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Dáil Éireann díospóireacht -
Tuesday, 11 Nov 2014

Vol. 857 No. 3

Written Questions Nos. 304-318

Prisoner Releases

Brian Walsh

Ceist:

304. Deputy Brian Walsh asked the Minister for Justice and Equality the number of prisoners granted temporary release who have failed to return to prison as required and remain on the run; the offences for which they were convicted; the length of sentences imposed; and the steps being taken to locate them. [43025/14]

I can inform the Deputy that in the five years and ten months from 1 January 2009 to 7 November 2014, 428 persons who were granted temporary release failed to return to the prison after a specified period.  Details are set out in the table below.

Processes are in place in the Irish Prison Service to inform An Garda Síochána when prisoners become unlawfully at large and the Gardaí have the power to detain, arrest, and return such persons to prison.

Prisoners who failed to return from period of temporary release 1 January 2009 to 7 November 2014

-

2009

2010

2011

2012

2013

2014

(to 7 November 2014)

Total

Homicide Offences

3

1

4

Attempts/Threat to Murder

3

2

5

1

5

7

23

Dangerous Negligent Acts

3

6

1

3

3

7

23

Robbery, Extortion and Hijacking Offences

2

2

2

4

10

Burglary and Related Offences

3

7

4

4

6

14

38

Theft and Related Offences

11

28

23

19

17

48

146

Fraud, Deception and Related Offences

2

9

2

4

2

3

22

Controlled Drug Offences

1

6

6

4

2

10

29

Weapons and Explosives Offences

3

1

5

3

2

2

16

Damage to Property and the Environment

2

3

1

2

10

18

Public Order and Social Code Offences

1

1

2

7

6

11

28

Road and Traffic Offences

2

1

5

4

7

18

37

Other Offences

3

6

6

7

12

34

Total

32

69

64

56

61

146

428

With regard to the length of sentences imposed, it is not possible to provide figures to the Deputy as this would require the examination of the individual records of each prisoner. Such an examination would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources.

In October 2012, the Director General of the Irish Prison Service established a project team to examine how the Irish Prison Service might reduce the number of prisoners who are unlawfully at large from custody. The team has worked closely with An Garda Síochána and the Department of Social Protection and this work has led to the return to custody of a number of prisoners. This project will continue.

Road Traffic Offences

Robert Dowds

Ceist:

305. Deputy Robert Dowds asked the Minister for Justice and Equality if she will provide in tabular form for the past three years, the number of penalty points issued and fines collected for vehicles that did not comply with a prohibited traffic road sign; her views on whether this restriction is being implemented by gardaí; and if she will make a statement on the matter. [43029/14]

I can inform the Deputy that the Road Safety Authority is the statutory body responsible for the compilation of statistical information concerning the number of penalty points imposed in relation to relevant road traffic offences. Insofar as the question of fines is concerned, I am informed by the Courts Service that the specific information sought is not available. As the Deputy is aware, An Garda Síochána is responsible for the overall enforcement of road traffic legislation and where breaches of that legislation are identified, appropriate steps are taken, in accordance with the applicable legislation. The Deputy will appreciate that I have no direct role in the enforcement of road traffic legislation. However, if the Deputy has specific instances or circumstances of concern I will forward these to the Garda authorities for their observations.

Garda Resources

Seán Kenny

Ceist:

306. Deputy Seán Kenny asked the Minister for Justice and Equality the number of dogs that were withdrawn from the Garda dog unit in 2013; the number of new dogs that were brought into the Garda dog unit in 2013; and if she will make a statement on the matter. [43039/14]

I am advised by the Garda authorities that one dog was withdrawn from the Garda Dog Unit in 2013. There are currently two dogs undergoing training, both of which will be operational in the near future, subject to successful completion of training.

Visa Applications

Michael Healy-Rae

Ceist:

307. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding a spousal visa in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [43059/14]

The visa application referred to by the Deputy was submitted to the Honorary Consulate of Ireland in Bangkok on 22 August, 2014 and received in the Dublin Visa Office on 19 September, 2014. I have been advised by the Irish Naturalisation and Immigration Service of my Department that Join Family visa applications, where the sponsor is an Irish Citizen, can be expected to be dealt with within 6 months of receipt of all required documentation as set out in the Family Reunification Policy Document published on 1 January, 2014. This business target reflects the detailed assessment that is required to be carried out in relation to applications for family reunification. In order to be fair to all applicants, as the Deputy will appreciate, applications are processed in order by date received in the Dublin Visa Office.

Queries in relation to the status of individual immigration cases may be made directly to the INIS 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 of seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases were the response from the INIS is in the Deputy's view, inadequate or too long awaited.

