Written Answers Nos. 41 - 60
41. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if and when the death certificate and coroner's report will be provided to persons (details supplied); and if she will make a statement on the matter. [23482/16]
View answerAs the Deputy is aware Coroners are quasi-judicial office holders who are independent in their functions. Neither I nor my Department has any role in relation to the issuing of a Coroner's Certificate or a Death Certificate. Further, the office of the Registrar of Births, Marriages and Deaths and the legislation governing the registration of deaths comes under the remit of the Department of Social Protection.
Nonetheless, I understand that as soon as the Coroner in question is in a position to issue the Death Certificate involved, the family can register the death with the Registrar and obtain a death certificate. The Coroner may also issue an Interim Certificate of the Fact of Death which can be of use to families when dealing with certain institutions such as banks, insurance and utility companies and so on.
42. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality her plans to remove the word "lunacy" from the Statute Book; and if she will make a statement on the matter. [23912/16]
View answerOn 21 October 2015, the 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 by end-2016.
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 under way 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 (including the replacement of disqualifications on the basis of 'lunacy' with more appropriate provisions).
43. Deputy Anne Rabbitte asked the Tánaiste and Minister for Justice and Equality her plans to increase statutory maternity leave entitlement; if she will provide estimates of the cost of increasing maternity leave from 26 weeks to 30 weeks and from 26 weeks to 34 weeks; her views on whether these cost estimates take into account the effect of the cost impact of increased maternity leave on the public sector wage bill due to entitlements to full additional salary in the public sector. [23978/16]
View answerAs the Deputy will be aware, legislation which creates an entitlement to two weeks' Paternity Leave and Benefit has just passed in the Seanad and will be enacted as quickly as possible. This legislation in addition to the existing payment of maternity benefit means that the State now offers a total of 28 weeks of paid support to parents upon the birth of their child. It is my intention that this Government will be in a position to extend the provision of paid leave further in the years ahead subject to the resources becoming available. In this regard, the Deputy will be aware of the Programme for a Partnership Government commitment to significantly increase parental leave in the first year of a child’s life over the next five years. The Government has also approved the Family Leave Bill, which will address all existing family leave legislation such as parental leave, carer's leave, maternity leave, and adoptive leave and consolidate this legislation into one Act. If the duration of Maternity Leave was extended for 4 weeks and Maternity Benefit was payable for those additional weeks, the cost to the Social Insurance Fund in a full year would be in the region of €40 million per annum. If the duration of Maternity Leave was extended for 8 weeks and Maternity Benefit was payable for those additional weeks, the cost to the Social Insurance Fund in a full year would be in the region of €80 million per annum. This figure does not include any additional costs to the Exchequer incurred by augmenting public servant salaries for the additional periods.
44. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the reason there is a delay in the processing of Garda vetting for a person (details supplied) in County Monaghan; when they will receive their Garda vetting clearance; and if she will make a statement on the matter. [23385/16]
View answerI am informed by the Garda authorities that records at the Garda Central Vetting Unit indicate that no Garda Vetting application has been received from the registered organisation concerned in respect of the individual referred to by the Deputy. In the circumstances, I suggest that the individual referred to contacts the authorised signatory of the registered organisation directly.
45. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the figures for her Department on the percentage of working days lost to sickness absence through certified leave and uncertified leave in each year from 2011 to 2015, inclusive. [23416/16]
View answerThe information sought by the Deputy in relation to sick leave for the years 2011 to 2015 is set out in the table below. Uncertified sick leave is now classed/referred to as self-certified sick leave.
|
Year |
Percentage of working days lost due to certified sick leave |
Percentage of working days lost due to uncertified sick leave |
|
2011 |
3.65% |
0.36% |
|
2012 |
4.01% |
0.31% |
|
2013 |
3.55% |
0.27% |
|
2014 |
3.9% |
0.28% |
|
2015 |
3.56% |
0.27% |
Since the introduction of the Public Service Sick Leave Scheme in March 2014, the Department has experienced a reduction in the total cost of sick leave incurred by staff of the Department and also a reduction in the percentage of working days lost due to certified and self-certified sick leave. The rationale for the Scheme is to provide support to public servants who become ill while at the same time reducing the overall cost of sick leave in the public service and reducing absenteeism.
46. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the correct procedure to be followed to apply for guardianship of their grandson in the case of persons (details supplied); and if she will make a statement on the matter. [23487/16]
View answerThe law relating to applications for guardianship of the minor children of deceased parents is governed by the Guardianship of Infants Act 1964, as amended, most recently by the Children and Family Relationships Act 2015. Section 8 of the Act provides for the appointment by the District Court or Circuit Court of a guardian or guardians for a child in cases where the child has no guardian, where no guardian has been appointed by a deceased parent, or if a guardian appointed by a deceased parent dies or refuses to act. The Act provides that in court proceedings for guardianship of a child, the court shall regard the best interests of the child as the paramount consideration.
