Written Answers Nos. 326-345
326. Deputy Catherine Murphy asked the Minister for Justice when sections of the Parole Act 2019 will be commenced; the reason there has been a delay in commencing sections; and if she will make a statement on the matter. [39312/20]
View answerI wish to assure the Deputy that I am fully committed to establishing the new Parole Board as soon as possible. This is an important Programme for Government commitment and is something I have identified as a priority action for my Department. Furthermore, the Government has supported this commitment with funding in our first Budget to make sure this priority is delivered in 2021.
The new statutory Parole Board will considerably improve the system as it currently operates.
The Parole Act 2019 puts the Parole Board on an independent statutory footing and sets out clear and transparent criteria for how the Board will reach its decisions, which will be independent of the Minister of the day. This includes what factors will be taken into account in making those decisions, who may make submissions - which includes the victim’s right to make a formal submission to the Board - as well as a number of other details.
The Act also increases the length of the sentence which must be served by life sentenced prisoners before they are eligible to be considered for parole.
As the Deputy may appreciate, the move from the current model to the model set out in the 2019 Act is complex and a significant amount of planning has been required to allow for its establishment. For example, substantial preparatory work is needed to analyse and document the new legal processes that will give effect to the provisions of the Act. The Deputy will appreciate this is essential to reduce the risk of successful legal challenge by those affected.
There are also a number of practical steps required before commencing the Act and establishing the Parole Board.
I have established a Project Board in my Department to drive forward and carry out this important work and ensure that all necessary arrangements are made as soon as possible.
Budget 2021 has provided a significantly increased funding allocation of €1.3m to allow the Project Board to take forward their work, and move us from planning to the implementation phase of the 2019 Act. To further support this work, additional staff have been assigned to implement this project on a priority basis, in addition to the seven existing Parole Board staff who will continue to support the existing Board.
A critical path for delivery of this significant priority project is currently being developed, with a view to ensuring full commencement of the Parole Act, which will be achieved in 2021.
327. Deputy Michael McNamara asked the Minister for Justice if the expressions of interest by three sitting members of the superior courts in a vacancy on the Supreme Court was conveyed to her Department by the Office of the Attorney General prior to the most recent appointment to the Supreme Court. [39322/20]
View answerJudicial appointments are made in accordance with Articles 13.9 and 35.1 of the Constitution, by the President acting on the advice of the Government. This is a Constitutional function that cannot be transferred or delegated. The Constitutional prerogative on advising the President on judicial appointments lies with the Government alone.
Eligible serving Judges who wish to express an interest in elevation to positions in the superior courts are not currently required to apply to Judicial Advisory Appointments Board (JAAB). Instead, there is a process whereby expressions of interest may be submitted to the Minister of the day via the office of the Attorney General. Such expressions of interest are received on an ongoing basis and retained for any current or future vacancy that might arise.
Whether or not existing judges put forward expressions of interest is a confidential matter for obvious reasons, and it is not the practice to release information that might identify any of those judges. However, I am conscious of recent speculation that three such expressions of interest were received. I have not contributed to this speculation at any time and while I cannot disclose any personal details, I wish to be clear that there were in fact five expressions of interest on file dating from 2017 up until June 2020. All of these were submitted to me and I actively considered all of them.
Having considered the response from the Judicial Appointments Advisory Board: expressions of interest from serving members of the judiciary and all other judges eligible for the position, I made a decision, completed the necessary consultations in line with the Cabinet Handbook and proposed a name to Cabinet. All the requirements of the process, as set out in law, were fully met.
328. Deputy Thomas Pringle asked the Minister for Justice the number of Garda Síochána Ombudsman Commission, GSOC, investigations relating to deaths in custody and deaths after a period of detention in each of the years 2016 to 2019 and to date 2020; and if she will make a statement on the matter. [39332/20]
View answer329. Deputy Thomas Pringle asked the Minister for Justice the policies in relation to the investigations of deaths after a period of detention or custody; the timeframe in which such investigations take place; the criteria that must be met to refer to GSOC; and if she will make a statement on the matter. [39333/20]
View answerI propose to take Questions Nos. 328 and 329 together.
The Deputy will be aware that the Garda Síochána Ombudsman Commission (GSOC) is an independent statutory body established under the Garda Síochána Act 2005. I, as Minister, have no role in the operational matters pertaining to the Ombudsman Commission's remit, such as the direction of investigative priorities.
Furthermore, the Deputy will also be aware that the management and administration of the Garda organisation is a function of the Garda Commissioner under Section 26 of the 2005 Act. Again, as Minister, I have no role in these independent functions.
