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Wednesday, 22 Jun 2016

Written Answers Nos. 38-47

Legislative Programme

Questions (38)

Catherine Murphy

Question:

38. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the reason for the delay in publishing the criminal justice (corruption) Bill; the steps she is taking to address the outstanding issues; and if she will make a statement on the matter. [17099/16]

View answer

Written answers

Drafting of the Criminal Justice (Corruption) Bill is at an advanced stage. There are some outstanding matters to be resolved before the Bill can be submitted to Government for approval and publication, and it is intended that the Bill will be published later this year.

Traveller Community

Questions (39)

Gino Kenny

Question:

39. Deputy Gino Kenny asked the Tánaiste and Minister for Justice and Equality if she is considering recognising the ethnicity of Travellers during the lifetime of this Government. [17153/16]

View answer

Written answers

The issue of Traveller ethnicity is being considered within the context of discussions on the new National Traveller and Roma Inclusion Strategy. The final phase of a three phase consultative process in terms of the development of that Inclusion Strategy is currently underway at a cross-Departmental level under the coordination of my officials. There will be a further round of public consultations with interested parties, as part of that process, in September 2016.

It is important that the discussion on this issue be an inclusive one, including members of broader Irish society, so that we can develop a greater understanding within society in general of the issue. I have initiated discussion with Traveller interests on this question of how work on involving mainstream Irish society in the discussion can be taken forward in the context of finalisation of the new Traveller and Roma Inclusion Strategy.

Domestic Violence Policy

Questions (40)

Ruth Coppinger

Question:

40. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality her views on the Women's Aid impact report 2015; and if she will make a statement on the matter. [17129/16]

View answer

Written answers

Last Wednesday I launched the Women’s Aid Impact Report 2015. The 16,000 disclosures reported to Women’s Aid of domestic violence in 2015 and almost 6000 disclosures of child abuse represent 9,300 individuals ringing the phoneline. This serves as a stark reminder that the menace that is domestic violence remains a major problem for this society and that we must do all we can to end it.

This Government, and I as Tánaiste and Minister for Justice, remain committed to tackling domestic violence. There is a commitment in the Programme for Government to full implementation of the Istanbul Convention.

All the actions required for ratification of the Istanbul Convention are included in the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021 which was launched in January. The bulk of the strategy’s actions focus on supporting victims and holding perpetrators to account. The Programme for Government also commits to the implementation of the strategy.

It is my intention to publish the Domestic Violence Bill this year. The Bill will improve access to barring orders and provide for greater supports for victims in the court process in areas such as court accompaniment.

Protecting and supporting victims is a key priority. The proposed legislation to support victims of domestic violence builds on the broader Criminal Justice (Victims of Crime Bill) Bill which is being drafted for publication as a priority.

I’m particularly pleased to have secured almost €1m for 2016 to undertake the development and implementation of a national awareness campaign, which will run for six years, in order to change behaviours and attitudes in relation to domestic and sexual violence, and to activate bystanders with the aim of preventing domestic violence. Much progress has been made in advancing this campaign.

It is my hope that actions being undertaken by my Department and others to tackle the scourge of domestic violence will improve the situation for women and children and remove any barriers to them seeking the support they need.

Road Traffic Legislation

Questions (41)

Thomas P. Broughan

Question:

41. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the status of section 22 of the Road Traffic Act 2002 regarding the offence of not producing a driving licence in court and the wording of summonses to inform persons of this offence; if she has rectified this; and if she will make a statement on the matter. [17101/16]

View answer

Written answers

The Deputy will be aware that all summonses issued by the Courts Service since 16 May 2012, to which Section 22 of the Road Traffic Act 2002, as amended, applies, include the additional requirement that a person must also produce to the Court a legible copy of his/her driving licence or learning permit.

Issues surrounding the implementation of this section, including the question of the wording of summonses, is continuing to receive attention, in consultation with relevant agencies.

