Written Answers Nos. 132-160
132. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her views on the implications of the ruling on 9 February 2016 by the High Court of Northern Ireland (details supplied); her plans to amend Irish equality legislation such that cohabiting partners are no longer discriminated against relative to their married peers; and if she will make a statement on the matter. [25462/16]
View answerI do not think it appropriate that I should comment by way of answer to a Parliamentary Question about court decisions in other jurisdictions. Such decisions do not have implications for Ireland's equality legislation.
133. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her plans to update and amend the Succession Act 1965. [25473/16]
View answerA Law Reform Commission Report on the Prevention of Benefit from Homicide (LRC 114 - 2015) was published last year and my Department is currently preparing proposals for legislation to give effect to the Commission's recommendations for reform of the law in this area. The intention will be to ensure that persons convicted of murder, attempted murder or manslaughter will be precluded from taking any share in the property or other assets of their victim. While I am not in a position at this stage to announce when such legislation will be published, my intention is to proceed quickly with enactment of the legislation following its publication.
For the sake of completeness, I should add that the Law Reform Commission published a consultative paper on Section 117 of the Succession Act 1965 earlier this year and sought submissions on possible changes to the law in this area. Section 117 is the provision under which the child of a deceased parent who has made a will may apply to court on the basis that parent had failed in his or her “moral duty" to make proper provision for the child. Where the court finds that a parent had failed in his or her moral duty to make proper provision for the child, it can make an appropriate order which redistributes the estate between the beneficiaries. The Law Reform Commission's paper identified a number of issues which may need to be reconsidered at this stage, e.g. the matters to be taken into account by the court when determining whether the deceased had failed in his or her moral duty; and whether the provision in section 117 should be extended to situations in which the deceased parent had not made any will.
I understand that the closing date for receiving submissions on the consultation paper was 25 June and that the Commission is now embarking on completion of the project. I look forward to receiving the completed Report and considering any recommendations for reforms in this important area of succession law in due course.
134. Deputy Alan Farrell asked the Tánaiste and Minister for Justice and Equality the amount allocated to An Garda Síochána for personnel, resources and vehicles, including details of all increases or decreases for each of the years 2013 to date in 2016 in tabular form; the total spend by her Department in the same format; and if she will make a statement on the matter. [25483/16]
View answerThe total amount allocated and spent by my Department and An Garda Síochána for the years in question are set out in tables:
Department of Justice and Equality
|
Year |
2013 |
2014 |
2015 |
2016 (to end August) |
||||
|
Allocation |
Spend |
Allocation |
Spend |
Allocation |
Spend |
Allocation |
Spend |
|
|
€000 |
95,603 |
88,096 |
91,210 |
87,726 |
92,317 |
91,910 |
59,894 |
55,148 |
An Garda Síochána
|
Year |
2013 |
2014 |
2015 |
2016 (to end August) |
||||
|
Allocation |
Spend |
Allocation |
Spend |
Allocation |
Spend |
Allocation |
Spend |
|
|
€000 |
1,323,071 |
1,321,635 |
1,314,728 |
1,312,962 |
1,383,473 |
1,374,983 |
1,441,548 |
898,095 |
135. Deputy Jan O'Sullivan asked the Tánaiste and Minister for Justice and Equality the number of gardaí allocated to the Limerick division currently; if there has been a reduction in these numbers in 2016; if she will provide an assurance that Garda numbers will be retained to maintain the progress that has been made on crime prevention and reduction in County Limerick; and if she will make a statement on the matter. [25509/16]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts and I, as Minister, have no direct role in the matter. Garda management keeps 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 that on 31 July 2016, the latest date for which figures are readily available, there were 554 Gardaí (a reduction of one member compared to January 2016) assigned to Limerick, with 46 Reserves and 49 civilians. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation (NBCI), the Garda National Economic Crime Bureau (formerly the Garda Bureau of Fraud Investigation) and the Garda National Immigration Bureau (GNIB) the Drugs Unit. The needs of each Division are fully considered within the context of the overall policing needs of the State.
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 a Partnership Government" to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000. Taking account of projected retirements, reaching a strength of 15,000 will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that will have been recruited by the end of this year since the reopening of the Garda College in September 2014. So far 534 recruits have attested as members of An Garda Síochána of whom 12 of these have been assigned to Limerick. Another 150 are due to attest later this year.
