Written Answers Nos 1-33
7. Deputy Denis Naughten asked the Minister for Justice and Equality further to Parliamentary Question No. 8 of 20 June 2012, the position regarding the Garda review into the murder of Fr. Niall Molloy in Clara, County Offaly, in July 1985; if he will accede to the request by the family for an independent inquiry into the priest's violent death; and if he will make a statement on the matter. [5660/13]
Amharc ar fhreagraI am advised by the Garda authorities that the examination surrounding the circumstances of the death of Father Niall Molloy is almost complete and that a report of this examination will be submitted to the Commissioner in the coming weeks. Upon receipt of a report from the Commissioner I will review the situation. I understand that the officers carrying out the examination are continuing to keep the family members of the deceased updated on progress. While I fully appreciate the concerns of the family, in any case where criminal behaviour is suspected it is only through a Garda investigation, and where evidence of criminal wrongdoing is available through the submission of a file by the Gardaí to the Director of Public Prosecutions, that persons can be brought fully to account. Therefore, I hope that the Deputy will agree that, in the first instance, we need to allow the present Garda examination to proceed to its conclusion.
8. Deputy Anthony Lawlor asked the Minister for Justice and Equality his plans to replace and upgrade the Garda transport fleet; the condition of the fleet when he took office; the provision that was made to upgrade the fleet by the previous Administration; if he is satisfied that Garda patrol cars and other vehicles are safe to be used on our roads; and if he will make a statement on the matter. [5655/13]
Amharc ar fhreagra28. Deputy Pat Deering asked the Minister for Justice and Equality his plans to replace and upgrade the Garda transport fleet; the condition of the fleet when he took office; the provision that was made to upgrade the fleet by the previous Administration; if he is satisfied that Garda patrol cars and other vehicles are safe to be used on our roads; and if he will make a statement on the matter. [5652/13]
Amharc ar fhreagra40. Deputy Derek Keating asked the Minister for Justice and Equality his plans to replace and upgrade the Garda transport fleet; the condition of the fleet when he took office; the provision that was made to upgrade the fleet by the previous Administration; if he is satisfied that Garda patrol cars and other vehicles are safe to be used on our roads; and if he will make a statement on the matter. [5653/13]
Amharc ar fhreagra50. Deputy Regina Doherty asked the Minister for Justice and Equality his plans to replace and upgrade the Garda transport fleet; the condition of the fleet when he took office; the provision that was made to upgrade the fleet by the previous administration; if he is satisfied that Garda patrol cars and other vehicles are safe to be used on our roads; and if he will make a statement on the matter. [5654/13]
Amharc ar fhreagraI propose to take Questions Nos. 8, 28, 40 and 50 together.
Decisions in relation to the provision and deployment of Garda vehicles are a matter, in the first instance, for the Garda Commissioner in the context of his identified operational requirements and in the light of available resources.
The Garda transport fleet consisted of 2,414 vehicles in December 2012. The comparative figure for December 2007 was 2,305. With regard to vehicle safety, I am informed by the Garda authorities that the safe operation of the Garda vehicle fleet is a priority for the Force. Within that framework specific measures are in place to ensure that all of the vehicles concerned are maintained to a high standard, so that they can function under safe conditions for both Garda personnel and the general public.
The Deputies will be aware that an additional 213 new vehicles were purchased in 2012 on foot of an investment of €4 million. These new vehicles are currently being rolled out to Garda Divisions throughout the country. In addition, a further provision of €5 million has been made available for the purchase and fit-out of Garda transport in 2013. This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to provide an effective and efficient policing service.
9. Deputy Peadar Tóibín asked the Minister for Justice and Equality his plans to introduce legislation that would provide for the recognition of Traveller ethnicity. [6004/13]
Amharc ar fhreagraI have no immediate plans to introduce such legislation though, as I have indicated in the past, serious consideration is being given to this issue.
I am aware of the long standing wish of many Travellers that such status be granted but there are also some divergent views. I am also aware that the previous Government was of the view that Travellers are not an ethnic minority. Dialogue between staff of my Department and representatives of Traveller organisations has taken place in the past on the issue, for example, during the course of a seminar on the third State report under the Council of Europe Convention on National Minorities. In addition, the National Traveller Monitoring and Advisory Committee, on which sit representatives of all the national Traveller organisations as well as officials of the Department of Justice and Equality, in 2012 established a sub-group specifically to consider the issue of Traveller ethnicity. Arising from the work of this group, among other things, a conference was held in Dublin Castle, supported by my Department. At this conference various aspects of the ethnicity subject were considered from a wide spectrum of opinion.
