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Tuesday, 28 Jul 2020

Written Answers Nos. 753-772

Wards of Court

Questions (753, 754)

Réada Cronin

Question:

753. Deputy Réada Cronin asked the Minister for Justice and Equality the number of wards of court, adults and children, respectively; the number of adults who were made wards in March, April, May and June 2020; and if she will make a statement on the matter. [17974/20]

View answer

Réada Cronin

Question:

754. Deputy Réada Cronin asked the Minister for Justice and Equality the number of adults who have been made wards of court since the signing of the Assisted Decision-Making (Capacity) Act 2015 to date; the number of wardship applications made by the HSE in relation to vulnerable persons in the past three years; and if she will make a statement on the matter. [17975/20]

View answer

Written answers

I propose to take Questions Nos. 753 and 754 together.

There have been 1,455 adult wards of court declared since the signing of the Assisted Decision Making (Capacity) Act 2015. The Wards of Court office does not collate data on the number of applications brought by the Health Service Executive and it is not possible to retrieve this data from its systems.

During the period March to June 2020 two minors and 80 adults were declared wards of court. A breakdown is provided in the following table.

Month

Adult

Minor

March

36

0

April

10

0

May

15

1

June

19

1

Wards of Court

Questions (755, 756, 757)

Réada Cronin

Question:

755. Deputy Réada Cronin asked the Minister for Justice and Equality the reason for the delay in funding the decision support service to replace the wards of court system, which is in conflict with the UN Convention on the Rights of Persons with Disabilities; if full funding will be guaranteed in budget 2021 to make it immediately operational in view of the urgency of the requirement for same; and if she will make a statement on the matter. [17976/20]

View answer

Réada Cronin

Question:

756. Deputy Réada Cronin asked the Minister for Justice and Equality the outstanding legislation in relation to putting the decision support service in place; the timeframe in which this will be addressed; and if she will make a statement on the matter. [17977/20]

View answer

Réada Cronin

Question:

757. Deputy Réada Cronin asked the Minister for Justice and Equality if her attention has been drawn to other factors which might delay work in relation to setting up the decision support service in view of the January 2020 minutes of the Mental Health Commission (details supplied); and if she will make a statement on the matter. [17978/20]

View answer

Written answers

I propose to take Questions Nos. 755 to 757, inclusive, together.

The Assisted Decision-Making (Capacity) Act 2015 (“the 2015 Act”) provides a modern statutory framework to support decision-making by adults with capacity difficulties. The 2015 Act was signed into law on 30 December 2015 but has not yet been fully commenced. The Act provides for the establishment of new administrative processes and support measures, including the setting up of the Decision Support Service (DSS) within the Mental Health Commission (a body under the Department of Health).

A number of provisions of the 2015 Act were commenced in October 2016 in order to progress the setting up of the Decision Support Service and enable the recruitment of the Director of the DSS. Ms Áine Flynn was appointed Director of the DSS on 2 October 2017. The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives, is a matter for the Minister for Health.

Part 6 of the Assisted Decision-Making (Capacity) Act 2015 provides for the phased transition from adult wardship to the new decision-making support arrangements that will be available under the 2015 Act. It provides for the review by the wardship court of the capacity of all current adult wards of court within three years of the commencement of Part 6 of the 2015 Act. In each case, the ward shall be discharged from wardship and the court shall order that the property of the former ward be returned to him or her. The safeguards and procedures of the 2015 Act will apply to a former ward who transitions to any of the new decision-making support arrangements available under the 2015 Act. The current wards of court system will continue to operate until Part 6 of the 2015 Act is commenced. It is not possible to commence Part 6 of the Act until the DSS is operational and ready to roll out the new decision-making support options that will be available under the 2015 Act.

A range of amendments to the Assisted Decision-Making (Capacity) Act 2015 have been identified as necessary for the proper operation of the 2015 Act, taking account of issues raised by the Mental Health Commission, the working groups developing draft codes of practice under the 2015 Act, and submissions received from other bodies. The amendments to the 2015 Act will be brought forward by way of a stand-alone Bill. Work is ongoing in the Department on the General Scheme, with a view to Government approval being sought as soon as possible for the priority drafting of the Bill. The Deputy will understand that it is not possible for me to predict the outcome of the legislative process with regard to this or any other Bill.

