Jim O'Callaghan
Question:103. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when responsibility for criminal legal aid will be transferred to the Legal Aid Board. [39757/16]
View answerLegal Aid Service
Questions (103)
Written answers
Work on the drafting of a Criminal Justice (Legal Aid) Bill is at an advanced stage in my Department. The key purpose of the legislation is to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to give effect to Government Programme commitments in respect of criminal legal aid, including introducing a more rigorous and objective means testing system for criminal legal aid, provision for contributions, and new sanctions. It is my intention to seek approval of Government for a General Scheme of the Bill and submit it to the Oireachtas for pre-legislative scrutiny as early as is feasible in 2017.
Legal Aid Service
Questions (104)
Jim O'Callaghan
Question:104. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the status of her Department’s examination of the feasibility of a new public defender system. [39758/16]
View answerWritten answers
The Programme for a Partnership Government contains a commitment to examine the feasibility of a new Public Defender system. The necessary work to give effect to this commitment is under way in my Department. In particular, the Department is in contact with relevant agencies and work on the research and review of a Public Defender system, including previous reports in the matter and the position in other jurisdictions, is ongoing. I expect to be in a position to report to the Government on this matter early in 2017.
Garda Stations
Questions (105)
Jim O'Callaghan
Question:105. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when the pilot scheme to reopen six Garda stations will commence. [39760/16]
View answerWritten answers
The Deputy will be aware that the Government has, in the Programme for a Partnership Government, recognised community policing as 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 visible, effective and responsive policing in every community, including the most minimal response times possible.
Under the Programme, the Government is committed to asking the Policing Authority to oversee a review of, among other things, the dispersal of Garda stations in rural areas. In addition, the Government is committed to launching a pilot scheme to reopen 6 Garda stations, both urban and rural, to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order.
In relation to the proposed pilot scheme, I have requested the Garda Commissioner, while fully cognisant of her statutory functions in relation to the distribution of Garda resources in the State, to identify for reopening 6 stations that were closed under the Garda Síochána District and Station Rationalisation Programme. I have also asked the Authority to initiate the proposed review.
Joint Policing Committees
Questions (106)
Jim O'Callaghan
Question:106. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the resources provided by her Department to local joint policing committees in 2015 and 2016; and the amount being provided in 2017. [39761/16]
View answerWritten answers
It is important to note that the JPCs were established to act as a forum to improve collaboration and engagement rather than a new administrative function with corresponding budgets and other resources. There are already substantial resources deployed to addressing local policing and community safety issues and the JPCs are intended to enhance how these resources are deployed, not to supplement them.
Each agency involved in the Committees is generally expected to meet the expenses arising for itself in establishing and operating the Committees from within its own budget. As the Deputy is aware, the Government has allocated very substantial increases in Garda resources, underpinned by the commitment to increase Garda number to 15,000 overall. These investments will support all policing activities including community engagement and Garda participation on consultative fora, including Joint Policing Committees.
Garda Strength
Questions (107)
Jim O'Callaghan
Question:107. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the current strength of each specialist unit in An Garda Síochána involved in the fight against all forms of serious crime with regard to the programme for Government commitment on the need to build up to full strength at the earliest opportunity; and the target level for each. [39762/16]
View answerWritten answers
As the Deputy will appreciate, the Garda Commissioner 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. 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 am informed by the Garda Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
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. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Appointments will also be made to the Garda Reserve of approximately 300.
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. This is an ambitious target and will require a continuous pipeline of suitable candidates. I am pleased to say that the recruitment campaign launched by the Public Appointments Service on behalf of the Commissioner last September, the second campaign this year, again received a strong response.
I am informed by the Garda Commissioner that since the reopening of the Garda College, 679 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I expect that the specialist units will, like all policing activities, benefit as a result of these new resources coming on stream.
For the Deputy's information I have set out below the strength of the specialist units which form Garda Special Crime Operations (formerly National Support Services) as of the 31 October 2016 ( the latest date for which figures are available) as provided by the Commissioner. I am advised that for security and operational reasons the strength of other specialist units, namely: the Armed Response Units, Emergency Response Unit, Special Detective Unit and Security and Intelligence Section, cannot be provided.
