Written Answers Nos. 160-173
160. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the legal options available to the charities regulator to put in place interim arrangements to the board of a charity following a complaint being highlighted; if arrangements are being reviewed; and if she will make a statement on the matter. [20890/16]
View answerThe Charities Regulatory Authority ('Charities Regulator') has the power to appoint additional charitable trustees under Section 43 of the Charities Act 1961 as amended by Section 14 of the 1973 Charities Act.
The Deputy will be aware that I recently signed the Commencement Order to bring Part 4 of the Charities Act 2009 into effect from 5 September 2016. When Part 4 of the Act comes fully into effect on that date, Section 74 of the 2009 Act allows the Regulator to seek a High Court order to suspend, or remove, any charitable trustee or member of staff and also allows the Regulator to seek an order of the court to appoint person or persons it considers appropriate to act as a charity trustee, in addition to, or instead of, existing charitable trustees.
161. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if all accusations or allegations of any political interference relating to a case (details supplied) have been or will be thoroughly investigated; and if she will make a statement on the matter. [20898/16]
View answer162. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if all the participants in a recently broadcast documentary (details supplied) were interviewed by the gardaí who are conducting an ongoing investigation of the case; and if she will make a statement on the matter. [20899/16]
View answer163. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if she or her Departmental officials are aware of a documentary (details supplied) and the allegations made therein; if any investigations or extra resources will be put into the ongoing investigation as a result; and if she will make a statement on the matter. [20900/16]
View answerI propose to take Questions Nos. 161 to 163, inclusive, together.
The Deputy will appreciate that management of particular Garda investigations, including the allocation of resources, and the identification of lines of inquiry, are matters in the first instance for the Garda authorities and I have no direct role in this regard. I can, however, assure the Deputy that I am aware of the various concerns which have been raised, including the suggestions and allegations contained in a recently published on-line documentary about the case. I am advised that the Garda investigation in relation to the case referred to is ongoing and that the Serious Crime Review Team (SCRT) has recently been requested to examine this case, as a matter of priority, ensuring that all avenues of enquiry are fully explored and addressed. In this context the Deputy will appreciate that it would not be appropriate for me to make any more detailed comment on the matters referred to. I will contact the Deputy directly when further information is to hand.
164. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality if there will be immediate implications on the common travel area between Ireland and the United Kingdom following on from Brexit; and if she will make a statement on the matter. [19472/16]
View answerThere are no immediate implications for the Common Travel Area (CTA) arising from the UK referendum result. People can still travel as normal between Ireland and the UK, including Northern Ireland.
The Common Travel Area has been in existence since 1922. It is an important feature of the close relationship between Ireland and the UK with long-established benefits for trade and tourism between our two countries. It operates across a range of areas including allowing for free movement between Ireland and the UK, and access to social welfare.
It is an arrangement that is valued on both islands. It is a priority of the Irish Government to maintain the Common Travel Area and this will be reflected in the negotiations with the United Kingdom. I, and the Government, will pursue an agreement to maintain such arrangements in a way that is compatible with both our national interests and the interests of the European Union.
165. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of emergency 999 calls received for Coolock and Raheny garda stations per month from 1 January 2015 to 1 July 2016; and if she will make a statement on the matter. [21072/16]
View answerI am informed by the Garda authorities that the Communications Centre in the Dublin Metropolitan Region is responsible for the management of all emergency calls received to the emergency line-999 within the DMR. The following table represents the number of incidents recorded in the Communications Centre for the Coolock and Raheny areas between 1st January, 2015 and 1st July, 2016:
|
- |
Coolock District |
Raheny District |
|
|
Monthly Total |
Monthly Total |
||
|
Jan-15 |
1219 |
Jan-15 |
872 |
|
Feb-15 |
1237 |
Feb-15 |
767 |
|
Mar-15 |
1323 |
Mar-15 |
929 |
|
Apr-15 |
1416 |
Apr-15 |
1022 |
|
May-15 |
1379 |
May-15 |
948 |
|
Jun-15 |
1225 |
Jun-15 |
976 |
|
Jul-15 |
1236 |
Jul-15 |
938 |
|
Aug-15 |
1264 |
Aug-15 |
888 |
|
Sep-15 |
1451 |
Sep-15 |
1026 |
|
Oct-15 |
1573 |
Oct-15 |
1131 |
|
Nov-15 |
1353 |
Nov-15 |
850 |
|
Dec-15 |
1339 |
Dec-15 |
958 |
|
Total |
16015 |
Total |
11305 |
|
Jan-16 |
1152 |
Jan-16 |
736 |
|
Feb-16 |
976 |
Feb-16 |
724 |
|
Mar-16 |
1344 |
Mar-16 |
775 |
|
Apr-16 |
1251 |
Apr-16 |
807 |
|
May-16 |
1285 |
May-16 |
848 |
|
Jun-16 |
1285 |
Jun-16 |
750 |
|
Total |
7293 |
Total |
4640 |
Local Garda Management closely monitors the allocation of all resources, including mobile units, in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level, to ensure that optimum use is made of Garda resources and that the best possible Garda service is provided to the public. Every effort is made to ensure that all calls received are attended to in a timely manner and this situation is kept under review.
166. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality the number of licensees who have been prosecuted and or convicted of an offence under section 4 of the Intoxicating Liquor Act 2003; and if she will make a statement on the matter. [21080/16]
View answerThe Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of the official recorded crime statistics, and the CSO has established a dedicated unit for this purpose. I have asked the CSO to forward the available statistics in relation to the information requested directly to the Deputy
167. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality why the services of the training and employment officers of the Irish Association for the Social Integration of Offenders, IASIO, are only available to persons who are stable on methadone or free of drug and alcohol abuse problems; if this rule helps to place persons with drug or alcohol problems in a cycle of addiction and crime by preventing them from accessing services; and if she will make a statement on the matter. [21090/16]
View answerI am advised by the Irish Prison Service that the service works in collaboration with a range of key statutory and community services to facilitate the effective and safe transition of prisoners from custody to community.
The Irish Prison Service works with the Irish Association for the Social Integration of Offenders (IASIO) to provide two prison based operational services, the 'Gate' Service and the 'Resettlement' Service, while the Probation Service works with the IASIO to provide the community-based 'Linkage' Service. The Training and Employment Officer (TEO) role is common to both the Linkage and Gate Services.
The TEO and the referred client work together to identify an improved pathway in life away from a life of offending. This includes working to identify and remove any barriers that stand in the way of positive change, and setting out the necessary steps to achieving a new way of life. In practical terms, this means guiding people into employment or training and educational programmes that help the person realise their ultimate goals.
I am advised by the Irish Prison Service that access to the IASIO’s Linkage and Gate services does not depend on methadone stability or the absence of drug and alcohol abuse issues, rather it depends on the person’s overall ability and motivation to engage with the change process. It is common for Linkage and Gate Service clients to have some form of substance misuse issue but still be capable of working with the TEO to identify an alternative life-course and engage with other support services to achieve this aim. The IASIO report that even for some individuals in active and consistent addiction, criminal justice interventions such as imprisonment can provide periods of stability that allow the TEO and other services to provide a meaningful intervention for that person. In some cases, the TEO led guidance process results in the decision not to place someone in training, education or employment because they currently lack the necessary stability to engage effectively.
The IASIO TEOs endeavour to help every person referred to their service to achieve as much as their capacity to engage at that point in their life allows. The IASIO TEOs are part of a wider multi-disciplinary team, including an addiction counselling service and others, that work to encourage prisoners to move away from offending behaviour and achieve the type of personal change that benefits both the person and the wider community.
168. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality why a person (details supplied) has been waiting for eight months on remand in a prison (details supplied) to find out if he is entitled to drug treatment. [21091/16]
View answerI have been advised by the Irish Prison Service (IPS) that the objective of healthcare within the IPS is to provide prisoners with access to the same quality and range of health services as available to persons entitled to General Medical Services in the community.
Any person on committal to prison providing a history of illicit substance misuse and testing positive for opioids is offered a medically assisted symptomatic detoxification for operational reasons. Patients can, as part of the assessment process, discuss other treatment options with healthcare staff; those options may include stabilisation on methadone maintenance for persons who wish to continue on maintenance while in prison and when they return to the community on release.
Persons in custody presenting with addiction issues have access to specialist addiction services, and are actively encouraged to engage with those services.
I can advise the deputy that the IPS have confirmed that the person referred to is receiving appropriate medical treatment in the Midlands Prison.
169. Deputy Jackie Cahill asked the Tánaiste and Minister for Justice and Equality if she will reverse the decision to close the Garda station in Templemore, County Tipperary at night time as it is placing the residents of Templemore and the surrounding areas at a greater risk of being victims of crime and is a serious downgrading of the Garda presence in the area; and if she will make a statement on the matter. [21138/16]
View answerThe Deputy will appreciate that decisions in relation to Garda station opening hours are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.
I have however, been advised by the Garda authorities that Templemore Garda Station operates on a 24-hour basis and is not closed at night time.
Local Garda management keeps under continuous review the allocation of all resources, including mobile units in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level, to ensure that optimum use is made of Garda resources and that the best possible Garda service is provided to the public.
170. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her views regarding Garda involvement in the shooting dead of a number of cattle on a farm in County Monaghan on 5 July 2016 as part of a debt recovery exercise. [21157/16]
View answerAs the Deputy is aware, the Defence Forces carried out the humane cull of five animals on a farm in Co. Monaghan. It is not correct, as has been alleged, that the cattle were treated inhumanely or that this case involves the operation of debt collectors. This operation was carried out at the request of the Official Assignee in Bankruptcy who is responsible for the herd of cattle on that farm, and it was done in conjunction with An Garda Síochána, and with the Department of Agriculture, Food and the Marine as well as with the Defence Forces.
While there is a long history to this particular case, I can inform the Deputy that following failed efforts to round up the five animals and, with a significant concern about public safety, on 4th July, and at the request of the Official Assignee, a decision was taken involving the Gardaí, the Official Assignee and the Department of Agriculture, Food and the Marine that the optimal course of action was that these animals should be culled.
The Garda Commissioner is directly responsible for Garda operational matters, including the direction and control of Garda members. I have no direct role in relation to these matters. I am informed that members of An Garda Síochána did not engage in civil debt recovery activities and were not involved in the shooting of the livestock. They attended the lands at Carrickmacross, Co. Monaghan to deal with any breach of the peace that may have occurred. Members of An Garda Síochána may attend at such incidents in order to prevent a breach of the peace or a criminal offence occurring and in complying with the functions of An Garda Síochána as provided at section 7(1), Garda Síochána Act, 2005, as amended.
171. Deputy Donnchadh Ó Laoghaire asked the Tánaiste and Minister for Justice and Equality the number of refugees who have been accepted here in 2016; and if she will make a statement on the matter. [21186/16]
View answerI assume that the Deputy is referring to refugees and asylum seekers admitted under the Irish Refugee Protection Programme.
520 refugees are to be resettled in Ireland under the resettlement programme by 31 December 2017, of whom 273 have been admitted from Lebanon to date since 20 July 2015 (date of Council Conclusions on resettlement). 110 of these cases were admitted in 2016 to date. Sufficient cases were selected during a selection mission to Lebanon in January 2016 to fill the rest of the quota by the end of the summer. They have been security screened and are in the process of being health screened at present. They are expected to arrive between July and September.
It was recently announced that a selection team will be sent to Lebanon to select an additional 260 refugees under the Refugee Resettlement Programme for admission in 2017.
So far 38 Syrians have arrived in Ireland under the relocation programme. The slow pace of the relocation programme is mainly due to difficulties in getting migrants to register in Italy and Greece. The pace is expected to pick up significantly and the Greek authorities have agreed that they will double the numbers available for transfer to Ireland to 40 persons every 4 weeks with greater numbers of persons available later in the year.
172. Deputy Mary Butler asked the Tánaiste and Minister for Justice and Equality her plans to bring forward equality legislation in regard to the abolition of the mandatory retirement age (details supplied); and if she will make a statement on the matter. [21221/16]
View answerIn my capacity as Minister for Justice and Equality, I have responsibility for equality legislation, which provides for retirement ages in line with the relevant EU Directive provision that differences of treatment on the grounds of age are permissible if, within the context of national law, they are objectively and reasonably justified by a legitimate aim including legitimate employment policy, labour market and vocational training objectives, and if the means of achieving that aim are appropriate and necessary.
I have no ministerial responsibility for retirement age issues generally either in the public sector (where mandatory retirement ages are a feature of public sector employment law) or the private sector (where there is no statutory retirement age).
The Deputy will be interested to know that the Department of Public Expenditure and Reform is leading a cross-Departmental working group on Fuller Working Lives which is examining the full range of working life and retirement issues and which is expected to report shortly.
173. Deputy Kate O'Connell asked the Tánaiste and Minister for Justice and Equality if she is aware of a reply received by a person from the European Commission on 30 November 2015; if she will confirm that Ireland has no national regime on legal aid for companies and companies cannot access legal aid here at all; and her views on whether Ireland may be in breach of its fundamental obligations under Article 47, if it forces companies to be represented by lawyers and does not offer any regime for legal aid for companies. [21227/16]
View answerI can inform the Deputy that section 5(1) of the Civil Legal Aid Act 1995 states that the principle function of the Legal Aid Board is, inter alia, to provide legal aid and advice in civil cases to persons who satisfy the requirements of the Act. The Board has always interpreted the word ‘persons’ to mean natural persons only and not to include legal persons. Section 29(1) of the Act requires that a person satisfy certain financial eligibility criteria set out in Regulations. The financial eligibility criteria that are set out in the Civil Legal Aid Regulations 1996 – 2013 clearly contemplate a natural person’s income and resources being assessed and do not contemplate the assessment being in relation to a legal person.
I am aware of Case C-258/13 regarding Article 47 of the European Union Charter of Fundamental Rights which was heard by the European Court of Justice. While there are no plans at present to introduce legal aid for the type of commercial enterprise referred to, the situation is kept under review in my Department.
