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Thursday, 14 Jan 2016

Written Answers Nos. 170-179

Departmental Correspondence

Questions (170)

Willie Penrose

Question:

170. Deputy Willie Penrose asked the Minister for Defence to address the serious issues raised in correspondence on behalf of a person (details supplied); to ensure that the person receives the due entitlement in accordance with the arguments made; to indicate if he is prepared to undergo forensic analysis of all signatures afforded by the person in respect of any paperwork involved; and if he will make a statement on the matter. [1688/16]

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Written answers

I note the points made by the Deputy in his correspondence. I am having this matter examined and will write to the Deputy in detail as soon as possible.

National Disability Strategy Implementation Plan

Questions (171)

Finian McGrath

Question:

171. Deputy Finian McGrath asked the Minister for Justice and Equality to support a matter (details supplied) regarding disability; and if she will make a statement on the matter. [1609/16]

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Written answers

I am currently preparing a revised National Disability Inclusion Strategy with a view to having it in place by early 2016. This involves a 3 phase exercise. Phases 1 and 2 involving the identification of key themes and building on those through a broad consultation process to produce high-level objectives for the years 2016 - 2019 have been competed. Phase 3 will focus on agreeing specific actions and time frames in relation to each objective. In summary, my aim is to ensure a rigorous focus on identifying the key themes that impact on the lives of people with disabilities, on identifying agreed objectives within each theme and on developing specific actions to be undertaken to achieve each of the agreed objectives, together with time frames and key performance indicators so that the new Strategy will make a real difference to the lives of people with disabilities.

I welcome the positive engagement of all stakeholders in the process so far including their participation in the first round of public meetings and in the National Disability Strategy Implementation Group and look forward to continuing to work with all interested parties in completing and delivering the Strategy.

Furthermore, in autumn 2014, I launched the Comprehensive Employment Strategy for people with Disabilities. The aim of this strategy was to ensure that the barriers faced by those living with a disability in finding employment could be addressed. I appointed Fergus Finlay as the independent chairperson of the strategy's implementation committee to ensure that the Government is provided with regular updates on the strategy's progression.

Penalty Points System Offences

Questions (172)

Catherine Murphy

Question:

172. Deputy Catherine Murphy asked the Minister for Justice and Equality to set down in tabular form, for each month from 1 January 2014 to date, the number of gardaí driving Garda vehicles who have been issued with penalty points and the number of gardaí who have been exempted from penalty points because they were issued for instances where they were driving a Garda vehicle while on duty; and if she will make a statement on the matter. [1589/16]

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Written answers

In relation to the matter referred to I have requested a report from the Garda authorities and I will contact the Deputy directly when the report is to hand.

State Properties

Questions (173)

Jim Daly

Question:

173. Deputy Jim Daly asked the Minister for Justice and Equality to set down the number of State-owned dwelling houses that were assigned for use by community gardaí as their family home in the area they policed and which were disposed of to private ownership between the years 2000 to 2010; the revenue raised; and if she will make a statement on the matter. [1594/16]

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Written answers

Garda accommodation comes under the portfolio of State property, the management and maintenance of which is the responsibility of the Office of Public Works (OPW). The current and future use of Garda accommodation is, accordingly, a matter for the Commissioner and the OPW. In that context, I have been informed that the following Garda residences were disposed of during the period 2000 to 2010:

- Kanturk, Co. Cork sold privately to occupier for €66,033 in 2002;

- Thomastown, Co. Kilkenny sold at public auction for €450,000 in 2004 (included Garda Station also); and

- Goresbridge, Co. Kilkenny sold privately to occupier for €12,680.18 in 2007.

Coroners Service

Questions (174)

Finian McGrath

Question:

174. Deputy Finian McGrath asked the Minister for Justice and Equality to support a matter (details supplied) regarding the Coroner's Bill 2015; and if she will make a statement on the matter. [1606/16]

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Written answers

The Deputy refers to the Coroners Bill 2015, a Private Members Bill that in effect reproduces the whole of the Coroners Bill 2007 and introduces a small number of provisions for a mandatory post-mortem and inquest into any ‘maternal death’.

The Deputy will be familiar with the history of the Coroners Bill 2007, which proposed a major overhaul and restructuring of the coroner system. The Bill is now outdated and needs to be comprehensively reviewed, particularly in the light of the changed public finances since it was presented.

