Written Answers Nos. 493-511
493. Deputy Jack Wall asked the Minister for Justice and Equality the position regarding a Garda vetting application in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2528/13]
Amharc ar fhreagraI am informed by the Garda authorities that the Garda Central Vetting Unit has no record of a vetting application in respect of the person to whom the Deputy refers. In the circumstances, I can only suggest that the person seeks clarification from the organisation submitting the application.
494. Deputy Robert Dowds asked the Minister for Justice and Equality if he intends to use the influence afforded to it by the EU Presidency to seek to amend the proposals set out last year by the EU Justice Commissioner to the effect of lessening the sanctions that will be imposed on companies and persons for breaches of EU data protection directives. [2544/13]
Amharc ar fhreagra495. Deputy Robert Dowds asked the Minister for Justice and Equality if he is planning or has any plans to seek to amend the penalties for breaches of EU Data Protection Law as set out in proposals last year by the EU Justice Commissioner; and if he will make a statement on the matter. [2545/13]
Amharc ar fhreagra496. Deputy Robert Dowds asked the Minister for Justice and Equality if he fully supports the proposals set out in 2012 by the EU Justice Commissioner for new EU data protection laws and if he specifically supports the proposals which will place fines on companies which are in breach of data protection legislation; and his views on whether such fines as set out in the proposals are appropriate. [2546/13]
Amharc ar fhreagraI propose to take Questions Nos. 494 to 496, inclusive, together.
Ireland shares the European Commission’s view that stronger data protection safeguards are required in order fully to exploit the potential of the digital economy. We believe that higher standards will serve to increase consumer trust and confidence in the digital environment and help to promote innovation, increase economic growth and deliver jobs for Europe. Advancing the Commission's proposals for reform of the data protection regime is, therefore, one of the Irish Presidency’s priorities in the justice field.
I am pleased to say that aspects of the Commission's reform package, including the proposed imposition of sanctions for breaches of data protection standards, were discussed by the justice ministers of Member States during last week's Informal Justice and Home Affairs Council which I hosted here in Dublin. These discussions indicate that while there is broad support in principle for the imposition of financial penalties in the case of serious and repeated infringements of data protection rules, the supervisory authorities of Member States should have a margin of discretion and a wider range of powers available to them, including the issuing of warnings, reprimands and directives that corrective action be taken, to deal with less serious breaches. I expect that the future work of the relevant Working Group of experts in relation to the proposed sanctions regime will be guided by these discussions.
497. Deputy Jack Wall asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2547/13]
Amharc ar fhreagraAn application for a certificate of naturalisation from the person concerned was received in the Citizenship Section of my Department in March, 2008.
I considered the application in April, 2011 and decided to defer making a final decision in this case for 18 months. The person concerned was notified of this decision in a letter issued on 18 May, 2011.
Processing has recommenced on the application with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible.
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.
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 specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
498. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of new Garda cars that were allocated to County Mayo during 2012; the number planned for 2013 for County Mayo; and if he will make a statement on the matter. [2560/13]
Amharc ar fhreagraThe deployment of Garda transport is a matter for the Garda Commissioner and I am informed by the Garda authorities that in 2012 two new vehicles were allocated to the Mayo Garda Division.
As the Deputy will be aware, a substantial number of Garda vehicles was purchased towards the end of last year and they are currently being rolled out. In this context I have been informed by the Garda authorities that 30 of the vehicles are due to be allocated to the Garda Western Region, which includes the Mayo Division. A more detailed breakdown is not currently available and the Deputy will appreciate that the vehicles will be deployed in line with Garda operational requirements.
499. Deputy Tom Fleming asked the Minister for Justice and Equality when will a decision will issue on an application for naturalisation in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [2581/13]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in October 2011.
The application is at an advanced stage of processing and the applicant will be informed of my decision in due course.
As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State 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.
