Written Answers Nos. 120-131
120. Deputy Clare Daly asked the Minister for Justice and Equality if it is the policy of the Data Protection Commissioner to inform complainants, when issuing draft reports of determinations to them, that the determination is indeed a draft and that the complainant may make further submissions in regard to their complaint prior to a final determination being issued. [33679/15]
View answerUnder the Data Protection Acts 1988 and 2003, the Data Protection Commissioner is independent in the performance of her duties, including the conduct of investigations in response to complaints received by her Office. Such investigations, and any related enforcement actions, are subject to relevant statutory provisions and due process requirements.
121. Deputy Róisín Shortall asked the Minister for Justice and Equality the Government's plans in respect of the ratification of the United Nations Convention on the Rights of People with Disabilities; and if she will make a statement on the matter. [33757/15]
View answerI refer the Deputy to previous answers on this issue on 7 July, 19 May, 23 April and 16 April 2015. The Government has given a firm commitment to ratify the Convention on the Rights of Persons with Disabilities and intends to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. As the Deputy is aware, Ireland has a dualist legal system and therefore does not become party to treaties until it is first in a position to comply with the obligations imposed by them, including the amendment of domestic law as necessary. We are determined to take the steps necessary to meet all the Convention's requirements in a constructive, proactive and appropriate manner. I should stress that for Ireland, ratification is the end of the preparation and implementation phase, not the beginning.
A team within my Department has been charged with examining all outstanding obstacles to ratification, and has nearly completed the first phase of its work, which includes identifying all areas which will need attention to make ratification possible. My Department chairs the Interdepartmental Committee, which comprises representatives of the Departments of Foreign Affairs and Trade; Children and Youth Affairs; Finance; Education and Skills; Health; Defence; Environment, Community and Local Government; Public Expenditure and Reform; Communications, Energy and Natural Resources; Transport, Tourism and Sport; Arts, Heritage and the Gaeltacht; Social Protection; and the Office of Public Works.
Significant progress towards ratification continues to be made and much has been accomplished. The requirement to enact suitable capacity legislation has long been one of the core obstacles to ratification of the Convention and the progress made in this area is a testament to the Government’s commitment to meeting the obligations of the CRPD in a comprehensive and meaningful way. The Assisted Decision-Making (Capacity) Bill 2013 passed Dáil Committee Stage on 17 June 2015 and enactment is expected by the end of the year.
Progress is also being made on necessary reforms to legislation on sexual offences, and by my colleagues, the Minister for Health and the Minister of State for Primary and Social Care, on reforms to mental health legislation. Another key task which is underway involves examining how the important issue of Reasonable Accommodation can be achieved within our Constitutional framework as interpreted by the Supreme Court. Further measures required to enable ratification include amending unsuitable and outmoded language and in some cases, archaic legal provisions, in existing legislation.
The Interdepartmental Committee has agreed on the main areas across Departments where legislative amendment or new legislation will be necessary to meet the requirements of the Convention. These proposals will be contained in a Roadmap to Ratification, which will be submitted to Government shortly. Once approved by Government, we will publish the Roadmap outlining the measures to be taken to overcome all outstanding barriers to ratification of UN CRPD, along with the estimated timescales involved.
122. Deputy Clare Daly asked the Minister for Justice and Equality the criteria under which persons are granted enhanced remission; the number of persons who have applied for enhanced remission in 2015; the number granted; and if she will make a statement on the matter. [33686/15]
View answer123. Deputy Clare Daly asked the Minister for Justice and Equality the number of persons who have applied for enhanced remission in each of the years 2007 to 2014; the number granted in these years; and if she will make a statement on the matter. [33687/15]
View answerI propose to take Questions Nos. 122 and 123 together.