Garda Deployment

Questions (42)

Seán Fleming

Question:

42. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality the number of Garda stations and the number of gardaí in each in counties Laois and Offaly on 30 April 2011 and on 30 April 2016. [17090/16]

View answer

Written answers

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 continuing review taking into account crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

I have been informed by the Garda Commissioner, in summary, that there were 27 stations on 30 April 2011 with 318 members assigned to the Laois / Offaly Division. On 30 April 2016 there were 24 stations in the Laois / Offaly Division with 286 Gardaí assigned to the Division. As the Deputy will understand, there is a significant amount of information available down to station / sub-district level which he has requested. For ease of reference I have provided a breakdown of the detailed information requested for the record.

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. Key to achieving this goal is the commitment in the Programme for Government, "A Programme for a Partnership Government" to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000.

As the Deputy will be aware, when the financial crisis hit, the Government of the time introduced a moratorium on recruitment and the four year National Recovery Plan, published in 2010, envisaged a steady reduction in Garda numbers. Thankfully, in a recovering economy, we were able to reopen the Garda College in September 2014, and a total of 700 Garda trainees have been recruited with a further 450 planned to be recruited during the remainder of this year. So far 463 of the new Garda trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide. Another 76 will attest on the 7 July with 150 more to attest in November. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí and that 24 newly attested Gardaí have been assigned to the Laois / Offaly Garda Division to date.

Taking account of projected retirements, the current rate of recruitment will bring Garda numbers to around the 13,000 mark this year. We must, I believe, endeavour to make more rapid progress than this to reach our target of 15,000 and I am engaging with my colleague, the Minister for Public Expenditure and Reform, in relation to increasing the planned annual intake this year and in coming years.

My officials are also engaging with Garda management as a matter of priority in relation to the preparation of a recruitment plan for the next five years that will deliver increased numbers of Garda without compromising the quality of the training and supervision of new recruits.

Division of Laois / Offaly 30 April 2016: Total = 286

Division

District

Station

Members

LAOIS / OFFALY

BIRR

BANAGHER

5

BIRR Total

42

BIRR

27

CLOGHAN

1

FERBANE

5

KILCORMAC

2

KINNITTY

1

SHINRONE

1

PORTLAOISE

ABBEYLEIX

19

ARLES

1

BALLYLINAN

2

BORRIS-IN-OSSORY

1

CLONASLEE

1

DURROW

1

MOUNTMELLICK

6

MOUNTRATH

3

PORTARLINGTON

11

PORTLAOISE

103

RATHDOWNEY

2

STRADBALLY

2

PORTLAOISE Total

152

TULLAMORE

CLARA

3

DAINGEAN

2

EDENDERRY

12

RHODE

1

TULLAMORE

74

TULLAMORE Total

92

Division of Laois / Offaly 30 April 2011: Total = 318

Division

District

Station

Members

Laois / Offaly

ABBEYLEIX

26

ARLES

2

BALLACOLLA

1

BALLINAKILL

1

BALLYLINAN

4

BORRIS-IN-OSSORY

1

DURROW

2

RATHDOWNEY

3

ABBEYLEIX

Total

40

BANAGHER

5

BIRR

30

CLOGHAN

1

FERBANE

5

KILCORMAC

2

KINNITTY

1

SHANNONBRIDGE

1

SHINRONE

2

BIRR

Total

47

CLONASLEE

2

MOUNTMELLICK

7

MOUNTRATH

3

PORTARLINGTON

14

PORTLAOISE

107

STRADBALLY

1

PORTLAOISE

Total

134

CLARA

4

DAINGEAN

1

EDENDERRY

13

RHODE

2

TULLAMORE

77

TULLAMORE

Total

97

Rights of People with Disabilities

Questions (43)

Thomas P. Broughan

Question:

43. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the status of the roadmap to ratification of the United Nations Convention on the Rights of Persons with Disabilities; if she will prioritise the legislation necessary to ratify it by the end of 2016; and if she will make a statement on the matter. [13676/16]

View answer

Written answers

On 21 October 2015, the previous Government published a roadmap to Ireland’s ratification of the United Nations Convention on the Rights of Persons with Disabilities, which outlines the considerable legislative changes to be undertaken to enable Ireland to ratify the Convention, along with the estimated deadline of end-2016 for ratification. The Roadmap to Ratification, which is available on my Department’s website, sets out the substantial legislative agenda required for ratification. We are on track to ratify the Convention within 6 months.

