Written Answers Nos. 86-96
86. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the issues that are taken into consideration for temporary release or community return applications for a prisoner; if An Garda Síochána is consulted during the course of the consideration of the application; and if she will make a statement on the matter. [10656/17]
View answerI can advise the Deputy that the legislative basis for making decisions on temporary release and temporary release for the purpose of engaging in the Community Return Scheme 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.
The Community Return Programme is an incentivised early release scheme co-managed by the Irish Prison Service and the Probation Service. The Programme targets well behaved prisoners serving sentences of between 1 and 8 years imprisonment who are making genuine efforts to desist from reoffending. Prisoners serving sentences of less than one year are ineligible for Community Return and may instead be considered for release under the Community Support Scheme. Persons serving sentences of over 8 years generally fall within the Parole Board process.
Each application for Temporary Release or Community Return 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.
87. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of prisoners with a previous prison record who were granted temporary release or community return in each of the years 2014 to 2016 and to date in 2017; the rate of recidivism for this cohort of prisoners; and if she will make a statement on the matter. [10657/17]
View answerI can advise the Deputy that the number of prisoners granted full or reviewable temporary release, including temporary release to the Community Return Scheme, for the years 2014 to date in 2017 is set out in the following table.
Total number of prisoners granted Temporary Release/Community Return
|
Year |
Total number of prisoners granted Temporary Release/Community Return |
|
2017 |
1, 297 |
|
2016 |
9,345 |
|
2015 |
10,767 |
|
2014 |
10,811 |
Statistics requested regarding the number of prisoners with a previous prison record, are not readily available and would require a manual examination of records. Such an examination would require a disproportionate and inordinate amount of staff time and effort and cannot be justified in current circumstances where there are other significant demands on resources.
The Irish Prison Service Recidivism study for 2010 shows that 2,561 persons out of a total of 9,339 that were released in that year went on to re-offend within the first 6 months of release. As well as offences committed after expiration of sentence, this figure also includes offences committed before their official release date and this would take account of crimes committed while on early release, day release, and compassionate release. It also includes offences committed while in custody such as assaults and possession of mobile phones.
These figures were produced in partnership with the Central Statistics Office using a combination of Garda Síochána and Irish Prison Service records, based on the Irish Crime Classification System. The study, which was published on 10 November 2016, looked at the available data up to the end of 2013 to take account of the time to make a conviction and a broader 3 year analysis of recidivism.
88. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of prisoners with a previous criminal record for gun crime who were granted temporary release or community return in each of the years 2014 to 2016 and to date in 2017; and if she will make a statement on the matter. [10658/17]
View answerStatistics requested regarding the number of prisoners with a previous criminal record for gun crime are not readily available and would require a manual examination of records. Such an examination would require a disproportionate and inordinate amount of staff time and effort and cannot be justified in current circumstances where there are other significant demands on resources.
89. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the total number, by gender, of persons imprisoned in 2011, 2012, 2013, 2014, 2015 and 2016; the total numbers of prisoners, by gender, granted temporary release and community return in the same period; and if she will make a statement on the matter. [10659/17]
View answerI wish to advise the Deputy that the figures for persons imprisoned for the years 2011 to 2015 are outlined in the following table. The figures for 2016 are currently unavailable pending the publication of the Irish Prison Service 2016 Annual Report.
Persons imprisoned for the years 2011 to 2015
|
Year |
Male |
Female |
Total |
|
2015 |
11,264 |
2,918 |
14,182 |
|
2014 |
10,723 |
2,685 |
13,408 |
|
2013 |
10,729 |
2,326 |
13,055 |
|
2012 |
11,709 |
2,151 |
13,860 |
|
2011 |
12,050 |
1,902 |
13,952 |
The number of prisoners granted temporary release prior to March 2012 is not readily available and would require a manual examination of records. Such an examination would require a disproportionate and inordinate amount of staff time and effort and cannot be justified in current circumstances where there are other significant demands on resources.
However the Irish Prison Service introduced a new Prisoner Information Management System (PIMS) on 03 March, 2012 and it is therefore possible to provide the information requested from 03 March, 2012 to date. This information is set out in the following table.
