Written Answers Nos. 362-378
362. Deputy Brendan Smith asked the Minister for Justice and Equality the progress made in relation to a full investigation into the bombing in Belturbet in County Cavan in December 1972, which resulted in the death of two young persons; and if she will make a statement on the matter. [29624/15]
View answerThe Deputy will share my view that the bombing at Belturbet on 28 December 1972 which took two innocent young lives was a tragic and unjustifiable act of brutality. There are no words to describe the suffering and grief that the families have endured.
The bombing and two murders in Belturbet were the subject of a thorough investigation at the time by An Garda Síochána, with expert assistance provided to the investigation by the Army. The investigation also involved close liaison with the authorities in Northern Ireland in an effort to bring the perpetrators to justice. Although every avenue of inquiry which was open to the investigation was pursued at that time there was no evidence to bring those responsible to justice. It remains a source of disappointment that no one has yet been brought to justice for these murders.
I am informed by the Garda authorities that the investigation into these murders remains open and should any new or additional evidence emerge from any source, it will be pursued fully by An Garda Síochána.
The Deputy will also be aware that dealing with the legacy of the troubles on this island is difficult and complex challenge. The Stormont House Agreement provides for a number of initiatives that will establish an overarching framework to deal with the past. The Government is fully committed to playing its part in implementing those measures and I hope they may provide an opportunity for the families of persons killed during the troubles to access further information.
363. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality with regard to section 19(c) of the Criminal Justice (Public Order) Act 1994, as inserted by the Housing (Miscellaneous Provisions) Act 2002, the number of penalties that have been imposed in each year since 2010 relating to unauthorised developments on the Curragh Plains in County Kildare; and if she will make a statement on the matter. [29697/15]
View answerAs the Deputy will be aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics.
In relation to the matters referred to, I have requested the CSO to provide the available statistics directly to the Deputy
364. Deputy Michael McGrath asked the Minister for Justice and Equality the number of suspected cases of illegal moneylending that have been investigated by An Garda Síochána in the past three years; the outcome of these investigations; and if she will make a statement on the matter. [29757/15]
View answerI wish to advise the Deputy that it has not been possible to provide the information sought in the time available for reply. However, I have requested the Garda authorities to provide the requested information and I will be in further contact with the Deputy upon receipt.
365. Deputy Michael McGrath asked the Minister for Justice and Equality the expected number of new Garda Síochána recruits to commence training in 2015; the additional cost in 2015 of increasing this number by 100, 200 and 500; and if she will make a statement on the matter. [29772/15]
View answerAs 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.
I have been informed by the Garda authorities that the initial annual cost of recruiting, training and employing 100, 200 and 500 extra Gardaí per annum is as set out in the following table.
Initial cost of extra Garda Recruits
|
Cost |
Cost |
Cost |
|
|
100 |
200 |
500 |
|
|
Salary and Allowances |
€1.89m |
€3.77m |
€9.43m |
It is my intention that there be ongoing recruitment subject to sanction by the Minister for Public Expenditure and Reform.
366. Deputy Martin Heydon asked the Minister for Justice and Equality the amount of investment from capital spending her Department has made in County Kildare since 2011; and if she will make a statement on the matter. [29910/15]
View answerI wish to advise the Deputy that there has not been any capital investment by my Department in Co. Kildare since 2011. Additionally, we have asked our agencies for information on any capital investment that they may have made in the area over the period and will convey the responses directly to the Deputy when they become available.
367. Deputy Niall Collins asked the Minister for Justice and Equality the total prison population; the number of prisoners, in tabular form, by prison; the capacity of each prison; the percentage occupation of each prison; and if she will make a statement on the matter. [29918/15]
View answerI am advised by the Irish Prison Service that the information requested by the Deputy is published daily on the Irish Prison Service Website (www.irishprisons.ie).
368. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide, in tabular form, the number of prisoners currently on temporary release, by prison; the type of offence the prisoners were convicted of; and if she will make a statement on the matter. [29919/15]
View answerAs the Deputy is aware the Irish Prison Service collates and publishes the prisoner population breakdown, including those on temporary release, on a daily basis and this information is available on the Irish Prison Service website (www.irishprisons.ie).
I wish to refer to the Deputy's question of 16th June 2015 in relation to this matter and as requested, the information is now set out in the following table.
On 15th July 2015, there were 523 prisoners (12%) on temporary release across the prison system. This included 187 prisoners who were serving less than 3 months solely for the non-payment of a Court ordered fine and 165 prisoners who were on structured temporary release programmes such as the Community Return Programme or Community Support Scheme. The legislative basis for making decisions on temporary release are fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.
A prisoner may apply through the prison Governor for consideration for temporary release. Their family or their legal representative can also apply for consideration of such a concession. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation made by the prison authorities and/or therapeutic services is to that effect. Each application is considered on its individual merits and a number of factors are taken into account when making a decision on whether to grant temporary release.
