Written Answers Nos. 132-151
132. Deputy Niall Collins asked the Minister for Justice and Equality if he is considering using a premises (details supplied) as accommodation for asylum seekers and refugees; and if he will make a statement on the matter. [31581/17]
View answerThe Reception & Integration Agency (RIA) of my Department is responsible for the provision of accommodation and some related services to protection applicants while their applications are being processed. It is not our policy to confirm or deny whether interactions have or have not taken place with any potential service provider.
I can confirm that, as soon as practicable and together with the Office of Government Procurement (OGP), we will be issuing a request for tender (RFT) to accommodation service providers to meet specific demands. It is open to any service provider to respond to the invitation to tender when published.
133. Deputy Denise Mitchell asked the Minister for Justice and Equality if he has given consideration to provide additional garda resources to Ballymun in view of increased anti-social activity in the area. [31620/17]
View answer134. Deputy Denise Mitchell asked the Minister for Justice and Equality the number of gardaí assigned to the Ballymun station in 1997, 2007 and 2017, respectively, in tabular form. [31621/17]
View answerI propose to take Questions Nos. 133 and 134 together.
As 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. 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 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.
The area referred to by the Deputy forms part of the Dublin Metropolitan Region (DMR) North Division. I have been informed that the number of Gardaí assigned to the Division on the 31 May 2017, the latest date for which figures are readily available, was 664 with 49 Garda Reserves and 40 Civilians also attached to the Division. Of the Gardaí, 216 were assigned to Ballymun District with 115 in Ballymun Station.
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. This year, 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. Funding has also been provided for the recruitment of 300 Garda Reserves.
This plan is progressing apace. I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that almost 1,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 75 of whom have been assigned to the DMR North Division. I am also informed that another 200 trainee Garda will attest this Thursday 6 July and that a further four hundred are scheduled to attest later this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - an increase of 500 since the end of 2016.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division, including the DMR North Division in the coming years.
An Garda Síochána is committed to tackling public disorder and anti-social behaviour by working with communities to reduce this type of behaviour and enhance community safety. The Garda approach includes a strong focus on quality of life issues and collaboration with local authorities, businesses (in particular the night time economy) and other stakeholders to help address the causes of anti-social behaviour.
The Deputy will also be aware that there is a range of strong legislative provisions available to An Garda Síochána to combat anti-social behaviour, including provisions under the Criminal Justice (Public Order) Acts, the Criminal Damage Act and the Intoxicating Liquor Acts. The powers available to Gardaí support them in addressing anti-social behaviours, including the prevention of nuisance or annoyance to others and forestalling damage to property or a breach of the peace.
For ease of reference, I have provided below the information requested in relation to the number Gardaí assigned to Ballymun Garda Station in each of the years 1997, 2007 and 2017, as supplied by the Commissioner.
Ballymun Garda Station Strength
|
Station |
1997 |
2007 |
2017* |
|
Ballymun |
57 |
75 |
115 |
*Up to 31 May 2017
135. Deputy Denise Mitchell asked the Minister for Justice and Equality the number of community gardaí based in each of the stations at Clontarf, Raheny, Ballymun, Santry, Howth and Coolock in north County Dublin in each of the years 2011 to 2016, and to date in 2017, in tabular form. [31622/17]
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. 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 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.
The Commissioner has advised that all Gardaí, not simply designated Community Gardaí have a role to play in addressing community policing issues as and when the need arises and, in that sense, community policing involves far more than a single unit within An Garda Síochána.
Community policing is at the heart of An Garda Síochána. It provides a means of recognising that every community – both urban and rural – has its own concerns and expectations. In this regard I welcome the strong emphasis placed by the Garda Commissioner's Modernisation and Renewal Programme 2016-2021 on further developing and supporting the community policing ethos of the organisation so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security. Proposed initiatives include the establishment of local Community Policing Teams (CPTs) headed by an Inspector and made up of Gardaí from across a range of areas to proactively work with the community to prevent and detect crime; and the establishment of Community Safety Fora in every District comprising local Gardaí, local communities and key stakeholders.
