Written Answers Nos. 320-343
320. Deputy Eoghan Murphy asked the Minister for Justice and Equality her plans to address anti-social behaviour, including drug-taking, aggressive behaviour and violence in the Temple Bar area of Dublin 2; and if she will make a statement on the matter. [40225/15]
View answerI can assure the Deputy that I am in ongoing contact with the Garda Commissioner in relation to the measures which are being taken to combat crime and enhance public safety in Dublin city centre, including the Temple Bar area. An Garda Síochána make full use of the extensive range of legislation which is in place to address street crime and anti-social behaviour, including drug related crime.
Tackling this type of crime is central to the overall and ongoing implementation of the Dublin City Centre Policing Plan. This involves a high-visibility uniformed presence on key thoroughfares, as well as the use of undercover Gardaí as appropriate. As part of the Garda Plan a range of dedicated policing operations and measures are in place to tackle crime and anti-social behaviour in the city centre. The resumption of Garda recruitment and the deployment of newly attested Gardaí are of course key components in providing visible policing in the city centre and elsewhere. In addition to the Garda responses, I am sure the Deputy would concur that the issues involved are not simply policing ones. He will recall that I have previously met with the key state agencies and other stakeholders in relation to various actions which are aimed at improving the general environment in Dublin City Centre, and strongly support this ongoing work.
I also welcome the continued close engagement between An Garda Síochána, Dublin City Council and other agencies as well as ongoing consultation with key stakeholders, such as the Dublin City Business Forum. My Department is maintaining contact with these cooperative initiatives, and I understand that positive feedback is being received in relation to the policing measures being employed by the Garda authorities, and their level of engagement with business and community interests.
321. Deputy Niall Collins asked the Minister for Justice and Equality her views on the concerns of the community in Kilnamanagh in Tallaght, Dublin 24 regarding the recent increase in crime there; on the efforts of the local neighbourhood watch scheme in dealing with matters in conjunction with An Garda Síochána; her plans to provide resources to the Garda station in Tallaght to allow for effective action to be taken in respect of these matters; and if she will make a statement on the matter. [40232/15]
View answerI can assure the Deputy that An Garda Síochána places great emphasis on the importance of the partnership between An Garda Síochána and the community in preventing and detecting crime, and maintaining a safe environment for everyone, including through engagement with Neighbourhood Watch and other local groups.
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. Tallaght Garda District forms part of the Dublin Metropolitan Region South and of the 541 gardaí assigned to the Division, 175 are assigned to Tallaght Garda station. The work of these Gardaí in Tallaght is supported by 9 Garda Reserves and 10 civilians.
The resumption of Garda recruitment and the deployment of newly attested Gardaí are of course key components in providing visible policing in the Tallaght area and elsewhere. I am assured by Garda management that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí and in this regard I am informed that five of the Probationer Gardaí attested to date have been assigned to Tallaght.
The increased budget allocation for An Garda Síochána in 2016 which I recently announced, provides for the recruitment of 600 new Gardaí in addition to the 550 that will be recruited by year end. This will bring the total number of trainee Gardaí recruited since September 2014 to 1,150 by the end of 2016. The ongoing recruitment of new Gardaí is crucial to An Garda Síochána and for the safety of communities throughout the State. This ramped-up recruitment underscores the determination of this Government to deliver an effective, responsive police service to protect our communities and respond to emerging crime trends.
This Government has also invested over €34 million in new Garda vehicles since 2012 with over 640 new vehicles coming on stream in 2015, ranging from more Garda patrol cars to high-powered vehicles for armed units. This will ensure Gardaí can be mobile, visible and responsive, on the roads and in the community. We are also investing in airborne surveillance and enhanced technology and ICT systems.
Operation Thor, a new multi-strand national anti-crime and anti-burglary operation which was launched by the Garda Commissioner earlier this week will make full use of this continuing investment. Operation Thor, which has been in planning for several months, builds on previous and current Garda operations and entails a broad range of activities to tackle crime, particularly burglaries in both urban and rural communities nationwide. A further allocation of in excess of €5 million has been committed to Operation Thor. This allocation, which includes funding for Garda overtime will support a combination of additional patrols, checkpoints, rapid armed response and public awareness measures. I am confident that the totality of the Government's investment will ensure that An Garda Síochána has the capacity to provide effective policing services in the Tallaght area, as elsewhere throughout the country.