I have been advised by GSOC, however, that if GSOC believes there is a suspected criminal offence in the circumstances surrounding the death of an individual in Garda custody, then the subsequent GSOC investigation is a criminal one with GSOC Designated Officers having all the powers, privileges and immunities as those that apply to a member of the Garda Síochána.
If the matter does not appear to involve a criminal offence, then the GSOC investigation of the death-in-custody is a non-criminal one, which may include the consideration of any disciplinary matters that may be present. GSOC will ultimately report to the relevant Coroner on the circumstances of the death-in-custody so that an inquest may be held. To this end, GSOC will adopt a very similar approach to that taken by Gardaí in their investigations into deaths in that context.
I am further advised that each such investigation is complex and prescribing a time frame of such investigations is not possible. I am advised, however, that GSOC commences such investigations expeditiously upon notification from the Commissioner of any incident under Section 102 of the 2005 Act. In the past , GSOC has also opened investigations in the public interest under Section 102(4) of the Act, in the absence of any complaint or referral from the Garda Commissioner.
The criteria for referral of such matters to GSOC are provided for under Section 102 of the Garda Síochána Act 2005. Section 102(1) provides that "The Garda Commissioner shall refer to the Ombudsman Commission any matter that appears to the Commissioner to indicate that the conduct of a member of the Garda Síochána may have resulted in the death of, or serious harm to, a person".
It is important to note that this statutory obligation covers any incident involving members of An Garda Síochána that may have resulted in the death or serious harm of a person, and is not limited solely to deaths in custody or after a period of detention.
In relation to the number of investigations carried out by GSOC relating to deaths in custody or after a period of detention, the question is understood here to mean 'deaths-in-custody in a Garda Station' or 'deaths after release from a period of custody in a Garda Station'.
GSOC have advised that the following number of such investigations have been undertaken in the years specified:
2016 - 2
2017 - 2
2018 - 2
2019 - 5
2020 (Year to date) - 1
330. Deputy Joe O'Brien asked the Minister for Justice the timeline for the drafting and issuing of a statutory instrument under the Irish Nationality and Citizenship Act 1956 to allow citizenship applicants to sign an affidavit of loyalty under temporary Covid-19 measures; and if she will make a statement on the matter. [39355/20]
View answerI recently announced that citizenship ceremonies will be temporarily replaced, while COVID-19 restrictions are in place, with a requirement for citizenship applicants to sign an affidavit declaring loyalty to the State.
I can confirm that work is at an advanced stage in my Department on the preparation of regulations under the Irish Nationality and Citizenship Act 1956 to make provision, as a temporary measure while COVID-19 restrictions are in place, for applicants for a certificate of naturalisation to make the declaration and undertaking required under section 15(1)(e) of the 1956 Act by way of a statutory declaration. It is intended that the regulations will be finalised early in 2021 and information on the new requirements will be posted on the Immigration Service Delivery (ISD) website at that time.
Finally, it is my intention that in-person citizenship ceremonies will recommence as soon as circumstances allow.
331. Deputy Martin Browne asked the Minister for Justice her views on whether parental alienation is a growing problem in Ireland; and her plans to address the matter. [39370/20]
View answerAs the Deputy may be aware, there is no specific legislative provision regarding parental alienation in Irish family law. Section 246 of the Children Act 2001 provides for an offence of frightening, bullying or threatening a child in a manner likely to cause unnecessary suffering or injury to the child's physical, mental or emotional health or wellbeing. There are also legislative provisions in place to deal with child welfare particularly regarding the relationship between a child and his/her parents or guardians, providing the framework for a legal response to a wide spectrum of child welfare issues. However, I am very much aware that parental alienation is a complex issue and that further analysis may be desirable.
The Oireachtas Joint Committee on Justice and Equality published a report last year on Reform of the Family Law System which includes parental alienation among a broad range of issues in the area of family law.
My department has recently established the Family Justice Oversight Group which will agree a high-level vision and key medium and longer-term objectives for the development of a national family justice system in parallel with the establishment of a dedicated Family Court structure as envisaged by the forthcoming Family Court Bill. As part of its work, the oversight group will consider the various recommendations, including the recommendation on parent alienation, contained in the Report of the Joint Committee.
The oversight group includes representation from the judiciary, the Courts Service, the Legal Aid Board and the Department of Children, Equality, Disability, Integration and Youth as well as officials from my Department.
