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Wednesday, 8 Jun 2016

Written Answers Nos. 100-115

Irish Sign Language

Questions (100)

Clare Daly

Question:

100. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 54 of 26 May 2016, if she intends to introduce legislation to provide that where an Irish sign language interpreter cannot be present for a court hearing involving a deaf defendant, the proceedings must be suspended until an interpreter is present. [14414/16]

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Written answers

As the Deputy will be aware the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions, and the conduct of any case is a matter entirely for the presiding judge. As outlined in my response to Parliamentary Question Number 54 of 26 May 2016 every effort is made to source interpreters when required by the courts. However, this cannot always be guaranteed as sign language interpreting and, in particular, Irish sign language interpreting is a very specialised skill. Despite the best efforts of Courts Service staff, an interpreter may not always be available at short notice and, in these instances, a case is generally put back to a later date to allow more time to arrange a sign language interpreter.

As the Deputy will also be aware, my Department is currently progressing a three-phase consultation process with a view to developing a new Disability Inclusion Strategy. Phase 2, which focused on agreeing high-level objectives for the Strategy, was completed at the end of 2015. Phase 3 will involve agreeing specific actions with timescales to deliver on each of the high-level objectives. This will commence shortly and I expect to have a set of draft actions for the Strategy for publication shortly. The consultations on this draft will include consideration by the National Disability Strategy Steering Group and, as with Phase 2, a series of regional consultation meetings. The Strategy will then be revised as necessary and submitted to Government for final approval. Issues in relation to the Deaf Community have featured strongly in the consultation process to date and I intend that the new Disability Inclusion Strategy will respond credibly to the issues raised, including making a real difference in relation to facilitating the use of Irish Sign Language and ensuring that public bodies provide Irish Sign Language users with Irish Sign Language interpretation when availing of their statutory services.

Departmental Data

Questions (101)

Peadar Tóibín

Question:

101. Deputy Peadar Tóibín asked the Tánaiste and Minister for Justice and Equality if she is satisfied with the level of data that is collected on the issues which come under her Department's remit; the steps she will take to work with the administration in Northern Ireland to collect data under her aegis on a North-South basis; and the budgets she will put in place to undertake this work (details supplied). [14445/16]

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Written answers

As part of its Programme for Change, my Department is further developing its capacity to collect and use data to support medium and longer term evidence-based policy formulation and implementation across all of its remit. There is already a wide range of data available to the Department with significant quantities in the public domain. While much of the data is currently collected by individual organisations as part of their remit, my Department is developing proposals to add value by drawing the data together to improve delivery of services and to support end-to-end views of systems. Several agencies of my Department already cooperate closely with their counterparts in Northern Ireland and this will continue and grow as our data analysis capacity increases. My Department is also in dialogue with the third level research community and other relevant actors with a view to developing a research programme.

Home Repossessions Rate

Questions (102)

Michael McGrath

Question:

102. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality the number of repossession orders for principal dwelling houses granted in County Cork and the number of these before the courts for the city and the county in each of the years 2014 to 2016 to date; and if she will make a statement on the matter. [14522/16]

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Written answers

The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have had enquiries made with the Courts Service and the table below sets out the position regarding civil bills and orders for possession in Cork from 1 January 2014 to 31 March 2016.

The Courts Service has advised that it is not in a position to provide a breakdown as to the location of a property within a county. It should be noted that orders for possession do not necessarily equate with repossessions as it is up to the person or company who obtained the order for possession to pursue its execution.

Year

Possession Orders granted - Primary Home

Possession Orders granted - Residential

Civil Bills lodged - Primary Home

Civil Bills lodged - Residential

2014 January - August

n/a

36

n/a

445

2014 September - December

18

n/a

123

n/a

2015

123

n/a

380

n/a

2016 January - March

22

n/a

94

n/a

Note:

- The Courts Service with effect from 1 January 2014 introduced a revised procedure for the compilation of statistical data in relation to possession Civil Bills. The system was further enhanced with effect from 1 September 2014. From January to August 2014 cases were categorised as being "Residential" or "Non-residential". From September 2014 the categorisation changed to "Primary Home", "Buy to Let" or "Other/Unknown." The Courts Service has included figures for Residential for January to August 2014 and for "Primary Home" thereafter.

- The table also provides data in respect of the number of possession civil bills lodged in respect of primary homes since 1 September 2014. It should also be noted that it is not always possible to determine from the possession civil bill lodged whether the proceedings relate to a Primary Home, Buy to Let or other type.

Visa Applications

Questions (103)

Kevin O'Keeffe

Question:

103. Deputy Kevin O'Keeffe asked the Tánaiste and Minister for Justice and Equality the status of an application by a person (details supplied) for a Visa. [14592/16]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to by the Deputy was received by the Visa Office in Dublin on 03/06/2016. Should all documentation be in order, the applicant can expect a decision by the end of June and will be notified of this decision by the Visa Office.

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 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 INIS is, in the Deputy’s view, inadequate or too long awaited.

In addition, applicants may themselves e-mail queries directly to the INIS (visamail@justice.ie).

Questions Nos. 104 to 108, inclusive, answered with Question No. 86.

Garda Recruitment

Questions (109, 110)

Pearse Doherty

Question:

109. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality why a person (details supplied) was not informed that a temporary clerical officer post at Ballyshannon Garda station in County Donegal had been relocated; why this person was not offered this post; and if she will make a statement on the matter. [14646/16]

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Pearse Doherty

Question:

110. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality why a person's (details supplied) name was removed from the panel for a vacant temporary clerical officer post in Ballyshannon Garda station; and if she will make a statement on the matter. [14647/16]

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Written answers

I propose to take Questions Nos. 109 and 110 together.