The Deputy will be aware that the Irish Prison Service Three Year Strategic Plan 2012-2015 and the Joint Prison Service/Probation Service Strategic Plan 2015-2017 includes working towards the objective of ensuring that all prisoners released early from custody are placed on appropriate structured programme of temporary release.
The Community Return Scheme is an initiative whereby carefully selected prisoners, serving sentences between 1 year and 8 years, can be granted reviewable temporary release coupled with a requirement to do community service work such as painting, gardening or graffiti removal in a supervised group setting. The type of work involved is intended to assist the community and the scheme is involved with a large number of charitable organisations and local community groups.
In addition to Community Return, a Community Support Scheme has also been introduced to reduce recidivism rates of short term prisoners by arranging for additional support structures post release and by providing for a more structured form of temporary release.
Table 1. Breakdown by Offence Group
|
Offence Group Description |
Total |
|
Homicide Offences |
4 |
|
Controlled Drug Offences |
127 |
|
Weapons and Explosives Offences |
7 |
|
Damage to Property and the Environment |
10 |
|
Public Order and Social Code Offences |
27 |
|
Road and Traffic Offences |
84 |
|
Offences re Government, Justice and Organised Crime |
29 |
|
Offences Not Elsewhere Classified |
28 |
|
Attempts/Threat to Murder |
51 |
|
Dangerous Negligent Acts |
34 |
|
Kidnapping and Related Offences |
4 |
|
Robbery, Extortion and Hijacking Offences |
12 |
|
Burglary and Related Offences |
21 |
|
Theft and Related Offences |
67 |
|
Fraud, Deception and Related Offences |
18 |
|
Grand Total |
523 |
369. Deputy Niall Collins asked the Minister for Justice and Equality the way she intends to reform penal policy; if she is satisfied with the operation of the community return scheme; and if she will make a statement on the matter. [29920/15]
View answerThe Penal Policy Review Group was established in 2012, in line with the recommendations of the Thornton Hall Project Review Group, to conduct a wide ranging strategic review of penal policy taking into account relevant work already carried out in this jurisdiction and elsewhere, the rights of those convicted of crimes, the perspective of those who are victims of crime, and the interests of society in general.
The terms of reference for the Group included an examination and analysis of the role of penal policy in crime prevention; sentencing policies; alternatives to custody; custodial accommodation and regimes; reintegration and rehabilitation; and any special issues relating to female offenders.
In November 2014, I submitted the Report of the Penal Policy Review Group to the Government. As an initial step, the Government agreed, in principle, to proceed immediately with the implementation of the following key recommendations:
- bringing forward legislative proposals to establish the Parole Board on an independent statutory basis;
- preparing proposals and options for Government on reform of sentencing policy including a review of the threshold at which presumptive minimum sentences in drugs and other offences apply;
- preparing proposals for Government on legislating for the review's recommendation that Courts set out in writing their reasons for imposing a custodial sentence;
- preparing proposals on the potential for increased use of earned remission; and
- pursuing options for an open prison for female offenders.
Work is underway to progress the implementation of these decisions. To this end I have established a Penal Policy Implementation Oversight Group. The Group is chaired by Dr. Mary Rogan, Head of Law at Dublin Institute of Technology who was a member of the review group. The first meeting of the Group was held on 15 May 2015 and the intention is for the first Implementation Report to be submitted to me in November.
The Community Return Programme formed part of the examination by the Penal Policy Review Group, who recommended the continued use and expansion of the programme. Work to achieve the expansion of the Community Return Programme is underway. The number of participants on the programme was increased to 450 in 2014 and the target for 2015 has also been increased.
Last year I was also pleased to be presented with the evaluation report of the Community Return programme, published jointly by the Irish Prison Service and the Probation Service, entitled "Community Return: A Unique Opportunity - A descriptive evaluation of the first twenty six months (2011-2013) ". This evaluation highlighted the positive impact of Community Return and also recommended its expansion.
370. Deputy Niall Collins asked the Minister for Justice and Equality the total population currently residing in direct provision centres; the number of persons, in tabular form, by centre; the capacity; and the percentage occupation of each centre; and if she will make a statement on the matter. [29921/15]
View answerThe Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. Currently, there are over 4,566 residents in 34 centres across the State under contract to RIA.
The information sought by the Deputy is normally published on the monthly statistical reports published by RIA on its website - www.ria.gov.ie. There is a temporary backlog of earlier 2015 monthly reports to be published on the website and the full June report will be published later this year. In the meantime, the statistics sought by the Deputy have been complied for the 28 June, 2015. The table involved is too complex for inclusion in this answer and is being sent to the Deputy under separate cover.