Clontarf, Raheny, Ballymun, Santry, Howth and Coolock Garda stations form part of the Dublin Metropolitan Region (DMR) North Division. The strength of this Division was 664 on the 31 May 2017, together with 49 Garda Reserves and 40 civilians. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
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. This year, 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. Funding has also been provided for the recruitment of 300 Garda Reserves.
This plan is progressing apace. I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that almost 1,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 75 of whom have been assigned to the DMR North Division. I am also informed that another 200 trainee Gardaí will attest this Thursday 6 July and that a further four hundred are scheduled to attest later this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - an increase of 500 since the end of 2016.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí including Community Gardaí across every Garda Division in the coming years.
This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.
For ease of reference, I have provided below as supplied by the Commissioner, the information requested in relation to the number Community Gardaí assigned to Clontarf, Raheny, Ballymun, Santry, Howth and Coolock Garda Stations from 2011 to 2016. I have requested the information sought by the Deputy from the Garda Commissioner in relation to 2017 and I will write to the Deputy on receipt of same.
Community Garda 2011 - 2016
|
Station |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
|
Ballymun |
15 |
12 |
10 |
9 |
6 |
6 |
|
Clontarf |
7 |
6 |
4 |
3 |
5 |
5 |
|
Coolock |
13 |
19 |
15 |
16 |
16 |
14 |
|
Howth |
4 |
4 |
4 |
2 |
3 |
3 |
|
Raheny |
6 |
6 |
5 |
5 |
7 |
5 |
|
Santry |
6 |
11 |
8 |
6 |
4 |
3 |
A deferred reply was forwarded to the Deputy under Standing Order 42A
136. Deputy Denise Mitchell asked the Minister for Justice and Equality the number of gardaí assigned to Santry station in each of the years 2011 to 2016 and to date in 2017, in tabular form. [31623/17]
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. 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 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.
The area referred to by the Deputy forms part of the DMR North Division. I have been informed that the number of Gardaí assigned to this Division on the 31 May 2017, the latest date for which figures are readily available, was 664 with 49 Garda Reserves and 40 Civilians. Of these, 216 members were assigned to Ballymun District and 78 to Santry Station. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
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. Funding has also been provided for the recruitment of 300 Garda Reserves.
This plan is progressing apace. I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that almost 1,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 75 of whom were assigned to the DMR North Division. I am also informed that another 200 trainee Gardaí will attest this Thursday 6 July and that a further four hundred are scheduled to attest later this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - an increase of 500 since the end of 2016.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division in the coming years.
This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.
For the Deputy's information, I have set out below as provided by the Commissioner, the number of Gardaí assigned to Santry Garda station from 2011 to 31 May 2017, the latest date for which figures are currently available.
Santry Garda Station 2011 – 2017
|
Year |
Amount |
|
2011 |
81 |
|
2012 |
102 |
|
2013 |
95 |
|
2014 |
90 |
|
2015 |
82 |
|
2016 |
81 |
|
2017* |
78 |
137. Deputy Robert Troy asked the Minister for Justice and Equality the criteria which are used for selecting refugees; the way in which persons are prioritised; and when the resettlement programme will begin in Mullingar, County Westmeath. [31633/17]
View answerThe Deputy's attention is drawn to the responses to his Parliamentary Questions No. 142 of 9 May last and No. 130 of 4 April last which stated that, in respect of Ireland's resettlement programme, refugees are identified and proposed to Ireland by the UNHCR. They must meet the criteria set out in Article 1F of the 1951 Convention relating to the Status of Refugees (“the Geneva Convention”) and be deemed eligible for resettlement by the UNHCR. Refugees are interviewed by officials of my Department to establish that Ireland can meet their particular needs, including medical needs. They are also interviewed by members of An Garda Síochána and their fingerprints are checked against international databases for security reasons.
