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Wednesday, 26 Jul 2017

Written Answers Nos. 491-510

Garda Deployment

Questions (491)

Niamh Smyth

Question:

491. Deputy Niamh Smyth asked the Minister for Justice and Equality his plans to introduce an armed support unit to the Cavan-Monaghan Garda division; the location of the closest unit at present; his plans to introduce a unit in the Border region due to Brexit; and if he will make a statement on the matter. [35452/17]

View answer

Written 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.

The Armed Support Units (ASU) are an overt armed support service established in each Garda Region, most recently in the DMR in December, 2016 and are deployed on a 24/7 basis, providing a high-visibility tactical armed response, including enhanced less lethal capability. Members of the ASUs are highly trained and equipped with a variety of non lethal and lethal weapons and perform high visibility armed checkpoints and patrols throughout their respective Regions. In the event of an armed incident or similar incident, armed Detective members from local District and Divisional units will respond, as will the Regional Armed Support Unit. The support of the Emergency Response Unit is also available when required.

I am advised that in the Northern Region (which encompasses the Cavan/Monaghan Garda Division) ASUs are currently based in Ballyshannon and Dundalk Garda Stations, serving all the Garda Divisions comprising the Northern Region.

The Deputy will also be aware that there is close and ongoing cooperation between An Garda Síochána and the PSNI on all aspects of policing, with a particular focus on combatting security threats and cross-border crime. The Garda Commissioner and the Chief Constable of the PSNI, who are responsible for operational policing cooperation, have repeatedly emphasised the scope and the value of the close and high quality cooperation between the two police services in combating crime, protecting community safety and saving lives. The two police services operate a joint Cross-Border Policing Strategy which has as its aims to improve public safety throughout Ireland, to disrupt criminal activity and to enhance the policing capability of both police services on the island.

Charities Regulation

Questions (492)

Niall Collins

Question:

492. Deputy Niall Collins asked the Minister for Justice and Equality the number of registered charities by county, type, sector and service; the number pending registration by county, type, sector and service; and if he will make a statement on the matter. [35456/17]

View answer

Written answers

The Charities Regulatory Authority ('Charities Regulator') was established on 16 October 2014 pursuant to the Charities Act 2009. It is Ireland's statutory regulator for charitable organisations and is an independent regulatory agency under the aegis of my Department. Its mission is to regulate the charity sector in the public interest to ensure compliance with the law and to support best practice in the governance, management and administration of charities. I am advised by the Charities Regulatory Authority that the total number of Registered Charities in Ireland is 8,793, which represents an increase of 790 since 1 January 2017.

Based on the principal address provided by the charity the breakdown by county is:

County

Number of Charities

County

Number of Charities

Carlow

108

Louth

198

Cavan

166

Mayo

295

Clare

224

Meath

184

Cork

873

Monaghan

139

Donegal

367

Offaly

115

Dublin

2790

Roscommon

135

Galway

460

Sligo

159

Kerry

282

Tipperary

289

Kildare

266

Waterford

211

Kilkenny

162

Westmeath

129

Laois

87

Wexford

223

Leitrim

84

Wicklow

237

Limerick

330

Other

195

Longford

85

The charity type is taken as the legal form of the charity. As provided by the charity the legal form provided for the Public Register of Charities shows:

Governing Form

Number of Charities

Association

1046

Company Limited by Guarantee/Designated Activity Company

3308

Company - Other

443

Co-operative

25

Friendly Society

43

Other Trust

165

Private Charitable Trust

390

Royal Charter Governance

29

Schools - Board of Management

1043

Other - Unincorporated

390

Charities who have yet to provide this information for the Public Register.

1911

Total

8793

The Charities Regulatory Authority does not define the nature of service or sector but authorises charities for particular charitable purposes. These purposes are outlined in the Charities Act 2009. Charities can have more than one charitable purpose. The following table below provides a breakdown (by county) of charities (by number of charitable purposes).

