Written Answers Nos. 300-317
300. Deputy John McGuinness asked the Minister for Justice and Equality the number of cases before the Criminal Injuries Compensation Tribunal involving the Irish Prison Service; the length of time that each has been waiting for a decision; and if he will make a statement on the matter. [49014/18]
View answer301. Deputy John McGuinness asked the Minister for Justice and Equality the number and name of those who serve on the Criminal Injuries Compensation Tribunal; the number of cases dealt with each year; the cost per year of the tribunal; and if he will make a statement on the matter. [49015/18]
View answerI propose to take Questions Nos. 300 and 301 together.
The Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted (General Scheme) and the Scheme of Compensation for Personal Injuries Criminally Inflicted on Prison Officers. Under the terms of the Scheme, the Tribunal is entirely independent in the matter of individual decisions on applications for compensation.
The Tribunal consists of a Chair and six ordinary members who are practicing barristers or solicitors, supported by a Secretariat staff. The current membership is:
|
Chair |
Helen Boyle, B.L. |
|
Ordinary Member |
Martin Lawlor |
|
Ordinary Member |
Grace Mulherin, B.L. |
|
Ordinary Member |
Cian Kelly, B.L |
|
Ordinary Member |
Mema Byrne, B.L. |
|
Ordinary Member |
Niamh Tuite |
|
Ordinary Member |
William Aylmer |
There are currently no vacancies to be filled on the Criminal Injuries Compensation Tribunal. I have ensured that a full Tribunal membership has been maintained in order to continue to address claims as promptly as possible. The term of office for all Ordinary members has been extended to June 2019 pending the completion of a recruitment process for new members.
The number of applications received and the amount of compensation paid under both schemes is provided in tabular form below, though I should state that the amount paid out in any given year is not reflective of the applications received in that year, for various reasons, including that compensation payments may relate to applications made in prior years.
|
Year |
Number of Applications Received (General Scheme) |
Compensation Paid (€) |
|
2014 |
257 |
3.955m |
|
2015 |
217 |
4.016m |
|
2016 |
210 |
3.765m |
|
2017 |
181 |
3.978m |
|
Year |
Number of Applications Received (Prison Officers) |
Compensation Paid(€) |
|
2014 |
76 |
0.977m |
|
2015 |
75 |
0.575m |
|
2016 |
89 |
0.750m |
|
2017 |
107 |
0.741m |
It is not possible to provide an average length of time to settle each claim 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.
Because of the manner in which cases are recorded, in particular cases which are open but not actively pursued by the applicant, it is not possible at this time to provide the Deputy with the number of cases awaiting decision and those which are deemed to be open. I have asked that a detailed assessment be made of the caseload with a view to clarifying this matter, and to inform a full review of processing capacity under the scheme.
Finally, administrative costs of the Tribunal for the years 2014-2017 are set out below. These figures include payments to Tribunal members, legal costs and the salaries of Secretariat staff:
|
Year |
Cost(€) |
|
2014 |
263,031 |
|
2015 |
213,035 |
|
2016 |
227,597 |
|
2017 |
349,469 |
302. Deputy Declan Breathnach asked the Minister for Justice and Equality if there are changes to bail laws being considered by his Department in view of the Garda Commissioner’s recent public statements on changes needed to bail laws; and if he will make a statement on the matter. [49057/18]
View answerThe Garda Commissioner recently ordered a review of policing issues arising from a case in which serious crimes were committed following breaches of bail conditions by the perpetrator in respect of prior incidents. The review will seek to establish any lessons to be learned and whether changes to Garda processes and procedures are needed, and will include an examination of the legislative framework. Following the conclusion of the review, any changes proposed to the law on bail will be considered.
The bail laws have been significantly strengthened by this Government. The Criminal Justice Act 2017, which came into force last year, expanded the factors a court may take into account when refusing bail. These factors include previous convictions for serious offences which indicate persistent serious offending and the likelihood of any danger to a person or the community that the release of the accused on bail could cause.
Further to this, the Act has increased the range of conditions that may be attached to a grant of bail such as the imposition of curfews and the prohibition of contact by the accused with the victim or the victim’s family. The Act also introduced a new power of arrest without warrant, where a Garda suspects that a person has breached or is about to breach a bail condition and the Garda considers it necessary to arrest the person immediately to prevent harm to, interference with or intimidation of the victim or a witness to the offence alleged.
303. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the annual number of crimes in which a knife was used and-or was an element of the crime 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. [49098/18]
View answerAs the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics.
However, it is my understanding that the information being sought by the Deputy in relation to this particular crime category is not available through the CSO at this time. To be of assistance, I have requested that the CSO forward the relevant statistics to the Deputy as soon as they become available.
While the most recent publication of the official recorded crime statistics remain 'Under Reservation' due to issues around PULSE data, it is important to note the CSO, in conjunction with An Garda Síochána, continues to make progress on returning the crime figures to the higher standard expected of our national crime statistics. I am determined that this body of work be completed as soon as possible and I welcome the continued diligence of the Policing Authority in monitoring this matter.
304. Deputy Thomas Pringle asked the Minister for Justice and Equality further to Parliamentary Question No. 305 of 20 November 2018, the extra bed capacity in the direct provision centre in County Sligo for overnight stays for residents from a centre (details supplied) in County Donegal travelling en route to Dublin for interviews arranged by the Reception and Integration Agency and the Internal Protection Office; and if he will make a statement on the matter. [49265/18]
View answerAs outlined in my reply to Parliamentary Question No. 305 of the 20th November 2018, my Department agreed with the contractor running the centre to arrange overnight accommodation/rest and comfort breaks for those travelling to Dublin at the accommodation centre that they currently run in Sligo for anyone attending interviews in the International Protection Office or indeed accessing any other state services in Dublin.
Since then, the premises in County Donegal, has been the subject of an arson attack, and I want to take this opportunity to reiterate my condemnation of that attack.
Until a full assessment of the damage has been carried out, the Department won’t be able to decide on the impact of any delay that may arise from this incident. A full investigation is underway to determine the cause of the events that took place there and the level of any damage caused.
Following that review, matters will be reassessed as necessary. We remain committed to working with the local community to ensure that the best possible support is provided to those seeking international protection. And indeed I was encouraged by the response of the community in Moville to the fire, which was very tangible evidence of the welcome shown by people in Donegal and all over Ireland to international protection applicants.
As regards the planning of overnight stays in Sligo, bed spaces will be sourced from within existing agreed capacity. The latest occupancy returns from Globe House Accommodation Centre in Sligo shows an agreed capacity of 218 and 212 residents. It should be noted that the occupancy levels vary and are reported to the Reception and Integration Agency (RIA) on a weekly basis. RIA will continue to monitor vacancies at Globe House with a view to facilitating residents from Moville who need to travel.
The Department will also source overnight accommodation in Dublin if required and the RIA will liaise with the International Protection Office to arrange for grouped interview appointment times so that residents of the Caisleán Mara can travel together.
I have requested the Department to examine the logistical and resource implications to establish if such business could be carried out from remote locations.
306. Deputy Brendan Smith asked the Minister for Justice and Equality if he will provide detailed consideration to the issues raised by an organisation (details supplied); and if he will make a statement on the matter. [49299/18]
View answerAs Minister for Justice and Equality, I have no role in the making of court orders in relation to maintenance. This is a function of the courts, which are, subject to the Constitution and the law, independent in the performance of their functions.
Under Irish law, issues arising from disagreements about the provision of maintenance for dependent children, or failure by persons with maintenance responsibilities for children to provide proper maintenance, are determined by the courts. Relevant legislation in this area includes section 11 of the Guardianship of Infants Act 1964, the Family Law (Maintenance of Spouses and Children) Act 1976, section 8 of the Family Law Act 1995, section 13 of the Family Law (Divorce) Act 1996 and section 45 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The Children and Family Relationships Act 2015 provides for a number of improvements in the law relating to maintenance of children.
It is open to parents who have separated/divorced to decide between themselves on maintenance arrangements for their children. If they cannot agree, they can try to work out a maintenance agreement through mediation. However, if parents still cannot agree on maintenance arrangements, an application must be made to the courts for a maintenance order. If a parent/spouse/civil partner fails to comply with a court order or falls behind with payments where there is a maintenance order in place, an attachment of earnings order can be sought from the court, if the person is in employment or on a private pension. This order results in the maintenance amount being deducted at source by the employer of the parent/spouse/civil partner. A person can apply for an Attachment of Earnings Order when first applying for a maintenance order through the court, if they are concerned that maintenance will not be paid, or they can apply later if the maintenance is not paid. An enforcement summons can be applied for if the parent/spouse/civil partner is self-employed.
