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Wednesday, 18 Oct 2017

Written Answers Nos. 115-134

Northern Ireland

Questions (115)

Declan Breathnach

Question:

115. Deputy Declan Breathnach asked the Minister for Foreign Affairs and Trade the progress made in dealing with legacy issues despite the absence of the Northern Ireland Executive; the discussions that have taken place with Secretary of State James Brokenshire or the UK Secretary of State for Foreign Affairs on legacy issues; and if he will make a statement on the matter. [44201/17]

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Written answers

The Government is determined, as co-guarantor of the Good Friday Agreement, to do everything in our power to ensure all of its institutions are operating effectively, and that outstanding commitments from previous Agreements are fully implemented.

The Government is continuing to work with the British Government and the parties to support the urgent resumption of the devolved institutions of the Good Friday Agreement. Thereafter, I believe that prompt and definitive progress can and should be achieved with the implementation of the comprehensive legacy framework provided for under the Stormont House Agreement of 2014.

In the discussions at Stormont Castle on outstanding commitments, that took place between March and June of this year, my predecessor and I engaged extensively with the Secretary of State for Northern Ireland and all of the political parties to seek a way forward to implement the Stormont House legacy framework. This built on the progress made during the talks in 2015 on legacy issues.

It is critical that the momentum from the recent Stormont Castle discussions is continued in the weeks and months ahead. The Government has emphasised to all parties the urgent need to reach an agreement to move ahead with the establishment of the Stormont House legacy framework, which victims and survivors continue to wait for delivery of, having had to wait for far too long already for a suitable and effective system in Northern Ireland for dealing with legacy issues from the Troubles.

The next step in relation to the legacy institutions is expected to be a public consultation by the British Government on their draft legislation to establish the legacy bodies provided for in the Stormont House Agreement. Legislation will also be required in this jurisdiction to provide for cooperation with the Stormont House legacy bodies. The preparation of legislative proposals for consideration by the Government and the Oireachtas is being advanced by the Department of Justice and Equality and my Department.

I have also emphasised in discussions with the Secretary of State for Northern Ireland and the political parties, the need to ensure that legacy inquests are properly resourced, and urged all with responsibilities in relation to legacy inquests to move forward as quickly as possible to implement the helpful proposals of the Lord Chief Justice for Northern Ireland.

The Government will continue to engage with the British Government and the political parties to seek an urgent move forward on legacy issues, to establish the Stormont House framework, meet the legitimate needs and expectations of victims and survivors, and contribute to broader societal reconciliation as an integral part of the Peace Process.

Emigrant Support Services

Questions (116)

Willie Penrose

Question:

116. Deputy Willie Penrose asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the significant increase in the level of rejections of young Irish citizens for J1 trainee programmes by the US Embassy in Dublin; if his attention has been further drawn to the fact that a number of young persons who are legally in the USA and who wish to stay and further their training legally prior to returning to Ireland to employ their skills will be making applications to extend their stays within the next six months; his views on whether the recent change of US policy in respect of the J1 programmes threatens its viability; and if he will make a statement on the matter. [44260/17]

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Written answers

I am aware of media reports that the J1 programmes are being reviewed by the US administration, in the context of President Trump's "Hire American" Executive Order. Any cuts to the J1 trainee programme or any significant increase in the level of rejections would be of serious concern to the Government.

My officials in Washington and Dublin have made clear to the US Administration the importance that the Government places on the J1 programmes.

The J1 suite of programmes has been a tremendously successful part of the Ireland -US relationship for almost 50 years, with 150,000 Irish third-level students and young people having participated in programmes over that time.

The J1 offers more than a dozen options for participants wishing to experience life in the US while providing opportunities to work while doing so, one of which options is the trainee visa programme.

The Government does not have a role in administering any of the J1 programmes, which is overseen by the US Department of State and run by a number of not-for-profit US sponsoring bodies, who, in turn, work with agencies here in Ireland.

Nevertheless, officials at the Embassy of Ireland in Washington DC are in regular contact with the US State Department regarding the J1 programme, while officials from my Department are also in regular contact with the US Embassy in Dublin.

I can assure the Deputy of the Government’s commitment to the continued success of all the J1 programmes and that we will stay in close contact with the US authorities and convey any concerns that we have as to administration of the programme.