County

# Charities

None Provided

1 Purpose

2 Purposes

3 Purposes

4 Purposes

Carlow

108

1

92

13

2

0

Cavan

166

1

153

8

3

1

Clare

224

4

192

23

5

0

Cork

873

6

750

89

24

4

Donegal

367

3

312

38

13

1

Dublin

2790

43

2231

376

107

33

Galway

460

5

385

57

9

4

Kerry

282

0

250

22

7

3

Kildare

266

2

233

26

3

2

Kilkenny

162

3

134

18

5

2

Laois

87

0

71

14

2

0

Leitrim

84

1

76

5

2

0

Limerick

330

1

293

30

5

1

Longford

85

1

76

5

3

0

Louth

198

4

177

16

1

0

Mayo

295

7

256

31

1

0

Meath

184

1

153

22

8

0

Monaghan

139

2

119

15

2

1

Offaly

115

0

98

14

2

1

Roscommon

135

6

117

8

4

0

Sligo

159

5

129

22

3

0

Tipperary

289

2

258

20

8

1

Waterford

211

0

169

33

9

0

Westmeath

129

0

110

14

4

1

Wexford

223

1

186

26

9

1

Wicklow

237

1

200

28

7

1

Other

195

0

154

29

9

3

8793

100

7374

1002

257

60

In the 7,374 cases where a charity has selected a single charitable purpose this is provided in the following table by county:

County

# Charities

Relief of Poverty

Advancement of Education

Advancement of Religion

Other (of Benefit to the Community)

Carlow

108

6

32

10

44

Cavan

166

8

43

17

85

Clare

224

14

67

17

94

Cork

873

55

270

62

363

Donegal

367

14

123

33

142

Dublin

2790

285

719

315

912

Galway

460

27

149

26

183

Kerry

282

15

83

19

133

Kildare

266

31

83

27

92

Kilkenny

162

17

42

9

66

Laois

87

5

23

6

37

Leitrim

84

1

24

7

44

Limerick

330

34

101

25

133

Longford

85

6

18

13

39

Louth

198

17

49

30

81

Mayo

295

13

95

13

135

Meath

184

10

57

15

71

Monaghan

139

11

37

18

53

Offaly

115

9

27

7

55

Roscommon

135

8

44

5

60

Sligo

159

8

47

11

63

Tipperary

289

18

87

17

136

Waterford

211

15

64

16

74

Westmeath

129

6

32

22

50

Wexford

223

15

60

15

96

Wicklow

237

15

59

36

90

Other

154

9

28

30

87

Total

7,374

672

2463

821

3418

I am advised that the Charities Regulatory Authority is not in a position to breakdown applications pending for charitable status in the same way as those which are provided in the Public Register of Charities.

However in overall terms there are a total of 240 applications being processed by case officers and a total of 242 complete applications awaiting assignment to case officers. There are a further 749 applications on behalf of primary or post primary schools which are being processed.

Garda Operations

Questions (493)

Niamh Smyth

Question:

493. Deputy Niamh Smyth asked the Minister for Justice and Equality the number of drink driving, driving with a mobile phone and speeding detections that were made by An Garda Síochána throughout the country, by county, to date in 2017, in tabular form; if there is a breakdown per area for counties Cavan, Meath and Monaghan; and if he will make a statement on the matter. [35477/17]

View answer

Written answers

My Department has requested the information in relation to detections outlined in the Deputy's question and will provide this information directly to the Deputy once it is to hand.

A referred reply was forwarded to the Deputy under Standing Order 42A.

Departmental Expenditure

Questions (494)

Catherine Murphy

Question:

494. Deputy Catherine Murphy asked the Minister for Justice and Equality the amount spent by his Department on taxi and-or limousine fares in the past two years to date by year and amount, and if he will make a statement on the matter. [35492/17]

View answer

Written answers

Taxi services for staff of the Department of Justice and Equality on official duties are provided by a company on foot of a contract put in place by the Office of Government Procurement. The Department's policy on use of taxis ensures that such usage is kept to a minimum and staff are advised to share services when a taxi is required.

Expenditure for the period requested is as follows:

2015 - €40,642

2016 - €41,120

2017 - €27,221 (January - June)

Court Poor Box

Questions (495)

Niall Collins

Question:

495. Deputy Niall Collins asked the Minister for Justice and Equality for details on how a charity can benefit from the court poor box system; if there is an application process; if so, if an application form can be furnished; and if he will make a statement on the matter. [35511/17]

View answer

Written answers

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 and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have made enquiries and the Courts Service has informed me that monies paid out of the Court poor box are at the discretion of the Judge. The Courts Service maintain a full record of all receipts and payments for each local Court Office. In the main, monies are paid out to charities, youth organisations etc.