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including civilian personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of personnel is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.

Ballyshannon forms part of the wider Donegal Garda Division. I have been informed that the number of Gardaí, Reserves and civilians assigned to the Donegal Division on the 31 March 2016, the latest date for which figures are readily available, was 392, 26 and 28, respectively. Of these civilians, there were 3 assigned to Ballyshannon.

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

Garda Data

Questions (111)

Thomas Byrne

Question:

111. Deputy Thomas Byrne asked the Tánaiste and Minister for Justice and Equality further to the reply to Parliamentary Question No. 74 of 25 May 2016, if she will provide the number of gardaí who were and are mainly on front-line duties and not in desk jobs in tabular form for each of the years noted; and if she will make a statement on the matter. [14650/16]

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Written answers

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for managing and controlling generally the administration and business of An Garda Síochána and I, as Minister, have no direct role in the matter.

The Deputy will be aware from my reply to him on the 25 May 2016 of the number of members attached to the Meath Garda Division for each of the years 2011 - 2016. With regard to the number of members who were and are mainly on front line duties for the years concerned, I have requested this information from the Garda Commissioner and I will write to the Deputy on receipt of same.

Question No. 112 answered with Question No. 97.

Legislative Programme

Questions (113)

Willie Penrose

Question:

113. Deputy Willie Penrose asked the Tánaiste and Minister for Justice and Equality the status of the Criminal Justice (Spent Convictions and Certain Disclosures) Bill, which was before the Houses of the Oireachtas in February 2016; the important issues addressed therein; and if she will make a statement on the matter. [14696/16]

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Written answers

The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016, which completed all stages in the Oireachtas on 3rd February, was commenced in full on 29th April 2016.

The effect of the Act is that a person is not obliged to disclose certain convictions which are over 7 years old, subject to specified limitations. A person will not be penalised in law or incur any liability for failing to disclose a spent conviction.

A key impact of the Act is that where a person is applying for employment (other than employment which is exempt from the provisions of the Act), the applicant will not be obliged to disclose convictions that are spent.

In accordance with the provisions of the Act the following convictions are now spent:

1) All convictions in the District Court for Motoring offences which are more than 7 years old subject to the proviso that spent convictions for dangerous driving are limited to a single conviction.

2) All convictions in the District Court for minor public order offences which are more than 7 years old.

3) In addition, where a person has one, and only one, conviction (other than a motoring or public order offence) which resulted in a term of imprisonment of less than 12 months (or a fine) that conviction is spent after 7 years. This provision applies to either a District Court or Circuit Court conviction.

Sexual offences or convictions in the Central Criminal Court are not eligible to become spent convictions.

Crime Prevention

Questions (114)

Pat Deering

Question:

114. Deputy Pat Deering asked the Tánaiste and Minister for Justice and Equality if and when she will allocate funding for the provision of closed circuit television cameras in Tullow, County Carlow. [14739/16]

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Written answers

Section 38 of the Garda Síochána Act, 2005 sets out the provisions 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. In this context, the CCTV Advisory Committee has been established to advise on all aspects of CCTV operated for the purpose of increasing public safety and reducing the risk of anti-social and criminal activity.

This Committee also examines applications for CCTV projects and makes appropriate recommendations having regard to the provisions of the Garda Síochána Act and the Garda Policy for the Operation and use of CCTV schemes. I am informed that the Committee is not currently in receipt of an application to introduce a CCTV system in Tullow.

I am very conscious of the value that communities, especially rural communities, place on CCTV as a means of deterring crime and assisting in the detection of offenders. With this in mind, I instigated a review of the effectiveness of the Community CCTV Scheme in conjunction with the Garda authorities. The outcome of this review will inform the development of proposals to give effect to the Programme for a Partnership Government commitment to provide investment in CCTV systems at key locations along the road network and in urban centres.

The Deputy may also be aware that my colleague, the Minister for Environment, Community and Local Government, made an announcement in September 2015 in relation the provision of CCTV in rural areas which is to be funded from the Rural Development Programme 2014-2020.

Criminal Assets Bureau

Questions (115)

Clare Daly

Question:

115. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her proposals to establish a mini Criminal Assets Bureau. [14759/16]

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Written answers

As the Deputy may be aware the Programme for a Partnership Government contains a commitment to examine how communities can better engage with the Criminal Assets Bureau including provision of information on the suspected local use of the proceeds of crime and the potential of a smaller Criminal Assets bureau being established to target regional assets.

This work will now be brought forward by my Department in consultation with the Criminal Assets Bureau and An Garda Síochána and will include an examination of the legal framework underpinning the work of the Bureau.

By way of background, it is worth recalling that the Bureau was established as a national multi-disciplinary agency specialising in the targeting of proceeds of crime. There are very practical advantages to having such expertise located in one dedicated unit with the requisite authority to act on a national basis, particularly in a relatively small jurisdiction such as ours.

To achieve nationwide coverage, the Criminal Assets Bureau has for some considerable time maintained a presence in each of the Garda Divisions through the operation of the Divisional Assets Profiler Programme.

Under this Programme asset profilers are providing a criminal asset profiling service across the Garda Divisions in relation to persons or suspects operating within the area, with particular reference to those involved in serious and organised crime. The Bureau utilises the local knowledge supplied to it by the asset profilers which allows the Bureau to target the proceeds of crime in local communities. They also assist the Bureau with preparatory groundwork in advance of a full investigation and have recourse to the expertise and advice of the Bureau.

As at end April 2016 the number of trained Garda Asset Profilers is 200 plus 15 Revenue Customs and 3 Social Protection trained asset profilers making a total of 218 operating throughout the country.

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