The implementation of the 2015 Act also requires that the DSS is fully operational and in a position to offer services including the new decision-making support options. A high-level Steering Group comprising senior officials from the Department of Justice and Equality, the Department of Health, the Mental Health Commission, the Courts Service and the HSE, together with the Director of the DSS, is overseeing the establishment and commissioning of the DSS and this work is ongoing. The Steering Group has given detailed consideration to the feasibility of commencing the remaining uncommenced provisions of the Act however, due to the complexity of the Act and the interconnectivity of its provisions, it is not possible to make any further commencement orders until the DSS is operational. The DSS, led by its Director, is working tirelessly to put in place the necessary infrastructure to support the full commencement of the Act. The infrastructure required includes, amongst many other elements, ICT capability for the DSS. These key preparations are being put in place under the oversight of the Steering Group and will allow for commencement orders for the main operative provisions of the 2015 Act to be made when the necessary preparations have been completed to enable the DSS to roll out the new decision-making support options.

The Department of Justice and Equality has sought and received funding, through the Estimates process, over the last three years to assist the DSS in delivering on its mandate. Further funding will be sought through the Estimates process in 2020 and 2021 but this will of course be subject to available Exchequer funding through that process. In the interim, and subject to the funding allocation, the Department of Justice and Equality, in conjunction with the DSS, the Mental Health Commission and other stakeholders have agreed to an implementation plan which anticipates commencement of DSS services in mid-2022. I am aware that there are also critical dependencies for the DSS on other organisations, including for example the Courts Service and the HSE, Departments of Health amongst others, which need to be delivered in order to achieve this timeline. The Steering Group has been meeting regularly to ensure a co-ordinated approach to the implementation of this project.

Wards of Court

Questions (758)

Réada Cronin

Question:

758. Deputy Réada Cronin asked the Minister for Justice and Equality if her attention has been drawn to the fact that persons in wardship are unable to exercise their right to make decisions in relation to their future healthcare and other important life issues; and if she will make a statement on the matter. [17979/20]

View answer

Written answers

Until the commencement of the various parts of the Assisted Decision-Making (Capacity) Act, 2015 the Wards of Court Office is required to comply with the Lunacy Regulation (Ireland) Act, 1871.

Where it is appropriate the Court will appoint a Guardian ad Litem during the wardship application to represent the views of the person and ensure that their voice is heard by the Court.

The vast majority of applications to have a person declared a Ward of Court are made by a family member and are accompanied by two reports/affidavits from medical practitioners or psychiatrists confirming the person lacks capacity. The Court, on reviewing the evidence presented, will direct an independent assessment by the Court's medical visitor, a psychiatrist. The Court's determination of the application is based upon the three reports confirming the person lacks capacity. The application is heard in open Court and the person is given an opportunity to object to application if they choose to.

The Wards of Court Office will take into account previously expressed wishes or a ward of court and where it is in the interests of the ward will take into account the views and opinions of the ward in conjunction with those of the committee.

As part of the Order bringing a person into wardship, the court always appoints a Committee of the person of the ward and a Committee of the Estate of the ward (usually the same person). While the Committee acts under the directions of the court, the Committee will provide the Office of Wards of Court the views of the ward as well as making sure that the ward's personal needs are met.

The Committee appointed is usually, but not always, the family member who makes the wardship application. In cases where there is no suitable relative who is prepared to act, or where there is disagreement among the ward's relatives which cannot be resolved, or where a conflict of interest arises, the court may appoint the “General Solicitor for Minors and Wards of Court” to act as Committee.  The General Solicitor is a public official in the service of the State.

The Assisted Decision-Making (Capacity) Act 2015 (“the 2015 Act”) provides a modern statutory framework to support decision-making by adults with capacity difficulties. The 2015 Act was signed into law on 30 December 2015 but has not yet been fully commenced. The Act provides for the establishment of new administrative processes and support measures, including the setting up of the Decision Support Service (DSS) within the Mental Health Commission (a body under the Department of Health).