The Programme for Government also contains a commitment to enact a Family Court Bill. In the preparation of the General Scheme of that Bill, account has been taken of the Report of the Joint Oireachtas Committee on Justice and Equality on the Reform of the Family Law System.
The Family Court Bill will be a key element of the development of a more efficient and user-friendly family court system that puts families at the centre of its activities, provides access to specialist supports and encourages the use of alternative dispute resolution in family law proceedings. The development of sensible, comprehensive and sensitive family law procedures, particularly for vulnerable families, will be central to the new system.
332. Deputy Jackie Cahill asked the Minister for Justice if she will make inquiries regarding CCTV grant aid applications to Kerry County Council (details supplied); and if she will make a statement on the matter. [39383/20]
View answerAs the Deputy will be aware, Community-based CCTV is governed by section 38(3)(c) of Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006. This legal framework requires that any proposed community CCTV scheme must:
1. be approved by the local Joint Policing Committee,
2. have the prior support of the relevant local authority, which must also act as data controller, and
3. have the authorisation of the Garda Commissioner.
This is the legal basis for all community CCTV schemes, regardless of how they are funded and these key legal requirements have not changed since 2006. The option to establish a Community CCTV scheme is available to groups that meet these legal requirements, anywhere in the country.
I can confirm that the three applications raised by the Deputy have all passed these criteria and the applications are being processed by my officials.
My Department is in contact with Kerry County Council regarding these applications, and are awaiting the submission of some further documentation which will allow all three applications to be finalised in the near future.
333. Deputy Neale Richmond asked the Minister for Justice the efforts that have been made to secure an extradition treaty with the United Arab Emirates; and if she will make a statement on the matter. [39419/20]
View answerAs the Deputy may be aware, Ireland is a party to the European Convention on Extradition 1957. Under this Convention, Ireland will extradite its own citizens to another party country that will extradite its citizens to Ireland.
Ireland has bilateral extradition treaties with the US and Australia.
Ireland does not currently have an extradition treaty with the United Arab Emirates and there are no plans at this point to negotiate such a treaty.
334. Deputy Brendan Griffin asked the Minister for Justice the status of the progress of an application for a presidential pardon in respect of a person (details supplied); the anticipated timeline for future developments regarding the case; and if she will make a statement on the matter. [39437/20]
View answerAs the Deputy is aware, the case in question has received detailed consideration by officials in my Department and a relevant academic has been engaged to provide expert opinion on the matter.
The academic examining the matter has informed my officials that they have now considered all the information / evidence submitted in support of the application. However, they need to access the National Archives to complete their assessment.
The Deputy will appreciate that the National Archives have been closed for a substantial proportion of the year in accordance with Government Guidelines, and, when the archives have been open, they have been operating at a significantly reduced capacity.
The academic hopes to access the archives in December and to complete her report / assessment early in the New Year.
I will consider the report once it has been submitted to my Department.
335. Deputy Catherine Murphy asked the Minister for Justice the timeline for replacing the Garda PULSE system; the progress to date on the installation and roll-out of a computer-aided dispatch system in respect of the additional €22 million that was provided for the An Garda Síochána ICT in budget 2021; the progress to date on sources and allocating additional mobile devices to Garda personnel; and the way in which she monitors the use of funding in order to ensure true value for money is achieved. [39502/20]
View answerI have requested information from the Garda Commissioner in relation to this matter and I will write to the Deputy directly when the information is to hand.
336. Deputy Holly Cairns asked the Minister for Justice the status of the progress of the family courts Bill, including its expected passage through the Houses of the Oireachtas. [39504/20]
View answerThe Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated Family Court within the existing court structure and to provide for court procedures that support a less adversarial resolution of disputes.
In September, the Government approved the drafting of a Family Court Bill to provide for the establishment of a District Family Court, a Circuit Family Court and a Family High Court as divisions within the existing court structures.
In the preparation of the General Scheme, account has been taken of the Report of the Joint Oireachtas Committee on Justice and Equality on the Reform of the Family Law System, published in October 2019.
The Family Court Bill will be a key element of the development of a more efficient and user-friendly family court system that puts families at the centre of its activities, provides access to specialist supports and encourages the use of alternative dispute resolution in family law proceedings. The development of sensible, comprehensive and sensitive family law procedures, particularly for vulnerable families, will be central to the new system.
The publication of the General Scheme is a first step in an ongoing process of improving how people are able to resolve family-based problems that require a legal solution. The overall aim is to change the culture so that the focus of the family justice system meets the complex needs of people who need help with family justice issues.