Considerable progress has already been made to overcome barriers to Ireland’s ratification. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015, and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Bill 2015 was passed by the Seanad on 26 January this year. When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial.

Work is also underway on drawing up an Equality/Disability (Miscellaneous Provisions) Bill to progress miscellaneous legislative amendments necessary to proceed to ratification. It is intended that the Bill will address issues such as the Convention's requirements in relation to reasonable accommodation and deprivation of liberty, as well as removing archaic references in existing legislation relating to mental health. It is intended to publish the General Scheme of the Equality/Disability (Miscellaneous Provisions) Bill very shortly.

Garda Operations

Questions (44)

Bernard Durkan

Question:

44. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality her plans and proposals to enhance the fight against organised crime with reference to the need to protect law-abiding communities, challenge the membership and activity of criminal gangs, mobilise and adequately equip the relevant units in An Garda Síochána, arrange for any required changes in legislation and utilise the services of Europol and Interpol with a view to discouraging and disincentivising the formation and activity of criminal gangs; and if she will make a statement on the matter. [17127/16]

View answer

Written answers

An Garda Síochána's Policing Plan sets out the priorities of An Garda Síochána including its continued commitment to pro-actively target groups and individuals engaged in criminal activity, including organised criminal activities.

In tackling such activity, An Garda Síochána continues to develop and implement operations and strategies aimed at targeting, dismantling and disrupting criminal networks, utilising advanced analytical and intelligence methodologies. Multi-disciplinary approaches are also utilised to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted, including through the use of the proceeds of crimes legislation, money-laundering legislation, and the powers of the Criminal Assets Bureau.

An Garda Síochána also maintains close liaison with other law enforcement agencies internationally and the work of Garda liaison officers who are permanently based in other jurisdictions and in international bodies such as Interpol and Europol, greatly facilitate the prompt exchange of information and intelligence on criminal activity. Such international liaison has led to many parallel investigations with international law enforcement agencies.

Having regard to more recent serious organised crime activity, a number of targeted additional measures have been announced in support of the work of An Garda Síochána.

I have just recently announced a range of measures including legislative proposals to provide additional powers to the Criminal Assets Bureau in targeting the proceeds of crime, an additional allocation of €55 million to be made available to An Garda Síochána this year in support of targeted measure and a review of our legislation to see whether there are other changes in the law which might be made to address the reality of groups intent on carrying out a sustained series of killings while endangering the safety of communities.

The Garda Commissioner has also announced the establishment of a new Garda Special Crime Task Force to augment existing responses to organised crime at a local level.

In addition, at the request of the Garda Commissioner earlier this year, funding was approved for the establishment of a dedicated Armed Support Unit (ASU) for the Dublin Metropolitan Region in order to enhanced armed support capability in Dublin and to free up the resources of the Emergency Response Unit.

These measures have been brought forward alongside the proposals announced for accelerated recruitment into An Garda Síochána.

I can assure the Deputy that tackling organised crime is a priority for the Government and An Garda Síochána.

Mortgage Arrears Proposals

Questions (45)

Brendan Howlin

Question:

45. Deputy Brendan Howlin asked the Tánaiste and Minister for Justice and Equality the progress on the new scheme of access to independent legal and financial advice for those in home mortgage arrears announced in January 2016; and if she will make a statement on the matter. [17140/16]

View answer

Written answers

I am pleased to inform the Deputy that work on the new scheme of access to independent legal and financial advice for those in home mortgage arrears is at a very advanced stage.

That work has been progressed by my Department and the Department of Social Protection, working together with MABS (the Money Advice and Budgeting Service), the Insolvency Service, the Legal Aid Board and the Citizens Information Board. There has been intensive work to finalise the different components of the Scheme.

