Tuesday, 3 Nov 2015

Written Answers Nos. 564-580

Courts Service

Questions (564)

Mattie McGrath

Question:

564. Deputy Mattie McGrath asked the Minister for Justice and Equality her views on matters raised in correspondence (details supplied); and if she will make a statement on the matter. [37711/15]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, judges are independent in matters concerning the exercise of judicial functions, subject only to the Constitution and the law. The conduct of and decision reached in any court case is a matter entirely for the presiding judge. If a person believes that their interests would be affected if a particular judge were to hear and determine the matter in question, then an application to recuse a judge must be made to the judge concerned by or on behalf of that person. The decision on recusal is a matter for the judge concerned and, if the applicant is not satisfied with the decision the judge makes, it is possible to appeal any decision of that judge to the appropriate appeal court.

The Deputy will be aware that the Programme for Government undertakes to “legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges". This commitment is being pursued by way of the proposed Judicial Council Bill which will provide for the establishment of a Judicial Council and Board of that Council to promote excellence and high standards of conduct by judges. In addition, the proposed Bill will provide for the establishment of a Judicial Conduct Committee, the membership of which will include lay persons, to facilitate the investigation of allegations of judicial misconduct.

The Government Legislative Programme which was published on 22 September includes the Judicial Council Bill amongst those Bills which are expected to be published in the period from the commencement of the current Dáil session to the start of the next session. My Department is working closely with the Office of the Attorney General to bring the Bill to a timely conclusion and I remain committed to advancing this legislation within a speedy timeframe.

Legislative Measures

Questions (565)

Billy Kelleher

Question:

565. Deputy Billy Kelleher asked the Minister for Justice and Equality when section 9 of the Intoxicating Liquor Act 2008, which provides for the structural segregation of alcohol from other grocery products by means of a wall or similar barrier, will be commenced. [37735/15]

Written answers

Minister for Justice and Equality

The position is that the Minister for Health and I have recently reviewed, in the context of the forthcoming Public Health (Alcohol) Bill, matters relating to the structural separation of alcohol products from other products in mixed trading outlets such as supermarkets and convenience stores, including the putting in place of appropriate future enforcement mechanisms. We intend jointly to submit proposals in relation to these matters to Government in the context of finalisation of the contents of the forthcoming Public Health (Alcohol) Bill.

Firearms Licences

Questions (566)

Bobby Aylward

Question:

566. Deputy Bobby Aylward asked the Minister for Justice and Equality if she will consider appointing appropriate representatives from national shooting sports organisations such as the National Sports Coalition to the new firearms and appeals authority, which is due to be established, to ensure a reasonable and rational approach to shooting sports activities; and if she will make a statement on the matter. [37742/15]

Written answers

Minister for Justice and Equality

I recently announced fundamental long term reforms of firearms licensing including the establishment of a new Firearms Assessment and Appeals Authority. The primary function of the Authority will be to determine, on the basis of an objective assessment of all the issues, with safety of the public being paramount, whether particular forms of firearms may be licensed in the State, whether there should be any limit on the number of such firearms and what safety conditions might properly be applied to their licensing. The functions of the Authority will be subject to further consultation with key stakeholders in advance of the preparation of the necessary enabling legislation, which will be subject to pre-legislative scrutiny by the Joint Oireachtas Committee on Justice, Equality and Defence. I have also sought submissions on the proposed Authority from the Firearms Consultative Panel, which is made up of key stakeholders, including the Sports Coalition. Accordingly, it is premature at this stage to decide on the make up of the Authority before the consultation process.

Cabinet Committees

Questions (567)

Thomas Pringle

Question:

567. Deputy Thomas Pringle asked the Minister for Justice and Equality if she will provide an update on the progress on the working groups' recommendations; when she expects her Department to finalise a report on the recommendations for consideration by the cabinet committee on social policy and public service reform; and if she will make a statement on the matter. [37774/15]

Written answers

Minister for Justice and Equality

The Report of the Working Group on the Protection Process, which was published on 30 June 2015, contains 173 recommendations many of which have implications for a number of Government Departments and services. The Government recommended, when approving the publication of the Report, that it should in the first instance be the subject of a detailed discussion at the Cabinet Committee on Social Policy and Public Service Reform.

The Committee held its first discussion on the Report on 13 July, 2015. At this meeting the Committee agreed that my Department should prepare a report for the Cabinet Committee, in conjunction with relevant Departments, on the legal, financial and practical implications of the Report's recommendations. Relevant Departments were contacted seeking their views on the Report's recommendations, asking them to identify any impacts and issues that may arise and timescales for implementation. An analysis of the responses received has been carried out by my Department and a report in relation to the matter was submitted to the Cabinet Committee for consideration at its meeting on 2 November, 2015.