Under section 9A of the Family Law (Maintenance of Spouses and Children) Act 1976, the District Court has the power to regard a failure by a parent/spouse/civil partner to comply with a court order as contempt of court and to deal with it accordingly, including by means of imprisonment. The maintenance creditor may apply to the District Court Clerk for a summons directing the maintenance debtor to appear before the District Court. The court will then hear evidence from the maintenance creditor and maintenance debtor including evidence about the financial circumstances of the maintenance debtor and, where relevant, the maintenance creditor.
The other issues raised in the correspondence are not within my remit as Minister for Justice and Equality. I have asked my officials to consult with officials reporting to my colleagues the Minister for Housing, Planning and Local Government and the Minister for Employment Affairs and Social Protection in that regard and will comprehensively respond directly to the Deputy in due course.
307. Deputy Pat Buckley asked the Minister for Justice and Equality the number of residents living in a facility (details supplied) including children and adults; the capacity of the centre; and the amount paid annually to have the centre operated since its opening. [49309/18]
View answerAll accommodation centres for those persons seeking protection, whether State-owned or privately owned, are operated by commercial companies. There are currently 38 accommodation centres being operated under the direct provision system.
The accommodation centre at Ashbourne House, Glounthaune, Cork is commercially owned and operated and is contracted to provide 95 bed spaces and is currently operating at full capacity. Currently there are 47 adults resident in the centre and 48 children.
Extensive and detailed information on the amount paid by my Department to each company contracted to provide direct provision accommodation every year up to and including 2014 can be found on the RIA website www.ria.gov.ie under the 'Contract Values' section of the website:
http://www.ria.gov.ie/en/RIA/ContractValues2000-2014Inclusive.pdf/Files/ContractValues2000-2014Inclusive.pdf .
The 2015 information will be available shortly.
This is in accordance with the Reception & Integration Agency's policy on disclosure of financial information which was agreed with the Office of the Information Commissioner. The Deputy will appreciate that it is not appropriate to provide values for current contracts entered into by my Department. Negotiations take place with a number of commercial entities on an ongoing basis with a clear focus on achieving the best value for money in respect of each contract. It is not in the interests of yielding best value for the taxpayer that details of current individual contracts are made available to other commercial bodies who are, or may be in the future, engaged in these negotiations.
308. Deputy Pat Buckley asked the Minister for Justice and Equality the number of residents living in a facility (details supplied), including children and adults; the capacity of the centre; the cost of providing for this centre annually; if the building is owned by the State; if it was sold; if so, the person or body it was sold to; and the amount. [49310/18]
View answerAll accommodation centres for those persons seeking protection, whether State-owned or privately owned, are operated by commercial companies. There are currently 38 accommodation centres being used to provide accommodation to persons seeking international protection in Ireland.
The accommodation centre in question opened in September of this year in response to a call for expressions of interest to meet an urgent need for accommodation for persons entering the state and seeking international protection.
The Centre is privately owned and operated and provides accommodation, under contract to my Department, to 54 persons (30 adults and 24 children) in the 13 apartments in the complex.
Extensive and detailed information on the amount paid by my Department to each company contracted to provide direct provision accommodation every year up to and including 2015 can be found on the RIA website www.ria.gov.ie under the 'Contract Values' section - the 2016 information will be available shortly.
This is in accordance with the Reception & Integration Agency's policy on disclosure of financial information which was agreed with the Office of the Information Commissioner. Negotiations take place with a number of commercial entities on an ongoing basis with a clear focus on achieving the best value for money in respect of each contract. It is not in the interests of yielding best value for the taxpayer that details of current individual contracts are made available to other commercial bodies who are, or may be in the future, engaged in these negotiations.
309. Deputy Clare Daly asked the Minister for Justice and Equality if the production of a valid driver licence is sufficient proof of citizenship and identity for Irish travellers entering Dublin Airport; and if he will make a statement on the matter. [49311/18]
View answerThe requirements for any citizen entering the State at Dublin Airport or any other port of entry to the State is that he or she be in possession of a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality to the satisfaction of an immigration officer.