322. Deputy Willie Penrose asked the Minister for Justice and Equality the level of progress in terms of legislative proposals to accommodate pre-nuptial agreements to enable them to be enforced by the courts; if any consideration has been given to the report of the study group on pre-nuptial agreements in 2007; and if she will make a statement on the matter. [40233/15]
View answerI have met representatives of the IFA and of the ICMSA to ascertain their views on the issue of affording legal recognition to pre-nuptial agreements. As I have previously indicated, this issue is a complex one which could lead to serious implications for both parties to a marriage. In this context, my Department will organise a consultation process in the first half of 2016 to ascertain the views of those potentially affected by such a proposal as part of the process of developing a policy position on this issue.
324. Deputy Finian McGrath asked the Minister for Justice and Equality the status of cyclists using pavements; the action that is being taken to implement this offence; her views on correspondence (details supplied) regarding this issue; and if she will make a statement on the matter. [40274/15]
View answerAs the Deputy will be aware, I have no direct role in the enforcement of road traffic legislation, which is an operational matter for An Garda Síochána. I am advised that members of An Garda Síochána enforce road traffic legislation as it applies to cyclists as part of their normal duties on an ongoing basis. In addition to the day to day enforcement of relevant provisions of the Road Traffic Acts, breaches of the legislation are regularly targeted by way of specific Garda operations which take into account the interaction of cyclists, pedestrians and vehicular traffic.
Where breaches of the legislation are detected, members of An Garda Síochána, depending on the circumstances, may deal with the incident by way of advice or caution or by initiating criminal proceedings. As the Deputy will be aware, certain specific offences by cyclists may now result in the issuing of a fixed charge notice, including for the offence of cycling without reasonable consideration.
325. Deputy Brian Walsh asked the Minister for Justice and Equality the amounts paid to companies or persons running direct provision centres in each year since the system was introduced in 1999 by recipient and by direct provision centre. [40282/15]
View answerReadily available information requested by the Deputy in relation to commercial contracts are being checked and collated and I will arrange for it to be forwarded to the Deputy in due course.
While the information in relation to State-owned centres is not readily available in the format sought by the Deputy, the Annual Reports of the Reception and Integration Agency from 2007 to 2013 provide a breakdown of yearly expenditure into the broad headings of 'Commercial', 'State-owned', 'Self-catering', 'Additional Costs', 'Transport' and 'Miscellaneous'. These Annual Reports are published on RIA's website - www.ria.gov.ie.
In addition, RIA is scheduled to re-tender for these particular services shortly and it would not be appropriate to publish any additional information that could compromise the integrity of that tendering process.
326. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the funding streams and grants she provides for the installation of closed-circuit television systems by community and resident groups and by local authorities. [40294/15]
View answerSection 38 of the Garda Síochána Act, 2005 lays down the conditions governing the operation of CCTV schemes in public areas. This includes the need for all such CCTV schemes to be authorised in writing by the Garda Commissioner. CCTV systems installed for the purposes of crime prevention, and as aids to policing in areas to which the general public routinely have access such as town centres, fall into two categories: Garda CCTV systems and community-based CCTV systems.
Garda CCTV systems are planned and implemented on the basis of the identified operational needs and priorities of An Garda Síochána. Accordingly, decisions in relation to the introduction or extension of such systems are a matter for the Garda Commissioner. The Garda authorities inform me that they keep the current Garda CCTV arrangements under ongoing review in the context of changing operational requirements. As regards community-based CCTV, a scheme was launched in 2005 which provided financial assistance to qualifying local organisations towards meeting the capital costs associated with the establishment of a local community CCTV system. Two rounds of funding were advertised under that scheme and a total of €3.76m was allocated to fund 43 Community Schemes. The last of that funding was paid out in July 2013.