Brexit Negotiations

Questions (117)

Catherine Connolly

Question:

117. Deputy Catherine Connolly asked the Minister for Foreign Affairs and Trade if he has communicated the Government's view of the position which should be reflected in the mandate being prepared and is due to be given to the European Commission for trade negotiations with UK; if the Government emphasised the importance of ongoing equivalence in equality, employment and environmental standards within such negotiations; if he has expressed a view for or against the inclusion of investor courts in this trade mandate; and if he will make a statement on the matter. [44261/17]

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Written answers

The Article 50 negotiations between the EU and the UK are proceeding on the basis of the phased approach set out in the European Council Guidelines of 29 April 2017.

Ireland fully supports this approach, which foresees that discussions on the future EU-UK relationship, including trade, will get underway as soon as sufficient progress has been made on the EU’s key priorities under the withdrawal process – notably citizens’ rights, the UK’s financial settlement and the Irish specific issues.

At EU level, my immediate focus is therefore on working with my EU counterparts to ensure the negotiations continue in a positive and constructive manner with a view to ensuring that swift progress can be made on the withdrawal issues. This will be vital in ensuring that the parallel discussions on the future EU-UK relationship, including in relation to trade, can begin as soon as possible.

In parallel, I am working intensively with colleagues from across all Departments to ensure a coordinated Government response to Brexit. Work at Cabinet level is being prepared through cross-Departmental coordination structures, chaired at very senior level by the Department of Foreign Affairs and Trade. These represent a frequent and active channel through which all relevant Departments are providing their input to the Government’s wider response to Brexit, including its priorities for the ongoing Article 50 negotiations between the EU and the UK.

This work is building upon the extensive cross-Government research, analysis and consultation with stakeholders that has already been undertaken, including as reflected in the comprehensive document “Ireland and the negotiations on the UK’s withdrawal from the European Union: The Government’ Approach” published on 2 May. This document set out key aspects of the Government’s overall approach, including that any future Free Trade Agreement with the UK should promote regulatory conformity, ensure ways to manage potential regulatory divergence, and impose the disciplines needed in order to ensure a level playing field. Such an agreement should also include a robust dispute resolution mechanism and associated enforcement process, and these or similar mechanisms will also be necessary to ensure that agreed rules and undertakings in other areas are honoured. Future tariff arrangements will be a key focus, as will the need to minimise any burdens of customs or transit costs. Our hope is that a largely or wholly tariff-free arrangement will be possible.

Ireland’s overriding position is that a future EU-UK Free Trade Agreement should be comprehensive and ambitious and as wide as possible in its scope, while ensuring a level playing field and protecting the integrity of the Single Market. This is an outcome that I will be working hard to achieve with my EU27 counterparts.

Garda Training

Questions (118)

Jim O'Callaghan

Question:

118. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the reason for the 8% reduction in the Garda training and development budget in 2018. [44093/17]

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Written answers

I can confirm for the Deputy that there are no reductions in the Garda training budget. It was noted in the published Budget Day estimate for 2018 for the Garda Vote that a proportion of the estimate for some items, including the subhead to which the Deputy refers is now reflected in a new subhead for the Garda College. This has led to the reallocation of certain costs between subheads in 2018 compared with 2017. This will be apparent in the more detailed subhead information to be published in the Revised Estimates Volume later in the year but I can inform the Deputy that the allocation for the Garda College is in the region of €30.5 million.

A total budget of €1.65 billion has been provided to An Garda Siochána in 2018, an increase of 2% on 2017. It should be noted that the Garda allocation substantially continues to benefit from the significant additional funding that was provided in 2016, and maintained in 2017, to fund the sustained response to tackle gangland crime, fund the continuation of Operation Thor and ensure that measures to prevent international terrorism can be continued.

The training costs of An Garda Síochána are an intrinsic part of the overall allocation, which are absorbed throughout the Garda Vote whether in the payroll costs of the personnel providing the training or the travel and subsistence costs of members travelling to regional centres for in-service training etc. The vast bulk of training to members of An Garda Siochána is provided internally by suitably qualified personnel.

It is the case that the training requirement will even grow further over the next couple of years to correspond with the increase in personnel in the organisation as well as the deployment of new ICT systems underpinning the unprecedented level of investment under the Modernisation and Renewal Programme. This requirement will be kept under review with An Garda Síochána.