Strength of Garda Special Crime Operations 31 October 2016
|
- |
No. |
|
Garda National Economic Crime Bureau |
55 |
|
Garda National Technical Bureau |
72 |
|
Garda National Bureau of Criminal Investigation |
45 |
|
Garda National Drugs & Organised Crime Bureau |
105 |
|
Criminal Assets Bureau |
34 |
|
Garda National Protective Services Bureau |
30 |
|
Garda National Immigration Bureau |
115 |
Garda Data
Questions (108)
Jim O'Callaghan
Question:108. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of Garda business fora established since May 2016. [39763/16]
View answerWritten answers
I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly when the report is to hand.
The following deferred reply was received under Standing Order 42A
I refer to your recent Parliamentary Question (No. 108 of 13 December, 2016) where you sought:
"....the number of business fora established since May 2016".
As you will recall, the requested information could not be obtained in the time available and I undertook to contact you again when the Garda report was to hand.
I am advised that An Garda Síochána engages with a wide range of stakeholder groups as an integral part of its approach to policing and crime prevention. At national level a Strategic Retail Forum is convened twice a year as an important element in the implementation of the Garda Theft from Shops Crime Prevention and Reduction Strategy. Participants in the Forum include An Garda Síochána, Retail Ireland, RGDATA, the Small Firms Association (SFA), the Irish Small and Medium Enterprises (ISME), senior retail management representatives, security companies, chambers of commerce, chairs of local business fora and JPC representatives.
The Forum promotes schemes that build partnerships and support local Business Watch programmes. The purpose of the national forum is for stakeholders to share information from the meetings throughout their own organisations and encourage retailers to avail of the services of Divisional Crime Prevention Offices.
At local level Business Watch Schemes operate in various locations around the country, in cooperation with local Gardai. I have been informed by the Garda authorities that 33 notifications were received by An Garda Síochána regarding the establishment of Business Watch Schemes nationally since the commencement of 2016. I understand that, of these, 6 have been established since May, 2016.
I hope this information is of assistance.
Courts Service
Questions (109)
Jim O'Callaghan
Question:109. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the status of her plans to resource the courts, particularly the Circuit Court, to deal with increased non-summary prosecutions of serious crimes; and the additional resources being provided for this in 2017. [39764/16]
View answerWritten answers
As the Deputy may be aware, at its meeting of 6 December 2016, the Government decided to reassign, by appointment, three specialist judges of the Circuit Court as ordinary judges of the Circuit Court. These judges will fill the three existing vacancies in the Circuit Court and so, following their appointment, there will be no vacancies in the Circuit Court.
As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions. However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that while there was an increase in the number of prosecutions in the courts of non-summary serious crime offences in 2015, the full picture across the courts system for 2016 will be compiled early in 2017 and the trends carefully examined at that point.
The Courts Service has also advised me that the allocation of judicial resources and the scheduling of court cases is a matter for the Presidents of the courts and the judiciary who are, under the Constitution, independent in the exercise of their judicial functions. The Courts Service continue to work with the Presidents and the judiciary to support the efficient disposal of court cases and to ensure that waiting times are kept to a minimum and, where specific issues are identified, resources are targeted at areas of greatest need.
Probation and Welfare Service
Questions (110)
Jim O'Callaghan
Question:110. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the measures being put in place to strengthen supervision of prolific repeat offenders after they have served their prison sentences. [39765/16]
View answerWritten answers
Prolific offenders may be subject to a range of supervision measures. It is open to the Courts to impose a Post Release Supervision Order under the Sex Offenders Act 2001 or a Part Suspended Sentence Supervision Order under the Criminal Justice Act 2006. The supervision of offenders in the community post release is based on the outcome of a formal risk assessment process conducted by the Probation Service.
In an effort to strengthen the overall management of prolific offenders a Joint Agency Response to Crime (J-ARC) was developed. J-ARC is a strategic response to the management of prolific offenders. As part of this strategy a number of pilot initiatives have been developed to address the offenders' behaviour and reduce crime. J-ARC cases are managed on an inter-agency basis by An Garda Síochána, the Probation Service and the Irish Prison Service.
In November 2015 I formally launched J-ARC which four inter-agency initiatives in Dublin. This is now being extended to three additional areas; Dundalk, Waterford and Limerick.