I have been further informed that organisations wishing to become a beneficiary from the Court Poor Box should apply in writing to their local District Court office and any applications received will be brought to the attention of the presiding judge. In Dublin, applications should be forwarded to the President of the District Court.

Prisoner Data

Questions (496)

Clare Daly

Question:

496. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 132 of 2 May 2017, the reason the Prison Service does not collect aggregate, anonymised data on the number of pregnant women in prison each year and the steps he will take to ensure that such data collection takes place. [35550/17]

View answer

Written answers

It is the policy of the Irish Prison Service that prisoners be provided with healthcare services which are equivalent to those made available to citizens in the general community, including maternity care services.

The Irish Prison Service has advised that the delivery of healthcare services to all persons in custody is on an individual patient basis. In that context, the IPS healthcare teams record all relevant medical information, in relation to individual patients, on the Prisoner Healthcare Management System [PHMS]. This system provides a systematic, multi-disciplinary approach to managing an individual’s healthcare from committal to release.

All relevant medical information, including the results of pregnancy tests, is recorded and acted upon from a clinical perspective. Details of pregnancy are recorded within nursing notes on the individual personal record rather than under a particular tab or category within PHMS and as such are accessed as part of the individual's complete healthcare record.

The Irish Prison Service has confirmed that it does not record data in the format requested on the aggregate number of pregnant women in prison each year owing to the requirement that it maintain the confidentiality of the medical records of the persons in its custody.

Residency Permits

Questions (497)

Bernard Durkan

Question:

497. Deputy Bernard J. Durkan asked the Minister for Justice and Equality about the progress to date in the determination of residency status in the case of a person (details supplied), and if he will make a statement on the matter. [35551/17]

View answer

Written answers

The International Protection Act 2015 was commenced on 31 December 2016. Under the Act, a new single application procedure was introduced under which all aspects of a person's claim (asylum, subsidiary protection and permission to remain) are considered together by the International Protection Office (IPO) rather than sequentially as heretofore. The IPO replaced the Office of the Refugee Applications Commissioner (ORAC) from the commencement date. The Chief International Protection Officer (CIPO) and the International Protection Officers in the IPO are independent by law in the exercise of their international protection functions. They are also bound by confidentiality provisions in respect of applicants, as set out in Section 26 of the 2015 Act.

If an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant should contact the International Protection Office directly, either by email to info@ipo.gov.ie, by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to the Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.

Transitional arrangements in the 2015 Act apply to certain applications for refugee status and subsidiary protection which were made before the commencement date and were not finalised for processing by the ORAC and the Refugee Appeals Tribunal (RAT) by that date. The prioritisation of international protection applications in the context of the scheduling of interviews is provided for in the International Protection Act 2015, subject to the need for fairness and efficiency.

I am advised that when the Application for International Protection Questionnaire (IPO 2) and other supporting documentation is returned by applicants, the CIPO intends to schedule applications in the IPO for interview primarily on the basis of date of application (oldest cases first). However, certain categories of applicant are also being prioritised such as those from refugee generating countries such as Syria and unaccompanied minors. The IPO's approach to prioritisation has been agreed with the UNHCR and is available on its website: www.ipo.gov.ie.

Garda Inspectorate Reports

Questions (498)

Jim O'Callaghan

Question:

498. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the recommendations of the Garda Inspectorate's 2014 crime investigation report that have been implemented, partially implemented and not yet implemented, in tabular form. [35593/17]