Court Accommodation Refurbishment

Questions (119)

Eamon Scanlon

Question:

119. Deputy Eamon Scanlon asked the Minister for Justice and Equality if his Department has received a structural engineer's report for the essential remedial work on Ballinamore courthouse, County Leitrim; if this report has been supplied to the Courts Service; and if he will make a statement on the matter. [44098/17]

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Written answers

As 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 and the Courts Service has informed me that work was due to be undertaken earlier this year on the roof of Ballinamore courthouse. The Courts Service has further informed me that the Office of Public Works advised that a report on the structure of the building is required before any work could commence.

As previously advised in my reply to parliamentary question No. 194 of 10 October 2017, the Courts Service is still awaiting a structural engineer's report on the building which will inform the refurbishment process.

State Pathology Service

Questions (120)

Clare Daly

Question:

120. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 116 of 4 October 2017, if officials in the Office of the State Pathologist are not accountable to his Department; and if the chief State pathologist is equally not accountable to him or his Department. [44104/17]

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Written answers

All bodies which operate under the aegis of my Department agree governance and accountability arrangements with the Department, including written governance agreements, in line with the requirements of the Code of Practice for the Governance of State Bodiesand in accordance with the Department’s Corporate Governance Framework.  Such arrangements help to ensure that appropriate corporate governance is in place in State bodies and that the citizen receives good value in the expenditure of public funds.  However, such arrangements do not impinge on the operational independence of bodies such as the Office of the State Pathologist.  As I stated in my response to the Deputy's question of 4 October, 2017, the Office of the State Pathologist is independent in the operation of its functions, which is entirely right and proper in light of the very important role it plays in the investigation and prosecution of serious crimes.

Garda Deployment

Questions (121, 122, 123)

Róisín Shortall

Question:

121. Deputy Róisín Shortall asked the Minister for Justice and Equality the number of gardaí stationed in Athlone, Mullingar, Moate and Longford; and if he will make a statement on the matter. [44178/17]

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Róisín Shortall

Question:

122. Deputy Róisín Shortall asked the Minister for Justice and Equality the number of gardaí stationed in counties Westmeath and Longford; and if he will make a statement on the matter. [44179/17]

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Róisín Shortall

Question:

123. Deputy Róisín Shortall asked the Minister for Justice and Equality the number of gardaí stationed in County Roscommon; and if he will make a statement on the matter. [44180/17]

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Written answers

I propose to take Questions Nos. 121 to 123, inclusive, 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.

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 to 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 plan is progressing apace. 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.

I am pleased to say that Budget 2018 will support the continuation of this high level of investment in the three strands of the Garda workforce and ensure that the vision of an overall workforce of 21,000 by 2021 remains on track.

I am informed by the Commissioner that the strength of the Roscommon/Longford Division, on 31 August 2017, the latest date for which figures are readily available, was 305 with 9 Garda Reserves and 29 civilians attached to the Division. The Athlone, Mullingar and Moate Garda stations form part of the Westmeath Division. The strength of the Westmeath Division on 31 August 2017, the latest date for which figures are readily available, was 267 with 13 Reserves and 23 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.

I am further informed by the Commissioner, that since the reopening of the Garda College in September 2014, close to 1,400 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide with 10 and 27 being assigned to the Roscommon/Longford and Westmeath Divisions respectively. I am also informed that another 200 trainee Garda are scheduled to attest 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 needed to deploy increasing numbers of Gardaí across every Garda Division, including the Roscommon/Longford and the Westmeath Divisions in the coming years.

For the Deputy's information I have set out in the table, as provided by the Commissioner, the number of gardaí assigned to the Roscommon/Longford and the Westmeath Garda Divisions as of 31 August 2017 the latest date for which figures are readily available.

Strength of the Roscommon/Longford Division 31 August 2017

DIVISION

STATION

TOTAL

CASTLEREA             

BALLAGHADERREEN     

10

 

BALLINLOUGH         

2

 

BOYLE               

26

 

CASTLEREA           

40

 

ELPHIN              

2

 

FRENCHPARK          

2

 

KEADUE              

1

 

ROOSKY              

3

 

STROKESTOWN         

5

 

TULSK               

2

 

 TOTAL

93

GRANARD               

DRUMLISH            

2

 

EDGEWORTHSTOWN      

11

 

GRANARD             

32

 

SMEAR               

1

 

 TOTAL

46

LONGFORD              

BALLYMAHON          

8

 

KENAGH              

1

 

LANESBORO           

6

 

LONGFORD            

73

 

 TOTAL

88

ROSCOMMON             

ATHLEAGUE           

1

 

CLONARK             

6

 