Garda Resources

John Deasy

Ceist:

308. Deputy John Deasy asked the Minister for Justice and Equality her plans to provide funding for the installation of CCTV in the Garda stations of Dungarvan and Ballybricken, Waterford city; the number of Garda district and divisional headquarters here that do not have CCTV cameras installed. [43071/14]

I have requested the information sought by the Deputy from the Garda authorities. I will be in contact with the Deputy when this information is to hand.

Question No. 309 answered with Question No. 289.

Compulsory Purchase Orders

John Deasy

Ceist:

310. Deputy John Deasy asked the Minister for Justice and Equality her plans to provide additional resources for property arbitration involving State compulsory purchase order applications in view of the fact that there are currently only two arbitrators appointed by the Supreme Court land values reference committee for the entire country; and if she will make a statement on the matter. [43085/14]

The Land Values Reference Committee was established by the Acquisition of Land (Assessment of Compensation) Act, 1919 and reconstituted by the Acquisition of Land (Reference Committee) Act, 1925. The Committee consists of the Chief Justice, the President of the High Court and the President of the Society of Chartered Surveyors of Ireland. Under the Property Values (Arbitration and Appeals) Act 1960, the Reference Committee may appoint one or more persons as Property Arbitrators.

In order to be of assistance to the Deputy, I have made enquiries and the Courts Service has informed me that there is currently one full-time property arbitrator. Following a competitive process conducted by the Courts Service on behalf of the Land Values Reference Committee, seven temporary part-time arbitrators have been appointed who are available to be nominated to act in cases in which the Property Arbitrator is unable to act. The Courts Service has indicated that the position of temporary part time arbitrator attracts no salary or pension, but that a fixed daily fee, together with civil service travel and subsistence rates (which are required to be vouched) is paid for any case in which a temporary part time arbitrator is nominated to act. The Courts Service understands that the above resources are sufficient to meet current levels of demand.

EU Conventions

Mary Lou McDonald

Ceist:

311. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if Ireland has ratified the Council of Europe convention on preventing and combating violence against women and domestic violence, concluded in April 2011 and which has recently come into force; when Ireland will ratify this important convention; her plans to ensure that Irish legislation is compliant with the standards established in the convention. [43086/14]

Ireland has not yet ratified the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence.

Prior to ratifying any international convention we must be certain that we can implement all the requirements of the convention. My officials have identified a number of areas relevant to my department's responsibilities where legislative and administrative changes will be required and work is proceeding in the department to address these matters. I have also written to a number of government departments and agencies to obtain their views on other possible legislative and administrative issues which might arise in their areas of responsibility.

Legislation is under development in my Department which will assist us in becoming fully compliant with the provisions of the convention. This includes consolidated and reformed domestic violence legislation to address all aspects of domestic violence; legislation to transpose the EU Victims of Crime Directive and the Criminal Law (Sexual Offences) (Amendment) Bill 2014.

Another measure which will address the requirements of the convention will be the development of a new strategy on Domestic, Sexual and Gender-based Violence for 2015 onwards. I expect to see good progress towards ratification in 2015.

Road Traffic Accidents Data

Thomas P. Broughan

Ceist:

312. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of fatal collisions to date in 2014; the number of these fatal collisions which involved only one vehicle; the number of such collisions involving more than one vehicle; and the number of drivers involved in collisions in which there was a fatality who were tested for alcohol; and of these drivers the number of drivers who had a blood alcohol level above the legal limits. [43142/14]

I can inform the Deputy that there have been 153 fatal road collisions to date in 2014, resulting tragically in the loss of 166 lives. I have requested a report from the Garda authorities in relation to the further details requested by the Deputy. I will contact the Deputy directly as soon as the report is to hand.

Question No. 313 answered with Question No. 289.

Constitutional Convention Recommendations

Mary Lou McDonald

Ceist:

314. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the reason she is of the view that the question of the gender equality amendments to the 1937 Constitution proposed by the Constitutional Convention are so complex as to require a task force, even though Article 41.2 has been the subject of criticism from the Constitution's inception, and there is no shortage of previously available expert opinion in the public domain in this regard; and the reason it has taken this task force over a year to finalise its recommendations. [43193/14]

As is indicated in the Question, there have been a number of recommendations over the years in regard to Article 41.2 of the Constitution. These recommendations are all different from one another and it is necessary to examine them and other options, in consultation with relevant Government Departments and the Attorney General's Office, to find the most appropriate wording to present to the People in a referendum. The report of the Task Force is nearing finalisation and I would hope to receive it shortly. Following consideration of the matter, I will bring proposals to Government.