A number of provisions of the 2015 Act were commenced in October 2016 in order to progress the setting up of the Decision Support Service and enable the recruitment of the Director of the DSS. Ms Áine Flynn was appointed Director of the DSS on 2 October 2017.  The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives, is a matter for the Minister for Health.  

Part 6 of the Assisted Decision-Making (Capacity) Act 2015 provides for the phased transition from adult wardship to the new decision-making support arrangements that will be available under the 2015 Act.  It provides for the review by the wardship court of the capacity of all current adult wards of court within three years of the commencement of Part 6 of the 2015 Act.  In each case, the ward shall be discharged from wardship and the court shall order that the property of the former ward be returned to him or her.  The safeguards and procedures of the 2015 Act will apply to a former ward who transitions to any of the new decision-making support arrangements available under the 2015 Act.  The current wards of court system will continue to operate until Part 6 of the 2015 Act is commenced.  It is not possible to commence Part 6 of the Act until the DSS is operational and ready to roll out the new decision-making support options that will be available under the 2015 Act.   

A range of amendments to the Assisted Decision-Making (Capacity) Act 2015 have been identified as necessary for the proper operation of the 2015 Act, taking account of issues raised by the Mental Health Commission, the working groups developing draft codes of practice under the 2015 Act, and submissions received from other bodies.  The amendments to the 2015 Act will be brought forward by way of a stand-alone Bill.  Work is ongoing in the Department on the General Scheme, with a view to Government approval being sought as soon as possible for the priority drafting of the Bill.

The implementation of the 2015 Act also requires that the DSS is fully operational and in a position to offer services including the new decision-making support options. A high-level Steering Group comprising senior officials from the Department of Justice and Equality, the Department of Health, the Mental Health Commission, the Courts Service and the HSE, together with the Director of the DSS, is overseeing the establishment and commissioning of the DSS and this work is ongoing.  The Steering Group has given detailed consideration to the feasibility of commencing the remaining  provisions of the Act however, due to the complexity of the Act and the interconnectivity of its provisions, it is not possible to make any further commencement orders until the DSS is operational. The DSS, led by its Director, is working tirelessly to put in place the necessary infrastructure to support the full commencement of the Act. The infrastructure required includes, amongst many other elements, ICT capability for the DSS. These key preparations are being put in place under the oversight of the Steering Group and will allow for commencement orders for the main operative provisions of the 2015 Act to be made when the necessary preparations have been completed to enable the DSS to roll out the new decision-making support options.  

The Department of Justice and Equality has sought and received funding, through the Estimates process, over the last three years to assist the DSS in delivering on its mandate. Further funding will be sought through the Estimates process in 2020 and 2021 but this will of course be subject to available Exchequer funding through that process. In the interim, and subject to the funding allocation, the Department of Justice and Equality, in conjunction with the DSS, the Mental Health Commission and other stakeholders have agreed to an implementation plan which anticipates commencement of DSS services in mid-2022. I am aware that there are also critical dependencies for the DSS on other organisations, including for example the Courts Service and the HSE, Departments of Health amongst others, which need to be delivered in order to achieve this timeline. The Steering Group has been meeting regularly to ensure a co-ordinated approach to the implementation of this project.

Proposed Legislation

Questions (759)

Réada Cronin

Question:

759. Deputy Réada Cronin asked the Minister for Justice and Equality the position regarding the Disability (Miscellaneous Provisions) Bill 2016, which lapsed with the dissolution of the Thirty-second Dáil (details supplied); and if she will make a statement on the matter. [17980/20]

View answer

Written answers

Published in December 2016, the Disability (Miscellaneous Provisions) Bill's stated purpose was to address remaining legislative barriers to Ireland's ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD).  The opportunity was also taken to progress other miscellaneous amendments to statute law. The Bill amends:

- the Juries Act to accommodate (i) deaf persons who need the services of a sign language interpreter and (ii) persons with mental illness being subject to a functional capacity test