I am very conscious of the value that communities, especially rural communities, place on CCTV. With this in mind, I have instigated a review of the effectiveness of the Community CCTV Scheme in conjunction with the Garda authorities. The outcome of that review will inform future decisions on the continuation of the Scheme. The Deputy may also be aware that my colleague, the Minister for Environment, Community and Local Government, has recently made an announcement in relation to the provision of CCTV in rural areas, which is to be funded from the Rural Development Programme 2014-2020.
327. Deputy Niall Collins asked the Minister for Justice and Equality when the next complement of Garda Síochána reserves will be called up and trained; and if she will make a statement on the matter. [40395/15]
View answerAs the Deputy will appreciate, the recruitment and training of the Garda Reserve is a matter for the Garda Commissioner, and I as Minister have no direct role in the matter.
Applications to become members of the Garda Reserve can currently be made through the Public Appointments Service (PAS) website. PAS process applications on behalf of An Garda Síochána, and admission to become a Reserve member is subject to the provisions of the Garda Síochána (Reserve Members) Regulations 2006. I am informed by the Garda Commissioner that as of the 30 September 2015, the strength of the Garda Reserve stands at 1,014 and there were 21 Garda Reserves in training. I am further informed that while recruitment to the Garda Reserve is currently on-going, a date has yet to be determined by Garda management for the next intake of trainee Garda Reserves.
328. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding a regularisation scheme for undocumented migrants; and if she will make a statement on the matter. [40396/15]
View answerI am aware of the proposals regarding regularisation which have been put forward by the Migrant Rights Centre of Ireland and I have met with their representatives, as have my officials, on a non-committal basis, to give them the opportunity of elaborating their proposals at first hand. I also acknowledge that a good deal of thought has gone into the proposals.
However I have no plans to implement a regularisation programme of the type proposed. As highlighted in replies to previous parliamentary questions EU Member States have committed "to use only case-by-case regularisation, rather than generalised regularisation, under national law, for humanitarian or economic reasons".
There is a clear obligation on anyone coming to live and work in the State to respect our laws. In this regard it remains the responsibility of all non-EEA nationals who are resident in the State to ensure that they have an appropriate permission from the Minister for Justice and Equality and the great majority of migrants fully comply with this condition. I am conscious that any significant departure from well established policies will invariably have implications for our immigration controls and the smooth functioning of the Common Travel Area with the United Kingdom.
It remains open to any foreign national, who finds him or herself in an undocumented situation, to return to their home country and apply to re-enter the State or, alternatively, to approaching the immigration authorities to seek permission to remain in the State. Such cases would be carefully considered, taking all the relevant circumstances into account, before any final decision was made. An important factor in any such consideration would be the circumstances in which the person concerned became undocumented. Following such a process it is reasonable for the State to expect that people will respect this decision.
329. Deputy Seán Kenny asked the Minister for Justice and Equality the Garda Síochána districts in Dublin that received additional gardaí following the recruiting of extra gardaí in 2014; and if she will make a statement on the matter. [40411/15]
View answerThe Deputy will be aware that the allocation of Garda resources, including personnel, is a matter for the Garda Commissioner, and that I as Minister have no direct role in the matter. Garda management will continue to keep this allocation of resources under continual review in the context of crime trends, demographics and policing priorities so as to ensure that the best use is made of Garda resources.
Since this Government reopened the Garda College in September 2014, there have been five intakes of Garda Trainees, giving a total intake of 475. It is planned that a further 75 recruits will enter college by the end of November, bringing total recruitment of Garda Trainees to 550. So far 295 of the new Garda Trainees have attested as members of An Garda Síochána. On attestation, new Probationer Gardaí are assigned to Garda stations throughout the country by the Garda Commissioner, where they are assigned to mainstream uniform policing duties. I am informed by the Garda Commissioner that the distribution of the 121 trainee gardaí who attested in 2015, and who were assigned to the Dublin Metropolitan Region, is as set out in the table.
