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Friday, 7 Sep 2018

Written Answers Nos. 485-505

Prison Medical Service

Questions (485, 486, 487)

Clare Daly

Question:

485. Deputy Clare Daly asked the Minister for Justice and Equality if his attention has been drawn to the fact that the number of permanent doctors allocated to the Midlands Prison for day shifts dropped from two to one between 2012 and 2013 and has not been increased in the intervening years despite the fact that the population of the prison has grown from 616 in 2012 to 830 to date; and if he will make a statement on the matter. [36220/18]

View answer

Clare Daly

Question:

486. Deputy Clare Daly asked the Minister for Justice and Equality if his attention has been drawn to the fact that the number of permanent doctors allocated to the Midlands Prison for night shifts dropped from two to one between 2012 and 2013 and has not been increased in the intervening years despite the fact that the population of the prison has grown from 616 in 2012 to 830 to date; and if he will make a statement on the matter. [36221/18]

View answer

Clare Daly

Question:

487. Deputy Clare Daly asked the Minister for Justice and Equality if the recommendation in a report commissioned by the Irish Prison Service (details supplied) that there should be one doctor for every 250 inmates has been implemented; and if not, the reason therefor. [36222/18]

View answer

Written answers

I propose to take Questions Nos. 485 to 487, inclusive, together.

I have been advised by the Irish Prison Service that all persons in custody are provided with a range of healthcare services based on an equivalence of care to that which is provided under the General Medical Scheme in the community.  Those services are based on the primary care model, and includes general practitioner services made available to all persons in custody.

The Irish Prison Service directly employs one permanent doctor in Midlands Prison and provides two locum doctors on an ongoing basis, by way of its contract agreement for the provision of locum GP services across the prison estate, with additional cover provided at weekends.

The Irish Prison Service continues to monitor the ratio of prisoners to doctors in each prison setting. In determining appropriate medical cover account is taken of a number of factors including, inter alia, other primary and secondary care resourcing, the age and presenting health status of the prisoner population, and the level of mental health and addiction need.

Criminal Injuries Compensation Tribunal Data

Questions (488, 489)

Seán Fleming

Question:

488. Deputy Sean Fleming asked the Minister for Justice and Equality if there are sufficient members on the criminal injuries board to enable the board to conduct its business in a reasonable timeframe in view of the fact that many cases before the board relate to injuries which occurred up to and more than ten years ago; and if he will make a statement on the matter. [36226/18]

View answer

Seán Fleming

Question:

489. Deputy Sean Fleming asked the Minister for Justice and Equality the number of cases before the criminal injuries board; the number of cases that were received in each of the past five years; the number of cases completed in each of the past five years; the timeframe to deal with current cases; and if he will make a statement on the matter. [36227/18]

View answer

Written answers

I propose to take Questions Nos. 488 and 489 together.

The Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted (General Scheme).  Under the terms of the Scheme, the Tribunal is entirely independent in the matter of individual decisions on applications for compensation.

The information requested is provided in the table.

Year

Number of Applications Received

Number of Cases in which Payments Made

2013

228

105

2014

257

75

2015

217

159

2016

210

73

2017

181

31

It is not possible to provide a timeframe to deal with the current cases as it varies depending on the circumstances of each case.  While applications are processed with the minimum of formality compared to court proceedings where compensation is being claimed under the Civil Liability Acts, in making their decisions Tribunal Members must be satisfied that all supporting documentation submitted is in order.  In some cases there can be delays pending the availability of all required documentation and some cases are complex in terms of medical conditions being assessed.

As the Deputy may be aware, the Tribunal is comprised of a Chairperson and six Ordinary Members who are practising barristers or solicitors.  They provide their services on a part-time basis to the Tribunal.  I have ensured that a full Tribunal membership has been maintained in order to continue to address claims as promptly as possible within the funds available.  The term of office for all Ordinary Members has recently been extended to June 2019, pending the completion of a recruitment process for new members which will commence shortly. 