This requirement does not apply to any person (other than a non-national) coming from or embarking for a place in the State, Great Britain or Northern Ireland (i.e. the Common Travel Area - CTA).
There is no requirement for Irish (or UK) citizens to produce passports when travelling within the CTA. However, it is the case that airline carriers in many instances require their passengers to have a passport in possession before allowing them to board the aircraft. As such, this is not an immigration requirement.
Unlike the operational practices at some UK airports, there is generally no segregation of arriving passengers at Irish ports of entry to the State. Consequently, Immigration Officers performing immigration control duties at airports in the State do not know where passengers have travelled from when such passengers present at immigration control desks. It is, therefore, necessary for Immigration Officers to establish where passengers have arrived from, and in order to do this, an Immigration Officer may ask passengers questions with a view to establishing their nationality and port of embarkation.
Once satisfied that a person is a citizen of the Common Travel Area (CTA) and that such person has travelled from the United Kingdom, the Immigration Officer will make no further requirement of that person.
In circumstances where a person, who is a citizen of the CTA, and who has travelled from within the CTA, is not in possession of a passport, an Immigration Officer is duty-bound to ask questions designed to establish that the person is entitled to benefit from the CTA immigration arrangements. The production of a valid driver’s licence is a document that would assist an immigration officer with these enquiries.
310. Deputy Eamon Scanlon asked the Minister for Justice and Equality the number of Garda mountain bikes allocated to each Garda station in the Sligo-Leitrim Garda division; and if he will make a statement on the matter. [49322/18]
View answerAs the Deputy will appreciate, decisions in relation to the provision and allocation of Garda resources, including mountain bikes, 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 understand however that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.
I am informed by the Garda authorities that there are 13 mountain bikes allocated to stations in the Sligo/Leitrim Division - 1 allocated to Ballymote, 1 allocated to Manorhamilton, 2 allocated to Carrick on Shannon and 9 allocated to Sligo.
311. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the status of the review of presumptive minimum sentences that was commissioned by his Department and was due to be published in July 2018; and if he will make a statement on the matter. [49341/18]
View answerThe Penal Policy Review Group (PPRG) was established in 2012 to conduct a wide ranging strategic review of penal policy, taking into account relevant work already carried out in this jurisdiction and elsewhere, the rights of those convicted of crimes, the perspective of those who are victims of crime and the interests of society in general. The report of the PPRG titled ‘Strategic Review of Penal Policy’, was published on 17 September 2014. In November 2014 the report of the Group was submitted to Government.
An Implementation and Oversight Group was established in early 2015, comprising officials from the Department of Justice and Equality, the Irish Prison Service, Probation Service and An Garda Síochána. Its primary function is to report to the Minister, on a six monthly basis, on the implementation status of the recommendations of the PPRG.
One of the recommendations of the Strategic Review of Penal Policy was a review of the principle behind mandatory sentencing. While it was anticipated that this recommendation would be achieved by mid-2018, the issue is still under consideration.
As the Deputy will be aware, the Government has introduced the Criminal Law (Sexual Offences) (Amendment) Bill 2018 which provides for presumptive minimum sentences for repeat sex offenders. This Bill is based on existing legislative precedent for presumptive minimum sentences and its introduction is not intended to impact on the review of the principle behind mandatory sentences, which is ongoing.
312. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for stamp 4 in the case of a person (details supplied); and if he will make a statement on the matter. [49381/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned have been granted leave to remain in the State for the period to 4 November 2021. This decision was conveyed in writing to the persons concerned by letter dated 21 November 2018.
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.
313. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the status of plans to expunge convictions of those convicted of same-sex sexual activity; and if he will make a statement on the matter. [49389/18]
View answerThe All-Party motion of apology for persons convicted of consensual same-sex sexual acts which was passed by the Houses of the Oireachtas to mark the 25th anniversary of the decriminalisation of homosexuality on 19th June 2018 was an important step in acknowledging the hurt and harm caused, both to those who were convicted of such acts and to the wider LGBTI community who were made to feel discriminated against and marginalised.