I would like to remind the house that Travellers in Ireland have the same civil and political rights as other citizens under the Constitution. The key anti-discrimination measures, the Prohibition of Incitement to Hatred Act, 1989, the Unfair Dismissals Acts 1977, the Employment Equality Acts and the Equal Status Acts specifically identify Travellers by name as a group protected. The Equality Act 2004, which transposed the EU Racial Equality Directive, applied all the protections of that Directive across all of the nine grounds contained in the legislation, including the Traveller community ground. All the protections afforded to ethnic minorities in EU directives and international conventions apply to Travellers because the Irish legislation giving effect to those international instruments explicitly protects Travellers.
I would like to inform the Deputy that consideration of this issue remains ongoing with a view to ensuring that full analysis of all aspects of the granting of ethnic status to Travellers is available to Government when coming to a decision on the matter.
10. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he is satisfied regarding the adequacy of the budget for his Department to maintain an adequate level of policing throughout the country in both urban and rural areas, keeping in mind the activities of criminal gangs, the requirements to provide a sufficient network of Garda stations, personnel, motorised and electronic equipment in line with the needs of a modern police force and in keeping with international standards; and if he will make a statement on the matter. [5982/13]
Amharc ar fhreagraAmong the many headaches I inherited when I was appointed Minister for Justice and Equality in March 2011 was the need to unravel the expenditure for the Justice Sector contained in the Fianna Fáil-led Government's National Recovery Plan 2011-2014, which, if applied, would have resulted in devastating cuts in Garda services which I would not, and could not, stand over. The budgetary resources in the Fianna Fáil National Recovery Plan were unacceptable and would have put the Garda Commissioner in an impossible position. Fortunately, I was able to secure additional funding for the three-year period 2012 to 2014 to ensure that sufficient money was available to the Commissioner to allow the Garda Síochána to continue to deliver an effective policing service.
Specifically, I secured Euro 2.243 billion for the Justice Sector for 2012 which was Euro 118 more than had been allocated by Fianna Fáil. For 2013, I secured funding of Euro 2.2 billion which was Euro 191 million more than the Fianna Fáil allocation. For 2014, I secured Euro 2.065 billion, which was Euro 105 million more than the original Fianna Fáil allocation. Overall, had I not obtained this additional finance, the Gardaí would have stood to lose an average of Euro 90 million each year under the Fianna Fáil plan over the years 2012 to 2014.
In 2013 the Garda financial allocation, which in gross terms amounts to over Euro 1.4 billion, is a substantial amount and I can assure the Deputy, and the House, that this allocation will be spent in the most effective way with the emphasis on the delivery of front-line services. In that general context, a budget of Euro 5 million has been made available in 2013 for the purchase of additional Garda vehicles and, indeed, the modernisation of the Garda fleet is a crucial part of supporting policing operations throughout the State.
As the Deputy will be aware, a programme of consolidating the Garda station network is currently under way. This programme, which has been undertaken on the basis of recommendations made by the Garda Commissioner, yielded the freeing-up of over 160 Garda members in 2012 for operational policing duties. Moreover, the Garda authorities have indicated that the consolidation measures for 2013 will result in an extra 61,000 Garda patrol hours.
The overall objective of the consolidation process is to ensure effective policing. Furthermore, it has been supplemented by the new Garda roster system which ensures that resources are optimally deployed when and where they are required, to every part of the community, both rural and urban. In addition, the Garda Síochána has available to it a class-leading computer system and a state of the art digital radio system.
With regard to the fight against crime, the most recent crime statistics published by the Central Statistics Office show a welcome reduction in 12 of the 14 crime groups for which figures are given, compared with the previous 12 months. The figures reflect how the Gardaí are making an impact on crime and the Commissioner has indicated that the Force will maintain its focus on criminal activities. In response to the rise in burglaries, Operation Fiacla has been set up by the Commissioner. The operation has been very successful and up to the end of December 2012 it has resulted in 3,538 arrests and 1,924 charges.
