16
MALLOW	110	30
MANORHAMILTON	1	0
MIDLETON	73	15
MONAGHAN	11	2
MULLINGAR	88	23
NAAS	200	53
NENAGH	25	2
NEWCASTLE WEST	29	6
NAVAN	124	17
PORTLAOISE	114	25
ROSCOMMON	36	13
SKIBBEREEN	5	4
SLIGO	23	4
STROKESTOWN	10	5
SWINFORD	10	0
THURLES	32	4
TIPPERARY	8	3
TRALEE	43	4
TRIM	14	2
TUAM	57	19
TUBBERCURRY	6	0
TULLAMORE	46	15
VIRGINIA	19	3
WEXFORD	53	27
WICKLOW	37	13
WESTPORT	5	1
WATERFORD CITY	116	36
YOUGHAL	13	4
TOTAL	6,331	1,608

Jan – Dec 2014

Court Area	Offences Listed	Convictions
ABBEYFEALE	4	2
ACAILL	1	0
ARDEE	13	0
ARKLOW	16	2
ATHLONE	109	49
ATHY	18	6
BALLINA	19	2
BALTINGLASS	0	0
BANDON	82	39
BEAL AN MHUIRTHEAD	5	2
BALLYCONNELL & SWANLINBAR	0	0
BIRR	1	1
BALLINASLOE	17	9
BALLAGHADERREEN	3	1
BALLYSHANNON	9	3
BALLYHAUNIS	0	0
BANTRY	13	5
BRAY	94	30
BUNCRANA	5	0
CAHIRCIVEEN	0	0
CARLOW	67	20
CASHEL	19	2
CAVAN	97	23
CASTLEBAR	50	11
CLIFDEN	5	3
CLONMEL	74	15
CLONAKILTY	16	9
CORK CITY	523	256
CARRICK ON SHANNON	26	3
CARRICKMACROSS	28	9
CARNDONAGH	1	7
CARRICK ON SUIR	12	0
CASTLEREA	8	4
AN DAINGEAN	2	1
DUBLIN METROPOLITAN DISTRICT	3,088	825
DUNGARVAN	31	4
DONEGAL	6	2
DROGHEDA	44	13
DOIRE AN FHEICH	6	3
DUNDALK	33	12
AN CLOCHAN LIATH	5	2
EDENDERRY	0	0
ENNIS	210	74
AN FAL CARRACH	1	1
FERMOY	19	5
GALWAY	375	154
NA GLEANNTA	1	0
GORT	40	7
GOREY	18	3
KELLS	0	0
KENMARE	1	0
KILLALOE	10	2
KINSALE	0	0
KILCOCK	26	11
KILKENNY	68	19
KILLORGLIN	3	4
KILRUSH	16	0
KILLARNEY	33	9
LETTERKENNY	22	5
LIMERICK	187	66
LISMORE	6	4
LISTOWEL	13	5
LONGFORD	65	19
LOUGHREA	39	20
MACROOM	48	18
MALLOW	98	35
MANORHAMILTON	1	1
MIDLETON	94	40
MONAGHAN	25	3
MULLINGAR	67	27
NAAS	217	90
NENAGH	17	4
NEWCASTLE WEST	67	24
NAVAN	163	43
PORTLAOISE	97	35
ROSCOMMON	41	16
SKIBBEREEN	8	4
SLIGO	48	12
STROKESTOWN	7	0
SWINFORD	32	9
THURLES	0	0
TIPPERARY	28	5
TRALEE	102	12
TRIM	22	4
TUAM	47	25
TUBBERCURRY	7	2
TULLAMORE	79	37
VIRGINIA	33	12
WEXFORD	114	47
WICKLOW	40	13
WESTPORT	2	0
WATERFORD CITY	138	42
YOUGHAL	20	6
TOTAL	7,365	2,349