In order to continue to ensure seamless ongoing recruitment I was very pleased to announce the commencement of a new recruitment campaign on 8 September. The campaign is being organised by the Public Appointments Service on behalf of the Garda Commissioner. Applications must be made through www.publicjobs.ie before the closing date for applications on 29 September 2016. The existing recruitment campaign (launched last November) is ongoing and successful candidates will continue to be called from that campaign this year and into next year. It is expected that successful candidates from the new campaign will enter the Garda College from mid-2017.
As I have stated previously, when accelerating recruitment it is 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 to ensure that victims and the public are well served. I welcome the detailed planning process that the Commissioner and her team have in place to ensure the delivery of increased numbers of Gardaí without any compromise on the quality of those recruited or the training programme.
136. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of persons currently in direct provision for periods of three years and beyond; her plans to end this treatment of refugees and asylum seekers; and if she will make a statement on the matter. [25553/16]
View answerThere were 1,093 persons residing in direct provision for three years or more at the end of August 2016. In order to interpret these figures correctly, it is important to note that they include a number of persons who had been granted status to remain in the State and are preparing to move into communities. In August there were approximately 550 persons with such status residing in direct provision, the majority of whom would be expected to fall into the three year plus cohort.
When a person makes an application for international protection, they are offered accommodation in the direct provision system. While there is no obligation on them to accept this offer, approximately 50% of applicants avail of the accommodation offered. They are not obliged to remain there and can leave direct provision and indeed return to direct provision as they so require. In addition, those who refuse the initial accommodation offer can choose to avail of direct provision accommodation at a later date.
The Programme for a Partnership Government contains a commitment to reform the Direct Provision system, with particular focus on families and children and to this end the recommendations of the Working Group are being implemented.
The International Protection Act 2015 responds to the Report's recommendations in relation to improving the application process and thereby reducing the length of time spent by applicants in State provided accommodation. The Act provides for the introduction of a single application procedure for international protection which is a key recommendation of the Report. The single procedure is specifically aimed at addressing the length of time persons spend in the protection process. The new procedure will significantly streamline and speed up the processing of protection applications and will reduce the length of time that persons spend in the Direct Provision system. Preparations for commencement of the single procedure are progressing.
The Reception and Integration Agency (RIA) of my Department is progressing the implementation of recommendations around access to cooking facilities as well as increasing the living space for direct provision residents. Pilot projects are being undertaken in a number of centres to ensure the best approach to realising these objectives and ensuring greater respect and dignity for those residing in the direct provision system.
137. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality if firearms dealers will continue to be permitted to deactivate firearms here; and if she will make a statement on the matter. [25557/16]
View answerOn 8 April 2016, European Commission Regulation 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable came into effect. The Regulation was introduced as a result of an ongoing review of the Firearms Directive. The Charlie Hebdo terrorist attacks and later the Paris shootings involved reactivated firearms being used. This Regulation involves a significant tightening of arrangements across the EU Member States to ensure that standardised arrangements are in place to ensure that deactivated firearms cannot be reactivated for use.
It consists of a two step process whereby the firearm is firstly deactivated in accordance with the technical requirements of the Regulation followed by an independent verification of this deactivation by a competent authority appointed by Member States within each jurisdiction. There are currently more than 40 such competent authorities throughout the EU. The initial first step may still be carried out by a Registered Firearms Dealer in this jurisdiction. Only such Registered Firearms Dealers persons may carry out this work. The owner may then choose which competent authority to utilise in order to verify the deactivation.
Ireland has not appointed a Competent Authority to verify the deactivation of firearms in accordance with this Regulation because there is no significant firearms manufacturing industry in this country and no formal training for a gunsmith is recognised by the State. However, the Department of Justice and Equality has received statements of interest from five interested parties who wish to be assessed to be appointed as a Competent Authority for the verification of the deactivation of firearms under the regulation. The applicants are preparing formal applications at present and these shall be assessed upon receipt. The firearm must then be submitted to any one of the current 46 national competent authorities within the EU for verification and certification. The Birmingham Proof House has been approved by UK authorities to verify the deactivation of firearms in accordance with the Regulation and they have indicated their willingness to undertake such verification work for Irish customers.