Garda Data

Questions (568)

Brendan Griffin

Question:

568. Deputy Brendan Griffin asked the Minister for Justice and Equality the number of gardaí who have been injured in incidents when their vehicles have been rammed in the past five years; and if she will make a statement on the matter. [37796/15]

Written answers

Minister for Justice and Equality

I have requested the specific information requested by the Deputy from the Garda Commissioner and on receipt of same I will write directly to him.

Garda Data

Questions (569)

Brendan Griffin

Question:

569. Deputy Brendan Griffin asked the Minister for Justice and Equality the number of working days that have been lost as a result of gardaí who have been injured in the past five years in incidents where Garda Síochána vehicles have been rammed; and if she will make a statement on the matter. [37797/15]

Written answers

Minister for Justice and Equality

I have requested the specific information requested by the Deputy from the Garda Commissioner and on receipt of same I will write directly to him.

Criminal Law

Questions (570)

Fergus O'Dowd

Question:

570. Deputy Fergus O'Dowd asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding the Criminal Law (Sexual Offences) Bill 2015; and if she will make a statement on the matter. [37799/15]

Written answers

Minister for Justice and Equality

I would like to thank Deputy O'Dowd for forwarding correspondence relating to the provisions in the Criminal Law (Sexual Offences) Bill 2015 regulating the disclosure of third party counselling records for the purpose of criminal proceedings involving sexual offences. I have previously received this submission and at my request an official recently met with representatives of the authors to discuss the matters raised.

The proposals for amendments contained in the correspondence are being further reviewed and any appropriate amendments will be accommodated during the passage of the Bill. I would expect that these will also be matters which can be further discussed when the Bill comes before the House.

Question No. 571 answered with Question No. 558.

Garda Station Closures

Questions (572)

Mick Wallace

Question:

572. Deputy Mick Wallace asked the Minister for Justice and Equality the number of Garda Siochána stations that were closed in County Wexford between 1990 and 2000; and if she will make a statement on the matter. [37833/15]

Written answers

Minister for Justice and Equality

I have asked the Garda authorities for the information requested and will revert to the Deputy as soon as I have this information to hand.

Garda Station Closures

Questions (573)

Mick Wallace

Question:

573. Deputy Mick Wallace asked the Minister for Justice and Equality her plans to re-open any of the 139 Garda stations closed in 2012 and in 2013; re-open any of the three Garda stations in County Wexford that were closed during these years; and if she will make a statement on the matter. [37834/15]

Written answers

Minister for Justice and Equality

The formulation of proposals in relation to the opening and closing of Garda stations is a matter, in the first instance, for the Garda Commissioner in the context of annual policing plans, as provided for in section 22 of the Garda Síochána Act 2005.

An Garda Síochána completed a comprehensive review of its district and station network in 2012 and 2013. The objective was to identify opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within the organisation.

The review concluded in relation to certain stations, many of which were only open part-time and manned by a single Garda, that resources could be better deployed and more effectively used on the front line if those stations no longer had to be staffed and maintained. In reaching these conclusions, Garda management reviewed all aspects of the Garda Síochána policing model, including the deployment of personnel, the utilisation of modern technologies and the overall operation of Garda stations.

The Garda District and Station Rationalisation Programme supports the provision of a modern 21st century policing service for both urban and rural areas and allows front line Gardaí to be managed and deployed with greater mobility, greater flexibility, and in a more focused fashion, particularly with regard to various targeted police operations. As a result of the Programme, communities have benefited from increased Garda visibility and increased patrolling hours which has enabled An Garda Síochána to deliver an improved policing service to the public.

The deployment of resources is kept under review at all times by the Garda Commissioner to ensure that Garda resources continue to be used in the most efficient and appropriate way possible to target criminal activity at the local and national level.

Garda Stations

Questions (574)

Billy Kelleher

Question:

574. Deputy Billy Kelleher asked the Minister for Justice and Equality in view of previous parliamentary questions that this Deputy tabled regarding information on the relocation of Glanmire Garda station in County Cork which was not provided due to legal action that was being taken, if she is in a position to provide information regarding this station; if a site has been located; if so, where; the amount that has been allocated for the new station; when the build will go to tender; the timeframe for works; when the station will be opened; and if she will make a statement on the matter. [37835/15]

Written answers

Minister for Justice and Equality

The Garda Station Building and Refurbishment Programme 2016-2021 which I announced recently with my colleague the Minister of State at the Office of Public Works is based on agreed priorities which are established by An Garda Síochána. The development of a new Garda station in Glanmire, Co Cork is included in the over thirty locations that will benefit over the life time of the Programme.

The OPW, on behalf of An Garda Síochána, placed public advertisements in May 2010 seeking suitable sites or buildings for sale or lease for a new station in Glanmire. Following receipt of offers of properties, joint inspections were carried out by An Garda Síochána and the OPW and a premises at Glanmire Industrial Estate was identified as the preferred option for the purposes of providing a Garda Station. The OPW further advises that the purchase of the identified premises has not been completed and the matter is now the subject of High Court proceedings initiated by the vendor, which are ongoing. In view of this the OPW has indicated that it is still not in a position to provide any further information at this point.

