Thursday, 28 Apr 2016

Written Answers Nos. 73-78

Gambling Sector

Questions (73)

Imelda Munster

Question:

73. Deputy Imelda Munster asked the Minister for Justice and Equality the provisions in place to restrict the advertising of gambling outlets. [8691/16]

Written answers

Minister for Justice and Equality

I wish to inform the Deputy that I currently have no regulatory role in regulating the advertising of gambling outlets. However, the Deputy may be aware that the Government, in July 2013, approved the General Scheme of the Gambling Control Bill. The General Scheme is available on my Department's website.

The Bill will confer responsibility for all regulatory matters on the Minister for Justice and Equality. The Minister's functions will include licensing, inspections and prosecutions, and it is envisaged that these functions will be carried out by a body located within my Department.

The proposed legislation will have consumer protection generally as one of its core principles, and it is envisaged that it will include several measures aimed at the protection of vulnerable persons, including children, from risks to their well-being arising from gambling. The Scheme includes measures that will require licence holders to act in a socially responsible way. These measures will include controls on advertising, promotions and sponsorship.

The Deputy may wish to note that the Advertising Standards Authority, in its most recent code published in 2015, included specific provisions relating to the advertising of gambling products.

Road Traffic Accidents Data

Questions (74)

Clare Daly

Question:

74. Deputy Clare Daly asked the Minister for Justice and Equality what criteria An Garda Síochána uses in classifying a fatality as a road fatality, including but not restricted to the maximum period after a road accident within which a death must take place in order for it to be classified as a road fatality; if another vehicle must be involved in an accident leading to death in order for a death to be classified as a road fatality; if it is a requirement for An Garda Síochána to have attended the scene of an accident in order for it to be classified as a road fatality; the agents and agencies which supply data on road fatalities for collation; and if there is a statutory obligation on An Garda Síochána, the Road Safety Authority or any other body to record a fatality as a road fatality if informed that a death has occurred on a public road. [8710/16]

Written answers

Minister for Justice and Equality

I am advised by the Garda authorities that, in line with counting rules adopted by the Road Safety Authority, a collision is recorded as a fatal collision where at least one person is killed as a result of the collision and death occurs within 30 days of the incident. I am further advised that another vehicle does not have to be involved in the collision and that An Garda Síochána record single vehicle traffic collisions. All fatal collisions, and collisions where available information indicates that there is a likelihood of a fatality, are investigated by An Garda Síochána. Where a road traffic collision is initially believed to be of a minor nature, Gardaí may not have attended the scene at the time of the incident's occurrence. Where a fatality subsequently results, Gardaí will attend the scene during the course of their investigation. All road traffic collisions reported to An Garda Síochána are recorded on PULSE and An Garda Síochána provides electronic data to the RSA in respect of all such collisions, in keeping with a requirement to provide the RSA with relevant information and statistics under the Road Safety Act 2006. I further understand that the recording of traffic fatalities by the RSA is not the subject of specific statutory obligations.

Prisoner Complaints Procedures

Questions (75, 76)

Clare Daly

Question:

75. Deputy Clare Daly asked the Minister for Justice and Equality the progress on the review of the prison complaints procedure initiated by the Inspector of Prisons, with particular reference to publishing the number of prison complaints, the number of complaints that were upheld, and how they were resolved. [8729/16]

Clare Daly

Question:

76. Deputy Clare Daly asked the Minister for Justice and Equality to introduce a fully independent prisoner ombudsman to deal with prisoner complaints. [8730/16]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 75 and 76 together.

The Inspector of Prisons, who is independent of Government, has carried out a review of the prisoner complaints procedure currently in operation in the Irish Prison Service and has made a number of recommendations, including one relating to a possible role for an Ombudsman. My officials and I are currently examining those recommendations

The current prisoner complaints system was introduced in the Irish Prison Service in November 2012 based on a model recommended by the Inspector of Prisons who has independent oversight of the process. The intention was to have robust procedures in place which would give prisoners access to a credible complaints system that deals with genuine complaints in an open, transparent and independent way.

The system is categorised depending on the nature of the complaint. Category A complaints concern the most serious level of complaint (assault, serious intimidation by staff etc.). Category B complaints include allegations of discrimination, verbal abuse by officers and inappropriate searches. Category C complaints are essentially service complaints where a prisoner is unhappy with the level of service in a particular prison. Category D complaints are those alleging misconduct or mistreatment by professionals providing services to prisoners such as doctors, dentists etc.

In January 2013 the then Minister announced amendments to the Prison Rules to support and give effect to the new procedures for the investigation of prisoner complaints. In the main, the amendments to the Prison Rules provide that prisoner complaints under Category A will be examined by investigators from outside the Prison Service to ensure an effective and impartial investigation. The complainant was to be kept informed and the reports by outside investigators are automatically submitted to the Governor in question, the Director General and the Inspector of Prisons. The Inspector has had oversight of the process from the very beginning which was also strengthened by extra resources assigned to his office. A panel of 22 external investigators were recruited and since the introduction of the complaints procedure in November 2012 to date there have been 348 Category A complaints received under the new system.