The possession of any firearm, even after deactivation, will continue to require authorisation by An Garda Síochána.
138. Deputy Seán Crowe asked the Tánaiste and Minister for Justice and Equality if a significant additional workload has been placed on the operations of the Irish Naturalisation and Immigration Service, INIS, since the introduction of the British-Irish visa scheme for Indian and Chinese visitors; the additional staff that have been allocated to INIS to deal with this increased workload; and her plans or proposals to extend this scheme to other countries. [25576/16]
View answerI am pleased to say that the British Irish Visa Scheme has been very successful to date in attracting more Chinese and Indian visitors to both Ireland (North and South) and the United Kingdom by enabling both countries immigration systems to work in tandem to promote and facilitate legitimate business and tourism travel. For example, in China the number of short-term visas has increased by 35% in 2015 and by a further 15% this year to date. Of course these figures only reveal part of the story as a large number of visitor visas have also been granted by the UK authorities for the countries involved enabling these visitors to travel onwards to Ireland. The volume increases reported by Tourism Ireland bears this out.
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an integral part of the scheme is the utilisation of modern technology and information systems to capture biographical and biometric information for all visa applicants, and the use of joint (with the UK) Visa Application Centres across China and India for the lodgement of visa applications and the initial processing of documentation. This provides a greater coverage for customers as well as changing the processing procedures in the visa offices. It also ensured that the operation of Scheme has not incurred a significant additional workload beyond dealing with increased visa application volumes. In that regard an additional two local staff have been employed in the Beijing Visa Office to assist with office administration and with visa processing.
139. Deputy Seán Crowe asked the Tánaiste and Minister for Justice and Equality the number of staff currently allocated to the Irish Naturalisation and Immigration Service, INIS; if she is aware that there is a significant backlog of short-stay tourist visa applications; if she will detail the cause of these delays and the way this backlog in processing visa applications is being created; the additional resources that have been applied to deal with the backlog; and when she envisages the backlog to be cleared. [25577/16]
View answer140. Deputy Seán Crowe asked the Tánaiste and Minister for Justice and Equality if there has been any discussion or correspondence between her office and the office of the Minister for Transport, Tourism and Sport regarding the long delays in processing short-stay tourist visas; and the way this is impacting on potential visitors to Ireland. [25578/16]
View answer142. Deputy Seán Crowe asked the Tánaiste and Minister for Justice and Equality the current average waiting time to receive a short-stay tourist visa for Ireland. [25580/16]
View answerI propose to take Questions Nos. 139, 140 and 142 together.
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, at the end of June, 2016 the staff allocation to INIS was 636. Staff are deployed across a wide range of activities including the broad areas of asylum and immigration processing, border management and policy areas of the organisation. In that context, the management of resources is kept under constant review having regard to business and operational requirements, and staff are deployed accordingly.
I am further advised that the current processing time for short-stay tourist visa applications by the INIS Visa Office in Dublin is approximately 10 weeks. The published processing time advertised to applicants is 8 weeks. The current timescales are due in the main to seasonal pressures coupled with a significant increase in the number of applications in all visa categories. The Deputy can be assured that every effort is being made to process these applications as quickly as possible and additional staff and staff on overtime have been deployed to that effect.
It is planned that the processing times for short-stay visit visas in Dublin will return to the normal business target of 6-8 weeks very shortly. Applications to Irish Visa Offices and Consular Missions abroad are generally processed within this business target. I understand my colleague the Minister for Transport, Tourism and Sport has not been in touch with my office in relation to this matter.
141. Deputy Seán Crowe asked the Tánaiste and Minister for Justice and Equality the number of visas to enter Ireland that have been granted per year in the past five years under the headings, business, employment, join family, study, visit, re-entry, and other. [25579/16]
View answerI am advised by the Irish Naturalisation and Immigration Service of my Department that the information requested is set out in the table for the number of visas approved from 2013 to 2015.