Resettlements in Mullingar are expected to take place during the Summer.
138. Deputy Micheál Martin asked the Minister for Justice and Equality when those parts of the Assisted Decision-Making (Capacity) Act 2015 that provide for persons who have been brought into wardship to have their capacity assessed and brought under this new statutory framework instead will come into operation; and the reason for the delay in its commencement. [31650/17]
View answerThe Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act was signed into law on 30 December 2015.
The specific decision-making supports available under the Act to adults with capacity difficulties are decision-making assistants, co-decision-makers and decision-making representatives who will be supervised by the Director of the Decision Support Service. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission, must be put in place before the substantive provisions of the Act can be commenced. A high-level Steering Group comprising senior officials from the Department of Justice and Equality, the Department of Health, the Mental Health Commission and the Courts Service is overseeing the establishment and commissioning of the Decision Support Service (DSS) and this work is ongoing.
The Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016), brought some provisions of Part 1 (Preliminary and General) and Part 9 (Director of the Decision Support Service) of the Act into operation on 17 October 2016. These provisions were brought into operation in order to progress the setting up of the Decision Support Service and to enable the process of recruitment of the Director of the DSS to begin. The recruitment and appointment of the Director of the DSS, and the appointment of DSS staff, is a matter for the Mental Health Commission (a body under the Department of Health) with the approval of the Minister for Health.
In relation to Wards of Court, the Act provides that adults currently in wardship will transition to the new decision-making support arrangements provided for in the Act on a phased basis over 3 years from the commencement of Part 6 of the Act. Once Part 6 is operational, each ward will be reviewed by the wardship court in accordance with the new system. A ward who is found to have capacity will be discharged from wardship. A ward who continues to have capacity needs will be discharged from wardship and offered the decision-making support option most appropriate to his or her needs. The new support options must be operational before the Lunacy Regulation (Ireland) Act 1871 can be repealed and the transition from wardship can commence. In the interim, capacity cases will continue to be dealt with by the wardship court.
It is intended that the key preparations will be put in place during the remainder of this year under the oversight of the Steering Group to allow for commencement orders for the remaining provisions of the Assisted Decision-Making (Capacity) Act 2015 to be made when the Decision Support Service is ready to roll out the new decision-making support options. It is not possible at the moment to provide an exact time line for the finalisation of these commencement orders, not least because we will need to have the Director of the DSS in place to fully ascertain the time-line. The post of Director was advertised by the Public Appointments Service on 7 April and it is expected that the Director will be in place during the summer.
139. Deputy John McGuinness asked the Minister for Justice and Equality if he will review the transcript of the Committee of Public Accounts meeting of 29 March 2001 and address queries (details supplied). [31669/17]
View answerAs the Deputy may be aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that in relation to the specific queries raised by the Deputy, the following is the position:
1. The Accountant of the Courts of Justice has been publishing annual financial statements on court funds since 2001 which have been furnished to the Minister for Justice and Equality and also to the Minister for Finance/Public Expenditure and Reform. A copy is also provided to the Comptroller and Auditor General and published on the Courts Service website. As the reporting period runs from 1 October to 30 September the following year the annual financial statement for 2017 will be provided in due course.
2. These accounts and financial statements have been audited by independent external auditors, who are selected by competitive tender. Currently Grant Thornton conduct this audit. The legislation governing the scope of the role of the Comptroller and Auditor General precludes the audit of funds under the control of the courts.
3. The position of the State in relation to compensating a beneficiary for a loss incurred is restricted to situations where an administrative error has resulted in a loss. Very few such cases have arisen. The only other possible situation where compensation could be considered could be where as a result of negligence a loss was incurred. In this regard and, as requested by the Public Accounts Committee in July 2015, an independent external review of the Growth Fund, covering the period May 2007 to January 2009, was published in November 2016. This report found that: "The Spectrum Growth Fund performed in line with its benchmark and achieved better returns than that of comparable strategies and reference indices."