This Government is committed to the ongoing recruitment of new Gardaí which is crucial to the renewal of An Garda Síochána and for the safety of communities throughout the State. The increased budget allocation for An Garda Síochána in 2016 provides for the recruitment of an additional 600 new trainee Gardaí. This will bring the total number of trainee Gardaí recruited to 1,150 by the end of 2016. A recruitment campaign will be advertised shortly for these positions.
Assignment of newly attested Garda in the D.M.R. in 2015
|
District |
No. |
District |
No. |
|
Dun Laoghaire |
5 |
Pearse St. |
10 |
|
Blackrock |
5 |
Kevin St. |
5 |
|
Ballymun |
10 |
Kilmainham |
5 |
|
Coolock |
5 |
Blanchardstown |
5 |
|
Raheny |
4 |
Clondalkin |
5 |
|
Store St. |
13 |
Finglas |
5 |
|
Mountjoy |
10 |
Ronanstown |
5 |
|
Tallaght |
10 |
Ballyfermot |
5 |
|
Crumlin |
4 |
Lucan |
5 |
|
Sundrive Road |
5 |
330. Deputy Seán Kenny asked the Minister for Justice and Equality her plans to refurbish Swords District Court in County Dublin; the estimated cost of making it fully wheelchair-accessible; and if she will make a statement on the matter. [40412/15]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and I am informed that the Courts Service is aware of the limitations of Swords District Court as regards accessibility and facilities generally for court users. I am further informed that limited space and the conservation status of the building do not allow for the necessary structural changes to provide such accessibility. The Courts Service is considering whether to relocate the courthouse, however they have advised that this will be dependant on the availability of funding and the availability of a suitable alternative site.
331. Deputy Denis Naughten asked the Minister for Justice and Equality the number of sex offenders released from prison in 2014; the number of these prisoners who participated in the Building Better Lives programme; the number due to be released in 2015; the corresponding participation rates; her plans to implement the recommendation of her Department's 2009 review of the management of sex offenders, which recommends that sex offenders should not be eligible for early release if they fail to participate in such courses; and if she will make a statement on the matter. [40463/15]
View answerI am advised by the Irish Prison Service that 136 Sexual offenders were released from custody in 2014, and 29 participated in the Building Better Lives Programme on a Group or Individual Basis. A further 136 Sexual offenders are due for release from custody in 2015, and 22 have participated in the Building Better Lives Programme. Offenders not recorded in the Building Better Lives Programme may be involved with other agencies such as the Probation Service, Addiction Services, or the Psychiatric Services. In addition, I should emphasise that sexual offenders released from prison who are subject to notification requirements under the Sex Offenders Act 2001 are required to notify the Gardaí of any change in their home address.
The Irish Prison Service works closely with the Probation Service at all times to ensure that assessment, intervention, and risk management are provided to the largest possible number of sex offenders. The Irish Prison Service views engagement with treatment and risk management initiatives as a pre-requisite for offenders to be considered for enhanced regimes, and release planning. In line with international research and best practice, the Building Better Lives Programme targets high intensity levels of intervention reserved for moderate to high risk offenders, focusing on factors relevant to the risk of re-offending.
The Building Better Lives programme is located in Arbour Hill Prison. The Irish Prison Service is currently in the process of expanding this programme to the Midlands Campus which accommodates a significant number of sexual offenders. This will allow for enhanced screening processes with this population, and the establishment of the components of the Building Better Lives Programme. These developments are aimed at developing the earliest possible engagement with an increased number of sexual offenders as part of their sentence management.
332. Deputy Thomas Pringle asked the Minister for Justice and Equality when an application by a prisoner (details supplied) in Maghaberry Prison in Northern Ireland to complete his sentence here will be concluded; and if she will make a statement on the matter. [40472/15]
View answerI am advised by the Irish Prison Service that an application for repatriation, from the person referred to, has been received and is being dealt with accordingly. It is not possible to provide a precise time-line in respect of individual applications, due to the number of parties involved in the process.