The General Scheme of the Family Court Bill has been referred to the Office of the Parliamentary Counsel for drafting and to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny. It is not possible at this stage to indicate when the Bill is likely to be published or to predict the timeframe for the legislative process with regard to the Bill after its publication.
337. Deputy Denise Mitchell asked the Minister for Justice the number of gardaí by rank attached to the regional support unit in Dublin metropolitan region, DMR, north in each of the years 2009 to 2019 and to date in 2020, in tabular form. [39512/20]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána, including personnel matters and deployment of resources. As Minister, I have no responsibility for 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.
For operational and security reasons, An Garda Síochána cannot release the figures for the Regional Support Unit.
An Garda Síochána has been allocated an unprecedented budget of €1.952 billion for 2021. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff. As a result, Garda numbers are now approximately 14,600 Garda members and over 3,000 Garda staff nationwide. Budget 2021 will allow for the recruitment of up to 620 new Gardaí and an extra 500 Garda staff.
338. Deputy Denise Mitchell asked the Minister for Justice the number of gardaí by rank attached to the operational support unit in DMR north in each of the years 2009 to 2019 and to date in 2020, in tabular form. [39515/20]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána, including personnel matters and deployment of resources. As Minister, I have no responsibility for 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 Operational Support Unit is a national service. National units support the work of all Garda Divisions across the country and are consequently not broken down by Division.
Operational Support Services consists of units that provide specialist support to Gardaí throughout the country. The units include the Mounted Support Unit, the Air Support Unit, the Dog Unit and the Water Unit.
An Garda Síochána has been allocated an unprecedented budget of €1.952 billion for 2021. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff. As a result, Garda numbers are now approximately 14,600 Garda members and over 3,000 Garda staff nationwide. Budget 2021 will allow for the recruitment of up to 620 new Gardaí and an extra 500 Garda staff.
339. Deputy Denise Mitchell asked the Minister for Justice the number of gardaí by rank attached to the traffic corps unit in DMR north in each of the years 2009 to 2019 and to date in 2020, in tabular form. [39516/20]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána, including personnel matters and deployment of resources. As Minister, I have no responsibility for 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.
An Garda Síochána has been allocated an unprecedented budget of €1.952 billion for 2021. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff. As a result, Garda numbers are now some 14,600 Garda members and over 3,000 Garda staff nationwide. Budget 2021 will allow for the recruitment of up to 620 new Gardaí and an extra 500 Garda staff.
I am informed by the Garda authorities that the tables below show the number of Gardaí attached to DMR North Traffic corps unit from 31/12/2009 to 31/10/2020:
|
Inspectors |
Sergeants |
Garda |
Total |
|
|
31/12/2009 |
1 |
3 |
23 |
27 |
|
31/12/2010 |
1 |
2 |
19 |
22 |
|
31/12/2011 |
1 |
2 |
18 |
21 |
|
31/12/2012 |
1 |
0 |
17 |
18 |
|
31/12/2013 |
1 |
1 |
16 |
18 |
|
31/12/2014 |
1 |
1 |
15 |
17 |
|
31/12/2015 |
0 |
2 |
15 |
17 |
|
31/12/2016 |
0 |
1 |
12 |
13 |
|
31/12/2017 |
0 |
0 |
14 |
14 |
|
31/12/2018 |
0 |
0 |
14 |
14 |
|
31/12/2019 |
0 |
3 |
15 |
18 |
|
31/10/2020 |
0 |
3 |
14 |
17 |
I am advised that a range of factors are taken into account by Garda management when considering the allocation of resources including commitments and undertakings outlined in the Annual Policing Plan and priorities as determined in delivering ‘A Policing Service for The Future’. Also taken into account are local and national crime trends and workloads; policing arrangements and operational strategies; minimum establishment statistics; local population and trends, geographical area and size; transfer applications, including welfare / personnel issues and concerns.
To ensure the continued high level of delivery of policing services within Garda Divisions, local and Senior Garda Management are also consulted during the allocation of personnel and are responsible for the specific deployment / assignment of duties being undertaken at Divisional level. The situation remains closely monitored by the Garda Senior Leadership Team, particularly in view of commitments to the continued roll-out of the Operating Model of policing at Divisional level to ensure optimum use of all Garda Resources in providing the best possible Garda service to the community.
