Wednesday, 8 Jun 2016

Written Answers Nos. 116-132

Irish Prison Service

Questions (116)

Thomas P. Broughan

Question:

116. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the measures she is taking to address criminal activity and behaviour in the 18 to 24 year age group; when she will publish the strategy for the Prison Service for this category of offenders, given that it was due to be published by 31 December 2015; if she will extend Garda youth diversion projects to this age group; and if she will make a statement on the matter. [14772/16]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will be aware, a range of measures are in place to address adult offending behaviour generally, with the work of the Irish Prison Service and Probation Service playing a central role in this regard. The Joint Irish Prison Service and Probation Service Strategy, 2015-2017 sets out how the two services will work together with their statutory, voluntary and community sector partners to provide a multi-agency approach to offender management and rehabilitation from pre- to post-imprisonment.

Insofar as young adult offenders are concerned, the Probation Service has adopted a holistic response to a number of categories of young adult offenders, working closely with the Irish Prison Service. This includes some offenders aged up to and including 21 years who are subject to Probation Service supervision.

In working with these young adults the Probation Service:-

1. Completes pre-sanction reports to the Courts to assess the level of risk and need of offenders;

2. Provides probation supervision in the community to offenders to reduce their level of offending behaviour;

3. Funds, and works closely with, a variety of Community Based Organisations to address offenders' criminogenic factors to reduce offending behaviour.

The Deputy may also be familiar with the Report of the Penal Policy Review Group which was published in September 2014. The Review Group conducted a wide ranging strategic review of penal policy taking into account relevant work already completed in the jurisdiction and elsewhere, the rights of those convicted of crimes and the perspective of those who are victims of crime and the interests of society in general.

The Review Group’s Report contains 43 recommendations, one of which is that a programme similar to the Youth Diversion Programme be introduced for young people above the age of 18 years with an initial focus on 18 to 21 year olds. In this regard, the Review Group recommended that the relevant Departments and agencies, including An Garda Síochána, should immediately consult in relation to the most appropriate and effective means of targeting this group within the context of current and future resources. The Irish Youth Justice Service is currently engaged with An Garda Síochána in relation to the recommendation having regard to the experience of the existing Diversion Programme for persons under eighteen years of age. The Deputy might wish to note that the existing Diversion Programme is currently the subject of a comprehensive review by a group established by the Garda Commissioner. The outcome of this review will assist the Irish Youth Justice Service with its detailed consideration of the Penal Policy Review Group's recommendation.

I can also inform the Deputy that I have established a Penal Policy Implementation Oversight Group charged with overseeing work on the Penal Review Group recommendations, including the above. The Group is chaired by Dr. Mary Rogan, Associate Professor, School of Law, Trinity College who was a member of the Review Group. I expect to receive a report from this group shortly setting out the state of implementation, which I intend to publish, and will take stock at that point of the progress being made in examining all of the recommendations made by the Penal Policy Review Group.

Prisoner Rehabilitation Programmes

Questions (117)

Thomas P. Broughan

Question:

117. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the improvements she would like to see in the daily routine of Irish prisoners; the resources she will make available for these improvements; and if she will make a statement on the matter. [14773/16]

Written answers

Tánaiste and Minister for Justice and Equality

Rule 27(3) of the Prison Rules 2007 states "In so far as is practicable, each convicted prisoner should be engaged in authorised structured activity for a period of not less than five hours on each of five days in each week". I am advised by the Irish Prison Service that it provides a wide range of rehabilitative programmes to persons in custody that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes offer purposeful activity to those in custody while serving their sentences and encouraging them to lead law abiding lives on release. These programmes are available in all prisons and all persons in custody are eligible to use the services. Each prison also has fully equipped gymnasium that prisoners access on a structured basis.

In addition a total of 24 dedicated Integrated Sentence Management Coordinators are operational in all prisons and open centres since March 2015. The allocation of dedicated staff in each establishment greatly enhances the effectiveness of the sentence management system and facilitates the growing numbers of prisoners participating in the process. A review of the Integrated Sentence Management process is currently underway.