Jan – Mar 2015

Court Area	Offences Listed	Convictions
ABBEYFEALE	0	0
ACAILL	0	0
ARDEE	8	5
ARKLOW	5	2
ATHLONE	14	6
ATHY	4	0
BALLINA	5	2
BALTINGLASS	0	0
BANDON	14	6
BEAL AN MHUIRTHEAD	2	0
BALLYCONNELL & SWANLINBAR	0	0
BIRR	0	0
BALLINASLOE	6	2
BALLAGHADERREEN	1	0
BALLYSHANNON	1	1
BALLYHAUNIS	0	0
BANTRY	6	2
BRAY	19	3
BUNCRANA	2	1
CAHIRCIVEEN	0	0
CARLOW	23	4
CASHEL	4	0
CAVAN	21	3
CASTLEBAR	14	3
CLIFDEN	0	0
CLONMEL	9	6
CLONAKILTY	2	1
CORK CITY	132	53
CARRICK ON SHANNON	0	0
CARRICKMACROSS	6	1
CARNDONAGH	1	1
CARRICK ON SUIR	4	1
CASTLEREA	1	0
AN DAINGEAN	1	0
DUBLIN METROPOLITAN DISTRICT	767	184
DUNGARVAN	12	1
DONEGAL	4	0
DROGHEDA	14	4
DOIRE AN FHEICH	1	0
DUNDALK	8	2
AN CLOCHAN LIATH	0	0
EDENDERRY	0	0
ENNIS	32	15
AN FAL CARRACH	0	0
FERMOY	15	4
GALWAY	108	49
NA GLEANNTA	1	0
GORT	14	7
GOREY	5	1
KELLS	0	0
KENMARE	1	0
KILLALOE	4	1
KINSALE	0	0
KILCOCK	6	2
KILKENNY	33	18
KILLORGLIN	1	0
KILRUSH	5	2
KILLARNEY	9	0
LETTERKENNY	5	2
LIMERICK	66	21
LISMORE	0	0
LISTOWEL	8	1
LONGFORD	22	9
LOUGHREA	9	2
MACROOM	18	9
MALLOW	35	11
MANORHAMILTON	0	0
MIDLETON	27	11
MONAGHAN	9	3
MULLINGAR	21	7
NAAS	48	26
NENAGH	6	0
NEWCASTLE WEST	12	3
NAVAN	52	10
PORTLAOISE	19	9
ROSCOMMON	10	5
SKIBBEREEN	0	0
SLIGO	12	4
STROKESTOWN	2	1
SWINFORD	0	0
THURLES	26	4
TIPPERARY	4	1
TRALEE	26	2
TRIM	7	2
TUAM	17	8
TUBBERCURRY	4	2
TULLAMORE	22	16
VIRGINIA	11	2
WEXFORD	34	12
WICKLOW	7	1
WESTPORT	1	1
WATERFORD CITY	43	8
YOUGHAL	4	2
TOTAL	1,932	588

Penalty Points System Data

Questions (168)

Thomas P. Broughan

Question:

168. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question Nos. 438 and 439 of 16 June 2015, regarding the payment of fixed-charge penalty point notices, if the information is now available; if it will be forwarded to this Deputy's office before the summer recess; and if she will make a statement on the matter. [29393/15]

Written answers

Minister for Justice and Equality

For 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.

Driver Licence Data

Questions (169)

Thomas P. Broughan

Question:

169. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 357 of 23 June 2015, if this information has now been collated and if it will be forwarded to this Deputy's office before the summer recess; and if she will make a statement on the matter. [29394/15]

Written answers

Minister for Justice and Equality

I hope to be in a position to communicate with the Deputy in relation to this matter in the near future.

Prison Staff

Questions (170)

Pádraig MacLochlainn

Question:

170. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when an appeal by a prison officer (details supplied) at Portlaoise prison in County Laois against the findings of an oral hearing in October 2013 will be heard. [29397/15]

Written answers

Minister for Justice and Equality

I am advised by the Irish Prison Service that the procedures for implementing disciplinary matters for Prison Officers are set out in the Statutory Instrument Prison (Disciplinary Code for Officers) Rules, 1996 as amended by the Prison (Disciplinary Code for Officers) (Amendment) Rules 2009.

This Statutory Instrument provides for an oral hearing to be heard by the Governor where an alleged breach of discipline occurs and that an officer charged with an offence can appeal to the Minister or to a designated person.

I am advised by the Irish Prison Service that in this case the outcome of the oral hearing is currently under appeal by the person referred to by the Deputy.

Prison Investigations

Questions (171)

Pádraig MacLochlainn

Question:

171. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when a report regarding Portlaoise prison in County Laois carried out by a then assistant principal officer (details supplied) will be published. [29398/15]

Written answers

Minister for Justice and Equality

I am advised by the Director General of the Irish Prison Service that an internal examination of staff concerns at Portlaoise Prison was undertaken and a summary report issued to all participants involved in that process on 18 December 2013. I am further advised by the Director General that the participants in this examination were assured that discussions would remain confidential. Therefore, in order to protect the identity of those who engaged in the examination it is not intended to publish the report.