4. The Courts Service has further informed me that they have no objection to the Comptroller and Auditor General auditing court funds but notes that the Comptroller and Auditor General, as stipulated in the Comptroller and Auditor General Act 1993, is precluded from auditing funds held under the control of the courts.
- The Courts Service has further advised that all the recommendations contained in the National Treasury Management Agency (NTMA) Report (2000) have been implemented. This includes:
- Investment Committee established. This has representation from the NTMA
- External investment advisors appointed (competitive tender)
- External fund managers appointed (competitive tender)
- Computerised financial management system installed in 2003
- Tailored investment strategies in place that meet the investment needs of beneficiaries
- Independent external audit carried out annually
- Audited annual financial statements submitted to the Minister for Justice and Equality and the Minister for Finance
- A copy of the audited financial statements provided to the Comptroller and Auditor General (C&AG)
- Annual audited financial statements published on the Courts Service website.
140. Deputy Jonathan O'Brien asked the Minister for Justice and Equality if wards of court and their representatives will be given a comprehensive report on a regular basis on the way their funds are managed and the balance in each account; the way the funds were spent and administered; the number of complaints received from the representatives of the wards of court in relation to the operation of the current system; the number of these complaints that have been addressed; the reason for the delay in providing statements of accounts to those persons in 2017; and if he will make a statement on the matter. [31671/17]
View answerAs the Deputy may be aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998.
The Deputy will also be aware that when a person is taken into Wardship, the President of the High Court appoints a committee (usually one person, in most cases, a family member) to deal with the ward's property. In order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that currently individual statements in regard to funds held in court on behalf of wards of court are provided on request to the respective committees of the wards of court. The Wards of Court office is working to enable statements to be provided automatically to the committees of wards of court, which it hopes to be able to commence during the third quarter of 2017. These statements will be high level reports on the funds in court and their performance and, if more detailed reports are required, they can be made available on request.
Given the nature of the systems in the Wards of Court office, involving individual paper files, the process of issuing individual fund statements to each of more than 2,500 cases is quite labour intensive. All data must be checked to ensure it is accurate and up to date, to avoid contravening data protection legislation and to avoid sensitive data getting into the wrong hands.
The Courts Service has also informed me that the Wards of Court office has received a small number of complaints about the inability to generate automated statements to committees. Additionally, the office has also received representations from relatives of wards who are not committees of a ward seeking statements but such requests cannot be granted as this would be a breach of confidentiality.
141. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the way in which two Circuit Court judicial appointments were made recently before vacancies had emerged and without recent advertisement by the Judicial Appointments Advisory Board to alert qualified and interested lawyers after January 2017; and if he will make a statement on the matter. [31680/17]
View answerAs the Deputy may be aware, judicial appointments are made by the President, acting on the advice of Government, in accordance with articles 13.9 and 35.1 of the Constitution.
The Judicial Appointments Advisory Board (JAAB) is an independent board which was established under the Courts and Court Officers Act 1995 to identify persons and inform the Government of the suitability of those persons for appointment to judicial office. The JAAB conducts its procedures under the 1995 and 2002 Courts and Court Officers Acts and informs the Government of persons suitable to be appointed as a judge.
On 5 January 2017 the JAAB sought, by public advertisement, applications from practising barristers and solicitors eligible for appointment to the Supreme Court, Court of Appeal, High Court, Circuit Court and District Court. The Tánaiste and then Minister for Justice and Equality wrote to the JAAB on 12 April and 9 May 2017 in connection with the filling of current and pending vacancies across various courts including in the Court of Appeal, High Court, Circuit and District Courts. In regard to the recommendations received from JAAB in respect of the Circuit Court, it can be confirmed that the list provided was in respect of one current and two pending vacancies. Section 20 of the Courts and Court Officers Act 1995 provides that all proceedings of JAAB and all communications to JAAB shall be confidential.