View answer

Written answers

The Deputy will be aware that the Garda Síochána Inspectorate was established in July, 2006 under Part 5 of the Garda Síochána Act 2005. The role of the Inspectorate is to promote efficiency and effectiveness in the operation and administration of the Garda Síochána. The Inspectorate undertakes analysis of policies and procedures in the Garda Síochána and benchmarks them against the best practices and standards of comparable police services. While the Garda Inspectorate has no statutory responsibility for the monitoring of the implementation of recommendations made in its reports, a process to do so was established with the Garda Síochána in 2008 which resulted in the publication of status implementation update reports twice a year on the Inspectorate’s website. The last such regular update was published in November 2013 when, I understand, the process was interrupted due to pressure of work. However, the Inspectorate and the Garda Síochána are now working towards the production, in tabular form, of a document which will indicate the position regarding the implementation of recommendations contained in a number of Inspectorate reports up to and including the Crime Investigation report. Once completed, the results will be published on the Inspectorate’s website. With regard to the Garda Inspectorate Report on Crime Investigation 2014, I have been advised by the Garda authorities that the Garda Modernisation and Renewal Programme 2016-2021 will address many of the detailed recommendations highlighted in the Garda Inspectorate's 2014 Report on Crime Investigation. The Deputy will be aware that the Garda Commissioner has established a Strategic Transformation Office to plan and oversee the implementation of the Garda Modernisation and Renewal Programme and oversee the work to address many of the recommendations made by the Inspectorate in its report on Crime Investigation, including those relating to the recording and classification of crime. Taking account of the number and complexity of many of the recommendations in the report, full implementation is being pursued on a phased basis. I regret that the table requested by the Deputy is not readily available in the format he is seeking, however, I have requested some additional information from An Garda Síochána in relation to the Report and I will contact the Deputy again when this information is to hand. Notwithstanding the above, I am informed that important strategic issues currently being addressed by An Garda Síochána in the context of the Report include:

- A new Performance Accountability and Learning Framework, (and IT system);

- A Control Room Strategy to provide for centralised handling of all requests for service from the public, linked to a modern Computer Aided Dispatch (CAD) system;

- Improved arrangements for Rosters and Duty Management; and

- Enhancements to Incident Management, Investigation Management and Victim Engagement.

As the Deputy will be aware, the majority of recommendations arising from this Report fall to An Garda Síochána to examine and implement in the first instance. However, there are a small number of these recommendations relevant to my Department for which work has been ongoing since the publication of the Report. Several of these are being advanced under the ambit of the Criminal Justice Strategic Committee (CJSC), which was founded in 2015 to drive enhanced co-operation and collaborative change across the criminal justice sector. The establishment of the CJSC itself in fact implements one of the recommendations of the Inspectorate report on Crime Investigation.

The CJSC is chaired by the Secretary General of my Department and includes the Heads of the various executive bodies across the Criminal Justice sector, including An Garda Síochána, the Director of Public Prosecutions and the Policing Authority. The committee is also attended by members of my Department’s Management Board with responsibilities in the criminal justice area. The CJSC oversees an ongoing work programme of initiatives to improve the exchange of information, expertise and ideas across the justice sector, and to identify and accelerate reforms that require structured inter-agency co-operation. Several of these initiatives specifically address recommendations of the Garda Inspectorate’s Report. In addition, yesterday I published the report of the CSO-led Expert Group on Crime Statistics, which was established in 2014 on foot of the Garda Inspectorate Report on Crime Investigation. This report specifically addresses six recommendations in the Garda Inspectorate Report and directly relates to the compilation of crime statistics. It should also be noted that the statutory position regarding the monitoring of the implementation of recommendations made in Inspectorate reports has changed. Section 117(A) of the Garda Síochána Act provides for a role for the Policing Authority in monitoring the measures taken by the Garda Síochána to implement the recommendations contained in reports prepared by the Inspectorate, and in line with this provision the Authority has been requested to monitor the implementation of the 2015 Garda Inspectorate report 'Changing Policing in Ireland'.

Car Theft

Questions (499)

Róisín Shortall

Question:

499. Deputy Róisín Shortall asked the Minister for Justice and Equality the penalties applying to the possession and-or use of signal blockers with the capability of interfering with and preventing a motorist locking a vehicle remotely and which have been used recently in theft from vehicles. [35603/17]

View answer

Written answers

I have requested a report from the Garda authorities in relation to this matter and I will contact the Deputy directly when the report is to hand.

Question No. 500 answered with Question No. 470.