Total number of prisoners granted Temporary Release
|
Year |
Male |
Female |
Total number of prisoners granted Temporary Release |
|
2016 |
7,228 |
2,117 |
9,345 |
|
2015 |
8,377 |
2,390 |
10,767 |
|
2014 |
8,533 |
2,278 |
10,811 |
|
2013 |
8,514 |
2,072 |
10,586 |
|
2012 (from 3rd March) |
7,585 |
1,495 |
9,080 |
Each application for Temporary Release of any nature including Community Return is considered on its individual merits and a number of factors are taken into account when making a decision including the nature of the offence, whether or not the person is a first-time offender and whether the person poses a threat to public safety.
The Irish Prison Service publishes figures in relation to the number of prisoners currently on temporary release on their website www.irishprisons.ie on a daily basis. I can advise the Deputy that the number of prisoners on temporary release on 28 February 2017 was 252 which represented approximately 6% of the overall prison population, this includes 66 persons on the community return scheme.
The numbers of person who have availed of temporary release to the Community Return Scheme since 2011 are outlined in the following table.
The numbers of person who have availed of temporary release to the Community Return Scheme since 2011
|
Prison |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
Total |
|
Arbour Hill |
1 |
1 |
|||||
|
Castlerea |
5 |
6 |
11 |
8 |
8 |
38 |
|
|
Cloverhill |
3 |
0 |
2 |
1 |
6 |
||
|
Cork |
29 |
19 |
41 |
28 |
17 |
134 |
|
|
Dochas |
12 |
21 |
14 |
12 |
9 |
68 |
|
|
Limerick |
7 |
22 |
39 |
35 |
20 |
29 |
152 |
|
Loughan |
11 |
27 |
79 |
92 |
75 |
83 |
367 |
|
Midlands |
5 |
29 |
33 |
33 |
17 |
16 |
133 |
|
Mountjoy |
11 |
40 |
36 |
23 |
24 |
9 |
143 |
|
Portlaoise |
4 |
15 |
9 |
8 |
5 |
41 |
|
|
Shelton |
18 |
70 |
82 |
127 |
87 |
82 |
466 |
|
St Pats |
12 |
19 |
2 |
0 |
0 |
33 |
|
|
Training Unit |
7 |
36 |
18 |
43 |
27 |
24 |
155 |
|
Wheatfield |
7 |
13 |
26 |
25 |
14 |
18 |
103 |
|
Total |
66 |
299 |
396 |
455 |
323 |
301 |
1840 |
90. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of prisoners who were granted temporary release or community return in the first six weeks of their sentence in each of the years 2011 to 2016; and if she will make a statement on the matter. [10660/17]
View answerI am informed by the Irish Prison Service that the statistics being sought are not readily available. The information is currently being collated and I will respond to the Deputy as soon as the information is to hand.
The following deferred reply was received under Standing Order 42A:
I refer to Parliamentary Question No. 90 for answer on 01 March 2017, in which you requested the number of prisoners that were granted temporary release or community return in the first six weeks of their serving their sentence in each of the years 2011 to 2016.
As the Deputy will recall, the information he requested could not be obtained in the time available, and I undertook to contact him again when this information was to hand.
I can inform the Deputy that Community Return is applicable for persons serving 1 to 8 years. They can qualify for temporary release at the half way stage of their sentence. The earliest possible eligibility is therefore after 6 months in custody (50% of 1 year). No persons are eligible after only six weeks.
I can further inform the Deputy the number of prisoners that were granted temporary release in the first six weeks of their serving their sentence in Year 2011 is not readily available and would require a manual examination of records. Such an examination would require a disproportionate and inordinate amount of staff time and effort and can not be justified in current circumstances where there are other significant demands on resources.
The figures for 2016 are currently being compiled and will be made available at the publication of the Irish Prison Service 2016 Annual Report.
The Irish Prison Service introduced a new Prisoner Information Management System (PIMS) on 03 March, 2012 and it is therefore possible to provide the information requested from Year 2012 to Year 2015.
In 2015, the number of prisoners that were granted temporary release in the first six weeks of their serving their sentence was 8,418.