ROSCOMMON           

71

 

TOTAL

78

 ROSCOMMON / LONGFORD TOTAL

 

305

Strength of the Westmeath Division 31 August 2017

DIVISION

STATION

TOTAL

ATHLONE               

ATHLONE             

76

 

BALLYMORE           

1

 

GLASSON             

2

 

KILBEGGAN           

2

 

MOATE               

13

 

 TOTAL

94

MULLINGAR              

BALLYNACARGY        

2

 

CASTLEPOLLARD       

3

 

DELVIN              

8

 

KILLUCAN            

4

 

KINNEGAD            

5

 

MULLINGAR           

145

 

MULTYFARNHAM        

1

 

ROCHFORTBRIDGE      

5

 

 TOTAL

173

 WESTMEATH TOTAL

 

267

Closed-Circuit Television Systems Provision

Questions (124)

Niamh Smyth

Question:

124. Deputy Niamh Smyth asked the Minister for Justice and Equality if applications to a scheme (details supplied) cannot be processed until a new Garda Commissioner is appointed; and if he will make a statement on the matter. [44183/17]

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Written answers

The Deputy will be aware that the Community-based CCTV grant-aid Scheme was launched by my Department in April 2017 to assist community groups in the establishment of CCTV systems in their local areas.

A key requirement of the Scheme is that the proposal must have the authorisation of the Garda Commissioner in accordance with Section 38 of the Garda Síochána Act 2005.

The Deputy will also be aware that, in accordance with the provisions of section 32 of the Garda Síochána Act 2005, I appointed Deputy Commissioner Dónall Ó Cualáin Acting Commissioner with full powers following the retirement on 10 September 2017 of the Garda Commissioner. 

In these circumstances, there is no impediment which would prevent the authorisation of any CCTV application should it fulfil the eligibility criteria for funding under the Scheme.

Full details of the Scheme, including guidelines, application forms, code of practice and other relevant documentation are available to download from my Department's website - www.justice.ie.

I am very keen to ensure that groups take full advantage of the available funding and I would strongly encourage interested groups to utilise the Scheme. Guidance is available from my officials to provide any clarifications required in relation to the Scheme.

Legislative Measures

Questions (125)

Maureen O'Sullivan

Question:

125. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if he will report on the progress of the Criminal Law (Sexual Offences) Act 2017; the statistics to back up the progress in terms of enforcement and support for victims; and if he will make a statement on the matter. [44236/17]

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Written answers

The Criminal Law (Sexual Offences) Act 2017 was passed by the Houses of the Oireachtas on 14th February 2017. Much of the Act was commenced on 27th March 2017 and work is ongoing to ensure that the remaining sections of the Act are commenced as soon as practicable.

Due to the recent enactment of the Bill, the operational needs of adapting crime recording systems to record new crimes, and the standard for statistical reports to be produced a number of months after the period recorded, statistics are as yet unavailable. 

I believe that support for victims of crime is essential. To that end, a number of offices within my Department provided funding to organisations supporting victims of crime. So far, in 2017, the Victims of Crime Office has allocated funding of just over €1.7m to organisations supporting victims of crime, €209,000 of which went to organisations supporting victims of sexual crime. This was augmented by funding from Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, who provided €40,000 towards supports for victims of sexual crimes. The Anti-Human Trafficking Unit in my Department has also provided €260,000 to date in 2017 to Ruhama. Ruhama deals primarily with women affected by prostitution and other forms of commercial sexual exploitation.

I am pleased to inform the Deputy also that I expect the Victims of Crime Bill 2015, which will give legislative effect to the EU Victims Directive, to complete its passage through the Houses of the Oireachtas in the coming days. 

Garda Operations

Questions (126)

Maureen O'Sullivan

Question:

126. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the position regarding the success of Garda operations targeting rural burglary gangs; and his plans to further reassure persons living in fear. [44237/17]

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Written answers

I want to assure the Deputy that I am very much aware of the impact of crime on rural communities, including the serious damage done by organised gangs who target rural areas to engage in burglary and other property-related crime.

The success of the Garda measures to tackle burglary being implemented through Operation Thor is borne out by latest available CSO crime figures which show a very significant decline in property related crime. It is encouraging to note that since the launch of Operation Thor in late 2015, the CSO burglary figures have shown a significant 30% decrease in burglary for the twelve months of 2016 when compared to 2015.

As the Deputy is aware, Operation Thor involves 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 allocation of almost €100 million for Garda 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.