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 specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
500. Deputy Terence Flanagan asked the Minister for Justice and Equality the amount owed to the Exchequer in outstanding fines imposed by the Courts; and if he will make a statement on the matter. [2586/13]
Amharc ar fhreagraAs the Deputy will be aware, under the provisions of the Courts Service Act 1998 management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of statistics.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that significant improvements have been made in recent years to the fines collection process for court imposed fines. This includes timely and frequent issue of reminders, together with provision of an on-line facility for the payment of fines and general improvement in management of the fines collection process. The length of time within which a fine can be paid can vary considerably and is determined amongst other things by the discretion of the judge and value of the fine. Currently if the fine remains outstanding within 6 months of the due payment date, a warrant is issued to An Garda Síochána to pursue the outstanding fine. Once a warrant is issued, the Courts Service has no further function in pursuing unpaid fines.
The Courts Service has informed me that, under the current system, and taking account of the above, the value of fines outstanding is assessed on a rolling 12 month period. For the 12 months to the end of December 2012, the total value of fines imposed was €31.5m (95,500 fines). The total value of fines collectable after adjusting for appeals and cancellation of warrants by a court was €17.3m (60,000). In 2012 a total of €15.3m was received. While this gives a collection rate of 89% based on value, it should be noted that some of the payments received in 2012 would relate to fines imposed prior to 2012. At the end of 2011, the average collection rate was 69%. The Courts Service considers that this rate is a truer reflection of the actual collection rate as a number of other factors impacted on the compliance rate for 2012, including a decline in the value and volumes of court fines imposed in 2012 compared with 2011.
As the Deputy will be aware, the General Scheme of a Fines (Amendment) Bill has been published with a view to enactment this year if possible.
501. Deputy Jack Wall asked the Minister for Justice and Equality the position regarding a free legal aid application in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2619/13]
Amharc ar fhreagraI wish to inform the Deputy that I have no function or responsibility in relation to the matter raised. Under the terms of the Civil Legal Aid Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and decisions on individual cases are a matter for the Board. Under Section 7(3) of the Act, I am precluded from exercising any power or control in relation to any particular case with which the Legal Aid Board is or may be concerned.
The Deputy might further wish to note that the solicitor/client relationship is protected by privilege in accordance with the terms of Section 32 of the Civil Legal Aid Act 1995 and therefore the Board does not provide information to third parties regarding a person who may or may not be a client of the Board.
However, I am informed that the Legal Aid Board provides a priority service in cases where it considers that an immediate, or near immediate, service was needed. These include cases of domestic violence, child abduction, cases involving applications by the State to take children into care, and cases that have statutory time limits close to expiry.
Finally, while I can advise the Deputy that a person who is refused legal aid has the right to appeal this decision to an Appeal Committee which is made up of non-executive members of the Board, again I have no role in this process.
502. Deputy Ciara Conway asked the Minister for Justice and Equality if he will consider introducing a shared leave option for maternity leave entitlements; and if he will make a statement on the matter. [2658/13]
Amharc ar fhreagra503. Deputy Ciara Conway asked the Minister for Justice and Equality his plans to introduce a statutory minimum leave entitlement for fathers on the birth or adoption of their child; if this will be paid entitlement; and if he will make a statement on the matter. [2659/13]
Amharc ar fhreagraI propose to take Questions Nos. 502 and 503 together.
Currently parental leave is available to both fathers and mothers equally and the available leave will shortly increase to 18 weeks when the revised Parental Leave Directive is transposed into national law.
This revised Parental Leave Directive gives legal effect to the revised Framework Agreement on Parental Leave, concluded by the European social partners (BUSINESSEUROPE,UEAPME,CEEP and ETUC). As part of their discussions on the Framework Agreement I understand the issue of paternity leave was considered, however, agreement could not be reached by the social partners on this policy area.
While at this time there are no proposals to introduce paternity leave or shared maternity leave this matter will be kept under review.
504. Deputy Billy Timmins asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding the sex industry; when this legislation will be brought forward; and if he will make a statement on the matter. [2667/13]
Amharc ar fhreagra520. Deputy Nicky McFadden asked the Minister for Justice and Equality if homeless young persons and women who are vulnerable to sexual exploitation and abuse will be offered stronger protection through prostitution legislation; and if he will make a statement on the matter. [3003/13]
Amharc ar fhreagra526. Deputy Jack Wall asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding a change in prostitution laws; the action he will take to address the concerns expressed; the timescale of any such legislative proposals; and if he will make a statement on the matter. [3136/13]
Amharc ar fhreagraI propose to take Questions Nos. 504, 520 and 526 together.