However, as the Deputy will appreciate, I am not in a position as Minister to comment or give legal advice on individual guardianship cases. The persons concerned should take legal advice on the matter.
47. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the estimated cost in 2017 of recruiting an additional 700 gardaí. [23587/16]
View answerI am advised by the Garda authorities that payroll costs for new Garda recruits include a basic allowance of €184 per week plus a living allowance of €77.92. After 32 weeks of training, Garda recruits are attested and move on to the first point of the Garda pay scale €23,750 rising to a maximum of €45,793 per annum after 19 years. They may also qualify for other allowances depending on their assignments.
Based on the above figures, the year one cost of increasing the strength of the force by 700 (assuming a commencement date of 1 January) is approximately €13.4 million. It should be noted that these costs reflect the pre and post attestation payroll costs for the first year. These figures include Employer's PRSI but exclude any allowances which the recruits may qualify for following attestation. Moreover the annual cost will obviously increase as the members move up the Garda pay scale each year.
I am further advised that the cost of training recruits is subsumed into the overall training costs of the Garda College and is not easily identifiable. However, the total cost of running the Garda College in 2015 was approximately €19m, which includes the salary costs of all College personnel.
48. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of the eligibility of a person to apply for permission to remain here; and if she will make a statement on the matter. [23594/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy arrived in the State on 17/11/2010 and that their most recent permission to remain in the State, on the basis of student conditions, expired on 12/10/2015.
The person concerned married an Irish National on 17/12/2015 and subsequently made an application to INIS at the beginning of January 2016 for permission to remain in the State, as the spouse of an Irish National.
I understand that the person concerned did not respond to correspondence from INIS which issued mid January 2016 requesting documentation to support their application. It could not therefore be ascertained that this person was residing in the State with her Irish National spouse as part of a family unit. The application was subsequently deemed withdrawn, and the person concerned was notified by way of letter from INIS at beginning of June 2016. The person concerned, if still living in the State, should now contact INIS as a matter of urgency regarding their permission to remain.
I wish to refer the Deputy to his previous parliamentary question Ref. No. 16609/16, which was answered on 16 June 2016. The position remains unchanged.
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 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 Question 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.
49. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the number of gardaí currently assigned to each divisional drugs unit in tabular form. [23605/16]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Districts, and I as Minister have no direct role in the matter. Garda management keep this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I have been informed by the Garda Commissioner that the number of members of An Garda Síochána currently assigned to each Divisional Drugs Unit as of the 31 May 2016, the latest date for which figures are readily available, is as set out in the table beneath.
|
Divisional Drugs Unit |
Total |
|
D.M.R.S.C. |
17 |
|
D.M.R.N.C |
24 |
|
D.M.R.N. |
24 |
|
D.M.R.E. |
9 |
|
D.M.R.S. |
16 |
|
D.M.R.W. |
24 |
|
Waterford |
5 |
|
Wexford |
6 |
|
Kilkenny/Carlow |
5 |
|
Tipperary |
8 |
|
Cork City |
14 |
|
Cork North |
5 |
|
Cork West |
3 |
|
Kerry |
8 |
|
Limerick |
14 |
|
Donegal |
8 |
|
Cavan/Monaghan |
0 |
|
Sligo/Leitrim |
6 |
|
Louth |
6 |
|
Clare |
6 |
|
Mayo |
5 |
|
Galway |
10 |
|
Roscommon/Longford |
6 |
|
Westmeath |
7 |
|
Meath |
4 |
|
Kildare |
8 |
|
Laois/Offaly |
0 |
|
Wicklow |
4 |
|
Total |
252 |
I have also been informed by the Garda Commissioner that where there are no members assigned to a Divisional Drugs Unit, the Detective Branch take a lead role in the enforcement of drug related legislation in conjunction with the Garda National Drugs Unit.
50. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality if the target of 15,000 gardaí, as outlined in the programme for Government, includes Garda reserves or is it exclusive of Garda reserve numbers; and if she will make a statement on the matter. [23766/16]
View answerThe commitment in the Programme for a Partnership Government to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to reach 15,000 refers to full members of An Garda Síochána. The Programme includes a separate commitment to double the Garda Reserve to act in a supportive role undertaking local patrols and crime reduction measures.