From time to time the Government makes decisions, to agree in principle, to the nomination of persons to fill pending vacancies to arise in the courts. This is primarily for efficiency reasons and good planning and also to ensure that court cases are dealt with in a timely manner and that waiting times are kept to a minimum. On 23 May 2017 the Government agreed in principle to nominate Ms Martina Baxter, Barrister and Mr Eoin Garavan, Barrister to the Circuit Court to fill pending vacancies that will arise in August and October 2017 respectively. Both names were included in the relevant list of suitable persons submitted by the JAAB to the Tánaiste and then Minister for Justice and Equality.
142. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality his views on restorative justice and the implementation of community courts; and if he will make a statement on the matter. [31710/17]
View answerThe Probation Service Restorative Justice Strategy, published in November 2013, entitled Repairing the Harm: A Victim Sensitive Response to Offending, provides a framework for informed, effective and integrated Restorative Justice practice. The strategy builds on the work of the Probation Service in this area to-date and focuses on the further development of evidence informed interventions which engage victims, offenders and the community in addressing the consequences of crime. Extending the use of restorative justice programmes is also one of the recommendations of Report of the Penal Policy Review Group, which was submitted to Government in November 2014 by the then Minister for Justice and Equality and an Implementation Group is currently overseeing the implementation of these recommendations.
My Department led a Working Group of Justice Sector officials to consider options for moving forward on the proposal to establish a Community Court. Building on the recommendations of the Oireachtas Joint Committee on Justice, Defence and Equality, the Working Group considered proposals to enhance the approach to tackling low level offenders and effectively addressing their offending behaviour through a Community Justice Intervention type programme. This would be a diversion from the courts system in a way that has the potential to respond more effectively to one-off and repeat, low level offending with the emphasis on speedy processing aimed at reducing the risk of re-offending and would also offer quick referral to the necessary services. My Department wishes to build on this work and is considering a number of possibilities including the creation of a statutory conditional cautioning system which is being considered in the context of a comprehensive inter-agency examination.
143. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality his views on the working of the recently enacted Misuse of Drugs (Amendment) Act 2016 in the central division of the Dublin metropolitan region. [31711/17]
View answerThe Misuse of Drugs (Amendment) Act 2016 introduces controls on a number of new psychoactive substances, certain pharmaceutical drugs and some other substances which are required to be controlled on foot of EC Decision 2005/387/JHA.
It is too early to comment upon the impact and effectiveness of the Act, not only in the central division of the Dublin metropolitan region but in all regions nationwide, as new Regulations pertaining to the Act came into force on 4 May 2017. However, I can inform the Deputy that it is considered that the Act will be of great assistance to An Garda Síochána in effective policing and the prevention and detection of drug-related criminality in regard to new psychoactive substances and prescription drugs.
One of the most significant effects of the new Regulations, in relation to Benzodiazepines such as Diazepam (Valium), Alprazolam (Xanax) etc, is that the restrictions in place regarding the possession of controlled drugs will now apply to these medicines. This is also the case for “Z Drugs” such as Zopiclone (Zimovane), Zolpidem (Stilnoct) and Zaleplon (Sonata) meaning that it is now an offence "Contrary to the Misuse of Drugs Act 1977/2016" to be in possession of these substances, even in amounts for personal possession, without a valid prescription in accordance with the Act.
144. Deputy Sean Fleming asked the Minister for Justice and Equality his plans regarding a site for a new courthouse in Portlaoise; and if he will make a statement on the matter. [31721/17]
View answerAs the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, 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 enquiries made. The Courts Service has been looking for a site for a new courthouse in Portlaoise for a number of years and has, in cooperation with Laois County Council and with the assistance of the Office of Public Works, examined a number of potential sites. An architectural assessment of a site is currently being carried out by the Office of Public Works and the Courts Service is to consider this assessment once it has been completed.