Probate Applications

Questions (501)

Róisín Shortall

Question:

501. Deputy Róisín Shortall asked the Minister for Justice and Equality for the average waiting times for Dublin and each of the district probate registries for grants of representation and applications lodged by a solicitor, and the additional resources that have been provided to reduce these waiting times. [35645/17]

View answer

Written answers

The Probate Office is an office of the High Court 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. Probate functions are also carried out by County Registrars at District Probate Registries in 14 provincial court offices.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the current waiting times in the Dublin Probate Registry for the issue of a Grant on foot of an application lodged by a solicitor is 14/15 weeks.

Two additional staff have been provided to the Probate Office, a Higher Executive Officer and an Executive Officer, and it is anticipated that the appointment of the additional staff will assist in reducing the current delays in processing applications. However the office is also experiencing the unavoidable long term absence of a number of staff which is impacting on the immediate benefit of the additional staff assignments.

The data on waiting times relates to applications received where all the documentation is in order. Where documentation is not in order or is incomplete and it is necessary for the District Probate Registry to raise queries on the documentation, there is a longer timeframe from the receipt of application to the final issue of the grant of probate/administration.

If there is an urgency to a particular application, this can be brought to the attention of the District Probate Registry and the application may be given priority.

There is a significant variance in waiting times across District Probate Registries due to the volume of applications received at District Probate Registries, the skill sets within the Registries, and also the operational priorities within the offices. It is anticipated that the average processing time in dealing with applications received from solicitors in the Sligo District Probate Office will improve significantly over the next two months following the completion of training of a new staff member.

The Courts Service continues to keep the staffing of Courts Service offices, including District Probate Registries under review, and depending on specific circumstances, additional resources may be provided, subject to the necessary funding being available.

District Probate Offices

Applications from solicitors - Average time from first receipt to issue a grant of Probate/letters of administration

Applications from Personal Applicants - Average time from first receipt to issue a grant of Probate/letters of administration

Cavan

8 weeks

8 weeks

Dundalk

8 - 10 weeks

4 - 8 weeks

Mullingar

4 - 6 weeks

6 – 8 weeks

Clonmel

4 weeks

N/A – personal applicant service not available at present

Kilkenny

8 -10 weeks

8 - 10 weeks

Waterford

4 weeks

4 weeks

Wexford

2-3 weeks

2 -3 weeks

Cork

14 weeks

14 weeks

Tralee

5 weeks

5 weeks

Limerick

6 weeks

4 weeks

Letterkenny

8- 12 weeks

12-16 weeks

Sligo

20 weeks

4-8 weeks

Castlebar

10-12 weeks

14-16 weeks

Galway

16 weeks

16 weeks

Legal Aid Service Data

Questions (502, 578)

Róisín Shortall

Question:

502. Deputy Róisín Shortall asked the Minister for Justice and Equality the number of persons on the waiting list for free legal aid and advice, and the average waiting time by area. [35662/17]

View answer

Gerry Adams

Question:

578. Deputy Gerry Adams asked the Minister for Justice and Equality the number of persons awaiting an appointment for free legal aid services in each county; the average waiting time for an appointment; and the timeframe each person has been waiting, in tabular form. [36444/17]

View answer

Written answers

I propose to take Questions Nos. 502 and 578 together.

The Legal Aid Board provides civil legal aid and advice pursuant to the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2016.

I am conscious that there are significant demands on the Board and that this gives rise to waiting times for certain services at most of the Board’s law centres. However, waiting times have been markedly reduced over recent years due to measures introduced by the Board and the Deputy will be glad to know that the Board’s budget was increased by €4.15m in 2017.

I know that the Board is extremely conscious of the fact that delays in service can lead to further difficulties not just for the client but also for children, the wider family and the community, as well as the courts system. In this regard, the Board continues to provide a priority service in respect of a number of areas such as domestic violence, child abduction, child care, and asylum and related matters. In addition, a person admitted to the Abhaile scheme does not need to wait before they are seen by a solicitor for legal advice. All other applications are placed on the waiting list.

An application for civil legal aid and advice can be made at any Legal Aid Board law centre, regardless of the county of residence of the applicant. For that reason, statistics in relation to applications and waiting times are maintained by law centre rather than county. The following table sets out the waiting times for civil legal services as of the 1 July 2017 by law centre. I am informed that some law centres operate a ‘triage’ approach, which involves giving an applicant a short consultation (45 minutes) for legal advice. Those persons remain on the Board’s waiting list if they require further legal services and the wait time for this is indicated by the second column. The majority of centres do not currently deem it necessary to operate the ‘triage’ approach.

