Written Answers Nos. 41 - 55
41. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality her plans to reintroduce a dedicated drugs unit in the Cavan-Monaghan Garda division; and if she will make a statement on the matter. [29780/16]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of members is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.
I am informed that the number of Gardaí assigned to the Cavan/Monaghan Garda Division on the 31 August 2016, the latest date for which figures are readily available was 318, with 15 reserves and 35 civilians. It is important to note that all Gardaí have a responsibility in the prevention and detection of criminal activity whether it be in the area of drug offences or otherwise. The Garda National Drugs and Organised Crime Bureau leads out the policing strategy for tackling drugs supply. This approach allows for the co-ordinated use of Garda resources in tackling all forms of organised crime, including illicit drug activity nationwide.
I am further informed that the prevention and detection of drug related offences is a priority within the Cavan/Monaghan Division and that all Gardaí in the Division, both uniform and detective, are engaged in intelligence-led policing and the undertaking of targeted operations against those involved in drug-related crime. In addition, Garda personnel from the Division continue to work with the Garda National Drugs and Organised Crime Bureau in this regard. I am advised that local Garda management are satisfied that this strategy ensures the optimal use of resources in targeting persons involved in the illicit sale and supply of drugs.
The Government is committed to ensuring a strong and visible police presence throughout the country. This will be achieved though continuing 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. Taking account of projected retirements, reaching a strength of 15,000 members 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 and have been assigned to mainstream uniform duties nationwide. The Cavan-Monaghan Division and all other Garda activities, will undoubtedly benefit from these resources now coming on stream.
42. Deputy Brendan Howlin asked the Tánaiste and Minister for Justice and Equality the number of judicial vacancies that exist currently in each of the courts; the timescale envisaged to fill these vacancies; and if she will make a statement on the matter. [29782/16]
View answerI wish to advise the Deputy that there are currently 5 judicial vacancies in the Courts, as follows:
|
Court |
Number of vacancies |
|
Supreme Court |
1 |
|
Court of Appeal |
0 |
|
High Court |
1* |
|
Circuit Court |
2 |
|
District Court |
1 |
*A Judge has been nominated by the Government to fill this vacancy and it is expected that her appointment will take place this month.
The 2016 Programme for Government commits to significant reforms in the judicial appointments process and my Department has been preparing the necessary measures. In respect of existing and future vacancies in the Courts, the requirements of the administration of justice will be the overriding priority for the Government over the period ahead as the necessary reforms are brought forward as expeditiously as is practicable.
43. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the position regarding residency status in the case of a person (details supplied); and if she will make a statement on the matter. [29803/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 8 March 2011 and therefore has no entitlement to residency in the State. Judicial Review proceedings were issued on 16 July 2015 challenging the Deportation Order and accordingly, as the matter is sub judice, I do not propose to comment further.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
44. Deputy Eoin Ó Broin asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the fact that the French Government has pledged to demolish the refugee camp in Calais; and if her Department is aware that the camp is home to over 10,000 persons, including over 1,000 unaccompanied minors, and that hundreds of unaccompanied minors have already gone missing in Europe due to the refugee crisis; and if she has discussed or plans to discuss the matter with her French counterpart. [29809/16]
View answerI refer the Deputy to my responses to Parliamentary Questions No. 78 of 4 October 2016, and No. 76 of 5 October 2016 in which I set out the position on unaccompanied minors in Calais. I also note from recent statements that the French Government is actively seeking alternative accommodation within France for all those in Calais.
45. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the services which are provided to persons with a mental illness while in prison; the personnel who provide the services and their qualifications; and if she will make a statement on the matter. [29827/16]
View answerI am advised by the Irish Prison Service that in-reach mental health services are available in the Dublin and Portlaoise prisons, and Castlerea prison, through collaboration with the Health Service Executive (HSE), and the National Forensic Mental Health Service (NFMHS) to provide forensic mental health sessions weekly in these prisons.
The Irish Prison Service, in partnership and collaboration with the HSE, provides Specialist In-reach, Consultant led Psychiatric services to those in custody in Limerick and Cork prisons. The HSE has confirmed that approval has been granted for the appointment of a consultant led team to both Limerick and Cork prisons. The HSE has also advised that arrangements are being finalised for the assignment of a consultant led mental health in-reach team to Castlerea Prison. The NFMHS also provides an assessment and liaison service for all other prisons where a prisoner requires a forensic assessment, or access to an admission bed in the Central Mental Hospital (CMH). Consultant Forensic Psychiatrists are leading these services and, in many settings, are supported by Non-Consultant Hospital Doctors, Community Psychiatric Nurses, and Social Workers.