Death Certificates

Questions (490)

Niamh Smyth

Question:

490. Deputy Niamh Smyth asked the Minister for Justice and Equality if a death certificate in the case of a person (details supplied) will be expedited; and if he will make a statement on the matter. [36230/18]

View answer

Written answers

I have no function in the issuance of death certificates. The Deputy may wish to contact the relevant coroner in this regard.

Garda Data

Questions (491)

Éamon Ó Cuív

Question:

491. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of members of An Garda Síochána that are in armed units such as the emergency support unit and other such units at present; the number in such units in 2010; and if he will make a statement on the matter. [36343/18]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel and I, as Minister, have no direct role in the matter. Garda management keeps this distribution under review in the context of crime trends and policing priorities to ensure optimum use is made of the resources.

I am advised by the Commissioner that for security and operational reasons the strength of the Armed Support Units cannot be provided.

Naturalisation Certificates

Questions (492)

Jack Chambers

Question:

492. Deputy Jack Chambers asked the Minister for Justice and Equality his views on whether the fees associated with naturalisation applications are prohibiting persons from applying; if the fees associated with such applications are being reviewed; and if he will make a statement on the matter. [36345/18]

View answer

Written answers

The fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011).  The application fee, stipulated at €175, is payable on application for a certificate of naturalisation and a certification fee is payable on the issue of a certificate of naturalisation.  The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen.  In the case of recognised refugees and stateless persons the certification fee is nil.  As such, the Regulations make specific provision for particular categories of applicants who may be on a reduced level of income and there is no information available to either myself or Departmental officials that in general, the level of fees is discouraging people from applying for naturalisation.  In that regard, it should be noted that once a grant of naturalisation is made in respect of non-EEA nationals, they no longer are required to register their immigration permission or pay the registration fee of €300 each time.

There is no provision in the Regulations for the discretionary waiver or reduction of fees, or for differing fees to apply to different nationalities, or based on length of residency.  While the operation of the Act is kept under review, there are no plans to amend the fees as they are comparable with other jurisdictions.

The standard fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for a certificate of naturalisation.  The Deputy will be aware that formal citizenship ceremonies have been introduced at no extra cost to applicants. These have been universally well received by participants as the ceremonies provide a sense of dignity and occasion that serves to underscore the importance to both the State and the applicant of the granting of Irish citizenship.

Court Accommodation Refurbishment

Questions (493)

John Brassil

Question:

493. Deputy John Brassil asked the Minister for Justice and Equality the status of the refurbishment works of Tralee Courthouse; and if he will make a statement on the matter. [36374/18]

View answer

Written answers

As the Deputy is 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, as part of its provincial capital building programme, one of the objectives is to provide improved court accommodation in Tralee which is one of a number of provincial city/county town venues nationwide still requiring new or upgraded courthouse accommodation and collectively these venues will be the next priority for investment in courthouse facilities outside the capital. 

The Courts Service has advised that it envisages a courthouse comprising four courtrooms and related facilities (consultation rooms, custody facilities, facilities for juries and vulnerable witnesses, and legal practitioner’s suites)  as being required to meet current and future needs in Tralee and that this will require a building significantly larger than the existing courthouse on Ashe Street. In terms of providing upgraded court accommodation the refurbishment, extension and development of existing courthouses has always been the Courts Service's preference. However, while this is an option for Tralee, the scope for refurbishing and developing the existing courthouse on Ashe Street to provide the envisaged accommodation is extremely limited due to the nature of the building and the constrained nature of the site.

The Courts Service has also advised that it is currently considering a number of options for Tralee Courthouse, including the level of extension and refurbishment achievable within the confines of the existing courthouse site; whether it would be feasible to acquire an adjacent town centre site and the degree of extension and refurbishment this would allow. Previous efforts to acquire adjacent sites on Ashe Street have not been successful as the sites could not be acquired at a price that represented value for money. A further option is to build a new modern courthouse on a greenfield/brownfield site and a number of potential sites are being considered in this regard. The Courts Service has informed me that a decision has not yet been made and that all options are under review.