The Department of Education and Skills provides an allocation of 220 whole time teacher equivalents in partnership with the Irish Prison Service through the Education and Training Boards (ETB). The focus is on providing education which is quality assured, student centred and facilitates lifelong learning through helping those in custody to cope with their sentence, achieve personal development and prepare for life after release. A broad and flexible curriculum is provided which ranges from basic literacy classes and peer led tutoring to Open University. There is an increasing focus on QQI (formerly FETAC) accreditation as the modular structure is suitable to the needs of students in prison.

The Irish Prison Service has also been expanding the number of accredited courses and opportunities available to prisoners in Work Training in recent years. Enhanced partnership arrangements with accrediting bodies such as City and Guilds, the Scottish Qualifications Authority (SQA), and the Guild of Launders and Cleaners and the centralising of coordination and quality assurance arrangements have enabled the Irish Prison Service to extend the number of available courses and activities with certification.

The guiding principles which underpin the prisons' work and training service are to make available work, work-training and other purposeful activities to those in custody. Training activities are chosen to give as much variety as possible and also to give opportunities for those in prison to acquire practical accredited skills which will help them secure employment on release.

With regard to prisoner accommodation I am advised by the Irish Prison Service that as of the 12th February 2016, 98% of all prisoners have 24-hour access to toilet facilities. The number slopping out has decreased from 1,003 at the end of 2010 to just 56 on 7 April 2016, (Limerick 32 and Portlaoise 24).

I am advised by the Irish Prison Service that construction of a new wing at Limerick prison is planned to commence in the first quarter of next year. The Irish Prison Service has also recently finalised a business case for the construction of a replacement for the E-Block at Portlaoise prison. Subject to the necessary approvals and the availability of finance it is hoped to commence construction works there in mid-2017. When these developments are complete the practice of slopping out will have been completely eradicated from all of the prison estate.

I am further advised that the Irish Prison Service has included a specific strategic action which is exclusively aimed at prisoner support in its' Strategic Plan for 2016-2018, which I will be publishing later this month.

Prisoner Data

Questions (118)

Thomas P. Broughan

Question:

118. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of women, by length of sentence and by the number of repeat offenders, imprisoned in each of the years 2012 to 2016 to date; the additional resources she is providing to the Irish Prison Service and the Probation Service to address this growing trend; and if she will make a statement on the matter. [14774/16]

Written answers

Tánaiste and Minister for Justice and Equality

I am informed by the Irish Prison Service that the number of women committed under sentence in 2012 to 2015 categorised by length of sentence is set out in the table below, figures for 2016 are not yet available.

	Year 2012	Year 2013	Year 2014	Year 2015
< 3 Months	1,736	1,931	2,361	2,707
3 to < 6 Months	171	163	144	127
6 to < 12 Months	121	135	94	95
1 to < 2 Years	23	22	21	26
2 to < 3 Years	23	15	13	13
3 to < 5 Years	11	13	6	7
5 to < 10 Years	7	2	4	2
Life Sentence	0	3	1	2
Total	2,092 committals involving 1,860 women	2,284 committals involving 2,050 women	2,644 committals involving 2,408 women	2,979 committals involving 2,673 women

I am further informed by the Irish Prison Service that they do not collate information in relation to repeat offenders in the format requested by the Deputy. However, the Irish Prison Service Recidivism study for 2009 shows that 2,304 persons out of a total of 7,509 that were released in that year went on to re-offend within the first 6 months of release. As well as offences committed after expiration of sentence, this figure also includes offences committed before their official release date and this would take account of crimes committed while on early release, day release, and compassionate release. It also includes offences committed while in custody such as assaults and possession of mobile phones.

These figures were produced in partnership with the Central Statistics Office using a combination of Garda Síochána and Irish Prison Service records, based on the Irish Crime Classification System (ICCS). The study, which was published in December 2015, looked at the available data up to the end of 2012 to take account of the time to make a conviction and a broader 3 year analysis of recidivism.

In the joint Probation Service/Irish Prison Service Women's Strategy 2014 - 2016, An Effective Response to Women Who Offend, published in 2014, the Irish Prison Service made a commitment to explore the development of an open centre/open conditions for women assessed as low risk of re-offending.

This commitment was acknowledged in the Report on the Strategic Review of Penal Policy who also recommended that a greater focus on step down facilities, supported accommodation, use of more community based open conditions for female offenders and the provision of an open centre for women.

A joint Irish Prison Service/Probation Service working group considered an open centre for women and decided to recommend, rather than developing an open centre for women, that a more practical and cost effective way to address the deficit is to pursue step down facilities for women.