In 2014, the number of prisoners that were granted temporary release in the first six weeks of their serving their sentence was 8,148.
In 2013, the number of prisoners that were granted temporary release in the first six weeks of their serving their sentence was 7,813.
In 2012, the number of prisoners that were granted temporary release in the first six weeks of their serving their sentence was 7,714.
The Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003 provides that sentenced prisoners may be approved temporary release whether it be for a few hours or a more extended period. The Act sets out the circumstances when temporary release may be provided and what matters must be taken into account.
Candidates for temporary release are identified by a number of different means but primarily on the recommendation of the Prison Governor or the therapeutic services in the prisons. The prisoner, their family or their legal representative can also apply for consideration of such a concession. Recommendations are also made to me in relation to long term sentence prisoners by the Parole Board. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation is to that effect. Before a final determination a number of factors may be taken into account 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
Temporary release assists in gradually preparing suitable offenders for release and in administering short sentences, and is an incentive to prisoners. It is an important vehicle for re-integrating an offender into the community in a planned way. The generally accepted view is that the risk to the community is reduced by planned re-integration of offenders compared with their return to the community on the completion of their full sentence. Each application for temporary release for whatever reason, including those referred to in your question, is examined on its own merits and the safety of the public is paramount when decisions are made.
In addition, all releases are subject to conditions, which in the vast majority of cases include a requirement to report on a daily basis to the offender's Garda Station. Of course, any offender who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí or maybe refused another period of reviewable temporary release.
I hope this information is of assistance.
91. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of Garda stations at each location in the community that have been closed each year between 2011 and 2015; the outcome for each premises at each location; the total costs associated with the premises at each location for the same period; and if she will make a statement on the matter. [10661/17]
View answerDuring 2011 and 2012, as the Deputy will be aware, An Garda Síochána completed a comprehensive review of its district and station network. The objective of this review was to identify opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within the organisation. The review concluded that a revised district and station network commensurate with the organisation’s resource base would best meet public demand.
As a result, the Garda District and Station Rationalisation Programme was implemented in 2012 and 2013. This was reflected in An Garda Síochána’s Policing Plans for 2012 and 2013 which set out the details of the closure of 39 Garda stations in 2012 and 100 Garda stations in 2013 and the amalgamation of 28 Garda districts to fourteen 14 enlarged Garda districts. In addition, Kilmihil Garda station closed on 31 January 2013 with the policing service for the Kilmihil sub-district being provided by Lissycasey Garda station. On 2 March 2015, Lissycasey Garda Station was closed and Kilmihil Garda Station was reopened.
I am advised by the Garda Authorities that almost all of the Garda Stations closed under the Programme were returned to, and are now under the control and maintenance of the Office of Public Works (OPW). The costs associated with these properties and their potential future use are matters for the OPW as the owner of the properties. I understand that the OPW has sold a number of the properties, assigned a number of properties to community groups and retained a number of properties for State use.
The Garda Stations closed in 2012 and 2013 are listed in the following tables.