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 851 Garda trainees have been recruited with a further 350 planned to be recruited during the remainder of this year. So far 534 of the new Garda trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide with another 150 more planned to attest in November.
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 in coming years.
In accelerating recruitment it is, of course, essential to ensure that An Garda Síochána has the capacity to train larger numbers without any diminution in the quality of its training programme, and to provide appropriate supervision and support to newly qualified Gardaí and, indeed, Reserves to ensure that victims, and the public generally, are well served by their policing service. My officials are engaging with Garda management as a matter of priority in relation to the preparation of recruitment plans for the next five years that will deliver increased numbers of Gardaí and Reserves without any compromise on the quality of those recruited or the training programme.
51. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality the number of Gardaí in Dublin city and county and their shift patterns; and if she will make a statement on the matter. [23767/16]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Districts, and I as Minister have no direct role in the matter. Garda management keep this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I have been informed by the Garda Commissioner that the number of Gardaí in Dublin Metropolitan Region (DMR) on the 31 May 2016, the latest date for which figures are readily available was 3,483 allocated as set out in the table below.
Members of An Garda Síochána who are on operational duties work a shift pattern which is broken down into early, late or nights over a roster which is a rolling 10 week period. In general members work 6 days on, 4 days off.
|
DMR 31 May 2016 |
|
|
Division |
Total |
|
North Central |
594 |
|
South Central |
620 |
|
North |
674 |
|
South |
548 |
|
East |
371 |
|
West |
676 |
52. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality the number of community service gardaí based in Dublin city and county, including a breakdown according to division, in tabular form; and if she will make a statement on the matter. [23768/16]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible for the distribution of resources, including Community Gardaí, among the various Garda Divisions and Districts. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I have been informed that as of the 31 May 2016, the latest date for which figures are readily available, there were 350 Community based Gardaí assigned to Dublin Metropolitan Region (DMR) allocated as set out in the table beneath.
Of course, it is the case that all Gardaí have a role to play in addressing community policing issues as and when the need arises. In that sense, community policing involves far more than a single unit within An Garda Síochána, a point highlighted by the Garda Inspectorate in their third report entitled "Policing in Ireland - Looking Forward" in which they stated that community policing is a fundamental policing philosophy and that there is a strong foundation for it in Ireland. The Garda Commissioner's Modernisation and Renewal Programme 2016-2021, published on 9 June 2016, places a strong emphasis on developing and supporting the community policing ethos of the organisation and enhancing the current delivery model so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security.
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 851 Garda trainees have been recruited with a further 350 planned to be recruited during the remainder of this year. So far 534 of the new Garda trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide with another 150 more planned to attest in November.
The Programme for a Partnership Government recognises that community policing is the embodiment of An Garda Síochána, providing a means of recognising that every community – both urban and rural – has its own concerns and expectations. It commits the Government 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 to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000 as well as doubling the Garda Reserve and increasing the number of civilian staff so as to free up Gardaí for front-line policing. Community policing, and all other Garda activities, will undoubtedly benefit from the resources now coming on stream through the accelerated Garda recruitment programme.
|
Dublin Metropolitan Region Community Gardaí 31 May 2016 |
|
|
South Central |
Total |
|
Kevin Street |
11 |
|
Kilmainham |
7 |
|
Pearse St |
16 |
|
Donnybrook |
1 |
|
Irishtown |
2 |
|
Total |
37 |
|
North Central |
|
|
Store Street |
50 |
|
Bridewell |
22 |
|
*Fitzgibbon Street |
0 |
|
Mountjoy |
40 |
|
Total |
112 |
|
NORTH |
|
|
Santry |
4 |
|
D/Airport |
0 |
|
Ballymun |
8 |
|
Raheny |
6 |
|
Clontarf |
4 |
|
Howth |
3 |
|
Coolock |
15 |
|
Swords |
10 |
|
Malahide |
4 |
|
Balbriggan |
2 |
|
Skerries |
1 |
|
Lusk |
0 |
|
Garristown |
0 |
|
Total |
57 |
|
EAST |
|
|
Dun Laoghaire |
6 |
|
Cabinteely |
5 |
|
Shankill |
4 |
|
Blackrock |
4 |
|
Dundrum |
11 |
|
Total |
30 |
|
SOUTH |
|
|
Crumlin |
5 |
|
Sundrive Road |
4 |
|
Tallaght |
27 |
|
Rathfarnham |
8 |
|
Rathmines |
3 |
|
Terenure |
5 |
|
Total |
52 |
|
WEST |
|
|
Cabra |
6 |
|
Finglas |
12 |
|
Blanchardstown |
12 |
|
Lucan |
6 |
|
Ronanstown |
10 |
|
Ballyfermot |
7 |
|
Clondalkin |
8 |
|
Rathcoole |
1 |
|
Total |
62 |
|
DMR TOTAL |
350 |
*Fitzgibbon under renovation
53. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality the cost of training in the use of Garda bicycles including the cost of bicycle purchase; and if she will make a statement on the matter. [23769/16]
View answerAs the Deputy will appreciate, the Garda Commissioner has responsibility for the provision of resources, including training for its members, and I, as Minister, have no direct role in the matter.