In this regard, I have given approval to the Heads of the Irish Prison Service and Probation Service to proceed to scope the possibilities for the development of step down units for female offenders and female ex-offenders.

Cyberbullying Issues

Questions (119)

Donnchadh Ó Laoghaire

Question:

119. Deputy Donnchadh Ó Laoghaire asked the Tánaiste and Minister for Justice and Equality if and when she plans to introduce legislation to combat cyberbullying; and if she will make a statement on the matter. [14779/16]

Written answers

Tánaiste and Minister for Justice and Equality

As set out in the Programme for Partnership Government, the new Government will ensure that robust protections are in place to fully protect children while online.

We will propose updated legislation to effectively deal with sexual offences including stronger sanctions aimed at protecting children from sexual exploitation, child abuse material and online grooming.

The Law Reform Commission (LRC) is currently carrying out a project on Cybercrime affecting personal safety, privacy and reputation, including cyberbullying. In November 2014 the LRC published an Issues Paper and sought the views of interested parties on the key issues it had identified. In April 2015 it held a seminar to discuss these issues. It is hoped that the LRC Report will be published in the coming months and its recommendations, including any proposals in relation to legislation, will be considered.

Naturalisation Applications

Questions (120)

Kevin O'Keeffe

Question:

120. Deputy Kevin O'Keeffe asked the Tánaiste and Minister for Justice and Equality the status of an application by a person (details supplied) for naturalisation status. [14794/16]

Written answers

Tánaiste and 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.

Deportation Orders

Questions (121)

Bernard Durkan

Question:

121. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of an application by a person (details supplied) under the residency status scheme; and if she will make a statement on the matter. [14963/16]

Written answers

Tánaiste and Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 14 August 2013. This Order requires the person concerned to remove themselves from the State and remain outside the State. Where a person fails to comply with the legal requirement to leave the State, the enforcement of the Deportation Order becomes a matter for the Garda National Immigration Bureau.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.

Garda Deployment

Questions (122)

Shane Cassells

Question:

122. Deputy Shane Cassells asked the Tánaiste and Minister for Justice and Equality if and when she will appoint a permanent chief superintendent for the Meath division of An Garda Síochána, given this county’s high population and that it has been without one for some time; and if she will make a statement on the matter. [14965/16]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including 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 members 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.

In relation to the specific query raised by the Deputy, I have requested this information from the Garda Commissioner and when it is to hand I will write directly to the Deputy.

Parliamentary Questions Data

Questions (123)

Éamon Ó Cuív

Question:

123. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality the number of representations she has received from Members of the Oireachtas and the number of these to which she had not issued a substantive reply by 31 May 2016, by month of initial receipt, from 1 January 2015 to 30 April 2016; and if she will make a statement on the matter. [15041/16]

Written answers

Tánaiste and Minister for Justice and Equality

The specific information requested by the Deputy cannot be easily derived from the main Ministerial Correspondence Tracking System in my Department. In particular, detailed information on the substance and timelines of the responses issued is not readily available from current records. However, in order to be of assistance to the Deputy, information can be provided in terms of the specific numbers of queries received and responded to from Members of the Oireachtas in the timeframe outlined. This information is currently being collated and verified and will be provided directly to the Deputy inasmuch as it is readily available.

In terms of overall correspondence levels, over 9,000 individual hard copy letters and e-mails addressed to me were logged on my Departmental correspondence system during the period in question.

In addition, a dedicated email enquiry service is provided by the Irish Naturalisation and Immigration Service (INIS), which has been established for the exclusive use of Oireachtas members.

This system processed a total of 5,327 queries/representations in the period 1 Jan 2015 to 30 April 2016. Responses to these queries issued in all cases; in some cases seeking further clarification in order to assist with the query.

Garda Vetting Applications

Questions (124)

Robert Troy

Question:

124. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality the reason for the delay in An Garda Síochána vetting a person (details supplied). [15073/16]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will be aware, I have sought further information from him with regard to the person to whom he refers in order for the Garda Authorities to be in a position to pursue his query. The Deputy should note that while the current average processing time for vetting applications is four weeks, in some individual cases additional enquiries may be necessary and this may result in processing times in excess of the average.