The "Turn Off the Red Light" campaign calls on the Government to introduce legislation criminalising the purchase of sexual services, based on the legislative model in Sweden for combating prostitution.
In this jurisdiction, it is not an offence, in itself, to sell sex. In general, it is not an offence to purchase sex either. (The Criminal Law (Human Trafficking) Act 2008 made it an offence to knowingly solicit or importune a trafficked person, in any place, for the purpose of prostitution.) Consequently, neither party to the transaction is currently criminalised. Calls to criminalise the purchase of sex require very careful consideration. While there is already a consensus on the evils of child prostitution and human trafficking for sexual exploitation, I am aware there are differing and genuinely held views on the approach the criminal law should take to other aspects of prostitution.
Our legislative approach to prostitution is aimed at protecting society from the more intrusive aspects of such activity from a public order perspective, while also seeking to protect prostitutes from exploitation. For that reason, solicitation in a public place is an offence. The offence can be committed by the prostitute, the client or a third party - a pimp, for example. It is also an offence to organise prostitution, coerce or compel a person to be a prostitute, knowingly live on the earnings of a prostitute, or keep or manage a brothel. A person found guilty of compelling or coercing a person (which would include a homeless person) to be a prostitute is liable, on conviction on indictment, to a fine or imprisonment for up to 5 years, or both.
The Criminal Law (Human Trafficking) Act 2008 criminalises the trafficking of persons for sexual exploitation, including prostitution. A person found guilty of this offence is liable to life imprisonment.
Our legislation on prostitution is currently being reviewed. As part of that review, in June 2012, I published a discussion document on the future direction of legislation on prostitution. The purpose of the discussion document is to facilitate a public consultation process. It sets out four potential legislative models for discussion but does not favour any particular approach. On its publication, I referred the discussion document to the Joint Oireachtas Committee on Justice, Defence and Equality. The joint committee is conducting the consultation process and will report back to me when it has completed its work.
In addition, my Department hosted a conference in October to discuss the consultation paper. The report of the joint committee and the views expressed at the October conference will be fully considered in the framing of any necessary legislative proposals to be submitted to Government in due course.
For further background, I am appending the text of my statement of 22 June last when publishing the discussion document.
Shatter Announces Publication of Discussion Document on the Future Direction of Legislation on Prostitution
The Minister for Justice, Equality and Defence today published a discussion document on the future direction of legislation on prostitution. Publication of the discussion document follows the Minister’s announcement that he would be arranging a public consultation process as part of the current review of prostitution legislation. Announcing publication of the discussion document, Minister Shatter said:
"The criminal law in this area is being reviewed primarily because of the changed nature of prostitution in Ireland. Prostitution was once mainly a street-based phenomenon. That is no longer the case. The organisation of prostitution is now much more sophisticated, highly mobile and is easily facilitated by the use of mobile phones and the internet.
There is, of course, already a clear consensus on the great evils of child prostitution and trafficking for the purposes of sexual exploitation. However, I am aware that there are differing and genuinely held views on the approach the criminal law should take to other aspects of prostitution. While there is a significant amount of criminal legislation in this area already, there is always scope for change and improvement. It is important to review the law periodically to ensure it is up to date and comprehensively responds to altered circumstances."
The Minister added that: "Prostitution is an issue which affects individuals, communities and society as a whole. It is important that I facilitate the expression of all views on this subject and that those views are examined in due course. Public debate should therefore, be open to the widest possible audience and I want to ensure that everyone who wishes to make a contribution to this important debate is given the opportunity to do so. It is for that reason I have decided on a consultation process before charting the way forward.
My Department will hold a conference in the autumn to discuss the document. The widest possible participation will be encouraged in order that we have an open and transparent discussion on all aspects of this very important issue.
This discussion document will now be referred to the Joint Oireachtas Committee on Justice, Equality and Defence. Interested groups and members of the public, I expect, will be invited to make submissions to the Committee which will hold such hearings as it deems appropriate. I am asking Mr. David Stanton T.D., Chairman of the Joint Committee, that it publish its report and recommendations by the 30th November 2012 and that the report be furnished to me together with any submissions received. I expect it is likely that the Committee’s report will also be lodged in the Oireachtas Library and that a debate on it will subsequently take place in both the Dáil and the Seanad. The report received by me from the Joint Oireachtas Committee will be fully considered in the framing of any necessary new legislative proposals to be submitted to Government in due course.