A number of developments in relation to Courts Service accommodation requirements are outlined in the Government's recent National Development Plan 2018 -2027. They include:

- Further new or refurbished courthouses in regional cities and county towns where facilities remain substandard (including Galway City, Wicklow Town, Portlaoise, Tralee and Roscommon) and further provincial locations such as An Clochán Liath (Dungloe) to serve as the Gaeltacht court for the region, and Tuam;

- Regional Family Law Centres;

- A nationwide condition survey of all court buildings in the estate will be undertaken to determine their condition and identify works required in relation to any issues identified and meet ongoing maintenance requirements.

The precise allocation and timing of additional funding over the entire ten year period remains to be fully determined. It will be dependent on the outcome of further detailed planning and analysis of costs which will determine prioritisation of projects from a timing and budgetary perspective.

Departmental Communications

Questions (494)

Seán Fleming

Question:

494. Deputy Sean Fleming asked the Minister for Justice and Equality the position in his Department and the organisations under its aegis that have arrangements in place for lo-call numbers or 1800, 1850 and 1890 phone numbers for members of the public to contact his Department or organisations under its aegis; the number of these that are completely free to call to persons that use mobile phones and may incur major bills phoning such organisations; if the situation will be reviewed; and if he will make a statement on the matter. [36403/18]

View answer

Written answers

In respect of the Deputy’s question, the enclosed table outlines the arrangements in place in relation to lo-call numbers for members of the public to contact my Department. These facilities were introduced for the benefit of Departmental customers in providing access to local call costs for landline calls to the Department. There are equivalent fixed landline numbers in place for each of these, which are available for callers use if more advantageous.

Arrangement

Lo-call Arrangement

Is this number completely free to call for persons that use mobile phones?

If not please outline the nature of the charges a person may incur phoning these lo-call numbers?

The Department has a lo-call number – 1890 221 227.

No, the cost is borne by the caller.

Dependent on the caller's service provider.

Lo-call number in respect of Equality and Disability matters - 1890 555 509.

No, the cost is borne by the caller.

Dependent on the caller's service provider.

The Office of Internet Safety freephone number - 1800 242 595.

free phone number - the Department covers the cost of the call.

n/a

Lo-call number in operation in the Irish Naturalisation and Immigration Service (INIS) -1890 551 500.

No, the cost is borne by the caller.

Dependent on the caller's service provider.

Lo-call number in INIS in respect of Citizenship and Naturalisation - 1890 252 854.

No, the cost is borne by the caller.

Dependent on the caller's service provider.

A freephone service is in operation for persons to contact the Independent Commission for the Location of Victims’ Remains from Ireland and Britain - 00800 55585500.

free phone number - the Department covers the cost of the call.

n/a

 Please be advised that my Department has contacted the agencies under its aegis to request that they respond directly to the Deputy. 

Garda Expenditure

Questions (495)

Thomas P. Broughan

Question:

495. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the estimated full year cost of recruiting seven extra forensic accountants for the Garda National Economic Crime Bureau; and if he will make a statement on the matter. [36420/18]

View answer

Written answers

As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including by arranging for the recruitment and training of the members of An Garda Síochána. Further, the allocation of Garda resources is a matter for the Commissioner, in light of the availability of resources and his identified operational demands. As Minister I have no direct role in these matters.

I have been informed by the Garda authorities that the estimated full year cost to An Garda Síochána of employing seven additional forensic accountants in the Garda National Economic Crime Bureau would be approximately €468,300.

I am further advised by the Garda authorities that this estimated costing relies on the assumption of seven forensic accountants being placed on the first point of the relevant salary scale and inclusion of employers PRSI at a rate of 10.85%.

Departmental Properties

Questions (496)

Seán Fleming

Question:

496. Deputy Sean Fleming asked the Minister for Justice and Equality the annual rental cost of buildings rented by his Department or organisations under its aegis at a location (details supplied); and if he will make a statement on the matter. [36435/18]

View answer

Written answers

The majority of properties occupied by my Department are owned or leased on its behalf by the Office of Public Works (OPW). 

The table includes details of properties leased directly by my Department or its agencies in Portlaoise.