Direct Provision System

Mary Lou McDonald

Ceist:

315. Deputy Mary Lou McDonald asked the Minister for Justice and Equality her views on the policy of direct provision and dispersal of asylum applicants; her further views on whether she may stand over the way this policy has been applied in practice, from its introduction to date; and if she will make a statement on the matter. [43194/14]

The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of protection applicants in accordance with the Government policy of direct provision and dispersal. Direct provision provides for full board accommodation supports while a final decision is awaited by a person on their protection or any related leave to remain application. Currently, approximately, 4,300 persons are residing in 34 asylum accommodation centres under contract to RIA.

I and previous Ministers have explained before in detail to this House how direct provision came about in response to a major accommodation crisis that existed at the time of its establishment. At its high point in 2005, the number of persons residing in direct provision was 8080.

The existence of the direct provision system over the last 14 years has ensured that the State has been able to ensure that those who claim international protection in this country - and do not have the means to support themselves - have been provided with accommodation and a range of ancillary services including health care and education. During this period, no asylum seeker has ever been left homeless, and over 52,000 people have been provided with accommodation under the direct provision system since its establishment in 2000.

Nonetheless, the Government is committed to making real improvements to the protection process, including direct provision. We made a number of commitments to this end in the Statement of Government Priorities 2014 – 2016. This included a commitment to establish an independent Working Group to report to Government on improvements to the protection process, including Direct Provision and supports for asylum seekers. The terms of reference and membership of the Working Group, under the chairmanship of former High Court Judge Bryan MacMahon, is published on RIA's website - www.ria.gov.ie.

The first plenary meeting of the Group took place yesterday with both myself and Minister of State Ó Ríordáin in attendance and a work programme was agreed. I recognise that the issues to be examined by the Working Group are complex and require thorough consideration to ensure that any recommendations are practical and sustainable from a budgetary perspective and do not interfere with existing border controls and immigration policies. The agreed terms of reference do not indicate any timeframe for the Working Group's deliberations but I would welcome a report by Easter.

Alcohol Sales Legislation

Róisín Shortall

Ceist:

316. Deputy Róisín Shortall asked the Minister for Justice and Equality in view of the widespread problem of access to alcohol by easy delivery methods and payments, if she will legislate to introduce much stricter controls in this regard. [43197/14]

The position is that conditions applicable to the sale and supply of intoxicating liquor are set out in the Licensing Acts 1833 to 2011. Under section 17(3) of the Intoxicating Liquor Act 2003, it is an offence for a licensee, with intent to evade the conditions of the license, to take intoxicating liquor from the licensed premises for the purpose of its being sold on the account or for the benefit or profit of the licensee, or to permit any other person to do so.

The Government Alcohol Advisory Group considered specific issues relating to distance sales of intoxicating liquor in its 2008 Report. The Group drew attention to the requirement that payment must be made as part of the transaction in such cases, e.g. on-line shopping, and not later on delivery of the product. The Group noted that sales of intoxicating liquor which had been ordered by telephone or otherwise and which were paid for on delivery were illegal transactions and recommended that the Gardaí should target such delivery services with a view to prosecuting the offending licensees.

The Government Legislation Programme provides for future publication of the Sale of Alcohol Bill which will update the Licensing Acts and replace them with provisions more suited to modern conditions. This Bill will provide an opportunity to further consider the difficulties arising in relation to the control of distance sales of intoxicating Liquor and the enforcement of such controls.

Naturalisation Applications

James Bannon

Ceist:

317. Deputy James Bannon asked the Minister for Justice and Equality if she will provide an update on a naturalisation application in respect of a person (details supplied) in County Longford. [43203/14]

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. Certain information was requested from the applicant and a response has been received. Processing of the application is ongoing and the case will be submitted to me for decision as expeditiously as possible.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically 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 INIS is, in the Deputy’s view, inadequate or too long awaited.

Anti-Social Behaviour

Finian McGrath

Ceist:

318. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding anti-social and intimidating activities in respect of persons (details supplied) in Dublin 9; and if she will make a statement on the matter. [43249/14]

I can inform the Deputy that it is the policy of An Garda Síochána to deploy personnel to establish a highly visible and accessible service to communities to tackle crime, the fear of crime and anti-social behaviour. If a person feels that a crime has been committed they should contact their local Garda station. All crimes that are reported to Gardaí are fully and thoroughly investigated and offenders brought to justice wherever possible.

I can advise the Deputy that I have brought the specific matter to which he refers to the attention of the Garda authorities and requested that appropriate assistance be provided to the persons concerned.

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