On 22 September this year I launched the first Joint Strategy between the Department of Justice and Equality, An Garda Síochána, The Probation Service and the Irish Prison Service. The Joint Strategy, drawn up by the three agencies and with the full support of my Department recognises that in order to protect the public and reduce victimisation in Irish society, a joint approach to the management of offenders is essential. The Joint Strategy sets out a range of agreed key objectives and supporting actions for the enhanced management of offenders, to be advanced on an inter-agency basis in the period 2016-2018. It places particular emphasis on the management of high-volume offenders, sex offenders, perpetrators of domestic violence, combined with a strong focus on the rights and protection of crime victims.
Courts Service Administration
Questions (111)
Jim O'Callaghan
Question:111. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when she commissioned the annual study on court efficiency and sitting times benchmarked against international standards to provide accurate measurements for improving access to justice; and when it will be published. [39766/16]
View answerWritten answers
The Programme for a Partnership Government contains a commitment to commission an annual study on court efficiency and sitting times as outlined by the Deputy and my Department is currently examining options to develop the most effective approach to implementing this commitment.
As the Deputy will be aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, and the scheduling and hearing of court cases is a matter for the Presidents of the Courts and the presiding Judges. The times at which court hearings take place and the length of hearing days are matters falling within the responsibility of the judiciary. Court hearing times are arranged to enable judges to prepare for the case, read the papers where appropriate in the case or cases listed before them for hearing and to complete other preparatory work associated with their lists. Judges, in individual cases, regularly arrange earlier times for commencement of hearings and extend hearings beyond the usual finishing time to facilitate parties, witnesses and legal representatives, and to ensure hearings are completed within the time allocated to them in the court's calendar.
Business is scheduled in so far as possible with a view to ensuring that the court has sufficient business for the full duration of a scheduled sitting. The Court normally has no advance notice of matters that will not proceed, matters that will proceed as expected and matters that overrun their expected duration. Inevitably, on occasions, cases listed for hearing may settle and the Court will finish early. The Court, in scheduling cases, endeavours to strike a balance between managing the expectations of parties that their cases will get listed for hearing and the realistic possibility of such occurring. The Presidents of the Courts, in consultation with the Courts Service, keep waiting times under regular review. Where specific issues are identified additional judicial resources are targeted at the areas of greatest need.
The Supreme Court continues to make significant progress in dealing with the backlog of cases awaiting hearing with the proactive review and management of its caseload under the direction of the Chief Justice. Management of the Court of Appeal list is overseen by the President of the Court of Appeal and judges have been designated by him to actively manage both the civil and the criminal appeals list on a weekly basis to ensure cases are dealt with as efficiently as possible and delays are kept to a minimum. The establishment of the Second Special Criminal Court this year has also impacted positively on waiting times.
Waiting times in the High Court remain generally low and the President of the High Court continues to keep the waiting times under review and has introduced measures to assist in prompt disposal of cases. New measures introduced in the Bail List have had a positive impact on hearings with almost all matters now heard on the first day listed or the following day resulting in improved case conclusion times as well as in significant efficiencies for the Irish Prison Service. Waiting times in the Central Criminal Court have also been significantly reduced following the introduction by the President of a fifth sitting of the court.
Sittings of Circuit and District Courts are being held as scheduled and waiting times are kept under ongoing review in consultation with the Presidents of the courts to ensure waiting times are kept to a minimum. Earlier this year arrangements were put into place to redistribute the work of the District Court in Dublin to allow the use of three courtrooms in Chancery Street Courthouse for District Court Family Law child care business. This increased from five to eight the available courtrooms in Dublin to hear family law matters in the District Court. As the Deputy will be aware, it is my intention, subject to Government approval, to bring forward proposals in the coming months regarding a dedicated Family Court and issues relating to access to the Family Courts and optimising the use and availability of court time are likely arise for discussion in the course of discussions and consultations on those legislative proposals.
As the Deputy will also be aware, a Family Law and Children Court complex is being developed which will include a new Supreme Court facility and accommodation for court offices. The project will allow for the much needed replacement of facilities currently in Dolphin House, Phoenix House, Áras Uí Dhálaigh and the Children Court in a single location with custom-built facilities and will also provide appropriate accommodation for the Supreme Court.
I also intend to bring forward legislative proposals during 2017, in the form of a Civil Law and Courts (Miscellaneous Provisions) Bill, which among other things will make provision for electronic case filing in the courts.