Organisation

Address

Annual Cost of Rent

Legal Aid Board

(Law Centre)

Unit 6A, Bridge Street, Portlaoise, Co. Laois.

€30,000

Legal Aid Board

(Family Mediation Service)

Grattan House, Grattan House Business Centre, Portlaoise, Co. Laois.

€33,210

 

Immigration Controls

Questions (497)

Catherine Murphy

Question:

497. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of immigration bureau officer visits to the 12 other public licensed aerodromes not including the three State airports and 13 private licensed aerodromes by aerodrome; the number of planned and unannounced visits from 1 January 2016 to 2017 and to date in 2018; and if he will make a statement on the matter. [36452/18]

View answer

Written answers

Members of An Garda Síochána who have been appointed as Immigration Officers in accordance with the provisions of the Immigration Act, 2004, fulfil immigration control duties at ports which have been approved for the landing of non-nationals. Airports which are not approved for entry into the State for the purposes of the Act are monitored by members of An Garda Síochána in the relevant Garda Districts concerned. The Garda National Immigration Bureau (GNIB) provides backup and expertise to local Garda District personnel in this respect.

I have requested An Garda Síochána to compile the necessary information from the individual districts. I wish to advise the Deputy that it has not been possible in the time available to provide the details requested, An Garda Síochána will communicate the information to the Deputy once it is available.

Garda Equipment

Questions (498)

John Curran

Question:

498. Deputy John Curran asked the Minister for Justice and Equality the number of Garda vehicles both marked and unmarked that are under three, three to five, five to eight, eight to ten and over ten years of age; and if he will make a statement on the matter. [36532/18]

View answer

Written answers

There has been very significant investment in Garda resources across the State in recent years. The Government's Capital Plan 2016 – 2021 provides €46 million for investment in the Garda fleet, to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet. This is in addition to the investment of almost €30 million in the period 2013 to 2015. Indeed from 2013 to 2017, almost €44 million has been invested in the fleet with some 2,000 vehicles coming on stream in that period to ensure that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.

As a result of this significant investment, in all some 60% of the fleet is now less than 4 years old, as compared to the situation in 2012 where in the region of 89% of the fleet was older than 4 years.

As the Deputy will appreciate, decisions in relation to the provision and allocation of Garda vehicles across the various Garda divisions are a matter for the Garda Commissioner in the light of his identified operational demands and the availability of resources. As Minister, I have no role in that matter.

I am informed by the Garda authorities that the following table sets out the age profile of the Garda fleet as at 31 August 2018, including a breakdown of marked and unmarked vehicles.  The age ranges as presented in the table are those utilised by An Garda Síochána in its records.  

 

<1 Year

1-2 Years

2-4 Years

4-6 Years

>6 Years

Total

Cars

 

 

 

 

 

1,914

Marked

15

93

362

255

39

764

Unmarked

102

174

381

199

294

1,150

Vans

 

 

 

 

 

494

Marked

49

43

54

104

26

276

Unmarked

41

30

93

10

44

218

Motorcycles

 

 

 

 

 

129

Marked

11

13

44

25

29

122

Unmarked

1

5

1

0

0

7

4 X 4

 

 

 

 

 

110

Marked

18

8

26

0

21

73

Unmarked

3

8

7

1

18

37

Others

 

 

 

 

 

117

Marked

8

2

11

2

9

32

Unmarked

11

29

29

2

14

85

Total

259

405

1,008

598

494

2,764

Public Order Offences

Questions (499)

John Curran

Question:

499. Deputy John Curran asked the Minister for Justice and Equality the number of persons that have been charged with public order offences in the first six months of 2018; the number charged for same in 2016 and 2017 by each divisional unit in tabular form; and if he will make a statement on the matter. [36533/18]

View answer

Written answers

The Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of recorded crime statistics, and the CSO has established a dedicated unit for this purpose. To be of assistance, I have asked the CSO to forward the available statistics in relation to this matter directly to the Deputy.