145. Deputy Sean Fleming asked the Minister for Justice and Equality the status of allowances for prison clerical officers (details supplied); and if he will make a statement on the matter. [31723/17]
View answerI can inform the Deputy that rent allowance is payable to serving members of An Garda Síochána, Firefighters and Prison Officers. Prison Clerical Officers are employed in line with the general Civil Service Clerical Officer grade and associated terms and conditions of employment, and as such do not receive rent allowance.
146. Deputy James Browne asked the Minister for Justice and Equality the position regarding fathers of children who do not receive equal recognition with mothers in child access cases under family law; and if he will make a statement on the matter. [31783/17]
View answer147. Deputy James Browne asked the Minister for Justice and Equality his plans to address potential discrimination against fathers of children in child access cases under family law; and if he will make a statement on the matter. [31786/17]
View answerI propose to take Questions Nos. 146 and 147 together.
Section 11 of the Guardianship of Infants Act 1964 provides that either parent of a child, whether or not he or she is also a guardian of the child, may apply to court for a direction regarding the custody of a child or the right of access to the child.
Section 3 of the 1964 Act provides that the best interests of the child shall be the paramount consideration for the court in any proceedings where guardianship, custody or upbringing of, or access to, a child is in question. The best interests of a child are to be determined in accordance with Part V of the 1964 Act, inserted by section 63 of the Children and Family Relationships Act 2015. Section 31 of the 1964 Act sets out a wide range of factors that the court is required to take into account when determining the best interests of the child. These factors include the benefit to the child of having a meaningful relationship with each of his or her parents.
The law places an emphasis on recognising the rights of the child to the society of both his or her parents. Section 11D of the 1964 Act obliges the court in proceedings under section 11 to consider whether the child's best interests would be served by maintaining personal relations and direct contact with each of his or her parents on a regular basis.
Section 25 of the 1964 Act also requires the court, as it thinks appropriate and practicable, to take into account the child's wishes in custody and access matters, having regard to the age and understanding of the child.
Section 12A of the 1964 Act (inserted by section 58 of the Children and Family Relationships Act 2015) provides that in making any order under the Act, the court may impose such conditions as it considers to be necessary in the best interests of the child.
It is a matter for the courts when making orders under the 1964 Act in relation to matters such as the guardianship, custody or upbringing of, or access to, a child to consider whether or not any conditions should be attached to such orders. I have no role in the making of court orders, as this is a function of the courts, which are, subject to the Constitution and the law, independent in the performance of their functions.
While I have no plans at present for further amendment of the Guardianship of Infants Act 1964, the operation of the law in this area is kept under ongoing review by my Department.
148. Deputy Clare Daly asked the Minister for Justice and Equality the cost of an investigation (details supplied) which resulted in a number of persons being charged with false imprisonment and other serious offences; and the costs incurred by An Garda Síochána, the Director of Public Prosecutions, the Courts Service, Legal Aid payments and all other costs incurred by other State bodies in the investigation. [31817/17]
View answerI am not in a position to supply the information requested by the Deputy. In respect of costs incurred by An Garda Síochána, the manner in which Garda resources, including financial resources, are deployed during an investigation is an operational matter for the Garda Commissioner and her management team and I have no function in this regard. Similarly, 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, which include the provision of information on the courts system. I understand, however, that the Courts Service had no function in relation to the investigation into the matters referred to and has not incurred any costs in that regard. In respect of legal aid, the Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. However, I am advised that the manner in which payment data is recorded does not allow for the computation of the cost incurred in relation to the matters referred to.
Lastly, the Deputy will appreciate that the Director of Public Prosecutions is independent in the performance of her functions and does not come within the remit of my Department.