Legal Aid Board waiting times – 1 July 2017

Waiting for 1st Consultation

Waiting for 2nd Consultation

Combined waiting time

Law Centre

Longest person waiting (weeks)

No. Waiting

Longest person waiting (weeks)

No. Waiting

Combined waiting time (weeks)

No. Waiting

Athlone

19

80

28

33

47

113

Blanchardstown

21

64

0

0

21

64

Castlebar

11

34

0

0

11

34

Cavan

12

32

0

0

12

32

Chancery Street

0

0

0

0

0

0

Clondalkin

18

65

0

0

18

65

Cork Popes Quay

15

60

0

0

15

60

Cork South Mall

28

200

13

23

41

223

Dolphin House

0

0

0

0

0

0

Dundalk

17

58

0

0

17

58

Ennis

21

68

27

13

48

81

Finglas

11

26

0

0

11

26

Galway Francis St

12

50

8

2

20

52

Galway Seville House

5

9

8

12

13

21

Human Trafficking

0

0

0

0

0

0

Jervis Street

8

24

47

173

55

197

Kilkenny

12

52

0

0

12

52

Letterkenny

17

46

0

0

17

46

Limerick

8

53

0

0

8

53

Longford

27

61

13

16

40

77

Monaghan

17

67

0

0

17

67

Montague Court

2

7

0

0

2

7

Navan

34

78

0

0

34

78

Nenagh

19

69

9

45

28

114

Newbridge

8

42

0

0

8

42

Portlaoise

12

65

0

0

12

65

Sligo

12

30

0

0

12

30

Smithfield

14

59

26

25

40

84

Tallaght

23

63

53

63

76

126

Tralee

17

122

0

0

17

122

Tullamore

7

12

0

0

7

12

Waterford

16

43

0

0

16

43

Wexford

16

73

0

0

16

73

Wicklow

15

68

0

0

15

68

Courts Service Data

Questions (503)

Catherine Murphy

Question:

503. Deputy Catherine Murphy asked the Minister for Justice and Equality the median length of time for cases to be heard in the District Court by district and if he will make a statement on the matter. [35676/17]

View answer

Written answers

As the Deputy may be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have made enquiries and the Courts Service has informed me that it is not in a position to provide the data sought by the Deputy as the Courts Service does not record the length of time it takes for cases to be heard in the District Court. The Deputy will be aware that the Courts Service Annual Report contains a lot of statistical information, including number of cases received in the District Court and the disposal rate of cases which may be of some assistance.

Spent Convictions Legislation

Questions (504)

Mattie McGrath

Question:

504. Deputy Mattie McGrath asked the Minister for Justice and Equality the status of plans to introduce legislation on spent convictions, and if he will make a statement on the matter. [35694/17]

View answer

Written answers

The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 provides that a person is not obliged to disclose certain convictions which are over 7 years old, subject to specified limitations. A person will not be penalised in law or incur any liability for failing to disclose a spent conviction.

A key impact of the Act is that where a person is applying for employment, other than employment which is exempt from the provisions of the Act, the applicant will not be obliged to disclose convictions that are spent.

In accordance with the provisions of the Act the following convictions are now spent:

1) All convictions in the District Court for motoring offences which are more than 7 years old subject to the proviso that spent convictions for dangerous driving are limited to a single conviction.

2) All convictions in the District Court for minor public order offences which are more than 7 years old.

3) In addition, where a person has one, and only one, conviction (other than a motoring or public order offence) which resulted in a term of imprisonment of less than 12 months (or a fine) that conviction is spent after 7 years. This provision applies to either a District Court or Circuit Court conviction.

Sexual offences or convictions in the Central Criminal Court are not eligible to become spent convictions.

It should be noted that where disclosure by a person of convictions is requested by another country a person shall not be entitled to regard any question put to him or her seeking information in relation to his or her previous convictions as not applying to the spent conviction where—

(a) he or she is in a country, other than the State, and the information is sought pursuant to the exercise of the jurisdiction of the law of that country, or

(b) he or she is within Ireland but the information sought relates to a matter being dealt with pursuant to the law of another country.