Legal Aid Service

Questions (500)

John Curran

Question:

500. Deputy John Curran asked the Minister for Justice and Equality when the operation of the free legal aid scheme was last reviewed; his plans to review its operation; and if he will make a statement on the matter. [36534/18]

View answer

Written answers

As the Deputy is aware the Criminal Legal Aid Scheme is a vital element of the criminal justice system.  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.  Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid.  An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves.  The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. I have no function in these matters which are determined by the judiciary.

Following a recommendation made by my Department's Internal Audit Committee in 2015, a Criminal Legal Aid Oversight Committee was set up.  The Committee is made up of representatives of my Department , the Courts Service, An Garda Síochána, the Irish Prison Service, the Chief State Solicitor's Office and the Legal Aid Board.  The purpose of this Committee is to oversee and advise on the management and control of the criminal legal aid schemes and to provide a platform for the improved coordination of the respective roles of the agencies represented on the Committee. 

My Department is preparing a draft General Scheme of a Criminal Justice (Legal Aid) Bill, the key purpose of which is to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to give effect to Government Programme commitments in respect of criminal legal aid, including introducing a more rigorous and objective means testing system for criminal legal aid, provision for contributions, and new sanctions.   It is my intention to seek approval of Government for the General Scheme of the Bill and submit it to the Oireachtas for pre-legislative scrutiny as early as is practicable.

Prison Accommodation Standards

Questions (501)

Clare Daly

Question:

501. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question Nos. 420 of 21 April 2015 and 151 of 31 May 2016, if the findings of the pilot scheme (details supplied) will be published; when cell share risk assessments will be implemented in all prisons; and if he will make a statement on the matter. [36541/18]

View answer

Written answers

I am advised by my officials in the Irish Prison Service that a committal risk assessment process has been built into the Prisoner Information Management System (PIMS). The learning derived from the pilot cell share scheme in the Midlands Prison was incorporated into the development of the new risk assessment process. This process alongside existing information contained on Prisoner Information Management allows a prison Governor to make an informed recommendation with regard to cell sharing, where a risk or need has been identified. This Prisoner Information Management development was deployed on 21 June 2018 and is now operational in all prisons.

The pillars identified for prisoner risk/needs analysis at Governor committal stage are 1. prison accommodation, 2. work/training suitability and 3. security (including escorts).  Where a prisoner specific risk or need is identified in any of these three areas, recommendations for intervention are recorded and all reasonable steps are taken by the relevant provider of this service to ensure that appropriate interventions are provided leading to a safer environment for all stakeholders including prisoners, staff, visitors, and the wider community.

Garda Data

Questions (502)

Niamh Smyth

Question:

502. Deputy Niamh Smyth asked the Minister for Justice and Equality the number of new Garda recruits assigned to each Garda division since recruitment resumed in Templemore in 2014, in tabular form; and if he will make a statement on the matter. [36556/18]

View answer

Written answers

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.

The information requested by the Deputy as provided by the Garda Commissioner, is available on my Department’s website through the link below.

Allocation of Probationer Gardaí by Division and Station 2014 to 30 June 2018

For more general information on Garda Facts and Figures please see http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.

Garda Data

Questions (503, 504, 505)

Niamh Smyth

Question:

503. Deputy Niamh Smyth asked the Minister for Justice and Equality the number of gardaí located in counties Cavan, Monaghan and Meath; and if he will make a statement on the matter. [36558/18]

View answer

Niamh Smyth

Question:

504. Deputy Niamh Smyth asked the Minister for Justice and Equality the number of inspectors in the Cavan-Monaghan Garda division in each of the years 2011 to 2017 and to date in 2018, in tabular form; and if he will make a statement on the matter. [36559/18]

View answer

Niamh Smyth

Question:

505. Deputy Niamh Smyth asked the Minister for Justice and Equality the number of gardaí in the Cavan-Monaghan Garda division in each of the years 2011 to 2017 and to date in 2018, in tabular form; the locations in which they are stationed; and if he will make a statement on the matter. [36560/18]

View answer

Written answers

I propose to take Questions Nos. 503 to 505, 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.

The information requested by the Deputy as provided by the Garda Commissioner, is available on my Department’s website at http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.

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