I will take this opportunity to inform the Deputy that RIA will shortly be publishing on its website its 2014 Annual Report. This will provide a variety of additional information, including a breakdown of the adults and children in each direct provision centre and the length of time persons, overall, have been residing in the direct provision system.
371. Deputy Niall Collins asked the Minister for Justice and Equality the number of outstanding warrants nationwide on the Police Using Leading Systems Effectively, PULSE, system; if she is concerned at the number of outstanding warrants; and if she will make a statement on the matter. [29922/15]
View answerI am informed by the Garda authorities that there were 115,772 warrants outstanding at 30 June 2015. The Deputy will appreciate that at any one time there will inevitably be a number of warrants awaiting execution. I might mention that in May 2008 there were approximately 117,000 warrants outstanding ; in January 2014 122,000.
As the Deputy is aware, difficulties in relation to the execution of warrants have been a matter of concern for many years, with similar or higher numbers outstanding in the past. It is also true to say that this is a long standing difficulty for many police forces around the world.
While genuine difficulties can arise where it does not prove possible to enforce a warrant, I regard it as a priority that systems are in place to ensure that warrants are enforced as quickly as possible. In this regard, I am advised that An Garda Síochána gives priority to the execution of warrants in respect of serious crime and will continue to do so.
The Deputy will be aware that a very welcome analysis of this issue was provided by the Garda Síochána Inspectorate in their report on Crime Investigation of November 2014. The recommendations in the Inspectorate report are a very important element in the overall strategic transformation programme which is underway in An Garda Síochána. In relation to the recommendations on Warrants, I am informed that a Warrants Review Group has been working on means of better managing and enforcing warrants in the context of the Inspectorate’s analysis and I am advised that the impact of this process will be the subject of regular updates.
A relevant issue which was highlighted in the Garda Inspectorate report is the number of warrants generated as a result of non-payment of fines in circumstances where previously imprisonment was the only option available to the Court in cases of non-payment. These warrants make up a significant proportion of the total figure referred to above. Under the Fines (Payment and Recovery) Act 2014, which will come into effect later this year, alternatives to imprisonment are now provided for, and the aim is to significantly reduce the number of persons committed for non-payment. In addition to reducing the number of persons imprisoned for non-payment, this important legislation should also reduce the number of warrants the Gardaí are called upon to enforce.
The Garda Inspectorate Report acknowledges the difficulties often faced by Gardaí in pursuing the execution of warrants but it also points to significant deficiencies in the current systems, some of which are tied to the available technology for recording and monitoring information on warrants. In this regard, I have been working closely with Minister Howlin to support the development of Garda systems to meet the realities and expectations of 21st Century policing and I hope to be in a position to make significant announcements shortly in relation to Garda ICT systems.
372. Deputy Niall Collins asked the Minister for Justice and Equality her plans to introduce new anti-corruption legislation; and if she will make a statement on the matter. [29923/15]
View answerDrafting of the Criminal Justice (Corruption) Bill is at a very advanced stage. It is expected that the Bill will be submitted for Government approval and publication early in the autumn session.
373. Deputy Niall Collins asked the Minister for Justice and Equality her plans to introduce legislation to allow for class action cases to be taken in the courts; and if she will make a statement on the matter. [29924/15]
View answerAs recently set out in my Written Reply to Question No. 479 of 16th June, the issue of multi-party or of "class action" litigation was the subject of a Report and recommendations made by the Law Reform Commission in 2005 (LRC 76-2005). The Report was not carried forward by the Government of the day which took a cautious approach. The implementation of the Report at this remove, and the introduction of any legislation to enable the type of collective legal action envisaged would, therefore, remain matters for the Government and the Oireachtas who would have to be convinced of its merits and impacts in the public interest - including in terms of the sustainability of a collective action regime and its potential costs to the parties concerned and to the Exchequer. These are also issues which would require the inputs of several Government Departments impacting as they do on areas of law such as those of consumer protection, competition, the environment and the provision of financial and other services.
Consideration would also have to be given to the relevant intervening developments that have taken place at the national, European Union and wider international levels. While not part of the current Legislation Programme, this is a complex area of legislative reform that will require renewed and thorough consideration and, on that basis, I am happy to keep it in mind for possible inclusion in any future legislative programme that may be considered by the Government.
374. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide, in tabular form, the number of successful applications for personal insolvency arrangements, debt settlement arrangements and debt relief notices, per year, since the coming into force of the Personal Insolvency Act 2012; the number of applications refused for same; and if she will make a statement on the matter. [29925/15]
View answerAs the Deputy is aware, the Insolvency Service of Ireland (ISI) began accepting cases in September 2013. The ISI releases its statistics on a quarterly basis and the most up to date figures reflecting Quarter 2 of 2015 (up to 30 June 2015) were published on 15 July 2015 on its website www.isi.gov.ie.