I look forward to the results of the consultation process."
The discussion document will be made available on the Department’s website, www.justice.ie
This discussion document does not favour any particular approach but simply tries to assist reflection. The arguments contained in the document are not exhaustive and the questions posed are not intended to limit in any way the range of questions readers might want to consider.
22 June, 2012
505. Deputy Tom Fleming asked the Minister for Justice and Equality if he will reverse the decision to close Garda stations (details supplied) in County Kerry; and if he will make a statement on the matter. [2790/13]
Amharc ar fhreagraThe Deputy will be aware that the Commissioner's Policing Plan for 2013, which I laid before both Houses of the Oireachtas on 5th December 2012, sets out details of the closure of 100 Garda stations throughout the country, the future opening hours of other stations in Cork and Dublin and a number of District amalgamations. It is important to remember that while some Garda stations are listed for revised opening hours from 24 hour stations, they will remain as functioning Garda stations on a 24 hour basis. The full list of these details is available in the Policing Plan which is available in the Oireachtas Library and on the Garda web site.
There are no plans to change these decisions.
The Commissioner has concluded that resources could be better deployed and more effectively used on the front-line if particular stations no longer had to be staffed and maintained or if the public opening hours of other stations could be reduced at off-peak times. He has given a commitment that where a station is to be closed local Garda management will consult with local communities on the alternative policing arrangements to be put in place in their area.
Furthermore, the Garda Commissioner has indicated he is confident that the implementation of the restructuring proposals contained in the 2013 Policing Plan will not lead to any diminution in the service provided by An Garda Síochána. In that regard he has stated that the revised structures will continue to support the Garda community philosophy through the clustering of services at policing hubs. This centralisation of services will facilitate the introduction of enhanced patrolling arrangements which, in turn, will provide increased Garda visibility as well as maintaining existing Garda links with communities throughout the country.
The Commissioner has also informed me that the personnel strength of the Kerry Garda Division on 31 December 2012, the latest date for which figures are readily available, was 298. There were also 26 Garda Reservists and 32 Civilians attached to the Kerry Garda Division on that date.
506. Deputy John Deasy asked the Minister for Justice and Equality the number of burglaries recorded in Waterford City and county in each of the past five years. [2844/13]
Amharc ar fhreagraThe Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose.
I have requested the CSO to provide statistics directly to the Deputy.
507. Deputy John Deasy asked the Minister for Justice and Equality the number of Gardaí that have retired from the force in the past five years and to detail their rank. [2845/13]
Amharc ar fhreagraI have been informed by the Garda Commissioner that the number of Gardaí, by rank, who have departed the Force in 2008 - 2012 is as set out in the table hereunder:
|
Year |
2008 |
2009 |
2010 |
2011 |
2012 |
|
Commissioner |
0 |
0 |
1 |
0 |
0 |
|
D/Commissioner |
1 |
0 |
0 |
0 |
0 |
|
A/Commissioner |
3 |
3 |
2 |
3 |
1 |
|
C/Superintendent |
4 |
14 |
3 |
8 |
5 |
|
Superintendent |
12 |
27 |
14 |
23 |
19 |
|
Inspector |
13 |
29 |
8 |
19 |
24 |
|
Sergeant |
57 |
181 |
100 |
109 |
119 |
|
Garda |
521 |
522 |
279 |
318 |
294 |
|
TOTAL |
341 |
776 |
407 |
480 |
462 |
508. Deputy Jim Daly asked the Minister for Justice and Equality the number of hand guns that have been licensed in the Irish State for each of the past five years; and if he will make a statement on the matter. [2867/13]
Amharc ar fhreagraI can inform the Deputy that the number of handguns licensed per year from 1st August 2009 to 2012 inclusive, is as set out in the table below:
|
Year |
No. |
|
2009* |
497 |
|
2010 |
490 |
|
2011 |
231 |
|
2012 |
626 |
* 1 Aug on. Figures prior to this date are not readily available.