Finally, a Criminal Procedure Bill is currently being drafted by the Office of the Parliamentary Counsel. The primary aim of the Bill is to reduce delays and increase efficiency and fairness in the criminal trial process. The Bill will in particular provide for new Preliminary Trial Hearings to allow for procedural arguments which arise during trials at present to be dealt with before a jury is empanelled, thereby saving time and allowing juries to focus on the facts of the case. My officials are working closely with the Office of the Parliamentary Counsel to progress the Bill.
Against the overall backdrop of these and other developments, and bearing in mind the considerable number of legislative priorities already in train, including many relating to the courts, I intend in the new year to revisit the particular Programme for Government commitment referred to by the Deputy with a view to identifying a process for delivering on that item in 2017.
Court Sittings
Questions (112)
Jim O'Callaghan
Question:112. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when she plans to publish legislation to reduce excessive delays in trials and court proceedings, including pre-trial hearings. [39767/16]
View answerWritten answers
A Criminal Procedure Bill is currently being drafted by the Office of the Parliamentary Counsel. The primary aim of the Bill is to reduce delays and increase efficiency and fairness in the criminal trial process. The Bill will in particular provide for new Preliminary Trial Hearings to allow for procedural arguments which arise during trials at present to be dealt with before a jury is empanelled, thereby saving time and allowing juries to focus on the facts of the case.
My officials are working closely with the Office of the Parliamentary Counsel to progress the Bill.
Coroners Service
Questions (113)
Joan Collins
Question:113. Deputy Joan Collins asked the Tánaiste and Minister for Justice and Equality if she will support an immediate inquest followed by a commission of inquiry into the case of a person (details supplied). [39770/16]
View answerWritten answers
I can assure the Deputy that I am aware of the various concerns which have been raised about the case referred to. I am advised that the Garda investigation in relation to this case is ongoing and that the Garda Commissioner has requested the Serious Crime Review Team (SCRT) to examine the case, as a matter of priority, ensuring that all avenues of enquiry are fully explored and addressed. In this context, the Deputy will appreciate that it would not be appropriate for me to make any more detailed comment on the matter.
In relation to the holding of an inquest, the Deputy may be aware that, under the Coroners Act 1962, as amended, a coroner is a statutory officer exercising quasi-judicial functions, in relation to which he or she is independent. A Coroner is responsible for the scheduling and conduct of inquests in his or her district and it is not open to me, as Minister, to intervene in this regard.
Suicide Prevention
Questions (114)
Jonathan O'Brien
Question:114. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the suicide prevention training available to gardaí; and the percentage of Gardaí that have taken this training up. [39846/16]
View answerWritten answers
As the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including by arranging for the training of its members and civilian staff and I, as Minister, have no direct role in the matter.
I have requested the information sought from the Garda Commissioner and when it is to hand I will provide it to the Deputy.
Suicide Prevention
Questions (115)
Jonathan O'Brien
Question:115. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the suicide prevention training available to prison staff; and the percentage of prison staff who have taken this training up. [39847/16]
View answerWritten answers
I am informed by the Irish Prison Service that it developed an updated Mental Health Awareness Programme for staff in 2014. The development of this programme was overseen, and approved, by the Mental Health Training Oversight Group, comprising representatives of the healthcare, psychiatry, psychology services, staff support services and the Irish Prison Service College. The programme provides training on all aspects of mental health, including suicide prevention training.
This programme is currently being delivered to all prison staff, and to date 665 staff have been trained. This Programme is also being delivered to all Recruit Prison officers as part of their mandatory training schedule.
Departmental Funding
Questions (116)
Éamon Ó Cuív
Question:116. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality when a decision will be made on an application for funding to the Commission for the Support of Victims of Crime by a group (details supplied); if this will include funding for a full-time worker; and if she will make a statement on the matter. [39852/16]
View answerWritten answers
My Department is currently considering applications for funding for victims of crime for 2017. I am aware of the organisation's application, and it is my intention that all organisations that have applied for funding will be notified of the decision on their application before the end of the year.