These 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 83,260 targeted checkpoints and 61,580 crime prevention patrols nationwide. This concentrated policing activity has produced in the region of 5,540 arrests and 6,150 charges covering a range of offences which, in addition to burglary, have included handling stolen property, possession of firearms and drugs offences.

This Government has also made it a particular priority to strengthen our legislative provisions through the enactment of the Criminal Justice (Burglary of Dwellings) Act 2015 which is targeted at repeat burglars who have previous convictions and who are charged with multiple offences of residential burglary. This new legislation is now available to support the work which is being carried out by An Garda Síochána under Operation Thor.

The Programme for Government underlines the need for close engagement between An Garda Síochána and local communities. This is an essential feature of the strong community policing ethos which has long been central to policing in this jurisdiction.  The Deputy will be aware that, as part of the overall strategy to oppose criminality, the Garda authorities pursue a range of partnerships with community stakeholders, including the farming organisations.

There are a range of partnership initiatives which have been established between An Garda Síochána and important rural-based organisations such as the Irish Farmers Association, Muintir na Tire and other rural community organisations. These include the well established Community Alert Programme, which receives annual funding from my Department, as well as the work of the Metal Theft Forum, the Crimestoppers campaign highlighting the Theft of Livestock, the Theftstop initiative in relation to farm equipment, and the highly successful Garda Text Alert Scheme. 

Furthermore, I recently announced that an additional €100,000 was being made available to Text Alert Groups, registered with An Garda Síochána, to provide modest financial assistance with the running costs they incur each year.  This Text Alert Rebate Scheme will be administered by Muintir na Tíre and Groups wishing to participate at the Scheme can find more details at www.muintiir.ie.

An Garda Síochána's Modernisation and Renewal Programme 2016-2021 places a strong emphasis on developing and supporting the community policing ethos of the organisation and enhancing the current delivery model so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security.  It will result in the introduction of multi-skilled Community Policing Teams in every District. Community Policing Teams will be made-up of Gardaí from a number of different units who will work with the local community to prevent and detect crime.  Undoubtedly, the ongoing recruitment process will support all Garda activities and will enhance the provision of effective Community Policing throughout the country.

Underpinning all of these measures is the Government's 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 is pursuing its 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, up to 500 civilians and approximately 300 members of the Garda reserve. These appointments will support the wide ranging reform plan which is in train in An Garda Síochána, and benefit policing services for all communities, whether in rural or urban areas.

Prisoner Welfare

Questions (127)

Maureen O'Sullivan

Question:

127. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality his plans to improve prison accountability by introducing a prisoner complaint mechanism and the ratification of the Optional Protocol to the Convention Against Torture, OPCAT, as a gesture; and if he will make a statement on the matter. [44238/17]

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Written answers

A prisoner complaints system is already in place. It was introduced in November 2012 based on a model recommended by the late Inspector of Prisons, Judge Michael Reilly. The system is categorised according to the nature and seriousness of the complaint. This can range from the most serious 'Category A' complaint through to a Category D complaint. A complaint in the 'A' category, such as assault,  is examined by investigators from outside the Prison Service to ensure an effective and impartial investigation. A complaint in the 'D' category would relate to maladministration by professionals providing services to prisoners such as doctors, dentists etc.

The late Judge Reilly, who was independent of Government in his post of Inspector, carried out a review of this system in June 2016  and made a number of recommendations. This report entitled “Review, Evaluation and Analysis of the Operation of the present Irish Prison Service Complaints Procedure” is available on my Department's website - www.justice.ie. 

One of the key recommendations in the Inspector's report is that prisoners’ complaints should be subject to review by the Ombudsman, who would also be able to deal with complaints directly in the case of undue delay. This recommendation was accepted and my officials and officials from the Irish Prison Service are in advanced discussions with the Ombudsman's office with the aim of establishing an effective complaints system for prisoners. Further measures recommended in the Inspector's report need to be in place - such as development of the necessary IT infrastructure - before the Irish Prison Service will be in a position to implement the revised procedures. Some amendment to secondary legislation may be required as well but it is not envisaged that primary legislation will be required.