The Irish Prison Service has access to a limited number of places in the CMH for prisoners who require residential mental health treatment. There is currently an average of 20 prisoners each week awaiting transfer to the CMH.
The Irish Prison Service, in collaboration with the NFMHS, has established two dedicated areas where high support is provided to vulnerable prisoners with mental illness; D2 wing in Cloverhill Prison (for remand prisoners), and the High Support Unit in Mountjoy (for sentenced prisoners). Both units provide a dedicated area within the prison where mentally ill and vulnerable prisoners, who present with a risk of harm to self or to others, can be separated from the general prison population and are closely monitored in a safer environment.
A Psychiatric In-reach and Court Liaison Service (PICLS) is delivered by the HSE/CMH at Cloverhill Prison. The diversion system ensures as far as possible that those people presenting before the courts, or indeed at an earlier stage of the criminal justice system, where the infraction is a reflection of an underlying mental illness, are referred and treated appropriately. This approach has reduced the number of mentally ill people committed to prison.
46. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the name of the body which inspects the hospital areas within the prison system; if she is satisfied that the standards meet with those expected, such as HIQA standards; and if she will make a statement on the matter. [29828/16]
View answerI am advised by the Irish Prison Service that audits of prison healthcare were conducted by external consultants up to August 2014. On foot of the recommendations of the Committee for the Prevention of Torture following its visit of September 2014, the Irish Prison Service has been engaged with the Department of Health in relation to a fundamental review of healthcare in prisons and the provision of healthcare services in prisons generally. Discussions have taken place with the Health Information and Quality Authority (HIQA) regarding the possibility of it conducting a review of Healthcare service delivery in prisons. HIQA has indicated that it is not currently in a position to conduct such a review.
47. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the waiting periods for prisoners who require dental treatment and orthodontic dental services; and if she will make a statement on the matter. [29829/16]
View answerI am advised by the Irish Prison Service that the range of dental services available to prisoners is consistent with that available under the GMS Dental Treatment Service Scheme (DTSS) and in line with the objective of the IPS to provide equivalence of care in relation to the provision of healthcare services comparable to that available to medical card holders in the community. Emergency dental care is provided. Orthodontic treatment is not available to persons in the custody of the Irish Prison Service.
I am further advised by the Irish Prison Service that Dental Services are provided in all prisons on the basis of an agreed contract, or service level agreement with a local provider of dental services.
The Irish Prison Service does not routinely collate information on waiting lists in the manner requested. Any prisoner who requests dental treatment is normally assessed by the prison dentist and persons in dental pain are accommodated at the next available dental clinic.
48. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the number of persons with a disability who are in prison at present; when the assessment of their needs is carried out; the level of specific services required for these persons; the special measures which have been provided to accommodate their needs; and if she will make a statement on the matter. [29830/16]
View answerI am advised by the Irish Prison Service that it deals with individual prisoners who present with a disability on a case by case basis, and makes every effort to ensure that the therapeutic needs of the individual patient are catered for in an effective and appropriate manner.
I am further advised by the Irish Prison Service that it does not record data in the format requested in this question.
The Irish Prison Service is constrained by the principle of medical confidentiality, and is not in a position to comment on the individual circumstances of the healthcare of persons in its custody. The provision of healthcare is a statutory obligation of the Irish Prison Service, and the Irish Prison Service provides Primary Healthcare Services for the assessment, treatment and care of all prisoners comparable to that available to those entitled to General Medical Services in the community and which are appropriate in a prison setting.
All prisoners are medically assessed on committal, which includes a care plan for the individual patient. Where a doctor or other healthcare professional determines that a prisoner requires treatment in an external setting following a clinical assessment, a referral can be made to the public health system. In addition, professional In-Reach healthcare services are provided as required for a range of healthcare needs.
49. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality if her Department monitors the effectiveness of community service in place of incarceration of prisoners; and if she will make a statement on the matter. [29831/16]
View answerTo date three Recidivism Studies involving the Probation Service have been carried out by the Central Statistics Office and are available on www.cso.ie. Each is a detailed study of recidivism among offenders placed under Probation Supervision or given Community Service as an alternative to a custodial sentence.