I am advised by the ISI that in the case of Debt Relief Notices (DRNs), 100% of applications made were successful. There is no creditors meeting in these circumstances and no DRNs were rejected by the ISI or the Courts. As regards Debt Settlement Arrangements (DSAs), 86% were successful and 73% of Personal Insolvency Arrangements (PIAs) were successful.
Details of the number of successful and unsuccessful applications since September 2013 are set out in the following tables.
Successful Applications 2015 (up to 30 June)
|
DRN |
DSA |
PIA |
Total |
|
218 |
118 |
279 |
615 |
Unsuccessful Applications 2015 (up to 30 June)
|
DRN |
DSA |
PIA |
Total |
|
0 |
20 |
105 |
125 |
Successful Applications 2014
|
DRN |
DSA |
PIA |
Total |
|
251 |
97 |
199 |
547 |
Unsuccessful Applications 2014
|
DRN |
DSA |
PIA |
Total |
|
0 |
18 |
81 |
99 |
Successful Applications 2013 (September to December)
|
DRN |
DSA |
PIA |
Total |
|
0 |
1 |
0 |
1 |
Unsuccessful Applications 2013 (September to December)
|
DRN |
DSA |
PIA |
Total |
|
0 |
0 |
0 |
0 |
375. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to increase the number of gardaí on the beat in all areas; and if she will make a statement on the matter. [29931/15]
View answerAs 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.
The number of civilians in An Garda Síochána has increased in recent years from 1,688 at the end of 2007 to approximately 2,030 (whole time equivalents) as of the 30 May 2015. Civilians are employed in a wide range of management, administrative, technical and operational duties including, Chief Administration Officer, Executive Director of Finance, Executive Director of Human Resources and Personnel Development, Crime Analysts, Head of Legal Affairs, clerical officers, photographers. It is intended to continue to maximise the number of civilian support staff in An Garda Síochána so that highly trained Gardaí can be released from administrative tasks to frontline operational policing.
376. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No.122 of 11 June 2015, whether in the context of the examination of the case by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, she remains satisfied that due regard was given to due process and humanitarian issues when it was decided to return the applicant to the United Kingdom, given the person's expressed concern that the person would be deported from there to the person's homeland, and that the presumption to the contrary by the Refugee Appeals Tribunal is not well-founded, and is speculative; if she will have the case reviewed; and if she will make a statement on the matter. [29940/15]
View answerThe person concerned lodged an application for asylum at the Office of the Refugee Applications Commissioner on 19th November 2014. Following investigation by that office, it was established that the person concerned had been in possession of a valid visa issued by the United Kingdom authorities at the time of his asylum application in this state.
Arising from their previous visa history in the United Kingdom, and in accordance with the provisions of the Dublin III Regulations, a determination was made that the person concerned should be transferred to the United Kingdom for the purposes of having their asylum application examined there.
This determination placed a legal obligation on the person concerned to 'present' at the Offices of the Garda National Immigration Bureau (GNIB), on 7 July 2015, to make arrangements for their formal transfer to the United Kingdom. The person concerned failed to present and is classified as evading their transfer. Should they come to the notice of the Gardaí, they would be liable to arrest and detention. They should, therefore, present the GNIB without any further delay.
Queries in relation to the status of individual immigration cases may be made directly to the Irish Naturalisation and Immigration Service (INIS) by Email 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.
377. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will meet with a person (details supplied) who has previously been in contact with her Department. [29941/15]
View answerAs the Deputy may be aware, the person referred to has been in correspondence with my Department over a number of years. Most recently, his complaint was referred to 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 matter has been considered by a member of a panel consisting of two Senior and five Junior Counsel which was established for the purpose. The counsel appointed to the panel were all selected on the basis of their experience of the criminal justice system. The review of each complaint consisted of an examination of the papers in the complaint by a counsel from the panel. Following the review of each complaint a recommendation is made as to whether any further action is desirable and could practicably be taken.
I have received and accepted the independent recommendation of Counsel in the case of the person referred to by the Deputy. I have written to the person communicating this outcome to them together with the reasons for same. In these circumstances, I do not believe that a meeting would be of assistance.
378. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to review the opening hours of Howth Garda station in County Dublin; and if she will make a statement on the matter. [29947/15]
View answerDecisions in relation to Garda station opening hours are a matter for the Garda Commissioner and I as Minister have no direct role in the matter. However, I am advised by the Garda authorities that Howth Garda Station is open, subject to available manpower, from 7 a.m. to 9 p.m. seven days a week. Outside of these hours, there is a public access call box (P.A.C.B.) with calls diverted to Raheny Garda Station which is open on a twenty-four hour basis.
An increase in the opening hours of any Garda Station would necessitate the deployment of additional Garda personnel on indoor administrative duties who may be more effectively employed on outdoor policing duties. It is the view of local Garda management that in this context Howth Garda Station does not currently require to be operated on a twenty four hour basis.