The Deputy may wish to know that detailed information in relation to Garda numbers is available on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána, at the following link:
http://www.justice.ie/en/JELR/002_Garda_Numbers_by_Division_District_and_Station_2009_to_August_2020.xlsx/Files/002_Garda_Numbers_by_Division_District_and_Station_2009_to_August_2020.xlsx
Figures for Roads Policing Unit by Division from 2009 to present is outlined in the below link:
http://www.justice.ie/en/JELR/Pages/Roads_Policing_Unit
340. Deputy Denise Mitchell asked the Minister for Justice the number of gardaí by rank attached to the public order unit in DMR north in each of the years 2009 to 2019 and to date in 2020, in tabular form. [39517/20]
View answerI have requested information from the Garda Commissioner in relation to this matter and I will write to the Deputy directly when the information is to hand.
|
YEAR |
INSPECTOR |
SERGEANT |
GARDAÍ |
|
2009 |
10 |
71 |
447 |
|
2011 |
16 |
105 |
456 |
|
2013 |
17 |
63 |
349 |
|
2015 |
12 |
74 |
455 |
|
2017 |
10 |
70 |
410 |
|
2018 |
4 |
37 |
179 |
|
2019 |
10 |
80 |
433 |
|
2020 |
9 |
55 |
297 |
341. Deputy Denise Mitchell asked the Minister for Justice the number of gardaí by rank attached to the community relations unit in DMR North in each of the years 2009 to 2019 and to date in 2020, in tabular form. [39518/20]
View answerAs the Deputy will appreciate, in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. Further, the allocation of Garda resources is made in light of identified operational demands. This includes deployment of personnel among the various Garda Divisions. As Minister, I have no direct role in the matter.
I am assured, however, that Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use. I understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her, having regard to the profile of each area within the Division and its specific needs.
With regard to the number of Gardaí attached to the community relations Unit within the DMR North for the years 2009 to 2014, I am advised by the Commissioner that the Community Relations Unit is a national service. National units support the work of all Garda Divisions across the country and are consequently not broken down by Division.
However, figures for Community Policing by Division for the years 2008 up to October 2020 can be found on my Department's website at the following link:
http://www.justice.ie/en/JELR/Pages/Community_Policing.
It should also be noted that, to date, the official categorisation as a Community Garda has simply referred to those who are exclusively assigned to building relationships with local communities and civil society including giving talks to schools, community groups and others. However, it is important to note that community policing is at the heart of An Garda Síochána and that all Gardaí have a role to play in community policing in carrying out their duties. Indeed, this has never been more evident than in the work carried out by all members of the Gardaí over the last eight months as we have tackled the COVID-19 pandemic.
For the Deputy's information the table below, as provided to me by the Garda authorities, sets out the number of Community Gardaí by rank, assigned to Community Policing duties, in the DMR North for the years 2015 up to and including 31 October 2020.
|
DMR North |
Garda |
Sergeant |
Total |
|
31-Oct-20 |
14 |
3 |
17 |
|
2019 |
34 |
5 |
39 |
|
2018 |
46 |
5 |
51 |
|
2017 |
43 |
4 |
47 |
|
2016 |
48 |
5 |
53 |
|
2015 |
53 |
5 |
58 |
I am further informed by the Garda authorities that some members attached to Community Policing Units in DMR North were temporarily re-assigned to the regular units at the commencement of the COVID-19 roster. However, members from the Community Policing Units remain in contact with their contacts throughout the community and have been providing valuable assistance to vulnerable persons throughout the crisis.
342. Deputy Denis Naughten asked the Minister for Justice the specific provisions to be made in the forthcoming sex offenders (amendment) Bill to provide protection for victims post the release of the offender from prison; and if she will make a statement on the matter. [39522/20]
View answerThe Deputy will be aware that there are already provisions in existing law to support the management of sex offenders after they have been released from prison.
The Sex Offenders Act 2001 provides that a Court can impose conditions on a convicted sex offender as part of their post-release supervision. Further, where An Garda Síochána believe that a convicted offender poses a serious risk to the public, an application can be made to the courts for a Sex Offender Order under section 16 of the 2001 Act. Such an Order can prohibit the offender from doing anything the Court considers necessary, in order to ensure that the public is protected from serious harm.
In terms of the Sex Offenders (Amendment) Bill, which was developed by my Department following a comprehensive review of current law and administrative practice, the General Scheme was approved by Government in June 2018 and is available on my Department’s website. The Bill is currently with the Office of the Parliamentary Counsel for drafting. My officials and that Office are working proactively together with a view to publishing the Bill as soon as possible.
The purpose of the Bill is to enhance current systems for assessment and management of convicted sex offenders and to put those systems on a statutory footing.