In order to progress this important legislation, last year I instigated a comprehensive review of the 2007 Bill:

- to identify how best to deliver an integrated, reformed structure that will support coroners more effectively, within the Government’s current financial possibilities;

- to bring the 2007 Bill up to date for legal and forensic developments, and in particular to ensure full compatibility with the European Convention on Human Rights; and

- to put in place improved support to ensure that bereaved families receive a prompt, responsive, and effective service – recognising that coroners already strive to do so within the constraints of the existing administrative framework.

Minister of State Simon Harris T.D. has already presented my views on these issues to the Dail on 11th December in the debate on the Private Member's Bill, which the Government decided not to oppose. I am very sympathetic to the concerns motivating the proposal for introduction of mandatory inquests into maternal deaths. I believe that bereaved families in this situation are entitled to a prompt, transparent and sensitive response to their questions and concerns.

The Coroners Bill 2007 already proposed a legal requirement to report any maternal death to a coroner. As was indicated on 11th December, I would intend to keep that proposal, but consider that there are strong arguments for looking at whether an inquest should be legally required in cases of maternal deaths as defined by this Bill.

As I indicated to the Dail on 11 December, it is important and appropriate that this question be fully examined within my Department’s review of the Coroners' Bill. I can confirm to the Deputy that this examination is under way in the context of the passage of Second Stage of the 2015 Bill by Dáil Éireann, and that the review is making good progress.

Crime Data

Questions (175)

Seamus Kirk

Question:

175. Deputy Seamus Kirk asked the Minister for Justice and Equality if there have been any prosecutions or convictions under section 36 of the Defamation Act 2009. [1617/16]

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Written answers

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose.

I have requested the CSO to provide the available statistical information directly to the Deputy.

Garda Misconduct Allegations

Questions (176, 177, 178)

Ruth Coppinger

Question:

176. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she will establish an investigation into the abuse of a person (details supplied) in south County Dublin and how the abuse of that person was investigated. [1622/16]

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Ruth Coppinger

Question:

177. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she will meet with a survivor of sexual abuse from south County Dublin (details supplied). [1623/16]

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Brendan Griffin

Question:

178. Deputy Brendan Griffin asked the Minister for Justice and Equality to outline her views on correspondence (details supplied) regarding an inquiry; and if she will make a statement on the matter. [1637/16]

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Written answers

I propose to take Questions Nos. 176 to 178, inclusive, together.

The particular case to which the Deputies refer was 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 with a view to determining to what extent and in what manner further action may be required in each case. A panel consisting of two senior and five junior counsel was established for that purpose.

The Panel has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. The issuing of notification letters to complainants commenced on 29 June. To date, 307 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants, until the process is completed which I expect will be very shortly as we are nearing the end of the process. The outcome of the review in this complainant's case issued last month.

I have repeatedly emphasised that the Independent Review Mechanism was not established to act as a Commission of Inquiry or Investigation. Nor was it designed to make findings. Its purpose was to triage the allegations to see whether further action was needed and what that action would be.

I wish to stress the independence of this process. The cases have all been considered by independent barristers, members of the Panel constituted to conduct this review. Following their reviews of the papers in each complaint, counsel made recommendations to me, as to whether or not further action should be carried out by me, and if so the nature of that action. I also appointed a retired judge, Mr Justice Roderick Murphy, to advise on the preparation of letters notifying individuals as to the outcome of the review in their particular cases. I was concerned that these letters should not only set out the recommendation of counsel, but also outline as far as possible the reasons for the recommendation, subject to any legal constraints there may be. I made this appointment in order to provide complete reassurance on the probity and independence of this entire process, from start to finish.

I have previously assured Deputies that where further investigation has been recommended by the review then that will occur. However, I have also pointed out that in a large proportion of cases, counsel would be likely to recommend that no further action could reasonably be taken. This has proven to be the case. The crucial point, however, is that every case has been reviewed by independent counsel, who have made an objective recommendation.

I can confirm that I have received correspondence from the person concerned, and from her legal representatives, requesting a meeting and that a response will issue shortly.

Irish Prison Service

Questions (179)

Denis Naughten

Question:

179. Deputy Denis Naughten asked the Minister for Justice and Equality to set out the cost of providing prison officer supervision of a house arrest (details supplied) and the period involved; the corresponding figures for the private security service; and if she will make a statement on the matter. [1652/16]

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Written answers

I wish to advise the Deputy that the Irish Prison Service does not detain persons under house arrest as there is no legal provision to do so. I can also inform the Deputy that it would not be appropriate for me to comment in detail on an individual's sentence management plan.

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