- the Electoral Act to repeal the prohibition on a person of unsound mind from standing for election to the national and European parliament

- the National Disability Act to (i) change the status of NDA staff from public to civil servants, in line with all other bodies in the Justice Vote and (ii) to provide information and advice including statistics to the Irish Human Rights and Equality Commission (IHREC)

- the Equal Status Act to elaborate the principle of refusal of “reasonable accommodation” on grounds of cost

- the Disability Act to bring civilian staff of the Garda Síochána within the scope of Part V of that Act which contains measures applicable to the public service including employee quotas

- the IHREC Act to create a statutory basis for IHREC to (i) keep under review the law and practice relating to the protection of persons with disabilities, and (ii) to that end appoint an advisory committee, and (iii) apply to the Court of Appeal to appear as amicus curiae (friend of the court.

The Bill was at Committee Stage when it lapsed with the dissolution of the Dáil and Seanad in January 2020.   

The Programme for Government commits to progressing legislation that will address matters that the lapsed Disability Miscellaneous Provisions Bill sought to resolve. In this regard, a decision is required as to whether the lapsed Bill should be revisited, or if a new Bill should be drafted. This will be a decision for the new Minister for Children, Disability, Equality and Integration once the transfer of functions has taken place.

Citizenship Applications

Questions (760)

Thomas Pringle

Question:

760. Deputy Thomas Pringle asked the Minister for Justice and Equality if an applicant for Irish citizenship who is a Swedish national living here for more than 40 years needs an in-date Swedish passport for their application (details supplied); if the out-of-date passport will be accepted with their application; and if she will make a statement on the matter. [17983/20]

View answer

Written answers

All persons making an application for a certificate of naturalisation are required to provide satisfactory evidence of their identity and nationality. This is usually in the form of a current valid passport along with other original supporting documents, such as a previously held or out of date passport. As such the person concerned will be required to submit a current passport with any prospective application for naturalisation.

The onus rests with the person concerned to ensure that their travel documents are kept up-to-date. The conditions under which a national passport is issued or renewed is essentially a matter for the person concerned as a citizen of Sweden to address with their own national authorities. It does not fall to the Irish authorities to intercede in such matters.

If the person concerned is required to be present outside the State, they must contact their Consular authorities requesting an Emergency Travel Document (Laissez-Passer) to facilitate travelling to obtain their national passport.  The person concerned should contact their nearest Swedish Embassy.

Direct Provision System

Questions (761)

Darren O'Rourke

Question:

761. Deputy Darren O'Rourke asked the Minister for Justice and Equality the number of persons resident at a direct provision centre (details supplied), by age, gender and family unit, on 20 July 2020; the accommodation by unit size and occupancy; if there are cases of mixed family units in individual units; if this relates to adults and-or children; and if she will make a statement on the matter. [17986/20]

View answer

Written answers

There are currently 596 residents in the accommodation centre referred to by the Deputy.  The centre accommodates a mix of families, couples and male and female single people.  

These residents occupy 197 accommodation units. These units are a mixture of houses (54) and apartments (143) and all units have their own kitchen, living room and bathroom. 20 of the apartments are occupied by single people and the remaining 177 houses and apartments accommodate families.

While single people may share with other singles they never share accommodation with an unrelated family unit.

In some cases there are extended family members sharing a household, for example an aunt and her niece; a grandmother and her grandchild; an uncle and his nephew; a mother and her adult child or children; a couple and an adult sibling.  In all such cases, a separate bedroom is provided for different genders.

The following table gives an age and gender distribution for the 596 residents residing in the centre as of 19 July 2020, the latest date for which figures are readily available.

Units

Occupancy

0-17

18-29

30-49

50-69

70+

Male%

Female%

197

596

50%

12%

33%

4%

1%

44%

56%

 The following table shows the distribution of the type of residential unit based on the number of bedrooms (includes both apartments and houses) and also the percentage of residents residing in each unit type.