In addition, there are fourteen Prison Visiting Committees in existence - one for each institution. The function of Visiting Committees is to visit the prison to which they are appointed and hear any complaints which may be made to them by any prisoner. The Committees play a vital role in ensuring the quality of accommodation and catering, medical, educational and welfare services and recreational facilities.

Below are tables showing details of Category A complaints made in the period from November, 2012 - when the new comprehensive prisoner complaints system was introduced - to date. Tables 3 and 4 show for the period November 2012 to 2015 the type of complaints made, the outcomes of the complaints procedures and the number of complaints by prison. Tables 1 and 2 provide this data for 2016 to date. Overall, for the period November 2012 to date, 384 Category A complaints have been received. Of these, 18 were upheld, 249 were not upheld, 1 was not proved, 23 were terminated under section 57B(5)(C) of the Prison Rules, 2007 and 57 are currently incomplete.

Rule 57B (5)(c) of the Prison Rules 2007 provides that "If the complaint is withdrawn, the Governor, or the Designated Officer where the Governor is the subject of the complaint, shall inquire as to why the complaint was withdrawn, document the reasons given and forward a report to the Director General. If there is any evidence of any threat or inducement for the complainant to withdraw the complaint, the initiation of disciplinary proceedings shall be considered. On receipt of the Governor's or the Designated Officer's report, the Director General may decide that the investigation should be terminated (and if so document the reasons for doing so and advise the Inspector of Prisons) or direct that the investigative process should continue."

Table 1: Category A Complaints received by prison 2016

Prison	Category A Complaints by Prison
Mountjoy	0
Dochas	1
St. Patricks	0
Cloverhill	6
Wheatfield	1
Arbour Hill	0
Portlaoise	0
Midlands	7
Cork	2
Castlerea	13
Limerick	0
Training Unit	0
Total	30

Table 2: Outcome of Category A Complaints received 2016

Category A Complaint by Outcome		Category A Complaint by Type
Upheld	0	Assault	19
Not Upheld	2	Mistreatment etc	0
Not Proved	0	Racial	7
Terminated 57B(5)(c)	1	Sexual	1
Incomplete	27	Threats/ Intimidation	3
Total	30	Total	30

Table 3: Category A Complaints received by prison 2012-2015

Prison	Category A Complaints by Prison
Mountjoy	56
Dochas	15
St. Patricks	24
Cloverhill	79
Wheatfield	27
Arbour Hill	5
Portlaoise	16
Midlands	36
Cork	10
Castlerea	37
Limerick	12
Training Unit	1
Total	318

Table 4: Outcome of Category A Complaints received 2012-2015

Category A Complaint by Outcome		Category A Complaint by Type
Upheld	18	Assault	164
Not Upheld	247	Mistreatment etc	42
Not Proved	1	Racial	62
Terminated 57B(5)(c)	22	Sexual	26
Incomplete	30	Threats/ Intimidation	24
Total	318	Total	318

Criminal Injuries Compensation Tribunal

Questions (77)

Pearse Doherty

Question:

77. Deputy Pearse Doherty asked the Minister for Justice and Equality the average waiting time for cases to be determined by the criminal injuries compensation tribunal in respect of applications for compensation under the scheme of compensation for personal injuries criminally inflicted; the measures she is taking to expedite the processing of applications; and if she will make a statement on the matter. [8732/16]

Written answers

Minister for Justice and Equality

I wish to advise the Deputy that under the terms of the Scheme of Compensation for Personal Injuries Criminally Inflicted, the Criminal Injuries Compensation Tribunal is entirely independent in the matter of individual applications for compensation under the Scheme and is also responsible for the administration of the Scheme.

I understand that information in relation to the average length of time taken to process applications is not available as the time taken to process an application can vary widely from case to case. For instance, if there is a delay in receiving the Garda report or if Tribunal queries arise which result in applicants taking time to respond or if there is a dispute between dependants or family members an application may take some time to finalise. In addition, I understand that in cases of serious injury to the victim it can take a considerable amount of time (in some cases a number of years) before their treating consultant is in a position to give a final prognosis.

There is no time limit for the submission of an application in a fatal case. However, under the terms of the Scheme it is a matter for the claimant to establish his/her case, that is, to provide the Tribunal with the necessary documentation to support the claim.

Applications are processed as quickly as possible subject to some of the constraints mentioned above.

Naturalisation Applications

Questions (78)

Bernard Durkan

Question:

78. Deputy Bernard J. Durkan asked the Minister for Justice and Equality her progress in determining eligibility for naturalisation for a person (details supplied); and if she will make a statement on the matter. [8759/16]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing and will be submitted to me for decision as expeditiously as possible.

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.