The detailed breakdown of visas granted in 2011 and 2012 requested by the Deputy is not available. However, the total number granted for those years were 74,667 entry visas and 53,480 re-entry visas in 2011; and 79,319 entry visas and 44,073 re-entry visas in 2012.
|
Year |
Visit |
Business |
Employment |
Study |
Join Family |
Re-Entry |
Others |
|
2013 |
38684 |
15111 |
1502 |
9099 |
4080 |
38117 |
18207 |
|
2014 |
39499 |
15376 |
2534 |
10453 |
4339 |
37109 |
18181 |
|
2015 |
42311 |
15664 |
3022 |
10343 |
4968 |
40491 |
20885 |
143. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality the overtime cost for garda rank only in the Sligo and Leitrim Garda division for 2015 and 2016; the reason there was such a large decrease in garda rank between 2011, €803,732 and 2014, €320.298; her views on whether this should increase; and if she will make a statement on the matter. [25646/16]
View answerAs the Deputy will appreciate, the allocation of resources within An Garda Síochána is a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.
I am advised by the Garda Authorities that the overtime cost for Garda rank in the Sligo/Leitrim Garda Division for 2015 and for January-August 2016 is as follows:
Garda Overtime (Garda rank)
|
Year |
Total |
|
2015 |
€392,700 |
|
2016 (January - August) |
€226,200 |
The high overtime cost for the Garda rank in 2011 due to additional resources being provided for specific policing operations at that time. The operations in question were Operation Anvil, the visit of Queen Elizabeth II and the visit of President Obama.
I am advised that, if these operations are excluded, the amount spent on Garda rank overtime in the Sligo/Leitrim Division in 2011 is comparable to the other years.
144. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the reason there is no published strategy for young adults in prison despite commitments by the Irish Prison Service that this would be in place by the end of 2015; the reason for the delay; the steps she has taken to address the lack of action to deliver a specific regime for young adults in prison; and if she will make a statement on the matter. [25650/16]
View answerAs I advised the Deputy in my reply to question 82 on 21 June 2016, the Irish Prison Service published its three year strategic plan 2012-2015 on 30 April 2012. Appended to this document is the Irish Prison Service's strategy for the management of young offenders.
I can further advise the Deputy that in regard to younger persons, since December 2013, all boys aged 17 years sentenced to detention in St. Patrick’s have been transferred to dedicated units in Wheatfield Place of Detention. The Irish Prison Service continues to engage extensively with the Irish Youth Justice Service regarding the transfer of responsibility for 17 year olds to Oberstown Campus in line with the Government decision to close St. Patrick’s Institution. The Prisons Act 2015 was passed by the Oireachtas in December 2015 and is a significant step toward the closing of St. Patrick’s Institution.
In addition the new Irish Prison Service Strategic Plan 2016-2018, published on 27 June 2016, gives the commitment that the Prison Service will work in partnership with their community partners and the relevant justice and state agencies to agree targeted measures to facilitate the rehabilitation of young offenders (with an initial focus on 18 - 21 year olds) and the effective and safe transition from custody to the community.
145. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if she will remove the present basic regime standard operating in prisons here and place all young adults on the enhanced accommodation standard on entry to prison. [25651/16]
View answerI am advised by the Irish Prison Service that there are no plans to amend the current incentivised regime structure. The Incentivised Regimes Programme, introduced in 2012, provides for differentiation of privileges between prisoners according to their level of engagement with services and quality of behaviour. The objective is to provide tangible incentives to prisoners to participate in structured activities and to reinforce good behaviour, leading to a safer and more secure environment.
All prisoners enter the system on an equal basis at standard regime level. Prisoners can then work towards advancement to enhanced regime level through positive interaction with prison-based services and by demonstrating consistently good conduct. Conversely, a prisoner may be moved to basic regime level for breaches of prison discipline or consistent refusal to take part in recommended rehabilitative programmes. The Incentivised Regimes Programme provides significant motivational factors to encourage prisoners to improve their participation in productive and rehabilitative activities while in custody.
Experience in other jurisdictions has shown that a tiered incentivised regime structure is a hugely valuable addition to prisons in the context of maintaining good order, and in motivating prisoners to partake in constructive activities.
I am advised by the Irish Prison Service that the application of the Incentivised Regimes Policy is under continuous review by the Incentivised Regimes Implementation Group. The Irish Prison Service will shortly commission an independent external review of the Incentivised Regimes Programme which will consider the ongoing effectiveness of the current policy and inform any future development of this programme.
146. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of boys detained each month on remand in St. Patrick's Institution since the enactment of the Children (Amendment) Bill 2015, giving child detention schools the responsibility for all children on remand or under sentence; and if she will make a statement on the matter. [25652/16]
View answerI wish to inform the deputy that the number of boys detained each month on remand in Saint Patrick's since the enactment of the Children Amendment Bill 2015 is set out in the table.
|
Month |
Total on Remand |
|
April 2015 |
0 |
|
May 2015 |
2 |
|
June 2015 |
4 |
|
July 2015 |
0 |
|
August 2015 |
3 |
|
September 2015 |
2 |
|
October 2015 |
4 |
|
November 2015 |
1 |
|
December 2015 |
2 |
|
January 2016 |
2 |
|
February 2016 |
3 |
|
March 2016 |
1 |
|
April 2016 |
1 |
|
May 2016 |
1 |
|
Total |
26 |
The Minister for Children and Youth Affairs made the necessary orders under the Children Act 2001 to transfer responsibility for newly remanded 17 year old males to Oberstown from 30 March 2015. However, for legal reasons, it has been necessary to retain St Patrick’s Institution on a contingency basis for remands awaiting places in Oberstown. The courts have on occasion remanded 16 and 17 year olds to St Patrick’s for short periods until places in Oberstown become available.
147. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of young adults between 18 and 20 years of age detained in prisons with adults, for each prison, in each of the years 2013 to 2016 to date; and if she will make a statement on the matter. [25653/16]
View answerI can inform the Deputy that, the number of persons between 18 and 20 years of age committed to each prison, in each of the years 2013 to 2016 to date is set out in a table.
|
Establishment Name |
Year 2013 |
Year 2014 |
Year 2015 |
*Year 2016 (to end of August) |
|
Castlerea Prison |
92 |
119 |
98 |
57 |
|
Cloverhill Remand Prison |
153 |
183 |
181 |
141 |
|
Cork Prison |
163 |
148 |
139 |
72 |
|
Limerick Prison (Female) |
51 |
50 |
36 |
25 |
|
Limerick Prison (Male) |
131 |
95 |
110 |
72 |
|
Midlands Prison |
43 |
60 |
93 |
53 |
|
Mountjoy Prison (Female) |
73 |
45 |
44 |
32 |
|
Mountjoy Prison (Male) |
51 |
117 |
178 |
81 |
|
St. Patrick's Institution |
227 |
135 |
85 |
52 |
|
Wheatfield Place of Detention |
54 |
8 |
1 |
0 |
|
Total |
1,038 |
960 |
965 |
585 |
* The 2016 figure is provisional pending the publication of the Irish Prison Service 2016 Annual Report.
148. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the percentage of each prison population detained in shared-cell accommodation for each of the years 2013 to 2016 to date. [25654/16]
View answer149. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her views on in-cell sanitation; the number of prisoners slopping out and the number who must use a toilet in the presence of others for each of the years 2013 to 2016 to date; and if she will make a statement on the matter. [25655/16]
View answer150. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of prisoners that were placed on restricted regimes in each prison in 2015 and 2016 to date; and if she will make a statement on the matter. [25656/16]
View answer151. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of prisoners placed on 23 hour lock-up in each prison in 2015 and 2016, including the average time spent on this regime and the maximum number of days; and if she will make a statement on the matter. [25657/16]
View answerI propose to take Questions Nos. 148 to 151, inclusive, together.
I am advised that in relation to the average time spent by prisoners on 23 hour lock up and the maximum number of days, this information is not collated centrally and would require a manual examination of a large number of individual files. Such an examination would require a disproportionate and inordinate amount of staff time and effort that could not be justified where there are other significant demands on resources.
I am further advised by the Irish Prison Service that in relation to the other information requested by the Deputy, this is published quarterly on the Irish Prison Service website at www.irishprisons.ie. The information is contain in the "info centre" - under statistics and information - census reports. This information is available from July 2013 to the present.