Residential Unit Type by No. of bedrooms

1

2

3

4

Each bedroom may have up to 2 beds in the following configuration: 1 bedroom units may have 2 beds;  2 bedroom units may have 3 or 4 beds; 3 bedroom units may have 4 or 5 beds; and 4 bedroom units may have 4, 5 or 6 beds.

The centre has been providing independent living facilities since January 2017.  An onsite shop allows residents to buy their own groceries and toiletries with allocated points provided for each resident. 

The centre has a free bus service for all residents, which also brings the children to school and to services around the area.  The children attend nine primary and four secondary schools in the area.

The centre also has an onsite Medical Centre and the HSE also provides Mental Health Services and Community Nursing onsite.

Road Traffic Offences

Questions (762)

Catherine Murphy

Question:

762. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of persons sanctioned by An Garda Síochána for driving on a road designated as a motorway while on a learner permit in the past five years to date; and if she will make a statement on the matter. [18110/20]

View answer

Written answers

The Deputy will be aware that in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána.

I have requested information from An Garda Síochána on the matter raised and will write directly to the Deputy when it is received.

The following deferred reply was received under Standing Order 51
I refer to your Parliamentary Question No 762 which was for answer on the 28 July 2020 where you asked the number of persons sanctioned by An Garda Síochána for driving on a road designated as motorway while on a learner permit in the past five years to date.
As you may recall, the information you requested could not be obtained in the time available and I undertook to contact you again when the information was to hand.
The requested information has now been responded to by An Garda Síochána and accordingly, please note the following;
As you are aware all learner drivers must be accompanied by a qualified driver (a person who holds a full driving licence in the Category for a minimum of 2 years) at all times while driving on a learners permit.
When an individual is caught driving unaccompanied on a learners permit, the driver’s vehicle may be impounded and 2 penalty points are applied to their licence; a fixed charge of €80 is also incurred which must be paid within 28 days. If the individual fails to pay within 56 days, a fixed charge of €120 is then incurred. If convicted in Court, 4 penalty points apply together with a fixed charge of €120.
In cases where the vehicle belongs to another party, the vehicle owner may face a fine of up to €1000 and the vehicle may also be impounded.
I am advised by the Garda authorities that the number of summonses issued for driving on a road designated as motorway while on a learner permit in the past five years to date is 106. The table attached sets out the breakdown per annual from 2015 up to 30 June 2020 as provided to me by the Garda authorities.
I trust this information is of assistance.
Appendix:
Number of Summons issued from 2015 up to 30 June 2020 provided by An Garda Síochána
Driving on a road designated as motorway while on a learner permit

Year

Number of Summonses Issued

2015

28

2016

18

2017

16

2018

20

2019

17

Up to 30 June 2020

7

Total

106

Road Traffic Offences

Questions (763)

Catherine Murphy

Question:

763. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of persons sanctioned by An Garda Síochána for driving on a public road while their full driver licence was endorsed and-or they were subject to a driving ban in the past five years to date. [18111/20]

View answer

Written answers

I am informed by An Garda Síochána that section 38 of the Road Traffic Act 1961, as amended by section 12 of the Road Traffic Act 2006, creates the offence of 'Driving without a Driving Licence', namely, upon summary conviction, a fine not exceeding €1,000, and in any other case, a fine not exceeding €2,000.  

I am further informed that section 38 (5) of the Road Traffic Act 1961, as amended by Section 12 of the Road Traffic Act 2006, provides an increased penalty in respect of a person who is summarily convicted of the offence of Driving without a Driving Licence and was, at the time he or she committed the offence, disqualified for holding a driving licence, namely a fine not exceeding €5,000, or imprisonment for a term not exceeding 6 months or both.  

The Deputy will appreciate that road traffic legislation falls within the remit of my colleague, the Minister for Transport.  

In relation to the offence of Driving without a Driving Licence whilst disqualified for holding a driving licence, I am advised by the Garda authorities that advices were received from the Office of the Director of Public Prosecutions (DPP) that there is no separate offence of 'Driving while disqualified'. The DPP indicated that section 38 creates an offence of Driving without a Driving Licence and section 38(5) provides a more severe penalty for Driving without a Driving Licence during the period of disqualification; however, the offence remains one of simply driving without a licence.  