The revision of the prisoner complaints system is not directly linked to the ratification of the UN's Optional Protocol to the Convention Against Torture (OPCAT). Preparatory work on this ratification has been on-going for some time.  At the end of 2015, the Department of Justice and Equality initiated a consultation process with civil society on the ratification of the Protocol in Ireland. Following an open policy debate including with NGOs, the academic community as well as statutory agencies, the Department circulated a revised consultation paper.  This process was concluded in May 2017 and the contributions made will inform the development of a General Scheme for the Inspection of Places of Detention Bill, which will include provisions to ratify OPCAT.

Among the suggestions made by respondents was that a full scoping exercise be carried out on how OPCAT would operate across the various places of detention in the State.  This involves consultations with a number of Government Departments which are already underway.  The Department is also continuing its engagement with those who contributed submissions on the matter, building on the scoping work already initiated and in particular, the research carried out by the Irish Human Rights and Equality Commission.  All this work is informing the drafting of the General Scheme of the Inspection of Places of Detention Bill. When the draft legislation is sufficient advanced, I will seek Government approval of the Heads of a Bill.  Subject to this approval, the Bill will then be submitted to the Oireachtas for pre-legislative scrutiny and the other necessary steps before the Bill becomes law.

Parole Boards

Questions (128)

Maureen O'Sullivan

Question:

128. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality his plans to establish a fully independent parole board on a statutory basis; his further plans to implement the recommendations of the strategic review on penal policy; and if he will make a statement on the matter. [44239/17]

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Written answers

As the Deputy is aware, the Penal Policy Review Group (PPRG) was established in 2012 in line with the recommendations of the Thornton Hall Project Review Group, to conduct a wide-ranging strategic review of penal policy. The report of the PPRG titled ‘Strategic Review of Penal Policy’ dated July 2014 was published on my Department's website (www.justice.ie).  In November 2014, the report of the Group was submitted to Government, one of the recommendations of which was that an implementation and oversight mechanism should be set up. 

The Implementation and Oversight Group was established in early 2015, to oversee implementation of the PPRG’s recommendations. Its primary function is to meet and report to the Minister, on a six monthly basis, on the implementation status of the recommendations of the PPRG. The Group has submitted four reports on progress to date.  Three reports are currently available on my Department's website and the fourth report will be published shortly.  These reports outline the timelines expected for the implementation of each recommendation made by the Penal Policy Review Group and the current implementation status of each of those recommendations.

The PPRG report identified 43 recommendations for reform of penal policy and this currently forms the blueprint for penal reform to which I am fully committed. Progress has been made in terms of some of the recommendations of the PPRG - for example, the pursuit of alternatives to custody, interagency working between the Irish Prison Service and the Probation Service and the use of structured temporary release programmes such as the Community Return Programme and the Community Support Scheme.

Recommendation 31 of the Report was that a Parole Board should be established on a statutory footing with the power to make decisions on sentences.

Following the publication of the report work commenced on a General Scheme of a Bill on the establishment of a Parole Board on a statutory basis.

In April 2017, the Government agreed to focus on the Private Members Parole Bill 2016 that had been brought forward by Deputy Jim O’Callaghan and to work in partnership with Deputy O’Callaghan to achieve this objective. It was also agreed that appropriate amendments to the Bill would be brought forward in consultation with Deputy O’Callaghan. The Bill passed Committee Stage in Dáil Éireann on 24 April 2017 and work on preparing amendments for Report Stage is ongoing.

The Bill provides for establishing a Parole Board on a statutory basis to determine releases from prison of long sentence offenders. The Bill sets out the criteria to be considered in deciding on the release of prisoners, which include risk to public safety and the extent to which release will facilitate the prisoner’s reintegration into society.

Garda Investigations

Questions (129)

Ruth Coppinger

Question:

129. Deputy Ruth Coppinger asked the Minister for Justice and Equality his views on the conduct of An Garda Síochána in relation to a domestic violence case (details supplied) that relates to the killing of a member of An Garda Síochána in Omeath, County Louth; and if he will make a statement on the matter. [44264/17]

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Written answers

The tragic events at Omeath on 11 October 2015 caused suffering, grief and distress to the victims, their families and their friends.  Our sympathies are with them.  I recall, in particular, Garda Tony Golden, who lost his life doing his duty serving his community, and the young woman who suffered such trauma and serious injury that day.

The events of that day and matters related to them are the subject of review processes being carried out by the Garda Authorities.  This is in addition to the Garda investigation that is taking place into the shootings themselves.  These investigation and review processes are ongoing.

In addition, the Deputy will be aware that the Garda Síochána Ombudsman Commission is carrying out independent investigations into matters related to the shootings. 