In relation to slopping out, with the construction of a new prison in Cork which opened on 12 February 2016 and the refurbishment of Mountjoy which is scheduled to be complete this year, 98% of prisoners now have access to in-cell sanitation. On 27 June, I launched the Irish Prison Service’s Capital Strategy 2016-2021. This ambitious programme will see the complete replacement of the outdated accommodation in Limerick and Portlaoise prisons as well as improvements across a number of other prisons. On completion of the Limerick and Portlaoise projects, “slopping out” will be completely eliminated across the prisons estate.
152. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her plans to undertake a study of the possibility of introducing house or community house arrest or secure detention as an alternative to imprisonment for young adult women, given the special needs of young persons, the damage caused by imprisonment and the small numbers of young women where imprisonment is deemed the only option. [25667/16]
View answerSection 101 of the Criminal Justice Act 2007 already allows the courts to impose restriction of movement orders as an alternative to sentences of imprisonment in specified circumstances.
However the Strategic Review of Policy Group's final report published by me in September 2014 proposed alternatives to custodial sentences (including detention) as the first choice of sanction for both adults and juveniles. Chapter six of the report is dedicated to the specific needs of female offenders.
In Chapter six the review group welcomed the publication of the Probation Service/Irish Prison Service Joint Strategic Plan for female offenders - "An Effective Response to Women Who Offend" and recommended that further research into and evaluation of the particular needs and circumstances of female offenders should support the processes identified in the joint strategy relating to women. The two agencies have identified the need to provide tailored interventions for women with the aim to reduce offending among women and improve outcomes. International research and practice indicates that better outcomes can be achieved by using gender informed approaches.
I have no plans to undertake any studies outside of the recommendations of the Strategic Review of Penal Policy which concluded that rehabilitation and reintegration is a core principle and significant factor in reducing crime and the achievement of those aims is best achieved in a non-custodial environment as possible. Plans for research and evaluation into the reasons for the high level of women remands, the use of imprisonment for women and the development of more gender appropriate community sanctions and programmes are being progressed.
153. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the consideration that has been given by her Department to the development of out-of-cell time of at least 14.5 hours per day for young adults in prison, with full educational, training, work, recreation and social interaction opportunities; and if she will make a statement on the matter. [25668/16]
View answerI am advised by the Irish Prison Service that It endeavours to allow prisoners to spend as much time as possible each day out of their cell or room to associate with other prisoners. 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".
In general prison cells are unlocked at approximately 8.15am each morning for breakfast. Prisoners collect breakfast and return to cells, which are then locked from 8.45am to 9.15am. Cells are again unlocked for prisoners to attend work, school , visits and exercise. Prisoners return for lunch at 12:00pm and cells are locked at 12.30pm. Afternoon unlock commences at 2.15pm and prisoners return to structured activities in schools, workshops and visits. Evening tea is served from 4pm and cells are locked from 4.30pm to 5.20pm when evening recreation commences until all cells are locked at 7.30pm. This allows for total out cell time of up to 8 hours.
I am further 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 encourage 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.
There are no plans to increase out of cell time at present.
154. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality if every Garda regional divisional headquarters here has access to biohazard protection suits, gloves and masks for its garda rank members that can be used for protection from disease and sickness in the event of an incident with an arrested member of the public in custody; if not, the reason; her views on whether every regional Garda station should have these basic protections; and if she will make a statement on the matter. [25690/16]
View answerI have requested the Garda authorities to provide information in relation to the matter referred to by the Deputy and will revert to him as soon as I have this to hand.
155. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality when a person (details supplied) will receive a Garda vetting certificate; if there is a direct contact for teachers with Garda vetting who find themselves in these situations, that is, a teacher who has a job but cannot teach due to delays in Garda vetting; and if she will make a statement on the matter. [25691/16]
View answerI am informed by the Garda Authorities that a vetting application in respect of the person to whom the Deputy refers was received by the National Vetting Bureau on 2 September 2016. The application was processed and returned to the liaison person in the registered organisation on 5 September 2015. In the circumstances the applicant is advised to contact the relevant organisation to ascertain the current position.
The Deputy may also wish to know that An Garda Síochána launched an e-vetting system on 29 April 2016 which is facilitating the processing of applications in an on-line format and significantly reducing processing times.
156. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality when a person (details supplied) will receive a Garda vetting certificate; if there is a direct contact for teachers with Garda vetting who find themselves in these situations, that is, a teacher who has a job but cannot teach due to delays in Garda vetting; and if she will make a statement on the matter. [25694/16]
View answerI am informed by the Garda Authorities that a vetting application in respect of the person to whom the Deputy refers was received by the National Vetting Bureau on 1 September 2016. The application was processed and returned to the liaison person in the registered organisation on 9 September 2015. In the circumstances the applicant is advised to contact the relevant organisation to ascertain the current position.
The Deputy may also wish to know that An Garda Síochána launched an e-vetting system on 29 April 2016 which is facilitating the processing of applications in an on-line format and significantly reducing processing times.
157. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality if she has issued a reply to persons (details supplied); if she will provide the definition sought; and if she will make a statement on the matter. [25695/16]
View answerThe persons referred to in the Deputy's question were among those whose complaint was referred to the Independent Review Mechanism (IRM). The IRM was established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations which have been made to me as Minister for Justice and Equality or the Taoiseach or other public representatives with a view to determining to what extent and in what manner further action may be required in each case.
The outcome of the review of their complaint and the recommendations of counsel were communicated to them on 3 July 2015. Subsequent to this letter of notification having been issued, my Department received a letter in which they asked about the appropriate authorities to which they should refer the matters of concern to them. That letter indicated that they had, in fact, already been in contact with those relevant authorities of which they already appeared to be aware. The question of whether anything useful might further be communicated to the persons in question is under consideration.
The Deputy will appreciate that where a person believes they have been a victim of a criminal offence they should bring their concerns to their local Garda station or to the Garda Síochána Ombudsman Commission if they have a complaint concerning the conduct of members of the Gardaí.
158. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality if the OPW and An Garda Síochána have identified the location for the new regional Garda station in Sligo town; when this project will begin construction; and if she will make a statement on the matter. [25709/16]
View answerAs the Deputy will appreciate, the Office of Public Works has the primary responsibility for the provision and maintenance of Garda accommodation and works closely with the Garda authorities in this regard.
I have requested the information referred to in the Deputy's question and will revert to him as soon as I have this to hand.
159. Deputy Brendan Howlin asked the Tánaiste and Minister for Justice and Equality when the provisions implementing sections149 to161, inclusive, of the Legal Services Regulation Act 2015 will be brought into effect; and if she will make a statement on the matter. [25763/16]
View answer161. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when sections 149 to 161, inclusive, of the Legal Services Regulation Act 2015 will commence; if there are impediments to their taking effect; and if she will make a statement on the matter. [25778/16]
View answer163. Deputy John Brady asked the Tánaiste and Minister for Justice and Equality when sections 149 to 161, inclusive, of the Legal Services Regulation Act 2015 will be implemented; and if she will make a statement on the matter. [25896/16]
View answer174. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when the Legal Services Regulation Act, SI 65 of 2015, which was signed into law in December 2015, will be given a commencement order regarding sections 149 to 161, inclusive, dealing with the regulation of legal costs. [26030/16]
View answerI propose to take Questions Nos. 159, 161, 163 and 174 together.
The Legal Services Regulation Act 2015 makes extensive provision in Part 10 for a new and enhanced legal costs regime that will bring greater transparency to how legal costs are charged along with a better balance between the interests of legal practitioners and those of their clients in this area. Part 10 of the Act is divided into five Chapters of which Chapter 3, consisting of sections 149 to 153, deals with the duties of legal practitioners in relation to legal costs. The remaining Chapters of this Part deal with other aspects of the new legal costs regime including the new Office of the Legal Costs Adjudicators that will take over the work currently carried out by the Office of the Taxing-Master along with the way in which the new legal costs adjudication process will operate. There is no impediment to their taking effect other than that of ensuring, through detailed planning and sequencing, that the relevant legal and administrative arrangements are properly in place within the Courts system and under the new legislative measures. The Deputies will appreciate that a significant transformation of the existing taxation of costs system is provided for in Part 10 of the Act and that this cannot be done overnight and must be managed carefully - including in terms of having the relevant personnel and expertise in place and given the fundamental legal procedures involved.