The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 is just over a year in operation and there are currently no plans for further legislation in this area.

Garda Operations

Questions (505)

Mattie McGrath

Question:

505. Deputy Mattie McGrath asked the Minister for Justice and Equality if he will report on Operation Thor; specifically its effect in County Tipperary; and if he will make a statement on the matter. [35699/17]

View answer

Written answers

As the Deputy is aware, Operation Thor entails a broad range of activities to tackle organised crime gangs and other prolific offenders as well as working with communities to prevent crime. This comprehensive operation is supported by the enhanced Government investment in Garda resources, including an additional allocation of €88.5 million for overtime in 2017. We have also invested heavily in the Garda fleet, with over 720 new vehicles coming on stream since the start of 2015 and a provision of €46 million for new Garda vehicles under the Capital Plan 2016-2021.

The additional investments in policing make it possible to maintain and extend a range of intensive policing operations, including the continued targeting of burglaries and related crime via Operation Thor. Under Operation Thor we have seen over 74,000 targeted checkpoints and 52,400 crime prevention patrols nationwide. This concentrated policing activity has produced in the region of 4,400 arrests and 4,900 charges covering a range of offences which, in addition to burglary, have included handling stolen property, possession of firearms and drugs offences.

It is also encouraging to note that since the launch of the operation, the burglary figures in particular have shown a significant downward trend. Indeed, the CSO official recorded crime statistics for Q4 of 2016 in respect of Co. Tipperary show decreases in a number of the main categories of crime for example: burglary (16%), robbery (10%), theft (5%) and public order offences (17%) for the twelve months of 2016 when compared to the same period in 2015, all of which parallels the implementation of Operation Thor.

An Garda Síochána’s Modernisation and Renewal Programme (2016-2021) places a strong emphasis 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. In this regard, community policing is a key aspect of the Garda approach to the prevention and detection of crime. All Gardaí have a role to play in addressing community policing issues as and when the need arises. Gardaí engage with a wide range of community based groups, as well in more formal settings such as Joint Policing Committees, to ensure that local issues can be aired and appropriate partnerships formed with communities to address matters of concern. Gardaí also support over 3,700 Community Alert and Neighbourhood Watch Schemes nationwide, and these form an important partnership with An Garda Síochána to prevent crime and protect communities, especially the elderly and more vulnerable persons. In addition, the Garda Text Alert Scheme provides an effective means for Gardaí to communicate crime prevention information to local communities.

Underpinning all of these measures is the Government's ongoing commitment 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. The Government plans 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 which is in train within An Garda Síochána. Approximately 300 appointments will also be made to the Garda Reserve.

Courts Service Data

Questions (506)

Pearse Doherty

Question:

506. Deputy Pearse Doherty asked the Minister for Justice and Equality the annual eExchequer funding provided to the Courts Service for 2017 and in each of the past ten years, in tabular form. [35711/17]

View answer

Written answers

The funding to agencies under the remit of my Department is provided through the annual estimates process. The information in respect of the Courts Service Vote is set out in the following table.

Annual Exchequer Funding to the Courts Service: 2008 to 2017

Year

Total Gross Funding

Appropriations in Aid

Total Net Funding

€’000

€’000

€’000

2017

140,080

47,828

92,252

2016

109,672

46,003

63,669

2015

107,965

47,815

60,150

2014

104,565

46,535

58,030

2013

104,959

46,635

58,324

2012

107,090

52,315

54,775

2011

112,126

51,461

60,665

2010

148,722

46,519

102,203

2009

122,027

44,408

77,619

2008

136,195

28,935

107,260

Source, Published revised estimated volume (REV) for the respective years.