As the Deputy is aware the principles governing the awarding of enhanced remission are contained under Rule 59 of the Prison Rules 2007 to 2014 (S.I. No. 252 of 2007 and S.I. No. 385 of 2014). In summary, prisoners sentenced to a term of imprisonment qualify for one quarter remission on the basis of good behaviour. In addition, prisoners who have engaged in authorised structured activity may apply to receive enhanced remission of greater than one quarter but not exceeding one third of their sentence. In order for a prisoner to be granted enhanced remission, I as Minister must be satisfied that the prisoner, having regard to the matters listed below, is less likely to re-offend and is better able to re-integrate into the community. For all applications, the following factors are considered:
- the manner and extent to which the prisoner has engaged constructively in authorised structured activity
- the manner and extent to which the prisoner has taken steps to address his or offending behaviour
- the nature and gravity of the offence to which the sentence of imprisonment being served by the prisoner relates
- the sentence of imprisonment concerned and any recommendations of the court that imposed that sentence in relation thereto
- the period of the sentence served by the prisoner
- the potential threat to the safety and security of members of the public (including the victim of the offence to which the sentence of imprisonment being served by the prisoner relates) should the prisoner be released from prison
- any offence of which the prisoner was convicted before being convicted of the offence to which the sentence of imprisonment being served by him or relates
- the conduct of the prisoner while in custody or during a period of temporary release
- any report of, or recommendation made by the Governor of the prison, an Garda Síochána, any probation officer or any other person whom I consider would be of assistance in enabling me to make a decision on an application.
The statistics for those who applied for and were granted enhanced remission are not readily available and I will respond to the Deputy as soon as possible with the information requested.
124. Deputy Olivia Mitchell asked the Minister for Justice and Equality her plans to introduce legislation to enable the ratification of the Council of Europe convention on preventing and combating violence against women and domestic violence; and if she will make a statement on the matter. [33694/15]
View answerIt is my intention is to seek Government approval for Ireland to sign the Istanbul Convention in the coming weeks.
The Deputy will be aware that the Convention has a very broad scope across a number of policy areas with potential policy and legislative implications. The provisions of the Convention and the legislative and administrative arrangements that would enable Ireland to ratify the Convention have been identified following consultations with Government Departments and agencies. I intend to include those actions in the new National Strategy on Domestic, Sexual and Gender-based Violence. I expect to publish the Strategy, which will cover a multi-year period from 2015, in the coming months.
Current Irish legislation already implements many articles contained in the Convention. The EU Victims Directive which sets out minimum standards across the European Union on the rights, support and protection of victims of crime will also implement articles contained in the Convention. Legislation to give effect to the EU Directive is currently being drafted.
A general scheme of a Domestic Violence Bill was published by my Department on 24th July, 2015. This legislation will enhance the legislative measures available within the civil law system to support and protect victims. The Bill, when enacted, will also introduce reforms required to enable Ireland to ratify the Istanbul Convention.
In addition, other legislative reform will implement elements of the Istanbul Convention. These include the recently published Sexual Offences Bill, the Court of Appeal Act, 2015 and the Children and Family Relationships Act, 2015.
125. Deputy Bernard J. Durkan asked the Minister for Justice and Equality what assistance can be given to a person (details supplied) who is currently living in Syria with his family, who has tried to apply for a visa to Ireland, and who is being persecuted for his Christian beliefs; and if she will make a statement on the matter. [33701/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) in my Department that no record of a visa application can be found based on the details supplied by the Deputy. If the Deputy is willing to provide further details, INIS will advise him of the position.
It is, more generally, open to the applicant concerned to apply at any time for a visa to travel to Ireland for any purpose, the onus resting with the applicant to satisfy the visa officer as to why the visa should be granted. All information that the applicant wishes to have taken into consideration should be included with his application. Any such application will be considered taking all the circumstances of the applicant into account. However, the Deputy will be aware that our visa system is not intended to be a protection system.
Guidelines on the visa application process including details of the required supporting documentation can be found at www.inis.gov.ie
If the applicant is resident in Syria, he needs to submit his application to the Syrian Honorary Consul in Damascus and it will be referred to the Irish Visa Office in Abu Dhabi. If he is unable to submit it there, he can submit it to one of the other Irish Embassies or Consulates in the surrounding area or directly to the Irish Visa Office in Abu Dhabi. Further information can be found on the website of the Irish Embassy in Abu Dhabi at www.embassyofireland.ae.
Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for his 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 INIS is, in the Deputy's view, inadequate or too long awaited.
126. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will facilitate upgrade of a Stamp 2 to a Stamp 4 for a person (details supplied) in Dublin 22; and if she will make a statement on the matter. [33702/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been granted permission to remain in the State, on immigration Stamp 3 conditions, for the period to 1st October, 2015.
The decision to grant such status was arrived at following the detailed consideration of the case of the person concerned, as well as the cases of all family members involved, under Section 3 of the Immigration Act 1999 (as amended). This decision would have had regard for all information and documentation on file at the time the decision was made.