All legal practitioners will be obliged, under the transparency provisions of Chapter 3, to provide more detailed information about legal costs from the outset of their dealings with clients. This will be in the form of a Notice, written in clear language, which must be provided when a legal practitioner takes instructions. Among other things, the Notice must disclose the costs that are involved, or, where this is not known, the basis upon which such costs are to be calculated. A cooling-off period is to be allowed for the consideration of costs by the client. When there are any significant developments in a case which give rise to further costs, the client must be duly updated and given the option of whether or not to proceed with proceedings. In addition, this Chapter of the Act provides that it will not be permissible for legal practitioners to set fees as a specified percentage or proportion of damages payable to a client from contentious business, and, that it will no longer be permissible for barristers to charge junior counsel fees as a specified percentage or proportion of Senior Counsel fees.
These provisions complement the accompanying provisions of Part 10 of the Legal Services Regulation Act which provide in Chapter 2 for the changeover to the new Office of the Legal Costs Adjudicators. Under the enhanced adjudication process that is set out in Chapter 4 of Part 10, aggrieved clients will be able to apply for the adjudication of disputed legal costs under a reformed and modernised framework which will be under the stewardship of a Chief Legal Costs Adjudicator. This is underpinned by a set of Legal Costs Principles which are set out, for the first time, in Schedule 1 of the 2015 Act. Moreover, the new Office will maintain a publicly accessible Register of Determinations which will disclose the outcomes and reasons for decisions made by the Legal Costs Adjudicators. The new Office will also prepare strategic and business plans and annual reports of its activities. Subject to consultations, the Chief Legal Costs Adjudicator may also from time to time prepare, for the guidance of Legal Costs Adjudicators, legal practitioners and the public, guidelines indicating the manner in which the functions of the Chief and other Legal Costs Adjudicators are to be performed.
As I have just set out, the five Chapters of Part 10 of the 2015 Act are very much interlinked and their successful commencement will be key to the phased roll-out of that Act which is already underway. As with other Parts of the Act which will be commenced on a phased basis over the coming period, I am, along with officials at my Department and the Courts Service, giving detailed consideration to the commencement of Part 10. This includes the possible prioritisation for commencement of sections 149 to 161 contained in Chapter 3 as may be practicable from both a structural reform and a legal perspective.
It remains my intention to appoint 1st October 2016 as establishment day for the new Legal Services Regulatory Authority which is also expected to have its inaugural meeting early that month.
160. Deputy Alan Farrell asked the Tánaiste and Minister for Justice and Equality the action she will take to ensure schools and teachers are made fully aware of the Garda vetting procedures in place for teachers taking up new employment; the measures she will put in place to avoid a repeat of the situation in 2016 whereby many teachers were without the required Garda vetting at the start of the academic year and therefore unable to teach, causing undue stress for the teachers in question and putting increased pressure on the resources of the schools involved; and if she will make a statement on the matter. [25773/16]
View answerI am informed that the Department of Education and Skills issued a Circular 31/2016 on May 2016 to all education sectors outlining their vetting obligations. This circular is available at the website of the Department of Education and Skills www.education.ie.
As the Deputy will be aware, vetting for teachers is governed by the provisions of the National Vetting Bureau (Children & Vulnerable Persons) Acts 2012. The Teaching Council is registered with the National Vetting Bureau of An Garda Síochána in respect of providing vetting services for teachers. The implementation of eVetting solution earlier this year has greatly enhanced the vetting process. The Teaching Council is operational on the eVetting system and this allows an applicant and the Teaching Council to monitor the progress of a vetting application.
The current average processing time for vetting applications is less than four weeks. The primary purpose of the Garda employment vetting service is to seek to ensure the safety of children and vulnerable adults. Accordingly, the vetting process demands rigorous procedures to safeguard its integrity and to maintain the highest level of confidence by the public and organisations availing of the service. Any vetting process will take a certain minimum amount of time to complete and, taking into account the importance of measures to protect children and vulnerable adults while providing an effective and efficient service, the current average processing period is not unreasonable.
It can arise that in respect of some individual applications additional enquiries may be necessary, sometimes from the applicant themselves or from authorities located abroad and, as you will appreciate, the Garda Authorities have no control over such delays as may arise in these circumstances. This can result in processing times in excess of the average.