149. Deputy Thomas P. Broughan asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the invigilation of training in the film industry; the funding made available to organisations to provide training in each of the years 2013 to 2016, and to date in 2017; the training programmes that are accredited by the QQI; if a register of training providers and qualified workers exists; the number of persons availing of this training in each of the years 2013 to 2016, and to date in 2017; if a register of trainees exists; if not, if one will be established; and if she will make a statement on the matter. [31672/17]
View answer150. Deputy Thomas P. Broughan asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the funding provided to Screen Training Ireland in each of the years 2005 to 2013, inclusive; the projects involved; and if she will make a statement on the matter. [31674/17]
View answerI propose to take Questions Nos. 149 and 150 together.
The Irish Film Board (IFB) is the national development agency for the Irish film, television and animation industry. Screen Training Ireland is part of the Irish Film Board and provides a training and development resource specifically for our film and television industry. Screen Training Ireland is funded from a number of sources including core funding from IFB, fee income, EU and other partnership income. Details of Exchequer funding to the IFB are outlined as follows:
Funding to the Irish Film Board 2013- 2017
|
Year |
Current |
Capital |
Total |
|
2013 |
€2.960m |
€11.898m |
€ 14.858m |
|
2014 |
€2.760m |
€11.202m |
€ 13.962m |
|
2015 |
€2.760m |
€11.752m |
€ 14.512m |
|
2016 |
€3.269m |
€12.302m |
€ 15.571m |
|
2017 |
€3.786m |
€12.702m |
€16.488m |
Further details including a breakdown of these figures are available in the IFB annual reports as well as annual reviews and workplans of training at the following links:
http://www.irishfilmboard.ie/irish_film_industry/reports/?category_id=3
https://www.screentrainingireland.ie/category/reports/
The IFB is an independent agency under the aegis of my Department and neither I as Minister nor my officials have any role in its funding decisions.
Screen Training Ireland has an online registration and application process where people may register and receive information on courses and events at this link: https://www.screentrainingireland.ie/faqs/.
Screen Training Ireland works with national and internationally recognised industry professionals to identify, design and deliver training in Ireland. Training programmes are offered to enhance expertise in Film, Television, Animation and interactive screen content. Courses are developed in consultation with industry professionals across all disciplines and tutors are industry practitioners working in the industry. My Department is assured that Screen Training Ireland continually evaluates industry growth to identify future skills needs and professional development for a growing industry.
Like many training providers, Screen Training Ireland partners with providers that have accreditation arrangements with awarding bodies recognised on the National Framework of Qualifications (NFQ) and the European Qualifications Framework (EQF). For example, Screen Training Ireland is developing two career traineeships for the film industry in collaboration with SOLAS and the Education and Training Boards. These traineeships will be certified by the appropriate awarding body and will offer structured work-based training to new entrants. Although the Irish Film Board does keep records of those attending courses, there is currently no published register of trainees.
The Film Board and the Broadcasting Authority of Ireland have jointly commissioned a report on the skills needs of the audiovisual industry in Ireland. This report is being finalised and will be published shortly. My Department will consider recommendations contained in the report and working with stakeholders, will address any identified skills needs. This will form part of a wider new policy initiative to support the audio visual industry in Ireland, which is currently being developed.
Further details of Screen Training Ireland's range of courses as well as international training can be accessed on its website at the following link: https://www.screentrainingireland.ie/training-courses/upcoming-courses/.
151. Deputy Sean Fleming asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the number of locations in respect of the National Parks and Wildlife Service in which telephone masts or other telecommunications signals are provided on State land by county; the number of each of these that have up-to-date planning permission; the annual income from each of these masts for each of the past three years; the mechanisms in place to ensure these are collected and that the planning is up to date; and if she will make a statement on the matter. [31718/17]
View answerAs the Deputy will be aware, the National Parks and Wildlife Service of my Department manages an extensive conservation and recreational property portfolio of some 79,000 hectares. Our 6 National Parks account for circa 60,000 hectares of land in Ireland. In addition, there are over 70 nature reserves and other heritage sites accounting for almost 20,000 hectares of land.
The information sought is not readily available, but will be compiled and forwarded to the Deputy, in accordance with the timeline set out in Standing Orders.