Garda Station Refurbishment

Questions (575)

Pádraig MacLochlainn

Question:

575. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her Department's plans to upgrade Castlepollard Garda station in County Westmeath, which is in a very poor state of disrepair; and the steps she will take to increase the number of Garda personnel serving in Castlepollard, where the complement in the station has been reduced from five to two units. [37853/15]

Written answers

Minister for Justice and Equality

The Garda Station Building and Refurbishment Programme 2016-2021 which I announced recently with my colleague the Minister of State at the Office of Public Works is based on agreed priorities which are established by An Garda Síochána. Over thirty locations around the country will benefit from the Programme which includes major refurbishment of stations/facilities including facilities for meeting victims of crime; essential remedial works to existing stations; development of large scale property and exhibit management stores and the upgrade of cells and provision of improved custody management facilities. The Programme will be delivered by the Garda Authorities in cooperation with the Office of Public Works (OPW) which has responsibility for capital expenditure in this area. In this context, I am advised by An Garda Síochána that there are currently no plans to refurbish Castlepollard Garda Station.

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 continual review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of resources.

I am informed by the Garda Commissioner that Castlepollard Garda station forms part of the Westmeath Garda Division which has 245 Gardaí of which 4 Gardaí are assigned to the station.

Garda Deployment

Questions (576)

Peadar Tóibín

Question:

576. Deputy Peadar Tóibín asked the Minister for Justice and Equality the number of hours per week that Castlepollard Garda station is without a rostered garda; her plans to permanently increase the staffing complement; and the distance to the nearest available staffed Garda station when this station has no staff present. [37895/15]

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 continual review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of resources.

I am informed by the Garda Commissioner that Castlepollard Garda station's opening hours are 10:00 a.m. to 1:00 p.m. seven days a week, subject to available manpower. Outside of these hours, there is a public access call box (P.A.C.B.) with calls diverted to Mullingar Garda Station which is open on a twenty-four hour basis. Castlepollard Garda station forms part of the Westmeath Garda Division which has 245 Gardaí of which 4 Gardaí are assigned to the station. Mullingar Garda Station is approximately 20Km from Castlepollard.

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 Castlepollard Garda Station does not currently require to be operated on a twenty four hour basis.

Naturalisation Applications

Questions (577)

Tom Fleming

Question:

577. Deputy Tom Fleming asked the Minister for Justice and Equality if she will examine an application for naturalisation by a person (details supplied), given that there has been an undue delay in processing it; and if she will make a statement on the matter. [37915/15]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for a certificate of naturalisation from the person referred to by the Deputy is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence. A letter issued to the person concerned on 16 July 2015 requesting certain information. As no response was received a reminder has issued. Upon receipt of the requested information, or in the event that the person concerned does not respond, the case will be submitted to me for decision in due course.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically 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 INIS is, in the Deputy’s view, inadequate or too long awaited.

Citizenship Applications

Questions (578)

Bernard Durkan

Question:

578. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determining an application for citizenship by a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [37924/15]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for a certificate of naturalisation from the person referred to by the Deputy is at an advanced stage of processing and the case will be submitted to me for decision in due course.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically 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 INIS is, in the Deputy’s view, inadequate or too long awaited.

Garda Data

Questions (579)

Niall Collins

Question:

579. Deputy Niall Collins asked the Minister for Justice and Equality further to Parliamentary Question No. 192 of 22 October 2015, if she will provide the details for each of the years from 2011 to 2014 for each category of departure listed. [37927/15]

Written answers

Minister for Justice and Equality

I have been informed by the Garda Commissioner that the number of Gardaí who have departed from the force owing to voluntary retirement, compulsory retirement, cost neutral early retirement, medical discharge, resignation, or dismissal for each of the years 2011 to 2014, is as set out in the table overleaf.

I would like to correct the official record. In my reply to Parliamentary Question No. 192 of 22 October 2015, I stated that there were 335 departures in 2013. I have, however, subsequently been informed by the Garda authorities that one member who was dismissed in 2013 was reinstated.

Departures from An Garda Síochána by category 2011 - 2014

Year	Vol. Retire	Compul Retire	Medical Discharge	Dismiss on Prob	Resign	Dismissal	Death	CNER	Total
2014	236	12	10	0	27	0	5	1	291
2013	279	11	6	1	26	1	4	6	335
2012	417	5	5	0	23	3	7	2	462
2011	428	8	6	1	25	2	8	2	480

Crime Data

Questions (580)

John Browne

Question:

580. Deputy John Browne asked the Minister for Justice and Equality if online fraud and cybercrime are included in crime statistics; and if she will make a statement on the matter. [37930/15]

Written answers

Minister for Justice and Equality

As 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 information directly to the Deputy.