Court Judgments
Questions (117)
Peadar Tóibín
Question:117. Deputy Peadar Tóibín asked the Tánaiste and Minister for Justice and Equality if her Department has been involved in any court proceeding that involved non-disclosure agreements in the past five years; and if so, if the specific court ruling prevented knowledge of the court proceeding being known and knowledge of the participants to the court proceeding from being made known for each of these agreements. [39871/16]
View answerWritten answers
The Chief State Solicitors Office (CSSO) may, in appropriate cases, enter settlement agreements with the legal representatives of individuals who have applied for a Judicial Review of an executive decision. Such a letter will propose terms of settlement and will generally include a clause setting out that the applicant and their legal representatives will, as part of the agreement, jointly agree not to disclose or reveal the contents of the settlement. This is a routine practice in litigation, not unique to this jurisdiction and such settlements are agreed between the CSSO and various solicitors representing applicants on a case by case basis. These agreements relate to legal representatives of private individuals and many of these individuals may have at some stage applied for asylum or protection status in the State. I would therefore not be in a position to disclose the details of such individual cases. Indeed, as the Deputy may be aware, in cases brought by a person seeking asylum, the Court withholds the identity of the applicants from its published judgment in order to protect their confidentiality.
In addition, in circumstances where the State is defending proceedings involving claims for damages, it is commonplace for legal proceedings to be settled on the basis of confidentiality being maintained by way of agreement between the parties in relation to the terms of any settlement. Once a confidentiality clause becomes part of a settlement, it is commonplace that these proceedings are then struck out either with /without an Order, in accordance with the agreement between the parties.
It should be noted that my Department seeks to ensure that feedback from court cases and/or judgments is conveyed to the relevant policy or operation division in order to have any lessons learned applied to processes or policy.
UN Convention on the Rights of Persons with Disabilities
Questions (118)
Gino Kenny
Question:118. Deputy Gino Kenny asked the Tánaiste and Minister for Justice and Equality the nature of the significant blockages or barriers to ratification and enactment of the 2007 Convention on the Rights of Persons with Disabilities in view of the fact that there is no legal impediment to ratification from the United Nations perspective; the measures taken to address the putative barriers or blockages to date; when ratification can be expected; and if she will make a statement on the matter. [39886/16]
View answerWritten answers
Ireland is a dualist State, Article 29.6 of the Constitution providing that international agreements have the force of law to the extent determined by the Oireachtas. It is essential therefore that the State is in a position to meet the obligations it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland. The previous Government published a Roadmap in October 2015, which sets out the legislative measures needed to meet those requirements, along with declarations and reservations to be entered by Ireland on ratification.
Considerable progress has already been made to overcome the remaining legislative barriers to Ireland's ratification of the Convention. 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 completed Committee Stage in the Dáil on 7 December. 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 underway on drawing up the Equality/Disability (Miscellaneous Provisions) Bill to progress miscellaneous legislative amendments necessary to proceed to ratification. The Bill will address issues such as the Convention's requirements in relation to reasonable accommodation and deprivation of liberty. The General Scheme of the Equality/Disability (Miscellaneous Provisions) Bill is available on the Department of Justice and Equality website. The Bill is at the final stages of drafting and while I am not in a position to give an exact date, I expect the Bill to be published very shortly so as to facilitate ratification of the Convention as early as possible.
Charitable and Voluntary Organisations
Questions (119)
John Halligan
Question:119. Deputy John Halligan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 90 of 13 July 2016, the number of organisations that have still not registered with the Charities Regulation Authority despite deadlines of 16 April 2016 and 31 October 2016 in tabular form; the number of charities that have registered and the level or overall registration compliance for organisations with a 31 December year end now that the 31 October reporting deadline has now passed; and if she will make a statement on the matter. [39888/16]
View answerWritten answers
The Charities Regulatory Authority ('Charities Regulator') was established in October 2014 to regulate all charitable organisations in Ireland in accordance with the provisions of the Charities Act 2009. On establishment date, all charities with a valid CHY number, i.e. those with tax exemption status from the Revenue Commissioners, were automatically entered on the statutory Register of Charities. Part 4 of the 2009 Act, providing for new investigatory and enforcement powers allowing the Regulator to investigate the affairs of a charitable organisation and to take enforcement action if necessary, was commenced on 5 September 2016.
I am advised by the Charities Regulator that a total of 7,942 charities with CHY numbers are deemed to be registered. In order for charities to be in compliance with the Charities Act they must:
(a) engage with the Charities Regulatory Authority and establish an online account;
(b) complete and submit details for the Public Register of Charities; and
(c) on an annual basis prepare and file annual reports and accounts.