39 Garda Stations closed in 2012
|
No |
Region |
Division |
District |
Station |
|
1 |
Western Region |
Clare |
Kilrush |
Carrigaholt |
|
2 |
Western Region |
Galway |
Galway |
Corrandulla |
|
3 |
Western Region |
Mayo |
Béal an Mhuirthead |
Bellacorick |
|
4 |
Western Region |
Mayo |
Castlebar |
Glenisland |
|
5 |
Western Region |
Mayo |
Castlebar |
Tourmakeady |
|
6 |
Western Region |
Mayo |
Westport |
Mulranny |
|
7 |
Western Region |
Ross/Long |
Castlerea |
Loughglynn |
|
8 |
Western Region |
Ross/Long |
Boyle |
Tarmonbarry |
|
9 |
Western Region |
Ross/Long |
Boyle |
Cootehall |
|
10 |
Southern Region |
Limerick |
Askeaton |
Shanagolden |
|
11 |
Southern Region |
Limerick |
Bruff |
Doon |
|
12 |
Southern Region |
Cork North |
Cobh |
Glenville |
|
13 |
Southern Region |
Cork West |
Clonakilty |
Castletownsend |
|
14 |
Southern Region |
Cork West |
Clonakilty |
Ballygurteen |
|
15 |
Southern Region |
Cork West |
Kanturk |
Knocknagree |
|
16 |
Southern Region |
Cork West |
Bandon |
Ballyfeard |
|
17 |
Southern Region |
Cork West |
Bantry |
Goleen |
|
18 |
Southern Region |
Cork West |
Macroom |
Inchigeela |
|
19 |
Southern Region |
Kerry |
Listowel |
Ballylongford |
|
20 |
Southern Region |
Kerry |
Listowel |
Moyvane |
|
21 |
Southern Region |
Kerry |
Tralee |
Clochan |
|
22 |
Northern Region |
Cavan/Mon |
Monaghan |
Clontibret |
|
23 |
Northern Region |
Cavan/Mon |
Monaghan |
Smithborough |
|
24 |
Northern Region |
Cavan/Mon |
Baileboro |
Tullyvin |
|
25 |
Northern Region |
Donegal |
Glenties |
An Dúchoraidh (Doochary) |
|
26 |
Northern Region |
Donegal |
Ballyshannon |
Dunkineely |
|
27 |
Northern Region |
Donegal |
Buncrana |
Culdaff |
|
28 |
Northern Region |
Sligo/Leitrim |
Ballymote |
Bunnanadden |
|
29 |
Northern Region |
Sligo/Leitrim |
Manorhamilton |
Drumkeeran |
|
30 |
Northern Region |
Sligo/Leitrim |
Manorhamilton |
Kiltyclogher |
|
31 |
South East Region |
Tipperary |
Nenagh |
Ballinderry |
|
32 |
South East Region |
Wexford |
New Ross |
Ballywilliam |
|
33 |
South East Region |
Wexford |
Wexford |
Baldwinstown |
|
34 |
South East Region |
Tipperary |
Thurles |
Ballinure |
|
35 |
Eastern Region |
Laois/Offaly |
Tullamore |
Geashill |
|
36 |
Dublin Metropolitan Region |
DMR South Central |
Pearse St |
Harcourt Terrace |
|
37 |
Dublin Metropolitan Region |
DMR North |
Ballymun |
Whitehall |
|
38 |
Dublin Metropolitan Region |
DMR North |
Balbriggan |
Rush |
|
39 |
Dublin Metropolitan Region |
DMR East |
Dun Laoghaire |
Dalkey |
Table 2: Garda Station Closures 2013 - 100 Garda Stations closed in 2013
|
No |
Region |
Division |
District |
Station |
|
1 |
Western |
Galway |
Galway |
Kiltullagh |
|
2 |
Western |
Galway |
Loughrea |
Tynagh |
|
3 |
Western |
Galway |
Loughrea |
New Inn |
|
4 |
Western |
Galway |
Gort |
Shanaglish |
|
5 |
Western |
Galway |
Gort |
Kilchreest |
|
6 |
Western |
Galway |
Gort |
Kilcolgan |
|
7 |
Western |
Galway |
Clifden |
Leenane |
|
8 |
Western |
Galway |
Ballinasloe |
Menlough |
|
9 |
Western |
Galway |
Tuam |
Kilconly |
|
10 |
Western |
Galway |
Tuam |
Ballymoe |
|
11 |
Western |
Clare |
Ennis |
Quin |
|
12 |
Western |
Clare |
Ennistymon |
Lahinch |
|
13 |
Western |
Clare |
Ennistymon |
Inagh |
|
14 |
Western |
Clare |
Killaloe |
Mountshannon |
|
15 |
Western |
Clare |