It will be open to the person concerned to apply for the renewal of that permission in advance of its expiry date. However, I am advised that the INIS would be prepared to review the case of the person concerned in circumstances where they presented documentary evidence to show that they had a concrete offer of paid employment available to them. The Deputy will appreciate that any such offer of paid employment must be on the prospective employer's headed paper; it must describe the specific position being offered; it must set out the proposed salary or salary scale; it must provide an indication that any such position is available immediately, is whole-time and is not subject to seasonal factors. Upon receipt of documentary evidence of the nature described, the INIS will undertake a review of the case of the person concerned.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
127. Deputy Clare Daly asked the Minister for Justice and Equality if the practice of recording calls between prisoners and their solicitors, which the Irish Prison Service first informed the Minister of in April 2014, has ceased, or if it continues to happen. [33721/15]
View answerI wish to inform the Deputy that it was never the practice of the Irish Prison Service to deliberately record calls between prisoners and their solicitors.
The inadvertent recording of a small number of phone calls between prisoners and their solicitors which came to light in April 2014 was the result of solicitors contacts being placed on phone lines outside of the designated solicitor line which enjoys confidential privileges.
All necessary steps have been taken to avoid a repeat of this situation reoccurring. This includes facilitating prisoners in listing more than one solicitor on the phone system. In addition where the relationship to the prisoner is stated as solicitor that contact number cannot be entered onto a phone line where recordings take place.
In the event of a prisoner placing a contact for their legal representative on a non designated solicitor line a voice message will prompt both the persons making and receiving the call that it is being recorded. This is applicable for all of the prisoner contacts listed outside the designated solicitor lines. The onus is on the prisoner when submitting their phone panel to clearly state the relationship status the contact has to them.
128. Deputy Clare Daly asked the Minister for Justice and Equality how much the Irish Prison Service has paid to date in 2015 for maintenance and support, and software assurance for, the NICE recording system, given that a 24-month contract for such maintenance and support was put out to tender by the service in March 2014. [33722/15]
View answerI am advised by the Irish Prison Service that there has been a spend of €58,906 including VAT to date, for maintenance, support and software assurance of the system. The tender commenced in November 2014. The tender cost includes an upgrade to the Phone system.
129. Deputy Ciarán Lynch asked the Minister for Justice and Equality her views regarding the excise licence required to retail alcohol remotely into the country; the controls in place to ensure the accountability of remote retailers for their products; and if she will make a statement on the matter. [33735/15]
View answerThe position is that the Licensing Acts 1833 to 2011 do not address alcohol sales into the State from another jurisdiction. My Department has been informed by the Revenue Commissioners that alcohol products on which tax has been paid in another jurisdiction are subject to excise duty in Ireland when sold to a private individual here. The supplier of the product is liable for payment of the excise duty and is required to appoint a person to act as his or her representative in the State for that purpose. The supply of alcohol products on which the excise duty has not been paid is illegal under excise law. Such products are liable to seizure and any person concerned may be prosecuted for the offence of evading or attempting to evade payment of excise duty.
130. Deputy Róisín Shortall asked the Minister for Justice and Equality if she will support and facilitate the Dublin Rape Crisis Centre in conducting a second sexual abuse and violence in Ireland study. [33759/15]
View answerMy Department has received a formal proposal from the Dublin Rape Crisis Centre for a second Sexual Assault and Violence in Ireland (SAVI) research project. I subsequently met with the Dublin Rape Crisis Centre (DRCC) to discuss these proposals. The proposal recognises that, given the significant budget of approximately €1m required, funding would be divided between four Departments, namely the Department of Justice and Equality and the Departments of Children and Youth Affairs, Education and Skills and Health.
I wrote to the relevant Ministers on this matter. Upon receipt of all responses, options will be considered.
131. Deputy Brendan Griffin asked the Minister for Justice and Equality if a facility (details supplied) in County Kerry will be considered for State accommodation provision; and if she will make a statement on the matter. [33766/15]
View answerThe Reception and Integration Agency recently concluded a call for expressions of interest from persons interested in providing accommodation and ancillary services for persons seeking asylum in the State.
The responses are being assessed at the moment taking into account a number of matters including the ongoing demands for these services, the specific location of the facilities on offer, the type of accommodation and the range of services available locally. It would not be appropriate to make any comment on any particular offer at this time.