The following table provides details on the current status of the 7,942 charities:
|
Status |
Charities |
% of total |
% Change from end 2015 |
|
a) Engaged and Established Account |
5,736 |
72% |
Up 57% |
|
b) Submitted details for Public Register |
5,027 |
63% |
Up 282% |
|
c) Annual Report & Accounts Filed |
4,410 |
55% |
Up 509% |
I am advised that the Regulator has begun a final phase of contacting those who have yet to engage to establish if they are still operating. The removal from the Register of charities which are no longer operating will result in a reduction of the total number of deemed registered charities. By not ensuring that they are in compliance with the Charities Act, they put their organisations at risk of financial and reputational damage and both the Regulator and I have urged charities to take steps to ensure compliance. Charities that continue to operate but which have not yet engaged with the Charities Regulator will be subject to potential enforcement action by the Regulator.
Legal Services Regulation
Questions (120)
Clare Daly
Question:120. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to parliamentary Question No. 108 of 1 December 2016, her views on the fact that the assurances she received from the body concerned do not tally with allegations contained in a letter from a person (details supplied) dated 5 November 2016 and forwarded to her by An Taoiseach; the steps she is taking to investigate these conflicting accounts of events. [39901/16]
View answerWritten answers
The allegations to which the Deputy refers relate to the respective conduct of business by the body concerned under its general constitution, disciplinary code and code of conduct and in relation to the body's making available of certain statutory forms and like matters. As I have previously conveyed to the Deputy in my Written Reply of 1 December 2016 to which she has referred, it remains for the governing body of the entity concerned, being as it is a private body, to competently conduct the indoor management and to oversee the conduct of its own business in accordance with its own rules and procedures and, as I have also already conveyed to the Deputy, the body concerned has confirmed to my Department on 14 October 2016 that it is satisfied that it has followed its internal procedures. As well as recognising the internal jurisdiction of the private body concerned over the running of its own affairs, including under its own rules of association, I also have to be cognisant of the reputational implications of allegations being made where, as in this case, named individuals may be concerned. Moreover, these are matters which could, in their resolution, give rise to possible litigation or judicial review.
It is for the person making the allegations concerned to take them up in an appropriate manner with the body concerned. It is also my understanding that the allegations in the letter cited by the Deputy refer, among other matters, to the modalities of appointment of a professional conduct tribunal the specific proceedings of which are subject to ongoing court proceedings to which both the person making these allegations and the private body concerned are parties and I will not, therefore, be commenting further on this matter.
The Legal Services Regulation Act 2015 provides that one member of the Legal Services Regulatory Authority shall be nominated by the Bar Council. Such a nomination was duly received from the Director of the Bar Council on behalf of the Council and the procedures having been followed in accordance with section 9 of the 2015 Act, the person concerned was appointed to the Legal Services Regulatory Authority on 27 September 2016.
Suicide Incidence
Questions (121)
Jonathan O'Brien
Question:121. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of suicides and parasuicides during each of the past ten years in Irish prisons. [39902/16]
View answerWritten answers
I am advised by the Irish Prison Service that there have been 16 deaths in custody which have been determined as death by suicide in the period from 2006 to 2016 inclusive. The Irish Prison Service has also advised that there are 25 inquests pending; no cause of death has been determined in those cases as the coroners' inquest has not been completed.
The Irish Prison Service has confirmed that it does not currently collate data on parasuicide in the manner requested. However, it has recently developed a matrix on incidents of self harm which will allow it to differentiate between the levels of intent in incidents of self harm and identify incidents of parasuicide in the future.
Suicide Prevention
Questions (122)
Jonathan O'Brien
Question:122. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the details of members of each local suicide and self-harm prevention group in each Irish prison; and the number of times and the dates each of those groups has met during each year since its establishment. [39908/16]
View answerWritten answers
The Irish Prison Service has advised me that the circumstances of each death in custody and incident of self-harm are examined by a suicide prevention group in each institution. The groups are chaired by a Prison Governor, and include representatives from the various services, which can include the Prison Doctor, Psychiatry, Psychology, Chaplaincy, Probation, Education, and Prison staff. The Groups are required to meet quarterly, or more often if necessary.