Killaloe |
Broadford |
|
16 |
Western |
Clare |
Kilrush |
Doonbeg |
|
17 |
Western |
Clare |
Kilrush |
Kilmihil * |
|
18 |
Western |
Clare |
Kilrush |
Labasheeda |
|
19 |
Western |
Mayo |
Castlebar |
Ballyvary |
|
20 |
Western |
Mayo |
Castlebar |
Ballyglass |
|
21 |
Western |
Mayo |
Ballina |
Ballycastle |
|
22 |
Western |
Mayo |
Ballina |
Lahardane |
|
23 |
Western |
Mayo |
Belmullet |
Blacksod |
|
24 |
Western |
Mayo |
Claremorris |
Hollymount |
|
25 |
Western |
Roscommon/Longford |
Roscommon |
Ballyforan |
|
26 |
Western |
Roscommon/Longford |
Roscommon |
Knockcroghery |
|
27 |
Western |
Roscommon/Longford |
Castlerea |
Ballintubber |
|
28 |
Western |
Roscommon/Longford |
Longford |
Newtowncashel |
|
29 |
Western |
Roscommon/Longford |
Granard |
Ballinalee |
|
30 |
Western |
Roscommon/Longford |
Granard |
Ardagh |
|
31 |
Southern |
Cork City |
Anglesea Street |
Barrack Street |
|
32 |
Southern |
Cork City |
Mayfield |
McCurtain Street |
|
33 |
Southern |
Cork City |
Mayfield |
Mallow Road |
|
34 |
Southern |
Cork City |
Gurranabraher |
Rathduff |
|
35 |
Southern |
Cork West |
Bandon |
Ballinspittal |
|
36 |
Southern |
Cork West |
Bantry |
Adrigole |
|
37 |
Southern |
Cork West |
Kanturk |
Meelin |
|
38 |
Southern |
Kerry |
Tralee |
Camp |
|
39 |
Southern |
Kerry |
Tralee |
Fenit |
|
40 |
Southern |
Kerry |
Tralee |
Abbeydorney |
|
41 |
Southern |
Kerry |
Killarney |
Beaufort |
|
42 |
Southern |
Kerry |
Killarney |
Lauragh |
|
43 |
Southern |
Kerry |
Killarney |
Kilgarvan |
|
44 |
Southern |
Kerry |
Listowel |
Brosna |
|
45 |
Southern |
Kerry |
Caherciveen |
Valentia Island |
|
46 |
Southern |
Kerry |
Caherciveen |
Ballinskelligs |
|
47 |
Southern |
Limerick |
Bruff |
Galbally |
|
48 |
Southern |
Limerick |
Bruff |
Kilfinane |
|
49 |
Southern |
Limerick |
Newcastle West |
Castletown Conyers |
|
50 |
Southern |
Limerick |
Newcastle West |
Kilmeedy |
|
51 |
Southern |
Limerick |
Newcastle West |
Tournafolla |
|
52 |
Southern |
Limerick |
Henry Street |
Mary Street |
|
53 |
Northern |
Cavan/Monaghan |
Monaghan |
Newbliss |
|
54 |
Northern |
Cavan/Monaghan |
Cavan |
Stradone |
|
55 |
Northern |
Cavan/Monaghan |
Ballyconnell |
Bawnboy |
|
56 |
Northern |
Cavan/Monaghan |
Carrickmacross |
Corrinshigagh |
|
57 |
Northern |
Cavan/Monaghan |
Cavan |
Redhills |
|
58 |
Northern |
Cavan/Monaghan |
Carrickmacross |
Shantonagh |
|
59 |
Northern |
Donegal |
Buncrana |
Malin |
|
60 |
Northern |
Donegal |
Letterkenny |
Na Brocacha |
|
61 |
Northern |
Donegal |
Milford |
Min an Lábáin |
|
62 |
Northern |
Donegal |
Glenties |
Gleann Cholm Cille |
|
63 |
Northern |
Donegal |
Glenties |
Annagaire |
|
64 |
Northern |
Sligo/Leitrim |
Ballymote |
Aclare |
|
65 |
Northern |
Sligo/Leitrim |
Ballymote |
Easkey |
|
66 |
Northern |
Sligo/Leitrim |
Ballymote |
Ballyfarnon |
|
67 |
Northern |
Sligo/Leitrim |
Sligo |
Cliffoney |
|
68 |
Northern |
Sligo/Leitrim |
Carrick on Shannon |
Cloone |
|
69 |
Northern |
Sligo/Leitrim |
Carrick on Shannon |
Keshcarrigan |
|
70 |
Northern |
Sligo/Leitrim |
Carrick on Shannon |
Dromod |
|
71 |
Northern |
Sligo/Leitrim |
Manorhamilton |
Dromahair |
|
72 |
Northern |
Sligo/Leitrim |
Manorhamilton |
Glenfarne |
|
73 |
South Eastern |
Tipperary |
Nenagh |
Terryglass |
|
74 |
South Eastern |
Tipperary |