The changes to the legal aid regulations needed to allow provision of legal aid and advice under the Scheme came into effect on 23 May 2016 (Civil Legal Aid Regulations 2016, S.I. No. 212/2016). Protocols have been agreed for provision of services under the Scheme, and panels have been set up of personal insolvency practitioners and solicitors with relevant expertise to provide advice and assistance.

The final elements of the Scheme are currently being completed and I expect to be in a position to announce the scheme's commencement by an early date.

Domestic Violence Policy

Questions (46)

Ruth Coppinger

Question:

46. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality the measures she will take to overcome barriers to safety, outlined in the Women's Aid impact report 2015; and if she will make a statement on the matter. [17130/16]

View answer

Written answers

Last Wednesday I launched the Women’s Aid Impact Report 2015. The 16,000 disclosures reported to Women’s Aid of domestic violence in 2015 and almost 6000 disclosures of child abuse represent 9,300 individuals ringing the phoneline. This serves as a stark reminder that the menace that is domestic violence remains a major problem for this society and that we must do all we can to end it.

This Government, and I as Tánaiste and Minister for Justice, remain committed to tackling domestic violence. There is a commitment in the Programme for Government to full implementation of the Istanbul Convention.

All the actions required for ratification of the Istanbul Convention are included in the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021 which was launched in January. The bulk of the strategy’s actions focus on supporting victims and holding perpetrators to account. The Programme for Government also commits to the implementation of the strategy.

It is my intention to publish the Domestic Violence Bill this year. The Bill will improve access to barring orders and provide for greater supports for victims in the court process in areas such as court accompaniment.

Protecting and supporting victims is a key priority. The proposed legislation to support victims of domestic violence builds on the broader Criminal Justice (Victims of Crime) Bill which is being drafted for publication as a priority.

I am particularly pleased to have secured almost €1m for 2016 to undertake the development and implementation of a national awareness campaign, which will run for six years, in order to change behaviours and attitudes in relation to domestic and sexual violence, and to activate bystanders with the aim of preventing domestic violence. Much progress has been made in advancing this campaign.

It is my hope that actions being undertaken by my Department and others to tackle the scourge of domestic violence will improve the situation for women and children and remove any barriers to them seeking the support they need.

Work Permits Eligibility

Questions (47)

Thomas Pringle

Question:

47. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality why she has not implemented the right to work for asylum seekers after nine months, as recommended in the McMahon report; if she will do so; and if she will make a statement on the matter. [17111/16]

View answer

Written answers

Section 9(4)(b) of the Refugee Act 1996 provides that applicants for international protection shall not seek or enter employment or carry on any business, trade or profession during the period before the final determination of their application. This prohibition is restated in the International Protection Act 2015 which is expected to be commenced later this year. The key concern in this regard is that both the asylum process and the wider immigration system would be undermined by giving immigrants who secure entry to the State, on foot of claims to asylum, the same access to employment as immigrants who follow the lawful route to employment. There is an effective visa and immigration system in place for those who wish to lawfully migrate to the State for employment purposes. Any change in public policy with regard to 'right to work' would also have to have regard to the unemployment situation pertaining in the State at any given time.

The Deputy will, however, be aware that the International Protection Act provides for the introduction of a single application procedure for international protection, which is specifically aimed at addressing the length of time persons spend in the protection process. The new procedure will streamline and speed up the processing of protection applications and will significantly reduce the length of time that persons spend awaiting a decision on their protection application. The commencement of the single procedure and its development to a point where it is operating efficiently will respond to this particular recommendation of the Working Group Report. To be clear, the recommendation in the Working Group did not confer an automatic right to work. Rather it proposed an enabling provision only in the event that the single protection procedure did not operate as anticipated in relation to processing timescales. I might add that general policies in relation to access to the labour market have been the subject of change in a number of EU Member States in the past number of months with a general tightening of regulations evident. Our policy in this area will be kept under review taking into account all relevant factors.

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