I am sure the Deputy will agree that we should not prejudge the outcome of those investigations.  We should allow these processes to be completed in order that the matters referred to by the Deputy can be addressed and the truth established independently.

Visa Applications

Questions (130)

Catherine Connolly

Question:

130. Deputy Catherine Connolly asked the Minister for Justice and Equality the reason spouse of an Irish national, SOIN, applications are taking 12 months to process; the steps that are being taken to reduce this time; the options available to a person who wants to work while waiting for their application to be processed; and if he will make a statement on the matter. [44081/17]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that while the Spouse of Irish National Unit endeavours to process applications as quickly as possible, processing times may vary due to a number of factors, such as the number of applications on hands, individual circumstances, the complexity of applications, whether further information is required, and the resources available. 

I should point out that the Spouse of Irish National Unit, within INIS, process applications for persons who have no current permission to reside in the State.  This is an important distinction as it should be noted that where an individual enters the State, having initially obtained the correct visa, or where they seek to register their SOIN related immigration permission while 'in permission', they may be registered at their local Immigration Office 'over the counter' in a much simpler procedure. 

As the Deputy will appreciate, the onus is on the applicant to remain in permission.  Any person who contravenes subsections (2), (3) or (4) of Section 9 of the Immigration Act 2004 is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or both.

I am also advised by the INIS that their practices and procedures have been, and continue to be, reviewed in order to reduce the time it takes to process an application, e.g. the introduction of new application forms and explanatory leaflets.  The Deputy may be interested to know that following the introduction of an in-depth application form some time ago, the standard initial permission for such applications was increased from 12 months to 36 months in most instances.

Furthermore, I am advised that if an applicant wishes to work while their application is being processed they may consider applying for a work permit from the Department of Business, Enterprise and Innovation. 

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.

Medicinal Products Licensing

Questions (131)

Jack Chambers

Question:

131. Deputy Jack Chambers asked the Minister for Health if he will request the Health Products Regulatory Authority to license pembrolizumab for use in the treatment of fine cell neuroendocrine rectal cancer; and if he will make a statement on the matter. [44084/17]

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Written answers

Pembrolizumab is authorised for the treatment of a number of cancers, including melanoma, non-small cell lung cancer and Hodgkin lymphoma. These authorisations were issued by the European Commission, following a recommendation from the Committee for Medicinal Products for Human Use (CHMP), the scientific committee of the European Medicines Agency (EMA). The Health Products Regulatory Authority is a member of this committee.

Pembrolizumab is not currently authorised for fine cell neuroendocrine rectal cancer. In order to achieve this clinical indication, the company marketing pembrolizumab would need to submit data to the EMA for review by the CHMP. If the data were supportive of the safety and efficacy of pembrolizumab in this indication, an amended authorisation could be issued by the European Commission.

It is important to note that the Minister for Health has no role in the authorisation process for medicines in Ireland.

Hospital Appointments Status

Questions (132)

Bernard Durkan

Question:

132. Deputy Bernard J. Durkan asked the Minister for Health if there will be no undue delays or rearranging of an appointment in the case of a person (details supplied); and if he will make a statement on the matter. [44087/17]

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Written answers

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The scheduling of appointments for patients is a matter for the hospital to which the patient has been referred. Should a patient's general practitioner consider that the patient's condition warrants an earlier appointment, he or she should take the matter up with the consultant and the hospital involved. In relation to the specific case raised, I have asked the HSE to respond to you directly.

Abortion Services Provision

Questions (133)

Catherine Connolly

Question:

133. Deputy Catherine Connolly asked the Minister for Health the analysis that has been undertaken regarding the cost of introducing free access to abortion services; and if he will make a statement on the matter. [44099/17]

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Written answers

As the Deputy may be aware, officials in my Department are giving consideration to a range of scenarios that may arise if there was to be a change to Article 40.3.3 of the Constitution, including the cost and access issues referred to by the Deputy. I am committed to ensuring an informed Oireachtas and public debate on the Eighth Amendment when it comes before the Houses, and in that regard all relevant information will be made available when the Oireachtas is debating the issue.

Medical Aids and Appliances Provision

Questions (134)

Seán Sherlock

Question:

134. Deputy Sean Sherlock asked the Minister for Health when a person (details supplied) will receive a wheelchair which has been approved. [44101/17]

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Written answers

As this is a service matter, it has been referred to the Health Service Executive for direct reply to the Deputy.

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