The individual will be kept informed directly of any developments in his case as they arise. The Deputy should be aware, that the Council of Europe Convention on the Transfer of Sentenced Persons does not confer an automatic right for any prisoner to be transferred nor does it confer an obligation on any State to comply with a transfer request. In addition the consent of the three parties in the process is required prior to any transfer, i.e. the sentencing state, the receiving state and the sentenced person.
333. Deputy Gabrielle McFadden asked the Minister for Justice and Equality when the contract to refurbish Mullingar Courthouse in County Westmeath will be signed; when construction will commence; and if she will make a statement on the matter. [40481/15]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that they are now at an advanced stage in planning the proposed refurbishment of Mullingar Courthouse which is part of the Government's infrastructure stimulus package.
The proposed refurbishment of Mullingar Courthouse is part of a bundle of seven courthouse projects currently being developed by way of Public Private Partnership. The procurement of this project is at an advanced stage and the contract is expected to be signed in the coming weeks. I am informed that it is anticipated that work will start on site before the end of the year and courts sitting in Mullingar have been relocated to a temporary venue to facilitate the construction work.
334. Deputy Jerry Buttimer asked the Minister for Justice and Equality the supports available to help single and separated fathers access legal aid; and if she will make a statement on the matter. [40482/15]
View answerAs the Deputy is aware, the Legal Aid Board is responsible for the provision of civil legal aid in the State. The Board provides equal access to legal aid/advice to all applicants, irrespective of their personal circumstances, provided that the provisions of the Civil Legal Aid Act 1995, and regulations made thereunder are complied with. Information on the Board's services can be accessed on its website at www.legalaidboard.ie.
335. Deputy Catherine Murphy asked the Minister for Justice and Equality if, in so far as it falls within her remit, she has undertaken an impact analysis of reforming the present criminal penalties for prostitution towards adopting the models utilised in Sweden and Northern Ireland; if she is aware of the projected impact in terms of Garda Síochána resources which would be required to implement such a reform; if she has access to research on the enforceability of similar models used in other jurisdictions; if she will share the results of this research; and if she will make a statement on the matter. [40554/15]
View answerThe purpose of the proposals to criminalise the purchase of sexual services contained in the Criminal Law (Sexual Offences) Bill 2015 is primarily to target the trafficking and sexual exploitation of persons through prostitution. Both the European Parliament (February 2014) and the Council of Europe (March 2014) have recommended criminalising the purchase of sexual services as a tool in the fight against human trafficking.
Outside of those trafficked for the purpose of sexual exploitation through prostitution, there is wider exploitation of persons involved such as those coerced or otherwise forced, through circumstances, to engage in prostitution.
At a national level, the then Minister for Justice and Equality published a discussion document in June 2012 on the future direction of prostitution legislation. This included a review of legislative approaches in other jurisdictions. Following a conference hosted by the Department of Justice and Equality in October 2012, the discussion document was referred to the Joint Oireachtas Committee on Justice and Equality which conducted a public consultation process. This included presentations from 26 organisations and individuals, including representatives of An Garda Síochána, and the receipt of over 800 written submissions.
In June 2013, the Committee published its report which recommended that an offence should be introduced penalising the purchase of sexual services from another person by means of prostitution while clarifying that no offence is committed by the person providing the sexual service. This recommendation was reiterated by the Committee in its report on domestic and sexual violence which was published in October 2014.
In terms of the use of Garda resources, the Garda Commissioner is responsible for the distribution of personnel and other resources and such is kept under continual review in the context of policing priorities.
As already stated, the purpose of these provisions is to tackle the exploitation associated with prostitution. I am absolutely satisfied that it is the proper approach to adopt. Nonetheless, I accept that as a subject prostitution raises a wide spectrum of issues. I fully expect the proposals contained in the Criminal Law (Sexual Offences) Bill to be substantially discussed during the course of the passage of this Bill through the Houses of the Oireachtas.
336. Deputy Robert Troy asked the Minister for Justice and Equality her plans to bring forward legislation to deal with persons who damage or remove lifebuoys, defibrillators or other safety devices from public places; and if she will make a statement on the matter. [40578/15]
View answerThere is already legislation in place to deal with criminal damage to property generally. Under the Criminal Damage Act 1991 it is an offence to damage, threaten to damage or possess anything to damage property. Penalties for such offences include, on conviction on indictment, a fine of up to €22,220 or a term of imprisonment of up to 10 years or both. Accordingly, I have no current plans to bring forward new legislation in this area.