I am informed that additional powers were provided to An Garda Síochána, allowing the arrest of people who drive while disqualified under section 6(b) and (c) of the Road Traffic Act 2014, which came into effect from 22 June 2015.  

The following table provided by An Garda Síochána sets out the number of proceedings taken in relation to driving without a driving licence from 2016-2019 and from January-June 2020. It should be noted that the statistics are not compiled in such a way as to identify the specific number of arrests for driving while disqualified under section 6(b) and (c) of the Road Traffic Act 2014, as this would necessitate a manual trawl of all relevant incidents recorded on PULSE to collate same, which would require a disproportionate expenditure of Garda time and resources.

Year

2016

2017

2018

2019

Jan – June 2020

Driving without a Driving licence

21,782

23,238

22,492

20,446

7,923

* All figures provided are provisional, operational and subject to change.

Garda Stations

Questions (764)

Eoin Ó Broin

Question:

764. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the Garda station that covers Liscarne Dale, Clondalkin, Dublin 22. [18173/20]

View answer

Written answers

The Deputy will be aware that the Garda Commissioner is by law responsible for the management of An Garda Síochána, including personnel matters and deployment of resources.  As Minister, I have no role in these matters.  I am assured, 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.

The area referred to by the Deputy is located within the Lucan District and forms part of DMR West Division. I am advised by the Garda authorities that the area referred to is policed by Ronanstown Garda Station.

Separately, the Deputy may wish to be aware that at the end of June 2020 there were 101 Gardaí assigned to Ronanstown Garda station.

The resources provided to An Garda Síochána have reached unprecedented levels, with an allocation for 2020 of €1.88 billion. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff.  As at 30 June 2020, there are now approximately 14,700 Gardaí nationwide, supported by over 3,000 Garda staff and these numbers are continuing to grow. 

This total figure includes the Garda trainees from two separate intake classes who attested earlier than scheduled in March 2020, following an operational decision by the Garda Commissioner to augment An Garda Síochána's capacity to respond to the Covid-19 pandemic.

A detailed breakdown of the Garda workforce, including both Garda members and staff, is available on my Department's website.  Detail of Garda deployment for all Garda Divisions, as furnished to me by An Garda Síochána, is available at the following link: http://www.justice.ie/en/JELR/002_Garda_Numbers_by_Division_District_and_Station_2009_to_June_2020.xlsx/Files/002_Garda_Numbers_by_Division_District_and_Station_2009_to_June_2020.xlsx 

This information is updated every month with the latest data provided by An Garda Síochána and published on my Department's website, in the interests of transparency and for the convenience of Deputies and the wider public.

Additional information on the Garda workforce, as furnished to me by An Garda Síochána, is available at the following link: http://www.justice.ie/en/JELR/Pages/Garda_Workforce 

Information on Garda staff, as furnished to me by An Garda Síochána, is available at: http://www.justice.ie/en/JELR/Pages/Garda_Staff

Road Safety

Questions (765)

John Lahart

Question:

765. Deputy John Lahart asked the Minister for Justice and Equality if he will report on the work of the high-level committee established to examine the anti-social use of scramblers and quad bikes; the outcome of these talks; and the outcome of the work of the former Lord Mayor's commission on the subject. [18181/20]

View answer

Written answers

I can assure the Deputy that my Department, alongside An Garda Síochána and the Department of Transport, Tourism and Sport, is acutely aware of the severe difficulties and dangers the misuse of quadbikes, scramblers and similar vehicles can cause in the communities it impacts.

Targeted enforcement measures have been introduced in a number of areas where quad bikes and scramblers were causing difficulties.  For example, Gardaí in areas such as Finglas have had success in reducing the number of issues with scramblers through targeted enforcement, while youth community engagement groups in Limerick have had successes diverting young people away from using these vehicles in a dangerous manner in public places, and towards properly organised motocross events.