I am determined, as Minister for Justice and Equality, that the resources of our Garda Síochána will be used in the best, most effective and efficient way possible. Overall, I believe that the primary Garda objective of combating crime will be continue to be achieved, and that, despite the pressure on the public finances, it will be possible for the Force to operate to the optimum benefit of our communities in a manner that will facilitate the prevention and detection of offences.
11. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide an update on the State's participation in discussions on guidelines on the Family Reunification Directive; if the guidelines will include defining dependency regarding a sponsor for the purpose of family reunification; and if he will provide clarification on the evidence required to establish family links. [6001/13]
Amharc ar fhreagraThe European Commission has indicated that it will during the course of 2013 publish some guidelines on the interpretation of Council Directive 2003/86/EC on the Right to Family Reunification. Since Ireland, like the UK, does not participate in the Directive it would not be in a position to contribute formally to the development of the guidelines. Nevertheless Ireland did participate in the Expert Group on Family Reunification convened in September by the Commission where Member States had an exchange of views on various issues covered by the Directive but which are also relevant to national policies in Ireland. We would likewise hope to attend any future meetings in this area.
The range of issues to be covered in any guidelines are not known at this stage and ultimately that is a matter for the Commission but could be expected to deal with most matters referenced in the Directive, including presumably that of dependency.
In terms of family reunification in Ireland it is my intention to publish in the coming period a detailed policy document on family reunification both where the sponsor is an Irish national and where he/she is from outside the EEA. Work has been underway on this for some time and it will include guidelines on all of the main issues including eligibility, dependency, the financial resources necessary to sponsor a dependent and any personal requirements the person seeking entry must meet. The purpose is to update the existing policies in operation and to address any gaps in the current regime in the interests of applicants, practitioners and staff. The aim is to achieve an appropriate balance between the legitimate aspirations of the family and the interests of society at large recognising of course that in many cases these will coincide.
It should also be noted that our existing policies in respect of certain classes of migration, for high skilled workers, Researchers, PhD Students, Entrepreneurs and Investors, providing for immediate family reunification of spouse and dependent children would compare very favourably with many other jurisdictions. Substantial numbers of cases are processed annually. Therefore it is not a case that Ireland does not offer family reunification and the new guidelines which my Department is working on will provide further clarity on the criteria and the process that will be applied.
12. Deputy Dara Calleary asked the Minister for Justice and Equality the further progress that has been made under Operation Fiacla to date; the amount that has been spent to date; and if he will make a statement on the matter. [6027/13]
Amharc ar fhreagraOperation Fiacla is the subject of regular monitoring and review by senior Garda management and is focused on identifying and targeting gangs involved in burglaries around the country so as to disrupt their activities and bring them before the Courts.
The operation is intelligence driven, and specific burglary initiatives have been implemented in each Garda Region to target suspect offenders. These initiatives optimise the use of existing structures and local Garda management ensure that all personnel are fully briefed on the initiative, with Divisional Crime Management Teams playing a key coordination and implementation role.
I am further informed that, as of 31 January 2013, 3,903 persons have been arrested and 2,142 persons have been charged as part of the operation, reflecting the very substantial efforts being made to tackle this problem by the Gardaí.
In relation to the cost of the operation, it is understood that a separate dedicated budget has not been established for this initiative and it would necessitate a disproportionate amount of Garda time and resources to calculate this. However, every effort is being made by Garda management, under the remit of the respective regional policing plans prepared under Operation Fiacla, for duty associated with these initiatives to be conducted as part of routine, rostered, policing activities.
I am, of course, conscious of the deep distress which burglary can cause to householders and of the broader impact it can have in terms of fear of crime in our communities. I therefore very much welcome the fact that the Garda Commissioner is deploying the substantial resources available to him in a targeted approach to confront those engaged in this form of criminality. The latest quarterly figures from the Central Statistics Office for burglary suggest that Operation Fiacla is having an impact, when compared with the quarterly figures prior to its introduction, and I am hopeful that the success of the operation will be continue to be reflected in future crime statistics as they become available.
13. Deputy Micheál Martin asked the Minister for Justice and Equality the discussions he has held with the Association of Garda Sergeants and Inspectors regarding Garda working conditions; and if he will make a statement on the matter. [6044/13]
Amharc ar fhreagraWorking conditions for members of the Garda Síochána are the subject of discussions under the Garda Conciliation and Arbitration Scheme. The scheme, which is similar to schemes operating elsewhere in the public service, provides for a Conciliation Council, an Arbitration Board and an Adjudicator, all of which are designed to deal with conditions of service of members of all ranks of the Garda Síochána up to and including the rank of Chief Superintendent.