Nenagh |
Rearcross |
|
75 |
South Eastern |
Tipperary |
Cahir |
New Inn |
|
76 |
South Eastern |
Tipperary |
Clonmel |
Grangemockler |
|
77 |
South Eastern |
Tipperary |
Tipperary Town |
Dundrum |
|
78 |
South Eastern |
Waterford |
Tramore |
Stradbally |
|
79 |
South Eastern |
Waterford |
Dungarvan |
Ballyduff |
|
80 |
South Eastern |
Wexford |
Enniscorthy |
Kiltealy |
|
81 |
South Eastern |
Kilkenny/Carlow |
Thomastown |
Inistioge |
|
82 |
South Eastern |
Kilkenny/Carlow |
Kilkenny |
Ballyragget |
|
83 |
South Eastern |
Kilkenny/Carlow |
Kilkenny |
Johnstown |
|
84 |
South Eastern |
Kilkenny/Carlow |
Carlow |
Leighlinbridge |
|
85 |
Eastern |
Wicklow |
Baltinglass |
Hollywood |
|
86 |
Eastern |
Wicklow |
Baltinglass |
Donard |
|
87 |
Eastern |
Westmeath |
Athlone |
Ballinahowan |
|
88 |
Eastern |
Westmeath |
Mullingar |
Castletown Geoghegan |
|
89 |
Eastern |
Westmeath |
Mullingar |
Finea |
|
90 |
Eastern |
Westmeath |
Mullingar |
Rathowen |
|
91 |
Eastern |
Meath |
Kells |
Crossakiel |
|
92 |
Eastern |
Meath |
Trim |
Kilmessan |
|
93 |
Eastern |
Laois/Offaly |
Portlaoise |
Ballacolla |
|
94 |
Eastern |
Laois/Offaly |
Birr |
Shannonbridge |
|
95 |
Eastern |
Laois/Offaly |
Portlaoise |
Ballinakill |
|
96 |
Eastern |
Kildare |
Kildare |
Ballytore |
|
97 |
Eastern |
Kildare |
Naas |
Kill |
|
98 |
Eastern |
Kildare |
Naas |
Ballymore Eustace |
|
99 |
Dublin Metropolitan Region |
DMR (Eastern) |
Dun Laoghaire |
Kill O’ the Grange |
|
100 |
Dublin Metropolitan Region |
DMR (Eastern) |
Blackrock |
Stepaside |
1 Garda Station closed in 2015
|
Region |
Division |
District |
Station |
|
|
1 |
Western Region |
Clare |
Kilrush |
Lissycasey * |
92. Deputy Mick Barry asked the Tánaiste and Minister for Justice and Equality when the training workshop in the newly built Cork prison will have its full complement of work training officers employed; and if she will make a statement on the matter. [10667/17]
View answerI am advised by the Irish Prison Service that the current staffing requirement of the work training area of Cork prison is 31, with 26 posts currently filled, giving rise to a staff shortfall of 5 in this area.
The opening of the new prison in Cork resulted in a significant change in the profile of staffing grades required to operate the new prison, with a focus on the provision of Work and training to prisoners which requires a greater number of Work Training Officers. However, the prison service operates a placement policy which provides for staff in other disciplines to fill vacancies in the work and training area to ensure services are maintained and workshops remain open, to the greatest extent possible, having regard to unpredictable demands which can arise on any given day.
While the Irish Prison Service is committed to the delivery of such structured activity to prisoners, and the utilisation of training workshops in both Cork and all prisons in the estate, the fact remains that there is a significant staffing shortfall across the prison estate, including at the grade of Work Training Officers. Accordingly, it is necessary to ensure that the current grades of Work Training Officers at all locations are maintained to ensure that the delivery of structured activity to prisoners is maintained at all locations.