Criminal Prosecutions

Questions (507)

Pearse Doherty

Question:

507. Deputy Pearse Doherty asked the Minister for Justice and Equality the types of measures in place to ensure the protection of witnesses and juries, respectively, in serious criminal cases; and the approximate spend on same in each of the past five years. [35712/17]

View answer

Written answers

The intimidation of a witness or juror is an offence pursuant to Section 41 of the Criminal Justice Act 1999, which specifies the offence as harming, threatening or menacing, or in any other way intimidating or putting in fear another person who is assisting in the investigation of an offence by the Garda Síochána, with the intention of causing the investigation or course of justice to be obstructed, perverted or interfered with. Following the enactment of the Criminal Justice (Amendment) Act 2009, the offence is punishable on indictment by a fine or a term of imprisonment of up to 15 years.

In addition, section 39 of the Criminal Justice Act 2009 provides that a witness (other than the accused) may give evidence by video-link where the court is satisfied that the person is likely to be in fear or subject to intimidation in giving evidence.

An Garda Síochána has operated a Witness Security Programme since 1997 to respond to attempts by criminal and other groups to prevent the normal functioning of the criminal justice system, including through the threat and the use of violence and systematic intimidation of witnesses. The budget allocation for the Witness Security Programme in the years 2012-2016 is set out in the following table.

Year

Expenditure

2016

€1.320m*

2015

€1.198m

2014

€1.198m

2012 and 2013 combined

€1.150m

* Provisional - out-turn will be confirmed in the 2016 Appropriate Account.

The operation of the Witness Security Programme and the resources required for it are kept under continuous review by the Garda authorities. The Deputy will appreciate that by virtue of the necessarily highly confidential nature of the Witness Security Programme and the need to maintain the protection and safety of the persons who receive support from it, it is not the practice to detail the specifics of its operation.

Naturalisation Applications

Questions (508)

Robert Troy

Question:

508. Deputy Robert Troy asked the Minister for Justice and Equality if he will expedite an application for naturalisation by a person (details supplied). [35737/17]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy, which was received in March this year, is ongoing with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence, are satisfied. On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union level, and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Crime Data

Questions (509)

Jim O'Callaghan

Question:

509. Deputy Jim O'Callaghan asked the Minister for Justice and Equality about his plans to create a national fraud database, and if he will make a statement on the matter. [35748/17]

View answer

Written answers

The Deputy will recall that the Department of Finance undertook a review into the cost of motor insurance in the latter half of 2016. The ensuing report published by the Department of Finance in January 2017, ‘Report on the Cost of Motor Insurance’, included a recommendation (Recommendation No. 25) to establish a fully functioning integrated fraud database for the insurance industry to detect patterns of fraud. The Department of Justice and Equality was charged with implementing this recommendation and set up a working group to progress this recommendation.

The recommendation proposes that the recommended database will reduce levels of insurance fraud by providing access to details of incident data which can be used to detect patterns of potentially fraudulent behaviour. Specifically, the working group was convened to determine the parameters of the database to be established and consider the policy and legislative issues as well as funding, access and content.

The working group is made up of representatives from the Crime, Civil Law and Criminal Law Divisions of my Department, An Garda Síochána’s Garda National Economic Crime Bureau (GNECB), Insurance Ireland and the Motor Insurance Bureau of Ireland (MIBI). Terms of Reference were agreed by the working group, which has met on 7 occasions to date.

The group has engaged in discussions with the Office of the Attorney General, the Office of the Data Protection Commissioner and the respective UK bodies dealing with insurance fraud (i.e. Insurance Fraud Enforcement Department (IFED) and the Insurance Fraud Bureau (IFB)) as part of its work and these interactions have fed into a working group report, which outlines the working group's consultations, analysis and recommendations. The working group intends to submit this report to the Office of the Attorney General and the Office of the Data Protection Commissioner for their views, following which the report will be submitted to the Cost of Insurance Working Group, which is chaired by my colleague, the Minister of State, Michael D'Arcy, T.D.

If it is determined, following this initial scoping exercise, that an insurance fraud database (including the possibility of expanding the existing industry database) is a viable option, then a further exercise will be carried out to put the necessary legislative and other measures in place to facilitate it.

Naturalisation Applications

Questions (510)

Bernard Durkan

Question:

510. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for naturalisation in the case of a person (details supplied), and if he will make a statement on the matter. [35756/17]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for a certificate of naturalisation from the person referred to by the Deputy has entered the final stage of processing. A letter was recently issued to the person concerned requesting him to submit the prescribed certificate fee and other documents.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

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