In addition to this more formal approach, I have also met with AGSI on a bilateral basis. These meetings provide both sides with an opportunity to discuss work related issues, including working conditions. The last such meeting took place on 17 October 2012.
The Deputy will be aware that talks have recently commenced with the trade unions and staff associations on a revision to the Croke Park Agreement. The Deputy will also be aware that AGSI have chosen not to participate further in those talks.
I do not wish to pre-empt the outcome of the talks by making any further comment at this time other than to say that the talks are at an early stage and I would encourage all the Public Service Unions and staff associations to engage constructively in the dialogue being facilitated by the Labour Relations Commission.
14. Deputy Niall Collins asked the Minister for Justice and Equality his plans for the total number of Garda stations by the end of 2013, 2014 and 2015; and if he will make a statement on the matter. [6018/13]
Amharc ar fhreagraAt the end of 2013 there will be 564 Garda stations in the State. By comparison with other similar jurisdictions this is still a high number. By way of comparison, there are 83 police stations in Northern Ireland for its population of 1.4 million and 340 stations in Scotland for its population of 5.2 million. In the London Metropolitan area, 66 police stations are due to close, leaving 73 police stations open to the public.
Each year the Commissioner prepares a Policing Plan which outlines his proposals for providing the policing service in the country for the following year. Among other things, these plans must include any proposals he has for the re-organisation of the Divisional or Regional network together with any plans he has for the closure of a Garda station. The plans for 2014 and 2015 have not yet been prepared, however, from discussions with the Garda Commissioner I understand that the current consolidation process will be largely completed by the end of this year and it seems unlikely at this point in time that there will be any further station closures in 2014 and 2015.
The delivery of the most effective policing service possible to the public will of course remain the objective of future policing plans. It will be for the Garda Commissioner, using his professional judgement, to formulate such proposals, and he will continue to have my support in seeking to maximise the number of Gardaí on active frontline duty, preventing and detecting crime right across the country.
15. Deputy Dessie Ellis asked the Minister for Justice and Equality his plans to review the existing functions and powers of the Prison Visiting Committees. [5994/13]
Amharc ar fhreagraI announced plans some time ago to strengthen the independent oversight of our prisons. To this end, the Government has approved the drafting of a General Scheme of an Inspection of Places of Detention Bill which will include provisions 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. As part of these plans, it is intended to expand the role of the Inspector of Prisons. I believe this will greatly enhance the Inspector's independent oversight of the prison system. Under the new proposed arrangements, it is my intention that Visiting Committees will report regularly to the Inspector of Prisons. In addition, Visiting Committees will be able to report any urgent or major matter to the Inspector at any time. They will continue their role of visiting prisons. They will also continue to meet with prisoners and liaise on their behalf with prison authorities, and they will be more effective.
Subject to competing legislative priorities, it is expected that the General Scheme will be published early this year. When work on preparation of the General Scheme has been completed, I will be seeking Government approval for its publication to facilitate a consultation process in advance of drafting and publication of the Bill.
16. Deputy Sandra McLellan asked the Minister for Justice and Equality the number of gardaí that he expects to retire this year. [6009/13]
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. There are approximately 1,450 Garda members who could retire in 2013 on full pension. However, there is no basis for expecting that all those who could retire will actually do so.
Equally it is difficult to establish an average figure for Garda retirements, particularly as the annual rate of retirements has been affected in the past by one-off factors such as the grace period which lasted until the end of February last year. While it would not be unreasonable, therefore, extrapolating from recent experience, to expect that retirements might range somewhere between 300 and 400, it is not possible to give a scientific estimate.
I have however, been informed by the Garda authorities that as of 1 February 2013, the number of Gardaí who have retired or declared their intention to retire during the course of 2013 is 58.