The Government also hopes to bring forward legislative proposals for a scheme to enable the criminal records to be expunged where the acts involved would now be lawful. Officials of my Department are working with the Garda Síochána to assess the nature and availability of the records of convictions for consensual same-sex acts which would now be lawful, in order to develop these proposals. As the Deputy will appreciate, it is important that any such scheme be legally robust, practical, and sensitive to the needs of those affected. I will update my colleagues in the Houses of the Oireachtas on progress as the scheme develops.
I’m sure the Deputy will share the view that it is timely to reiterate the sincere apology of the Government and the Houses to those convicted of same-sex sexual activity which is now legal and to reaffirm our commitment to ensuring that all citizens and residents of Ireland can live free from discrimination.
314. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will address a matter in the case of a person (details supplied); and if he will make a statement on the matter. [49390/18]
View answerShe challenged those who signed the amendment.
315. Deputy Clare Daly asked the Minister for Justice and Equality the reason numerous delegates who sought to attend a conference (details supplied) were denied visas for the purpose, with particular reference to the fact that these persons came from organisations lobbying for peace and disarmament. [49392/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that visa applications are processed for a variety of purposes including from persons wishing to come here for events or conferences such as those referred to by the Deputy.
All visa applications are considered on their individual merits having regard to the information and supporting documentation supplied by applicants, and their ability to provide sufficient evidence that they will adhere to the terms of a visa including returning home before the visa expires. If an application is refused, full details are provided to the applicant as to the reasons why, which can be wide ranging, and is often based on more than one reason. Applicants subject to a negative decision, have the opportunity to appeal within two months.
316. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number and percentage of Garda vehicles attached to the roads policing unit now fitted with automatic number plate recognition; and if he will make a statement on the matter. [49399/18]
View answerThere has been unprecedented investment in An Garda Síochána in recent years, in support of the Government’s commitment to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement and provide reassurance to citizens and deter crime. In total, €342 million is being invested in Garda ICT infrastructure between 2016 and 2021, to enable An Garda Síochána to deploy the latest cutting edge technologies and to deliver on reform.
As the Deputy will appreciate, decisions in relation to the provision, allocation and management of Garda equipment and resources, including Automatic Number Plate Recognition (ANPR) equipment, are matters for the Garda Commissioner. As Minister, I have no direct role in that regard.
I am informed that ANPR was introduced into An Garda Síochána in 2008 and is used on a daily basis to assist in the prevention and detection of crime on our roads network. The Garda authorities advise that the number of Garda vehicles fitted with ANPR equipment varies on a daily basis, due to operational requirements, including repair and maintenance of equipment and ‘end-of-life’ of vehicles and equipment, the up-dating of software and the decommissioning of damaged units.
I am informed by the Garda authorities that, as of 1 November 2018, there are 289 vehicles attached to Roads Policing Units nationwide. 76 of these currently have ANPR capacity, which amounts to just over 26% of the vehicles allocated to Roads Policing Units.
I am further informed that the capacity and capabilities of ANPR, including the expansion of the deployment of such systems within An Garda Síochána, are kept under regular review by senior Garda management.
More generally, I can confirm that the Garda Mobility Strategy, which aims to provide frontline members with greater connectivity to back-office systems harnessing the power of mobile technology, forms part of the Modernisation and Renewal Programme 2016-2021. I am informed by the Garda authorities that the pilot programme in operation in Limerick Garda Division has been continuously evaluated, with very positive feedback to date and that further expansion of the project is planned for 2019.
The Deputy may be interested to note that one key application developed for the Mobility pilot is a Traffic App, which allows users to search for vehicle information by entering a vehicle registration number into the mobile phone. The app gathers information recorded on PULSE in respect of the vehicle, including tax status, ownership information and vehicle warnings. Updates to the App already rolled out include a Driver-Licence check facility. Work has also commenced on developing the capacity to create a Fixed Charge Notice via an App.
I am informed that it is expected that mobile devices will enable Garda members to be more efficient and effective by having mobile access to relevant core policing applications, a wide-range of up-to-date information and the ability to input and update information in real time.
317. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if all sections of the Criminal Justice (Amendment) Act 2009 are in effect; if not, when the remaining sections of the Act will come into effect; and if he will make a statement on the matter. [49400/18]
View answerI can inform the Deputy that all of the provisions of the Criminal Justice (Amendment) Act 2009 came into operation on 23 July 2009, the date of enactment.