On 1st August 2009, the remaining Sections of the Criminal Justice Act 2006 and Criminal Justice (Miscellaneous Provisions) Act 2009 relating to firearms were commenced. The legislation provided for three year rolling certificates as against the old one year certificates which used expire on 31st July each year. The legislation also prohibited new licences being granted in respect of large calibre handguns except where the person held a licence for the weapon prior to 19 November 2008.
I am keeping the provisions of firearms legislation under review.
509. Deputy Seán Kenny asked the Minister for Justice and Equality the number of gardaí by rank who have applied to retire over the next six months in the Dublin region; and if he will make a statement on the matter. [2870/13]
Amharc ar fhreagraMembers of An Garda Síochána may retire on a voluntary basis once they have reached 50 years of age and have accrued 30 years service. Members must retire on compulsory age grounds on reaching the age of 60.
In actual fact, most Gardaí take voluntary retirement ahead of their compulsory retirement age and it is not possible to predict with any certainty the number of Gardaí who will leave the Force during the course of any one year.
The table shows the number of voluntary retirements in the Dublin Metropolitan Region so far notified for the next 6 months (although this is not a basis for forecasting the likely number of retirements).
|
District |
Insp |
Sgt |
Gda |
Total |
|
Harcourt Sq |
0 |
0 |
1 |
1 |
|
DMR North |
0 |
0 |
2 |
2 |
|
DMR West |
1 |
0 |
0 |
1 |
|
DMR South |
0 |
1 |
0 |
1 |
|
Garda HQ |
0 |
0 |
1 |
1 |
|
Total |
1 |
1 |
4 |
6 |
510. Deputy Billy Kelleher asked the Minister for Justice and Equality the number of immediate or extended family members employed by his Department; the names and remuneration in each case; and if he will make a statement on the matter. [2903/13]
Amharc ar fhreagraThere are four individuals serving in the Department that I appointed in my capacity as Minister for Justice and Equality. None of them are related to me.
511. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality if he will detail the inspection regime in place to monitor conditions at Mountjoy Prison, Dublin; if he will outline all measures employed to ensure appropriate conditions are maintained; and if he will make a statement on the matter. [2911/13]
Amharc ar fhreagraI can advise the Deputy that principle responsibility for the inspection of any prison rests with the prison Governor. Rule 77 of the Prison Rules 2007 sets out that " The Governor shall make daily inspections of the prison including those areas of the prison where prisoners are accommodated or congregate or are otherwise held".
I am advised by the Irish Prison Service that the Governor of Mountjoy Prison, accompanied by the Chief Officer, visits and inspects all areas of the prison on a daily basis. In addition, a Governor is also assigned responsibility for each division of the prison and that Governor attends the relevant division each morning to meet with prisoners.
The Deputy will also be aware that the Inspector of Prisons has been established on a statutory basis since 2007 by virtue of Part 5 of the Prisons Act, 2007 and is independent. The key role assigned to the Inspector is to carry out regular inspections of the 14 Prisons and Places of Detention in the State and to present his report(s) on each institution visited as well as an Annual Report to me. In addition, the Inspector has also produced a number of reports in relation to general prison policies including the duties and obligations owed to prisoners by the Irish Prison Service. The Inspector's most recent Report on Mountjoy Prison was completed in March 2011.
The Prisons (Visiting Committees) Act 1925 requires a visiting committee to be constituted for every prison in the State and the duties of the Visiting Committee include visiting the prison in respect of which they are appointed and to hear any complaints which may be made to them by any prisoner. They also report to me on any abuses observed or found by them in such prison; and any repairs to such prison which may appear to them to be urgently needed.
I announced plans some time ago to strengthen the independent oversight of our prisons. Under new legislation to be prepared, I intend to make Visiting Committees more effective while they continue their role of visiting prisons, meeting with prisoners, and liaising on their behalf with prison authorities. A link will be established between the Visiting Committees and the Inspector of Prisons. Visiting Committees will report every two months to the Inspector on any issue that they wish to bring to his attention. They will be able to report any urgent or major issue to him at any time. They will continue their role of visiting prisons. They will continue to meet with prisoners and liaise on their behalf with prison authorities. But they will be more effective.
Additional independent prisons monitoring is also provided by international bodies such as the Irish Human Rights Commission, the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and , is also provided by the regular visits by the Council of Europe Committee on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.