17. Deputy Brian Stanley asked the Minister for Justice and Equality his plans to ensure that the outcome of investigations conducted as a result of complaints made by prisoners will be published. [5992/13]
Amharc ar fhreagraAs the Deputy is aware, the new prisoner complaints procedure was introduced with effect from the 1 November 2012. The new procedure allows for all complaints made by prisoners alleging serious ill treatment, use of excessive force, serious intimidation/discrimination or threats by a member of staff of the Irish Prison Service to be investigated by an independent investigator. The Inspector of Prisons has oversight of all investigations, has access to any material relevant to any such investigation and may investigate any aspect that he considers relevant.
I have been informed by the Director General of the Irish Prison Service that, in line with the provisions of SI No. 11 of 2013 Prison Rules (Amendments) 2013, it is not intended that investigation reports or the outcomes of individual complaints will be made public. However, an overview of the outcomes of investigations will be included in the Service's Annual Reports.
I can advise the Deputy that in accordance with the provisions of SI No. 11 of 2013 the complainant and any person against whom the complaint was made shall be given a general outline of the contents of the investigation report and shall be advised of the findings.
18. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the total amount of Garda overtime hours worked in 2010, 2011 and 2012; and if he will make a statement on the matter. [6025/13]
Amharc ar fhreagraI am informed by the Garda authorities that the number of overtime hours worked by members of An Garda Síochána during 2010, 2011 and 2012 was: 2010, 2,462,484 hours; 2011, 2,565,684 hours; and 2012, 1,310,954 hours.
The 2011 figure also includes overtime in respect of duties carried out during the State Visits of President Obama and Queen Elizabeth II which amounted in total to 765,598 hours.
As the Deputy will be aware, it has been necessary to reduce expenditure across the public sector due to the very difficult economic situation. That being said, I can also assure the Deputy that the 2013 Garda financial allocation, which in gross terms amounts to over Euro 1.4 billion, will be spent in the most effective way with the emphasis on the delivery of front-line services.
In that general context I can confirm for the Deputy that the Garda overtime budget for this year is Euro 43.9 million. On any analysis this is a substantial sum of money and it also represents an increase of approximately 3.5% on the actual expenditure on Garda overtime in 2012, which came to Euro 42.4 million. In addition, separate provision has been made in the Garda Vote in 2013 for certain Garda overtime costs that will arise in connection with the current Irish EU Presidency.
With regard to the fight against crime, the most recent crime statistics published by the Central Statistics Office reflect how the Gardaí are making an impact on crime and the Commissioner has indicated that the Force will maintain its focus on criminal activities.
Overall, I believe that the primary Garda objective of combating crime will be continue to be achieved, and that, despite the pressure on the public finances, it will be possible for the Force to operate to the optimum benefit of our communities in a manner that will facilitate the prevention and detection of offences.
19. Deputy Michael Colreavy asked the Minister for Justice and Equality his plans to introduce sentencing guidelines. [6003/13]
Amharc ar fhreagra43. Deputy Billy Kelleher asked the Minister for Justice and Equality the discussions he has held with the Law Reform Commission with regard to mandatory sentencing guidelines; and if he will make a statement on the matter. [6039/13]
Amharc ar fhreagraI propose to take Questions Nos. 19 and 43 together.
The Deputy will appreciate that judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. In accordance with this principle, the role of the Oireachtas has been to specify in law a maximum penalty and a court, having considered all the circumstances of the case, to impose an appropriate penalty up to that maximum. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present.
There are, of course, a small number of situations where statute has created exceptions to this approach most notably by providing for mandatory sentences for murder and presumptive minimum sentences in the case of certain firearms and drug trafficking offences. Except for exceptional circumstances, I am of the view that the Oireachtas should be cautious in prescribing mandatory sentences. An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Criminal Appeal to review a sentence she regards as unduly lenient. The Law Reform Commission is currently examining the law in relation to mandatory sentences and I understand this work will be completed this year.
The Deputy may be aware that the Law Reform Commission, after detailed study some years ago, recommended against the introduction of statutory sentencing guidelines but favoured non-statutory sentencing principles. The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Sentencing practice is also being developed by a steering committee of the judiciary which developed the Irish Sentencing Information System (ISIS) website, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. Information on over 1,000 cases is detailed on the website and the Committee recently announced that it is shortly to recommence populating the online database with information on sentencing in the criminal courts.
The Deputy may be aware that the ISIS committee also announced they are planning to recommence providing information on sentencing in relation to specific issues in which context an analysis has been published on rape sentencing prepared by the Judicial Researchers Office under the guidance of Mr. Justice Peter Charleton. I understand that seminars are also planned, including one focusing on the work of the Sentencing Council in the UK.