Finally, in 2016, the Public Appointments Service launched a recruitment campaign on behalf of the Irish Prison Service for Recruit Prison Officers, the first since 2008. It is intended to recruit approximately 80 new Recruit Prison Officers in 2017, which will increase to at least 180 in 2018. This recruitment of Recruit Prison Officers will allow scope for the IPS to commence promotional competitions for the grade of Work Training Officers in 2017 on a staged basis.
93. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality if an application for naturalisation will be considered for the family of a person (details supplied) from Bosnia. [10736/17]
View answerThe granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
Section 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation if satisfied that certain statutory conditions are fulfilled. The conditions are that the applicant must :
- be of full age,
- be of good character,
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a further total residence in the State amounting to four years,
- intend in good faith to continue to reside in the State after naturalisation,
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
Section 15A provides that, notwithstanding the above, where the application is based on being the spouse or civil partner of an Irish citizen the requirements are, inter alia, that the couple are married or civil partners to each other for a period of at least 3 years and are living together and, immediately before the date of application, have a period of one year's continuous residence in the island of Ireland and, during the preceding four years, have a further period amounting to 2 years (i.e. 3 years in total). Section 15A(2) provides that the Minister may, in her absolute discretion waive some of the conditions in relation to an application from a spouse or civil partner of an Irish citizen if she is satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship. There is no right or entitlement to have any of the conditions waived, it is entirely at the Minister's discretion.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. Detailed information on Irish citizenship and naturalisation is available on the INIS website at ww.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.
I am advised by officials of INIS that queries from the Deputy's constituency office relating to the acquisition of certificates of naturalisation and passports, which are a matter for the Passport Service of the Department of Foreign Affairs and Trade, for the family in question have already been responded to through the INIS Oireachtas mail system.
94. Deputy Brendan Griffin asked the Minister for Finance his views on a matter (details supplied); and if he will make a statement on the matter. [10648/17]
View answer101. Deputy Brendan Griffin asked the Minister for Finance his views on a matter (details supplied) regarding import duty; and if he will make a statement on the matter. [10639/17]
View answerI propose to take Questions Nos. 94 and 101 together.
I am informed by the Revenue commissioners that relief from payment of Customs Duty and VAT is allowed on gift consignments from outside of the EU where the following conditions are met:
1. The customs value of the gift does not exceed €45.
2. The gift is correctly declared.
3. It has been sent from a private individual outside of the EU to a private individual within the EU.
4. The gift is for the personal or family use of a private individual in the EU.
5. There is no commercial or trade element i.e. the goods have not been paid for by the recipient.
6. The gift is of an occasional nature only, such as a present for a birthday or anniversary.
Where a gift does not meet all of these conditions Customs Duty and VAT are payable.
Customs Duty is normally charged as a percentage of the customs value. The percentage varies depending on the type of goods and their country of origin. Duty is charged on the price paid for the goods plus insurance and freight (which includes postage) costs.
All articles of adult clothing and adult footwear are chargeable to Import VAT at the standard rate.
In this particular case the goods were declared as a gift with a value of $321.75, a Customs value of €308.75.
As the value is in excess of €45, Customs Duty and VAT are due as follows:
|
Customs Value of goods Import Duty @2.5%* An Post fee VAT @ 23% |
€308.75 €7.71 €7.00 €72.78 |
|
Total Due |
€87.49 |
*Import Duty for footwear is chargeable at 8%, in this case a reduced rate of 2.5% applicable to gifts was applied as the parcel was declared as a gift.
95. Deputy Noel Grealish asked the Minister for Finance his views on the anomaly in consumer protection law whereby financial institutions in dispute with their customers can appoint receivers to dwelling houses, whether private houses or buy to let, while a dispute is with the Financial Services Ombudsman for formal investigation and adjudication; his plans to amend the law in this regard; and if he will make a statement on the matter. [10516/17]
View answerThe role of the Financial Services Ombudsman (FSO) is to independently and impartially investigate and resolve disputes between consumers and regulated financial service providers.