337. Deputy Sean Fleming asked the Minister for Justice and Equality in relation to the new vehicles being purchased for An Garda Síochána, if she will provide details in the tender document issued regarding the use, servicing, maintenance and guaranteeing the future safety of these vehicles beyond a certain level of kilometres, or age of vehicle; and if she will make a statement on the matter. [40625/15]
View answerThe Garda Commissioner is, in accordance with the provisions of the Garda Síochána Act 2005, the Accounting Officer for the Garda Vote and as such, is responsible for the procurement of Garda vehicles.
In that context, I am advised by the Garda authorities that An Garda Síochána procures vehicles in accordance with public procurement procedures and EU Directives under contracts tendered by the Office of Government Procurement (OGP). The published vehicle tender documentation is available on the OGP website and incorporates the vehicle technical specification as required by An Garda Síochána.
The use of the vehicles is determined by the Garda Commissioner in accordance with prioritised operational requirements. The vehicles are maintained and serviced in accordance with the manufacturer’s specifications to ensure their roadworthiness and safety until they are decommissioned from the fleet when they have reached the decommissioning kilometre threshold.
338. Deputy James Bannon asked the Minister for Justice and Equality the status of an application by a person (details supplied) in County Longford; and if she will make a statement on the matter. [40638/15]
View answerI am advised by the Irish Naturalisation and Immigration Service, INIS, of my Department that the decision on the application for a certificate of naturalisation from the person referred to by the Deputy will issue in the near future.
339. Deputy Brian Stanley asked the Minister for Justice and Equality the cost of free legal aid in 2014. [40664/15]
View answerI wish to inform the Deputy that the provision of legal aid falls within two separate categories, that is, civil legal aid and criminal legal aid. Details in respect of each category are outlined as follows.
Criminal Legal Aid
The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the Court that their means are insufficient to enable them to pay for legal representation themselves. In 2014, the cost of providing criminal legal aid was €53.1m.
Civil Legal Aid
The Legal Aid Board is tasked with providing civil legal aid. In 2014, the Legal Aid Board received total Exchequer funding of €32.574 million. This includes funding for the provision of the Family Mediation Service, for which the Board assumed responsibility in late 2011. The Board also generated its own income of €2.63 million, largely through contributions from clients towards the cost of the service and costs recovered, giving a total budget of just over €35.2 million.
340. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of judges at each level from District Court to Supreme Court; the salary scales at each level; and if she will make a statement on the matter. [40669/15]
View answerI wish to advise the Deputy that the number of posts provided for in each Court is as follows:
- The Supreme Court consists of the Chief Justice and nine ordinary judges;
- The Court of Appeal consists of a President and nine ordinary judges;
- The High Court consists of a President and thirty six ordinary judges (normally thirty five ordinary judges however the appointment of a Judge as Chair of the Garda Síochána Ombudsman Commission gives rise to the additional High Court post);
- The Circuit Court consists of a President and thirty seven ordinary judges, (it also comprises six specialist judges who were appointed to deal with the work arising as a result of the Personal Insolvency Act 2012); and
- The District Court consists of a President and sixty three ordinary judges.