Finally, as the Deputy may be aware, in September 2012, I announced a strategic review of penal policy. I have established a working group to carry out this review which will examine all aspects of penal policy and I expect the Group to report later this year.
20. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality the reason there are only nine detoxification beds in a 4,500 bed prison system in view of the fact that 80% of persons there suffer from some form of drug problem and need services to help them detox and rehabilitate; and if he will make a statement on the matter. [5651/13]
Amharc ar fhreagraI wish to inform the Deputy that the Irish Prison Service provides a comprehensive range of drug treatment services tiered to meet the needs of the prison population. The nine beds referred to by the Deputy are allocated specifically for the therapeutic Drug Treatment Programme (DTP) based in the Medical Unit, Mountjoy Prison. This programme is 8 weeks in duration and the model used is a collaborative one using prison based staff and the community/ voluntary sector. Its aim is to assist prisoners in achieving a drug free status. At present, any person entering prison giving a history of opioid use and testing positive is offered a medically assisted symptomatic detoxification if clinically indicated. Patients can, as part of the assessment process, discuss with healthcare staff other treatment options.
Drug rehabilitation programmes for prisoners involve a significant multidimensional input by a diverse range of general and specialist services provided both by the Irish Prison Service and visiting statutory and non-statutory organisations. Prisoners who on committal are engaged in an opioid substitution programme in the community will have their substitution treatment continued while in custody. Methadone substitution treatment is available in 9 of the 14 prisons (accommodating over 80% of the prison population). Drug Treatment Pharmacist services are available in Mountjoy, Dóchas, Midlands and Portlaoise Prisons. Pharmacists are responsible for all aspects of drug treatment (mainly methadone) dispensing, administration, recording, ordering, storage etc in those prisons, thus ensuring that drug treatment is provided on an equivalent basis to that available in the community while meeting all legal and professional requirements in those particular prisons.
The Health Service Executive provides consultant led in-reach addiction services to Cloverhill and Wheatfield Prisons. Merchants Quay Ireland provides a national addiction counselling service for prisoners with drug and alcohol problems in prisons and places of detention where prisoners require such a service (with the exception of Arbour Hill Prison). Drug Free Units currently operate in Mountjoy Prison, Wheatfield Prison, Cloverhill Prison and St. Patrick's Institution. As part of the Irish Prison Service Strategic Plan 2012- 2014 Drug Free Units will be established in all closed prisons. Mountjoy Prison currently has two addiction nurses assigned. A clinical addiction team comprising the Primary Care Addiction Specialist GP, Addiction Nurses, Chief Nurse Officers, Merchants Quay Ireland personnel and Addiction Pharmacists provide a comprehensive overview of addiction services, which has resulted in a more streamlined service, better assessment and through-care outcomes.
In line with Action 43 of the National Drug Strategy, the Irish Prison Service ensures the seamless transition of prisoners established on drug treatment into community drug treatment settings as agreed in the protocol developed with the Health Service Executive. If the prisoner is on a community programme prior to committal to prison, the maintenance programme is continued during the prison term. Prior to a patient being commenced on methadone maintenance in prison, a drug treatment place in the community must be secured to ensure continuation of treatment upon release.
The Irish Prison Service has conducted a review of its existing Drug Treatment programmes and proposals have been developed to reorient and extend the treatment options. Recent trends across prisons indicate a significant number of prisoners currently self-detoxing from methadone and a marked reduction in the average dose of methadone. The proposals which have been adopted by the Irish Prison Service and are currently being rolled out on a phased basis include:
- The establishment of a therapeutic Detoxification and Rehabilitation Treatment Programme (DRTP) with the allocation of 10 additional places from March 2013. The DRTP will also operate in the Medical Unit and will be in addition to the existing DTP which has 9 places;
- Circa 50 beds in the Medical Unit, Mountjoy Prison will be used exclusively for Drug Treatment Programmes including:
- The Drug Treatment Programme (DTP) – 8 week duration;
- Dextoxification & Rehabilitation Treatment Programme (DRTP) – 6 week duration,
- Slow Detoxification Programme – maximum duration 6 months,
- Stabilisation Programme – maximum duration 6 months'.