When a complaint is made by a Consumer to the FSO, every effort is made by the Ombudsman to facilitate the parties in achieving a mediated settlement. If no settlement is achieved, the matter will proceed to a more formal investigation and ultimately to adjudication, and the parties will be issued with a legally binding Finding.
If a complaint is received, arising from a situation of arrears on a borrowing, the FSO will consider the protections afforded to borrowers and mortgage holders by the Central Bank of Ireland's Code of Conduct on Mortgage Arrears (CCMA) and the Consumer Protection Code (CPC). In addition, if a Receiver is appointed by the lender, either before a complaint is made to the FSO, or after the FSO has begun dealing with the matter, the appointment of the Receiver will not impede the mediation, investigation or adjudication of the complaint by the FSO.
In that event, the FSO will investigate whether the mortgage deed in place, permitted the appointment of a Receiver, and secondly whether it was reasonable and fair for the lender, at the particular point in time, and in the overall circumstances, to proceed with the appointment of a Receiver.
If the Financial Services Ombudsman upholds the complaint and takes the view that it was wrongful of the lender to have appointed a Receiver, the Ombudsman can direct compensation of up to €250,000 and/or direct such rectification as considered to be appropriate in the circumstances.
In these circumstances, I consider that the FSO has sufficient powers to provide the appropriate remedy where he has found a complaint to be wholly or partially substantiated.
As the Deputy may be aware, the Financial Services and Pensions Ombudsman Bill is a priority Bill for the Government and the heads of Bill underwent pre-legislative scrutiny on 27th October of 2016 and the consequent report of the Oireachtas Committee is awaited. In the meanwhile, officials in my Department are working with officials in the Office of Parliamentary Council to finalise a draft text of the Bill. It is a fairly lengthy Bill with nearly 60 heads to be drafted coupled with the complexity of amalgamating two different complaints systems. However, it is hoped that the Bill will be published in the coming months.
The parts of the Financial Services and Pensions Ombudsman Bill dealing with the FSO powers of rectification and compensation are broadly similar to the powers he currently enjoys.
96. Deputy Brendan Griffin asked the Minister for Finance his views on a matter (details supplied) regarding inheritance tax; and if he will make a statement on the matter. [10528/17]
View answerAs you are aware, Capital Acquisitions Tax (CAT) is the overall title for both Gift and Inheritance Tax. The tax is charged on the amount gifted to, or inherited by, the beneficiary of the gift or inheritance.
For the purposes of CAT, the relationship between the person who provides the gift or inheritance (i.e. the disponer) and the person who receives the gift or inheritance (i.e. the beneficiary), determines the maximum life-time tax-free threshold known as the "Group threshold" below which gift or inheritance tax does not arise. Where a person receives gifts or inheritances in excess of their relevant tax free threshold, CAT at a rate of 33% applies on the excess over the tax free threshold.
There are, in all, three separate Group thresholds based on the relationship of the beneficiary to the disponer. I raised each of these in Budget 2017.
Group A: tax free threshold now €310,000 (increased from €280,000 in Budget 2017) applies where the beneficiary is a child (including adopted child, stepchild and certain foster children) or minor child of a deceased child of the disponer. Parents also fall within this threshold where they take an inheritance of an absolute interest from a child.
Group B: tax free threshold now €32,500 (increased from €30,150 in Budget 2017) applies where the beneficiary is a brother, sister, a nephew, a niece or lineal ancestor or lineal descendant of the disponer.
Group C: tax free threshold now €16,250 (increased from €15,075 in Budget 2017) applies in all other cases.
In 2015 the Group A CAT threshold was €225,000. I subsequently raised it to €280,000 in Budget 2016 and as already noted, it is now €310,000. This represents an increase of about 38% in two years. I did this in recognition of the improving state of the national finances and of the concerns expressed to me by people making and receiving gifts and inheritance, particularly in the context of rising property prices.
I have previously indicated that I see the changes to the tax-free thresholds as part of a process, and you will be aware that the issue of CAT thresholds has been identified in "A Programme for a Partnership Government", where measures suggested include raising the Group A tax-free threshold to €500,000. However no timeline has yet been determined for implementing this proposal.