Their examinations fully cover the background and circumstances of each death. Their objective is to identify, where possible, measures which might be implemented to contribute to a reduction in the risk of deaths in the future. In addition, the National Suicide and Harm Prevention Steering Group chaired by the Director General, Irish Prison Service, provides a forum for collating the reports of the local Suicide Prevention Committees and disseminating significant findings throughout the prison system.
Garda Inspectorate Reports
Questions (123)
Pearse Doherty
Question:123. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the number of recommendations from the Garda Inspectorate report of 2009 on missing persons that have been implemented; if she will provide an explanation for each recommendation not yet implemented; and if she will make a statement on the matter. [39946/16]
View answerWritten answers
In line with a commitment in the Programme for Government 2007, the Garda Síochána Inspectorate examined Garda practice with regard to missing persons. The Inspectorate found overall that Garda systems for handling missing persons cases are in line with international best practice. The Inspectorate's Report contained 18 recommendations on how these systems could be further enhanced and 17 of these recommendations have been implemented.
Recommendation 11, which states that 'the Garda Síochána ensure that missing persons technology allows for collaboration and coordination with the Police Service of Northern Ireland and other police services across Europe', has been deferred with the acknowledgment of the Garda Inspectorate.
To identify the optimum technology required to support effective collaboration, co-ordination and communication with other police services, An Garda Síochána has observed a cross border alert involving Belgium, France, the Netherlands and the United Kingdom. However, current technology allows for the collaboration by An Garda Síochána with the International Centre for Missing and Exploited Children (ICMEC) on its international website for missing children and in all cases with an international dimension, the services of INTERPOL are utilised.
In 2012, the Child Rescue Ireland (CRI) Alert was launched, which enables An Garda Síochána to seek the assistance of the public where a child has been abducted and where there is a reasonable belief that there is an immediate and serious risk to the health or welfare of a child. In 2013, a mobile 'app' for CRI Alert was launched and to date over 20,000 people have downloaded it.
Missing Children
Questions (124)
Pearse Doherty
Question:124. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the time a website (details supplied) has not been working; and if she will make a statement on the matter. [39947/16]
View answerWritten answers
The website in question is hosted by the Global Missing Children Network (GMCN) and while An Garda Síochána contributes to the site, neither my Department nor An Garda Síochána has a direct role in its administration. I am advised by the Garda authorities that a new GMCN website was launched in May 2015. The cases from www.missingkids.ie have been moved to this new system and further information is available at http://internationalmissingchild.org.
Missing Persons
Questions (125)
Pearse Doherty
Question:125. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the reason all missing persons, as per her reply on 6 December 2016 on the issue, are not on the section of the Garda website for missing persons; and if she will make a statement on the matter. [39948/16]
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The website in question is operated by An Garda Síochána and I have no direct role in its administration. However, I am informed by the Garda authorities that the missing persons section on the Garda website is managed and maintained by the Missing Persons Bureau which is part of the Garda National Protective Services Bureau.
As the Deputy will be aware, the District Officer of a District where a person is reported missing is responsible for the investigation of that incident. They also provide details on any missing persons to the Missing Persons Bureau, including any information to be displayed on the Garda website. The District Officer requires both the written consent of the family of the person reported missing and a recent photograph before an individual can be included in the missing persons section on the Garda website.
If the family of any person reported missing wishes to have their loved ones details included on the website, they should contact their local Garda station for further information.
Missing Persons
Questions (126)
Pearse Doherty
Question:126. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality if An Garda Síochána is carrying out a full review of all missing persons cases since 1951; and if she will make a statement on the matter. [39950/16]
View answerWritten answers
The Deputy will appreciate that management of particular Garda investigations, including the allocation of resources, and the identification of lines of inquiry, are matters in the first instance for the Garda authorities and I have no direct role in this regard. All incidents where persons have been reported missing remain under investigation until such time as the person is located.
District Officers in the area where person has gone missing take direct responsibility for all investigations / searches carried out. Local investigation teams are appointed by the District Officer and all means necessary, including the services of specialist units, are deployed to assist in these investigations, when considered appropriate. The Missing Persons Bureau is responsible for all data relating to missing persons and provides expert assistance and advice to District Officers in all high risk missing person cases.