There is currently one vacancy on the High Court bench. As the Deputy may be aware, my colleague the Minister for Public Expenditure and Reform is responsible for policy in relation to the salary of judges. However in order to be of assistance, the current rates of pay for members of the judiciary is set out in the following table:
|
Position |
Date Appointed |
Current Annual Remuneration |
|
Chief Justice |
pre 1 Jan 2012 |
€231,726 |
|
post 1 Jan 2012 |
€209,088 |
|
|
President, Court of Appeal |
N/A |
€200,000 |
|
President, High Court |
pre 1 Jan 2012 |
€215,556 |
|
post 1 Jan 2012 |
€194,535 |
|
|
Judge, Supreme Court |
pre 1 Jan 2012 |
€202,622 |
|
post 1 Jan 2012 |
€182,895 |
|
|
Judge, Court of Appeal |
N/A |
€177,803 |
|
President, Circuit Court |
pre 1 Jan 2012 |
€196,155 |
|
post 1 Jan 2012 |
€177,075 |
|
|
Judge, High Court |
pre 1 Jan 2012 |
€191,306 |
|
post 1 Jan 2012 |
€172,710 |
|
|
President, District Court |
pre 1 Jan 2012 |
€150,763 |
|
post 1 Jan 2012 |
€135,992 |
|
|
Judge, Circuit Court |
pre 1 Jan 2012 |
€145,686 |
|
post 1 Jan 2012 |
€131,373 |
|
|
Judge, District Court |
pre 1 Jan 2012 |
€127,234 |
|
post 1 Jan 2012 |
€114,711 |
341. Deputy Michael McNamara asked the Minister for Justice and Equality the status of the review of the death of a person (details supplied) by the independent review mechanism; and when the family may expect to be informed as to the outcome of the review. [40673/15]
View answer342. Deputy Michael McNamara asked the Minister for Justice and Equality if the original Garda Síochána file on the investigation of the death of a person (details supplied) still exists, or if it has been archived; and if the file will be released to the family of the deceased. [40674/15]
View answerI propose to take Questions Nos. 341 and 342 together.
The particular case to which the Deputy refers is amongst those considered under 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, or other public representatives with a view to determining to what extent and in what manner further action may be required in each case.
The Panel established for that purpose has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. I am mindful that all complainants are anxious to know the outcome of the review of their case and every effort is being made to conclude the process. In each case a submission will be prepared. Mr Justice Roderick Murphy will review the summary of the conclusion and the letter of notification drafted, to ensure that they are a fair and accurate reflection of the recommendation.
The issuing of notification letters to complainants commenced on 29 June. To date, 281 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants, including the case referred to by the Deputy, until the process is completed.
I have previously assured Deputies that where further investigation is recommended by the review then that will occur. It is my intention, on the completion of the process, to make a comprehensive statement on all the actions I have decided to take in line with the recommendations of counsel.
As regard the original investigation file, I have no role in the investigation, prosecution or trial of alleged offences. This is a long standing principle of our system of justice. The role of An Garda Síochána is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the DPP. Accordingly, the preparation and retention of an investigation file in the context of a criminal investigation is an operational matter for the Garda Commissioner.
343. Deputy Michael Healy-Rae asked the Minister for Justice and Equality her views on a matter (details supplied) regarding free legal aid; and if she will make a statement on the matter. [40684/15]
View answerThe Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. An applicant's previous convictions are not a criterion for access to legal aid under the Act. I have no function in these matters which are determined by the judiciary.
These provisions must have regard to the right to a fair trial, including the provision of legal aid where appropriate, which is a Constitutional right upheld by the courts in a number of judgments. The Supreme Court ruling in the case of State (Healy) v Donoghue [1976]I.R. 325 effectively determined that the right to criminal legal aid is, in circumstances which are quite wide in practice, a Constitutional right. Article 6(3)(c) of the European Convention on Human Rights states that "Everyone charged with a criminal offence has [the right] to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require". As the Deputy will be aware, an accused person is entitled to a presumption of innocence and legal representation and any obstacles to obtaining necessary legal aid which were found to be unreasonable could give a defendant an avenue for appeal or prohibition of the prosecution. The overriding concern is to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts.
I can inform the Deputy that a new Criminal Legal Aid Bill is currently being drafted to update and strengthen the system of granting legal aid including transferring responsibility for the administration of the Scheme to the Legal Aid Board. Legislative provisions being prepared include provisions to enable the Board to investigate the means of a person to whom legal aid was granted and determine, if it be the case, that the person can afford to pay the costs or a portion thereof and direct them to pay the amount calculated as being owed. Legislation will provide for powers to revoke the criminal legal aid certificate and sanctions for providing false or misleading information for the purpose of obtaining legal aid.