A cross-agency group was established to examine this issue. The group initially included the Department of Justice and Equality, the Department of Transport, Tourism and Sport, the Department of Housing, Planning and Local Government and the Department of Culture, Heritage and the Gaeltacht, as well as An Garda Síochána, the Road Safety Authority, the Revenue Commissioners and representatives of local authorities.  It was subsequently agreed to meet in subgroup format involving the primary stakeholders, namely Department of Justice and Equality, Department of Transport, Tourism and Sport, An Garda Síochána, and the Office of the Attorney General. 

The subgroup most recently met in December 2019.  At that meeting, the group agreed that the Department of Transport, Tourism and Sport, which has primary responsibility for road traffic legislation, would explore the feasibility of developing new legislative provisions in road traffic legislation, which would seek to deliver the benefits sought by An Garda Síochána without unintended consequences for existing law. It was also agreed that An Garda Síochána would explore further targeted enforcement measures, while the Department of Justice and Equality would consider and develop actions in order to increase awareness of the dangers of these vehicles jointly with affected communities, community groups and other stakeholders, and explore how best to engage with young persons who are drawn to this behaviour.  The Department is currently examining options in this area, with due regard to social distancing requirements.

On foot of advice from the Office of the Attorney General, it was previously agreed that, in the main, current legislative provisions appeared to be sufficient. Nonetheless, it was also agreed that the group would remain open to considering workable legislative solutions to any specific legislative gaps identified by An Garda Síochána. It was in this context that further discussion took place at the meeting in December.

The Department of Transport, Tourism and Sport has primary responsibility for road traffic legislation and for bringing forward any new legislative provisions which would seek to deliver the commitments on quad bikes and scramblers contained in the new Programme for Government - Our Shared Future.

The Lord Mayor's Commission on anti-social behaviour was an initiative of the then Lord Mayor of Dublin and it reported in 2012. It made a very valuable contribution to thinking on ways to address anti-social behaviour. Many of the themes which it raised are also featured in the draft Youth Justice Strategy published by my Department which has recently been the subject of a public consultation process. Issues such as the need for early intervention and family support, coupled with collaborative working by agencies and community partners, highlighted by the Lord Mayor's Commission, are central to the approach contained in the Youth Justice Strategy. I intend to bring the finalised Strategy to Government later this year for approval.

More broadly, the Deputy will be aware of the commitment in the Programme for Government to convene an expert forum on anti-social behaviour and this will provide a key focus for further development of policy in this area.

Direct Provision System

Questions (766)

Steven Matthews

Question:

766. Deputy Steven Matthews asked the Minister for Justice and Equality the position regarding inspections of direct provision centres in County Wicklow (details supplied); and if inspections have recommenced. [18215/20]

View answer

Written answers

All permanent accommodation centres under contract to my Department are subject to three unannounced inspections per annum: twice by officials of the Immigration Service of my Department and once by an independent company (QTS Limited).  Inspections cover a wide range of issues including fire safety and other health and safety issues.  

Any issue identified is communicated in writing to the contractor and the contractor is required to address any issue identified immediately.  Officials from the Immigration Service follow up to ensure that relevant issues have been addressed.  

As a result of health and safety restrictions with respect to the COVID-19 crisis, it has not been possible to carry out inspections at this time. As soon as the HSE advises that it is appropriate to commence inspections again, the relevant officials in the Immigration Service will resume the inspection process.  

While we are unable to carry out inspections at this time, we remain in contact with our centres and residents through regular Newsletters and the availability of a helpdesk from the International Protection Accommodation Service (IPAS). Any issues or concerns that are raised by residents or centre managers can be addressed without delay for the benefit of residents and staff. 

Virtual clinics have also been held with residents in some centres and a Freephone service independently run by the Jesuit Refugee Service with funding from the Department provides an additional confidential support for residents.

Alcohol Sales

Questions (767)

Róisín Shortall

Question:

767. Deputy Róisín Shortall asked the Minister for Justice and Equality when she will meet with representatives from organisations (details supplied) advocating for reform in legislation related to alcohol delivery services and verification. [18250/20]

View answer

Written answers

A request has been received both in my office and Minister of State Charlie McConalogue's office in relation to arranging a meeting with the group referred to.