While the drafting process is not yet complete, I expect the main provisions to include:
- Stricter notification requirements including requiring offenders to notify Gardaí of their address upon release from custody, or any subsequent change of address, within 3 days as opposed to the existing 7 days.
- Provision to allow for fingerprinting and photographing the offender, where necessary to confirm their identity.
- Enhanced supervision of high-risk offenders, including, in limited circumstances, the electronic monitoring of offenders subject to post-release supervision orders.
- The placing on a legislative footing of assessment teams to assess and manage the risk posed by sex offenders.
- Provisions whereby a court can prohibit a sex offender from working with children.
- Provision for a statutory basis for the necessary disclosure of information relating to a high-risk offender. This information may include the name, address and threat posed by the offender.
There is a need for caution in relation to disclosure measures. Wide or indiscriminate disclosure of information such as the name and location of sex offenders may lead to offenders withdrawing from engagement with post-release services and fleeing to unknown locations because of fears for their safety. This is in no-one’s interest – it is important that offenders in these very serious crimes are properly supervised after release and encouraged to engage with rehabilitative services in order to prevent reoffending behaviour. However, in limited circumstances this disclosure is necessary to protect the safety of the public or a member of the public. The Bill provides that the disclosure will be limited to the minimum number of people necessary to avert a serious risk.
343. Deputy Michael McNamara asked the Minister for Justice if the Judicial Appointments Advisory Board that recommended the appointment of a person (details supplied) to the Supreme Court, included the Chief Justice, who was the chairperson of the board, the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court, the President of the District Court, the Attorney General, a practising barrister nominated by the chairman of the council of the Bar of Ireland, a practising solicitor nominated by the president of the Law Society of Ireland and persons appointed by the Minister to be members of the board whose terms had not expired; if not, if a list will be provided of the persons who did not participate in the board that made the recommendation; and the reason received from each for their non-participation. [39537/20]
View answerI wish to advise the Deputy that the Judicial Appointments Advisory Board (JAAB) is an independent body set up to identify persons and inform the Government of the suitability of those persons for appointment to judicial office. Its functions are set out in section 16 of the Courts and Court Officers Act 1995, as amended.
Section 18 of the 1995 Act makes specific provision that the Board may recommend the Attorney General for appointment to judicial office. Where the Attorney General wishes to be considered for appointment to judicial office, he or she shall withdraw from any deliberations of the Board concerning his or her suitability for judicial office. This is the law.
As outlined to the House earlier today, I can confirm that the Chief Justice wrote to my predecessor on 4 February 2020 requesting that the Supreme Court vacancy arising from the retirement of Ms Justice Mary Finlay Geoghegan in June 2019 be filled. He cited emerging pressures including the establishment of the Cervical Check Tribunal.
The then Minister wrote to the Judicial Appointments Advisory Board (JAAB) on 17 February 2020. He asked the Board to furnish him with nominations for this vacancy, and the name of each person who had informed the Board of his or her wish to be considered for appointment.
The Minister also wrote separately to the Chief Justice stating that this request of the JAAB did not pre-suppose the filling of the post; it was to facilitate the procedure should a decision be taken to make an appointment at whatever point in the future that vacancy might be progressed.
By letter to my predecessor dated 11 March, 2020, the JAAB advised that they had met on 9 March and decided to recommend one candidate, Mr Séamus Woulfe, SC, whom it considered suitable for appointment to the Supreme Court. As requested by the Minister, and as required by the Courts and Court Officers Act, 1995, the JAAB indicated that there was one applicant considered for this post through the JAAB process, Seamus Woulfe, SC, and that there were no other applicants.
Under Section 20 of the 1995 Act, all proceedings of the Board and all communications to the Board are confidential, so that is all of the information made available to me by the independent Board.
344. Deputy David Cullinane asked the Minister for Health the colleges and universities from which graduates were considered for jobs in contact tracing; the reason an exhaustive list was provided; if this limited those short-listed for interview; the reason notable universities such as TU Dublin were excluded from the list; and if he will make a statement on the matter. [39255/20]
View answerI have asked the Health Service Executive to respond directly to the Deputy on this matter, as soon as possible.
345. Deputy Neasa Hourigan asked the Minister for Health if phenolic foam insulation materials of Euroclass B, s1, d0 will be used in the ventilated façade of the national children’s hospital. [39258/20]
View answerAs the NPHDB has statutory responsibility for planning, designing, building and equipping the new children's hospital, I have referred your question to the NPHDB for direct reply.