Garda Deployment

Questions (172)

Thomas P. Broughan

Question:

172. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if the number of Garda Síochána will be increased at Coolock, Clontarf, Santry, Raheny and Howth in County Dublin following new recruitment of Gardaí; and if she will make a statement on the matter. [29409/15]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

The Deputy will be aware that the first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15 September 2014. As part of Budget 2015, a further intake of 200 recruits in two batches was announced. On 15 December 2014, the first 100 of these batches commenced their training. The remaining 100 entered the college in 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 attestation of 99 new Probationer Gardaí is scheduled for later this month. On attestation, these new Probationer Gardaí will be assigned to Garda stations throughout the country, where they will be allocated to mainstream uniform policing duties, and the needs of all Garda Divisions will be fully considered as part of this process.

Legislative Measures

Questions (173)

Finian McGrath

Question:

173. Deputy Finian McGrath asked the Minister for Justice and Equality if she will provide an update on the mediation Bill, as it provides substantial savings for the State and the Courts Service; and if she will make a statement on the matter. [29424/15]

Written answers

Minister for Justice and Equality

The Mediation Bill, which is currently being drafted in the Office of the Parliamentary Counsel, will introduce an obligation on solicitors and barristers to advise any person wishing to commence legal proceedings to give consideration to mediation as an alternative dispute resolution option before embarking on such proceedings. It will also provide that a court may, following the commencement of proceedings, on its own initiative or at the request of a party to the proceedings, invite all the parties to consider mediation as an alternative means of resolving the matter and suspend the proceedings to facilitate that process.

While it is not possible to give a specific date for publication of the Bill at this stage, I intend to proceed quickly with enactment of the Bill following its publication later this year.

Mother and Baby Homes Inquiries

Questions (174)

Mattie McGrath

Question:

174. Deputy Mattie McGrath asked the Minister for Children and Youth Affairs the names of the barristers appointed to assist the Commission of Investigation into Mother and Baby Homes, together with details of the scale of fees to be applied in respect of work conducted by barristers to assist this commission; and if he will make a statement on the matter. [29435/15]

Written answers

Minister for Children and Youth Affairs

Section 8 of the 2004 Commissions of Investigation Act provides that a Commission, with the approval of the specified Minister, may appoint persons with relevant qualifications and experience to advise and assist the Commission in relation to any matter within its terms of reference.

The Commission has selected a panel of Junior and Documentary Counsel and it proposes to assign specific tasks to members of the panel as the need arises. The scale of fees approved by the Minister for Public Expenditure and Reform for legal advisors to assist the Commission is as follows: Senior Counsel - €788.27 per diem; Junior Counsel - €394.13 per diem; Documentary Junior - €200.00 per diem. In addition, Ms Ita Mangan, Barrister, has been appointed as Director of the Commission to oversee the legal and administrative functions of the Commission. This post is remunerated at a rate of €550 per diem.

Child Care Services Funding

Questions (175)

Niall Collins

Question:

175. Deputy Niall Collins asked the Minister for Children and Youth Affairs his views on the difficulties being experienced by child care providers arising from the policy of Pobal in insisting that funding for community child care places is provided to the child, and if the child leaves the funding is withdrawn; his plans to change the system; and if he will make a statement on the matter. [29239/15]

Written answers

Minister for Children and Youth Affairs

My Department implements a number of childcare support programmes to assist parents to access quality childcare services.

The Community Childcare Subvention (CCS) programme provides funding to community childcare not-for-profit services to enable them to provide childcare at reduced rates to disadvantaged and low income working parents. This programme support some 25,000 children each year. Pobal has responsibility for the new Programme Implementation Platform (PIP) system which has streamlined the implementation and administration of all childcare programmes. The introduction of this new system did not result in any change to the administration criteria of the CCS programme.

There are in the region of 900 community childcare services participating in the CCS programme and they qualify for funding on the basis of the level of service they provide and the profile of the parents benefiting from their service. Support is provided to parents based on information gathered during a designated week in the month of October, and it is only parents who satisfy the qualifying criteria in this particular week who qualify for support under the programme. If a child leaves the service after qualifying for CCS support, they may be replaced by another eligible child. In this situation the service retains this funding until the end of that school year. However, during the course of the year if a substantial number of children leave the service and are not replaced, the CCS funding to the service will be reviewed.

The Early Childhood Care and Education (ECCE) programme, which provides the free pre-school year to eligible children, and a number of programmes that support parents returning to the work force are also implemented by Pobal through the new PIP system. The criteria for the administration of these programmes has not changed. If the Deputy wishes to clarify further what the issue is, I will ask my officials to examine the matter again.