The request is currently being considered and an official from my Department will contact the organisation directly in relation to their request shortly.

Departmental Correspondence

Questions (768)

John McGuinness

Question:

768. Deputy John McGuinness asked the Minister for Justice and Equality if she will address the complaints made by a person (details supplied); if a reply will issue to the most recent complaints set out in correspondence to her and An Taoiseach; the reason these matters are not being dealt with in a timely manner; the details of each complaint made by the person; the response of her Department to each; and if she will make a statement on the matter. [18276/20]

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Written answers

A number of complaints received by my Department from the named person are of a sensitive and confidential nature and they are the subject of ongoing independent investigations.  It would not be appropriate for me to expand on the nature of these concerns.

Recent correspondence received from the named person is under consideration and a response will issue as soon as possible.

Magdalen Laundries

Questions (769, 770, 771, 772)

Gary Gannon

Question:

769. Deputy Gary Gannon asked the Minister for Justice and Equality if there is a clear timeline for the memorialisation and education process to ensure the atrocities of the Magdalen laundries are remembered; if a timeline has not been put in place, the steps she is taking to develop same; if the Justice for Magdalenes research 2020 report at the Dublin Honours Magdalenes event will be utilised as a tool for the timeline, given that survivors provided clear testimony on the way in which they would like to be memorialised; and if she will make a statement on the matter. [18291/20]

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Gary Gannon

Question:

770. Deputy Gary Gannon asked the Minister for Justice and Equality if her Department will be working with Dublin City Council to ensure the former Magdalen laundry on the Sean McDermott Street site will remain in ownership of the State; and if she will make a statement on the matter. [18292/20]

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Gary Gannon

Question:

771. Deputy Gary Gannon asked the Minister for Justice and Equality if the former Magdalen laundry site located on Sean McDermott Street will be developed as a memorialisation site; and if she will make a statement on the matter. [18293/20]

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Gary Gannon

Question:

772. Deputy Gary Gannon asked the Minister for Justice and Equality her plans to release archived material regarding the records of laundries of religious institutions to the public, anonymising records where appropriate, in the interest of justice; and if she will make a statement on the matter. [18294/20]

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Written answers

I propose to take Questions Nos. 769 to 772, inclusive, together.

I can assure the Deputy that I am committed to implementing the only remaining recommendation of the Magdalen Commission Report (The Quirke Report) which is the establishment of a suitable memorial.

My Department provided substantial funding to the Justice for Magdalenes Research Group (JFMR), the organisers of the Magdalen Event, which was held in June, 2018. The purpose of the event was to bring the women together and to ask their view on a suitable memorial. Their report was only recently provided to my Department. It must be understood that there were different views among the women as to the type of memorial that ought to be established. At this time, two possible locations for a memorial have been identified at the sites of former Magdalen Laundries, Sean McDermott Street, Dublin and High Park, Dublin.

My officials have been in contact with Dublin City Council in relation to the development of a memorial at the Sean McDermott Street site and I am informed that the site is currently the subject of a planning application for redevelopment which will include a Magdalen memorial space.

Separately, the Respond Housing Agency have been granted development consent for a housing development at the site of the former Magdalen Laundry in High Park, Dublin. The Respond Housing Agency have committed to making a garden space available as a memorial and wrote to my Department last week indicating that they are ready to advance the development of a memorial. My Department is committed to providing certain funding for each of these memorials and will continue to work with other relevant agencies to progress matters.

Chapter 6 of the McAleese Report sets out the approach in relation to the archive. The McAleese Committee agreed that the archive be deposited and stored centrally with the Department of the Taoiseach, noting the approach taken in relation to archiving set out in the Commissions of Investigation Act 2004.

The Committee decided that the archive contains only copies of state records, in order to avoid disturbance to or destruction of original or archived files. The originals of all such records identified, many of which were already archived, and some of which are covered by the National Archives Act 1986, remain in their original files and locations. While the McAleese Report acknowledges that the archive may be a resource for future research, there are no immediate plans at this stage to provide access to the McAleese archive. However, this position is being kept under review.

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