The third study, which was published in December 2015, is a detailed study of recidivism among offenders placed under Probation Service supervision in 2009, including those on Community Service Orders. This study demonstrates that overall almost 63% of offenders did not re-offend within a 3 year period of being placed under the supervision of the Probation Service. It further showed that 67.5% of offenders on Community Service Orders did not re-offend within a 3 year period. This can be compared with the previous 2008 cohort figure of 61.6% of offenders on Community Service Orders not re-offending within a 3 year period.
The above figures indicate a recidivism rate of 32.5% for those persons given a Community Service Order. While a direct comparison cannot be made the recidivism rate for those leaving prison in the same year was 47.5%.
The recidivism levels for both those who were released from prison in 2009 and those who were supervised by the Probation Service had fallen by 3.5% and 3.7% respectively. I am confident that the joint initiatives being undertaken within the criminal justice sector, including the Community Return and Community Support Schemes, will result in lower recidivism levels being reported in the prison cohort in future. I am very pleased with the continued improvement in offending reduction among those on probation supervision.
50. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the number of prison places available in each prison in the prison system in 2016; the budget allocated to each prison; if she will provide comparison figures for 2006 and 1996; and if she will make a statement on the matter. [29832/16]
View answerI wish to inform the Deputy that the number of prison places available in each prison is set out in the following table for each year 2016, 2006 and 1996.
|
- |
11th October 2016 |
11th October 2006 |
11th October 1996 |
|
Mountjoy Male |
554 |
480 |
597 |
|
Mountjoy Female |
105 |
85 |
40 |
|
Training Unit |
96 |
96 |
90 |
|
St. Patrick's |
34 |
217 |
188 |
|
Cloverhill |
431 |
433 |
N/A |
|
Wheatfield |
550 |
378 |
320 |
|
Midlands |
870 |
447 |
N/A |
|
Portlaoise |
291 |
188 |
207 |
|
Cork |
296 |
262 |
244 |
|
Limerick Male |
210 |
271 |
120 |
|
Limerick Female |
28 |
20 |
12 |
|
Castlerea |
340 |
206 |
N/A |
|
Arbour Hill |
142 |
139 |
130 |
|
Loughan House |
140 |
110 |
85 |
|
Shelton Abbey |
115 |
60 |
56 |
|
Fort Mitchel |
Closed |
Closed |
102 |
|
Shanganagh Castle |
Closed |
Closed |
60 |
|
Total |
4,202 |
3,392 |
2,251 |
Individual prisons do not have a separate budget allocation. Instead each budget area is managed centrally by the appropriate Directorate in Irish Prison Service Headquarters. In 2016 the gross budget allocated to the Irish Prison Service was €332,058,000, the equivalent figure in 2006 was €389,572,000 and in 1996 the equivalent figure was €150,997,000 (£118,920,000).
51. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the total allocation for the Prison Service in 2015; the comparison figures for 2005 and 1995; and if she will make a statement on the matter. [29833/16]
View answerI am advised by the Irish Prison Service that the total gross allocation for the provision of the Prison Service in 2015 was €332,182,000. The equivalent figure in 2005 was €344,239,000 and in 1995 was €142,868,000 (£112,518,000)
52. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the basis on which temporary release of prisoners is granted; the number of prisoners who have availed of temporary release in 2015; and if she will make a statement on the matter. [29834/16]
View answerI am advised by the Irish Prison Service that the legislative basis for making decisions on temporary release is fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003. Temporary release is an important vehicle for re-integrating an offender into the community in a planned way.
Each application is considered on its individual merits and a number of factors are taken into account when making a decision on whether to grant temporary release including:
- the nature and gravity of the offence to which the sentence being served by the person relates;
- the sentence concerned and any recommendation made by the Court in relation to the sentence imposed;
- the period of the sentence served by the person;
- the potential threat to the safety and security of the public should the person be released;
- the person's previous criminal record;
- the risk of the person failing to return to prison at the expiration of the period of temporary release;
- the conduct of the person while in custody or while previously on temporary release;
- any report or recommendation made by the Governor, the Garda Síochána, a Probation & Welfare Officer, or any other person whom the Minister considers may be of assistance in coming to a decision as to whether to grant temporary release;
- the risk that the person might commit an offence during any period of temporary release;
- the risk of the person failing to comply with any of the conditions of temporary release;
- the likelihood that a period of temporary release might accelerate the person's reintegration into society or improve his prospects of obtaining employment.