Local Authority Funding

Questions (176, 177)

Jerry Buttimer

Question:

176. Deputy Jerry Buttimer asked the Minister for Children and Youth Affairs the amount of funding that has been provided to Cork City Council in respect of the national play day, since 2011; the number of applications received from the council for such funding; the number of applications granted; if any applications were refused, the reason for the refusals; and if he will make a statement on the matter. [29308/15]

Jerry Buttimer

Question:

177. Deputy Jerry Buttimer asked the Minister for Children and Youth Affairs the amount of funding that has been provided to Cork County Council in respect to national play day, since 2011; the number of applications received from the council for such funding; the number of applications granted; if any applications were refused, the reason for the refusals; and if he will make a statement on the matter. [29309/15]

Written answers

Minister for Children and Youth Affairs

I propose to take Questions Nos. 176 and 177 together.

Funding for National Play Day was introduced to highlight the importance of play in children’s lives and to promote the benefits of structured and unstructured play in the social and physical development of children. The theme and the date of National Play Day is decided each year in conjunction with the Local Authority Play and Recreation Network. This group was established in 2012 to bring a more coordinated approach to implementing the objectives of national play and recreation policies.

The following table shows the level of funding awarded to Cork County and Cork City Local Authority each year since 2011. Cork Local Authorities have been granted funding to support National Play Day in each year in which they have applied.

Year	Cork County	Cork City
2011	*	€500
2012	*	€750
2013	*	€680
2014	€650	€650
2015	€650	€650

*No application for funding made

Departmental Strategies

Questions (178)

Jerry Buttimer

Question:

178. Deputy Jerry Buttimer asked the Minister for Children and Youth Affairs his views on the implementation of the national decision-making strategy; the measures that will be taken in assisting secondary school students in making decisions regarding their future careers; and if he will make a statement on the matter. [29310/15]

Written answers

Minister for Children and Youth Affairs

The Deputy refers to first National Strategy for the Participation of Children and Young People in Decision Making (2015-2020), which I launched on 17th June 2015. This National Strategy builds on the achievements and challenges of the National Children’s Strategy in further embedding effective, meaningful and systematic participation by children and young people in decision-making on issues that affect them in all aspects of their lives.

The National Strategy for the Participation of Children and Young People in Decision Making includes an Action Plan containing agreed actions for key Government departments and agencies, including the Department of Education and Science. The DCYA will oversee and drive implementation of these actions under the structures established to implement Better Outcomes, Brighter Futures: The National Policy Framework for Children and Young People, 2014-2020, published in April 2014. Better Outcomes, Brighter Futures sets out the Government’s agenda and priorities in relation to children and young people under the age of 25 and provides the overarching framework for the development and implementation of policy and services.

The National Strategy for the Participation of Children and Young People in Decision Making strongly promotes the importance of children and young people’s involvement in decision-making in education policy, in the running of schools and services, in school inspections, and school self-evaluation, in the curriculum, in behaviour and bullying policies, in support services and other areas, as outlined in the Action Plan. In addition, the strategy notes the need for improvement in the effectiveness of student councils in second-level schools, in accordance with the Education Act 1998 and the establishment of student councils in primary schools.

The strategy also outlines actions to ensure that children and young people participate in decision-making in non-formal education systems, such as youth clubs and services.

My Department will have a key role in supporting the implementation of the National Strategy for the Participation of Children and Young People in Decision Making (2015-2020). The establishment of a Children and Young People’s Participation Hub as a national centre of excellence is the key priority action for the DCYA in the Action Plan accompanying the strategy. The Hub will provide information, guidance and practical support to Government departments and agencies in delivering commitments outlined in the Action Plan. It will also become a key driver in supporting the implementation of this strategy and Better Outcomes, Brighter Futures. To achieve this, the hub will champion and promote participation, create resources and training materials, conduct training, document and disseminate learning and establish an online children’s participation database. It will also form partnerships with third-level and adult education institutions to oversee development of education on children’s rights (including participation in decision-making) for professionals who work with and on behalf of children and young people. Work has already begun on the development of the Hub.

Legislative Process

Questions (179)

Ciara Conway

Question:

179. Deputy Ciara Conway asked the Minister for Children and Youth Affairs when the section of the Child and Family Relationships Bill 2015 dealing with adoption by step parents will be enacted; and if he will make a statement on the matter. [29373/15]

Written answers

Minister for Children and Youth Affairs

The Children and Family Relationships Act 2015 was enacted in March of this year. It includes amendments to the Adoption Act 2010, to enable civil partners and cohabiting couples who have lived together for 3 years to be eligible to apply to adopt a child jointly. There are no provisions specifically for step parent adoption in the Children and Family Relationships Act 2015. Work is ongoing in the Department in this regard.