I have requested the information sought by the Deputy from the Commissioner and I will write to him on receipt of same.
54. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality the number of Segway vehicles in use by the Garda in the Dublin metropolitan area; the cost of provision of the Segways; the cost of training and other associated costs such as insurance; and if she will make a statement on the matter. [23770/16]
View answerThe provision and allocation of Garda resources and equipment is a matter for the Garda Commissioner in the light of her identified policing priorities and the availability of resources within An Garda Síochána and I, as Minister, have no direct role in the matter.
I am advised by the Garda authorities that there are currently four Segways deployed by local Garda Management in the Dublin Metropolitan Region as part of high-visibility initiatives and patrols. I am further advised that members of An Garda Síochána on Segways can patrol larger areas than members on foot patrol and can negotiate places a car or even bicycle cannot go.
The four Segways were provided to An Garda Síochána by the business communities in the DMR North Central and South Central Garda Divisions in 2012 and 2014 and training was provided as part of their purchase at no cost to An Garda Síochána.
For the purposes of insurance, the vehicles are considered to be part of the Garda Fleet.
55. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality the number of gardaí who retired between 2010 and 2016 in tabular form; and if she will make a statement on the matter. [23771/16]
View answerI have been informed by the Garda Commissioner that the number of Gardaí who have retired between 2010 and 2016 up to 30 June 2016, the latest date for which figures are readily available, is as set out in the table beneath.
Retirement of members of An Garda Síochána is governed by statutory provisions which set the mandatory retirement age for all members at 60 years of age.
Members of An Garda Síochána who joined the organisation prior to 1 April 2004 may retire on full pension once they have served for at least 30 years and they have reached 50 years of age. Members of An Garda Síochána who joined the organisation on or after 1 April 2004 may retire on full pension once they have served at least 30 years and have reached 55 years of age. Accordingly a member has the option of continuing to serve until they reach 60 years of age. Projected retirements are kept under continual review and recruitment levels adjusted as necessary.
|
Retirements from An Garda Síochána 2010 - 2016 |
|
|
Year |
Total |
|
* 2016 |
174 |
|
2015 |
236 |
|
2014 |
248 |
|
2013 |
290 |
|
2012 |
422 |
|
2011 |
436 |
|
2010 |
362 |
*as of 30 June 2016
56. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of reserves in each Garda division in tabular form; the number in each division for the same date in each year from 2011 to 2015, inclusive. [23825/16]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including Garda Reserves, among the various Garda Divisions and Districts, and I as Minister have no direct role in the matter. Garda management keep this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
In relation to the specific query raised by the Deputy, the number of Garda Reserves in each Garda Division on 31 May for each of the years 2011 to 2016 is as set out in the following table.