Disabled Drivers and Passengers Scheme

Questions (125, 135)

Clare Daly

Question:

125. Deputy Clare Daly asked the Minister for Finance why a person registered disabled due to mobility has to apply for a primary medical certificate and value added tax and vehicle registration tax relief when purchasing a modified car; and if he will make a statement on the matter. [14309/16]

Robert Troy

Question:

135. Deputy Robert Troy asked the Minister for Finance why he has not included mobility caused by cancer within the medical criteria under the disabled drivers and disabled passengers tax concession scheme, as in the case of a person (details supplied). [14327/16]

Written answers

Minister for Finance

I propose to take Questions Nos. 125 and 135 together.

The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from VAT and VRT (up to a certain limit) on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities, payment of a fuel grant, and an exemption from Motor Tax.

To qualify for the Scheme an applicant must be in possession of a Primary Medical Certificate. To obtain a Primary Medical Certificate, an applicant must be permanently and severely disabled within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 and satisfy one of the following conditions:

- be wholly or almost wholly without the use of both legs;

- be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;

- be without both hands or without both arms;

- be without one or both legs;

- be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;

- have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.

The Senior Medical Officer for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria. A successful applicant is provided with a Primary Medical Certificate, which is required under the Regulations to claim the reliefs provided for in the Regulations. An unsuccessful applicant can appeal the decision of the Senior Medical Officer to the Disabled Drivers Medical Board of Appeal, which makes a new clinical determination in respect of the individual. The Regulations mandate that the Medical Board of Appeal is independent in the exercise of its functions to ensure the integrity of its clinical determinations. After six months a citizen can reapply if there is a deterioration in their condition.

The six qualifying criteria are necessarily precise and specific to this Scheme.

The Scheme represents a significant tax expenditure. Between the Vehicle Registration Tax and VAT foregone, and the repayment of excise on fuel used by members of the Scheme, the Scheme represented a cost of €50.3 million to the Exchequer in 2015, an increase from €48.6 million in 2014. These figures do not include the revenue foregone to the Local Government Fund in the respect of the relief from Motor Tax provided to members of the Scheme. 

Given the scale and scope of the Scheme, I have no plans to expand the medical criteria beyond the six currently provided for in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994.

Student Accommodation

Questions (126)

Robert Troy

Question:

126. Deputy Robert Troy asked the Minister for Finance to consider extending the exemption of social housing from VAT to third level institutions which possess landbanks to facilitate them in constructing student accommodation. [14252/16]

Written answers

Minister for Finance

The reduced rate of 13.5% applies to residential housing which includes social housing.  The provision of student accommodation is exempt under Irish VAT rules in accordance with Schedule 1 of the VAT Consolidation Act.  While VAT is therefore not levied on the rents, the landlord is prohibited from recovering the VAT incurred on the acquisition or development of the property being let.

The zero rate of VAT (providing exemption with deductibility) cannot be applied to the provision of student accommodation.  The VAT rating of goods and services is subject to EU VAT law, primarily Council Directive 2006/112/EC, with which Irish VAT law must comply. The zero rate of VAT cannot be applied to any goods or services unless the zero rate applied to those goods and services on and from 1 January 1991. 

IBRC Liquidation

Questions (127, 128)

Pearse Doherty

Question:

127. Deputy Pearse Doherty asked the Minister for Finance the status of former employees of the Irish Bank Resolution Corporation as creditors in the liquidation process; and if he will make a statement on the matter. [14272/16]

Pearse Doherty

Question:

128. Deputy Pearse Doherty asked the Minister for Finance if former workers at Irish Bank Resolution Corporation will receive four weeks' redundancy pay less statutory pay, given the latest report on the liquidation of the Irish Bank Resolution Corporation; and if he will make a statement on the matter. [14273/16]

Written answers

Minister for Finance

I propose to take Questions Nos. 127 and 128 together.

I am advised by the Special Liquidators of IBRC that all of the preferential creditor payments to former employees of IBRC have been processed for payment.

The unsecured creditor claims of former employees of IBRC are in the process of being adjudicated on by the Special Liquidators. Only valid and agreed unsecured creditor claims of former employees will rank for payment as an unsecured creditor of the liquidation.