Details as to the number of prisoners who availed of temporary release in 2015 are in the process of being compiled and these will be provided directly to the Deputy in the next week.
The referred reply under Standing Order 42A was forwarded to the Deputy.
53. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the number of prisoners which were granted one third remission in each of the years 2012 to 2015; the person who is the arbitrator of such applications; and if she will make a statement on the matter. [29835/16]
View answerI am advised by the Irish Prison Service that all prisoners who are sentenced to a term of imprisonment, with the exception of life sentence prisoners, qualify for one quarter remission on the basis of good behaviour. In addition, prisoners who have engaged in authorised structured activity may apply to receive enhanced remission of greater than one quarter but not exceeding one third of their sentence. In order for a prisoner to be granted enhanced remission, I must be satisfied that the prisoner is less likely to re-offend and is better able to re-integrate into the community.
The principles governing the awarding of enhanced remission are contained under Rule 59 of the Prison Rules 2007 to 2014 (S.I. No. 252 of 2007 and S.I. No. 385 of 2014).
Information prior to 2014 regarding enhanced remission application is not available. I am advised that the Irish Prison Service introduced a database in 2014 to track the number of applications and decisions for enhanced remission. The current number of persons granted enhanced remission by year is set out in the following table. Decisions regarding applications for enhanced remission under the Prison Rules are generally made by Irish Prison Service officials on my behalf.
|
Year of Application |
Granted Enhanced Remission |
|
2014 |
25 |
|
2015 |
180 |
54. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the allocation for the Irish Prison Service, IPS, in 2016, 2011 and 2006; the detail of the management structure of the IPS; the salary structure for the top ten personnel; the other allowances and expenses available to these top ten personnel; and if she will make a statement on the matter. [29836/16]
View answerThe budgetary allocation for the Irish Prison Service for the years referred to by the Deputy were as follows:
2016 - €332,058,000
2011 - €349,583,000
2006 - €389,572,000
The Irish Prison Service operates as an executive agency within the Department of Justice and Equality. It is headed by a Director General supported by five Directors (two of these posts are currently vacant).
The Irish Prison Service's management structure provides for four Governor grades - Campus Governor, Governor 1, Governor 2 and Governor 3. There are currently three Campus Governors, one Governor 1, eight Governor 2s and 13 Governor 3s. There are also Deputy Governor and Assistant Governor grades.
The top ten personnel hold the grades of Director General, Director, Campus Governor, Governor 1 and Governor. The top and bottom points of the current payscales (PPC rate) for these grades are set out below:
Director General: €163,372 (single point on scale)
Director of Care and Rehabilitation: €135,994 (single point on scale)
Director: €85,127 - €103,976
Campus Governor: €112,899 - €117,811
Governor 1: €78,912 - €98,065
Governor 2: €71,738 - €90,141
Directors, not including the Director General and the Director of Care and Rehabilitation, receive an annual Director's allowance of €12,608. Governors, except Campus Governors, receive an Operational Allowance of 8%, Rent Allowance of €4,017 per annum, Plain Clothes Allowance of €441 per annum and a Governor's Allowance of between €5880 and €7049.
55. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality if she is satisfied that no gender discrimination exists in the prison system; and if she will make a statement on the matter. [29837/16]
View answerI can advise the Deputy that the Irish Prison Service operates within the parameters set out in Irish, European and international human rights law and promotes equality and human rights through its policies and practices.
Separation of male and female prisoners is provided for under Section 52 of the Consolidated Prison Rules 2007-2014. Female prisoners are accommodated in the Dóchas Centre which is a separate facility for females within the Mountjoy Prison Campus and female offenders in the Munster area are accommodated in Limerick Female Prison.
At present, there is no open prison facility for females, however in the joint Probation Service/Irish Prison Service Women's Strategy 2014 - 2016, "An Effective Response to Women who Offend", the Irish Prison Service gave a commitment to explore the development of an open centre/open conditions for women assessed as low risk of re-offending. A joint Prison Service/Probation Service working group considered an open centre for women and decided to recommend step down facilities for women as a more practical and cost effective way to address the deficit rather than developing an open centre for women. In this regard, I have given approval to the Heads of the Irish Prison Service and Probation Service to proceed to scope the possibility for the development of a step down unit for women in Dublin.