|
Garda Reserves 31/05/2011 to 31/05/2016 |
||||||
|
Division |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
|
DMR South Central |
42 |
57 |
70 |
78 |
75 |
63 |
|
DMR North Central |
27 |
44 |
62 |
79 |
67 |
52 |
|
DMR NORTH |
71 |
66 |
57 |
63 |
59 |
53 |
|
DMR EAST |
19 |
15 |
18 |
20 |
20 |
18 |
|
DMR SOUTH |
41 |
47 |
42 |
51 |
38 |
33 |
|
DMR WEST |
50 |
57 |
62 |
62 |
60 |
44 |
|
Waterford |
25 |
27 |
36 |
37 |
32 |
29 |
|
Wexford |
22 |
30 |
31 |
35 |
36 |
31 |
|
Tipperary |
25 |
31 |
35 |
42 |
38 |
26 |
|
Kilkenny/Carlow |
23 |
31 |
36 |
39 |
38 |
31 |
|
Cork City |
48 |
53 |
66 |
75 |
67 |
59 |
|
Cork North |
18 |
19 |
25 |
30 |
27 |
21 |
|
Cork West |
19 |
25 |
29 |
28 |
29 |
19 |
|
Kerry |
11 |
26 |
32 |
35 |
32 |
31 |
|
Limerick |
33 |
47 |
50 |
53 |
53 |
50 |
|
Donegal |
22 |
24 |
32 |
29 |
27 |
25 |
|
Cavan/Monaghan |
16 |
19 |
23 |
27 |
21 |
15 |
|
Sligo/Leitrim |
17 |
17 |
25 |
25 |
27 |
26 |
|
Louth |
31 |
34 |
48 |
56 |
45 |
37 |
|
Clare |
13 |
18 |
16 |
14 |
10 |
8 |
|
Mayo |
25 |
30 |
35 |
35 |
34 |
29 |
|
Galway |
52 |
58 |
69 |
70 |
55 |
38 |
|
Roscommon/Longford |
14 |
15 |
20 |
18 |
13 |
11 |
|
Westmeath |
20 |
18 |
25 |
25 |
24 |
18 |
|
Meath |
22 |
29 |
36 |
43 |
36 |
27 |
|
Kildare |
23 |
23 |
26 |
45 |
39 |
29 |
|
Laois/Offaly |
17 |
28 |
31 |
28 |
25 |
23 |
|
Wicklow |
15 |
30 |
35 |
37 |
30 |
24 |
|
TOTAL |
761 |
918 |
1072 |
1179 |
1057 |
870 |
57. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality the volume and value of heroin seizures in Cork city and county for each of the years 2014 to 2016 to date; and to provide details of the response to this growing problem. [23860/16]
View answerI wish to advise the Deputy that it is not possible to provide the data sought in the time available for reply. I have requested a report from the Garda authorities in relation to this matter and I will further advise the Deputy in this regard when the report is to hand.
58. Deputy Thomas Byrne asked the Tánaiste and Minister for Justice and Equality if a householder is entitled under law to use reasonable force to repel a trespasser or an assailant at a dwelling; the circumstances a firearm is allowed to be produced by the same householder in self-defence. [23887/16]
View answerThe first course of action for any householder faced with a trespasser or burglar should be, where circumstances permit, to call the Garda Síochána who are best placed to deal with violent offenders and to investigate offences.
The Criminal Law (Defence and the Dwelling) Act 2011 clarifies the law concerning the defence of the home. The premise of the Act is the use of reasonable force by a householder against an intruder entering the dwelling with criminal intent. Section 2 of the Act sets out the criteria for use of reasonable force by a householder against an intruder entering the dwelling with criminal intent. The householder must believe that the intruder has entered the dwelling to commit a criminal act. The force used against the intruder must only be such as is reasonable in the circumstances as the householder believes them to be, to protect people in the dwelling from assault, to protect property, to prevent the commission of a crime or to make a lawful arrest. Section 2(4) provides that it is a matter for a court or jury to decide whether the householder's belief with regard to the amount of force used was honestly held and provides as follows: It is immaterial whether a belief is justified or not if it is honestly held but in considering whether the person using the force honestly held the belief, the court or the jury, as the case may be, shall have regard to the presence or absence of reasonable grounds for the person so believing and all other relevant circumstances.
59. Deputy Thomas Byrne asked the Tánaiste and Minister for Justice and Equality the number of holders, annually, of licensed firearms who had their firearms removed from them by the Garda as a result of producing a firearm during a trespass on their dwelling or in the course of a crime being committed at their dwelling. [23888/16]
View answerSection 5 of the Firearms Act 1925, as amended, provides for the revocation of firearm certificates by an issuing member of An Garda Síochána. I am advised by An Garda Síochána that they are not in a position to provide the information in the manner requested by the Deputy as it would require a disproportionate amount of Garda time and resources to collate the data requested.
60. Deputy Thomas Byrne asked the Tánaiste and Minister for Justice and Equality the circumstances in which a superintendent of An Garda Síochána is entitled to remove a firearm from a holder of a firearms licence. [23889/16]
View answerI can inform the Deputy that Section 5 of the Firearms Act 1925, as amended, provides that an issuing person may at any time revoke a firearm certificate granted by the person if satisfied that the holder of the certificate—
(a) has not a good reason for requiring the firearm to which the certificate relates,
(b) is a person who cannot, without danger to the public safety or security or the peace, be permitted to possess a firearm,
(c) is a person who is declared by this Act to be disentitled to hold a firearm certificate,
(d) where the firearm certificate limits the purposes for which the firearm to which it relates may be used, is using the firearm for purposes not authorised by the certificate,
(e) has not complied with a condition attached to the grant of the certificate, or
(f) where the firearm is authorised to be carried or used by a holder of a firearms training certificate, has, without reasonable excuse, permitted the holder of that certificate to carry or use the firearm while not under his or her supervision.