IBRC Liquidation

Questions (129)

Pearse Doherty

Question:

129. Deputy Pearse Doherty asked the Minister for Finance the unsecured creditors at the Irish Bank Resolution Corporation who have applied for funds from the liquidation; the value of their applications; the payment in each case; and if he will make a statement on the matter. [14274/16]

Written answers

Minister for Finance

I am advised by the Special Liquidators that they are not in a position to divulge this information given the supplier / client confidentiality relationship and commercial sensitivities around same.

A third progress update report on the Special Liquidation of IBRC was recently published and is available on the Department of Finance website at http://www.finance.gov.ie/sites/default/files/Progress%20update%20report_31%20Dec%202015_0.pdf. I would like to draw the Deputy's attention to pages 21-25 of this report which is a section on the creditor adjudication process as part of the Special Liquidation of IBRC.

North-South Ministerial Council

Questions (130)

Peadar Tóibín

Question:

130. Deputy Peadar Tóibín asked the Minister for Finance the State bodies under his remit which have developed memoranda of understanding with his counterpart in Northern Ireland with regard to the efficient delivery of services on the island of Ireland; if he has carried out a cost-benefit analysis of the development of further memoranda of understanding; the details of this; and the new memorandums of understanding he will create between State bodies given their remit. [14282/16]

Written answers

Minister for Finance

In response to the Deputy's question I would like to highlight that there are 18 bodies under the remit of my Department. I have been advised by those bodies that none has such Memorandums of Understanding with my counterpart in Northern Ireland.  I have no plans at this point in time to develop a Memorandum of Understanding with my counterpart in Northern Ireland and I have not carried out a  cost/benefit analysis  with regard to the development of further Memorandums of Understanding  with regard to the efficient delivery of services on the island of Ireland. However, if the need arises in the future I will review the situation and I will consult with my Government colleagues.  

Name of Body	Memoranda of understanding in existence?	Cost/benefit analysis being carried out on further Memorandums of understanding	Details of Cost/Benefit Analysis	Any new Memoranda of Understanding due to be created
Tax Appeals Commission	No	N/A	N/A	No
C&AG's	Nil Response	N/A	N/A	N/A
Central Bank	Nil Response	N/A	N/A	N/A
Credit Reviewer	No	N/a	N/a	No
Credit Union Advisory Committee	Nil	Nil	Nil	Nil
Credit Union Restructuring Board	Nil	Nil	Nil	Nil
Disabled Drivers Medical Board of Appeal	Nil Response	N/A	N/A	N/A
Financial Services Ombudsman Bureau	Nil Response	N/A	N/A	N/A
Financial Services Ombudsman Council	Nil Response	N/A	N/A	N/A
Investor Compensation Company Ltd.	Nil Response	N/A	N/A	N/A
Irish Bank Resolution Corporation	Not applicable	N/a	N/A	N/A
Irish Financial Services Appeals Tribunal	Nil Response	N/A	N/A	N/A
Irish Fiscal Advisory Council	Nil Response	N/A	N/A	N/A
National Asset Management Agency	Nil	-	-	-
National Treasury Management Agency (The Board)	Ni	-	-	-
Office of the Revenue Commissioners	Nil Response	N/A	N/A	N/A
Social Finance Foundation	Nil Response	N/A	N/A	N/A
Strategic Banking Corporation of Ireland	Nil Response	N/A	N/A	N/A

Property Tax Deferrals

Questions (131)

Louise O'Reilly

Question:

131. Deputy Louise O'Reilly asked the Minister for Finance if a person (details supplied) can get a deferral of the local property tax based on personal circumstances; and if he will make a statement on the matter. [14294/16]

Written answers

Minister for Finance

I am advised by Revenue that direct contact has been made with the person concerned. Supporting documentation is now awaited so that entitlement for deferral from Local Property Tax (LPT) can be fully considered by Revenue.

Home Repossessions

Questions (132)

Seamus Healy

Question:

132. Deputy Seamus Healy asked the Minister for Finance if he will address a matter (details supplied) regarding a repossession. [14295/16]

Written answers

Minister for Finance

As the deputy will understand, it would be inappropriate for me to comment on individual cases, or to intervene in any dispute that remains the subject of ongoing legal proceedings. The Relationship Framework in place between the State and the institution concerned also ensures that I cannot interfere in the day to day running of that organisation.

If the Deputy has concerns about the manner in which this case was conducted, it would be appropriate for him to raise the issue with the Department of Justice.