- The Training Unit and Shelton Abbey are being designated as suitable for prisoners on methadone maintenance treatment. Loughan House will be designated as a facility for the treatment of prisoners seeking to return to a drug free lifestyle.
The proposals set out above will provide an increased number of options for prisoners who demonstrate a commitment to addressing their substance misuse. Progression from these Programmes will include access to Drug Free Units, open prisons and ultimately the Community Return Scheme, subject to normal operational considerations.
The Deputy will note that the Irish Prison Service is adding to the range of programmes, support services and through-care options for prisoners demonstrating a commitment to addressing their substance misuse.
21. Deputy Timmy Dooley asked the Minister for Justice and Equality the follow up action he has taken in the wake of his call for an extension of the British-Irish common travel area to assist tourism; and if he will make a statement on the matter. [57224/12]
Amharc ar fhreagraThe Deputy will be aware that in March last year the Government decided to extend for a four year period the Irish Short-stay Visa Waiver Programme to the end of October, 2016. The programme, which was devised by the Irish Naturalisation and Immigration Service (INIS) of my Department, was originally scheduled to run on a pilot basis until last October. The Programme allows tourists or business people from certain countries who have lawfully entered the UK, including Northern Ireland, on a valid UK visa to travel on to Ireland without the requirement to obtain an Irish visa. There has been a very positive response from tourism agencies and operators to this initiative. Figures from the Central Statistics Office indicate that the number of visits to Ireland from the countries included in the programme increased by 21% in the twelve months following its introduction. This is a significant increase and a very positive indicator of the success of the Programme.
INIS is continuing to work closely with their UK counterparts towards the implementation of a common visa for short stay visitors. It is anticipated that such a visa will prove an attractive option for tourists and business visitors, particularly in the context of the island of Ireland by facilitating visitors to travel freely between Northern Ireland and Ireland without the need for a separate Irish or UK visa.
One of the prerequisites to its introduction is the requirement that all visa applicants supply fingerprint (biometrics) data electronically which is currently an essential element of applying for a UK visa. Obviously Ireland does not have the capacity to capture such data for all visa applications worldwide; currently for UK visas this is done in over 150 countries. Work is ongoing, through the regular Common Travel Area Forum meetings between INIS and the UK Home Office, on an agreed approach to this and other aspects prior to its introduction.
The project demonstrates the mutual benefits of working in close cooperation with the UK immigration authorities and of adopting a practical approach which will both enhance the preservation of the integrity of the CTA as well as harnessing the potential to deliver economic and tourism benefits for both countries. Finally, I personally had discussions with the UK Minister for Immigration on 4th February where we reviewed progress on this Joint objective.
22. Deputy Denis Naughten asked the Minister for Justice and Equality if he will have the case of the murder of Garda Richard Fallon, on 3 April 1970, independently reviewed; and if he will make a statement on the matter. [5661/13]
Amharc ar fhreagraThe murder of Garda Richard Fallon was a terrible tragedy for his family and I want to, again, express my deepest sympathy to them. On top of that personal tragedy, his murder was also an event that can only be described as a heinous crime carried out by ruthless individuals.
As the Deputy will be aware, this case is currently being reviewed by An Garda Síochána’s Serious Crime Review Team and it is expected that the results will be available to the family shortly. I am conscious that this is a matter of great concern to the Fallon family but I am sure the Deputy will appreciate that it would be best to await the outcome of the Garda review.
23. Deputy Jonathan O'Brien asked the Minister for Justice and Equality if he plans to introduce legislation to rectify legal anomalies around the issue of surrogacy. [5997/13]
Amharc ar fhreagraAs I indicated in response to Question No. 789 of 16 January 2013, I am presently engaged in the preparation of a Family Relationships and Children Bill, which will, among other matters, deal with parentage issues arising from surrogacy. I intend to publish the Heads of the Bill as soon as possible in 2013 having regard to the need for consultations and the need to dispose of urgent legislative matters in my Department under the EU/IMF Programme of Financial Support for the State.
In preparing my proposals for legislation, I am considering the detailed recommendations of the Law Reform Commission in its Report on the Legal Aspects of Family Relationships. The Commission recommends that legislative provisions be introduced to facilitate the extension of guardianship (parental responsibility) to civil partners and step-parents either by agreement with the other parties who have parental responsibility for the child or by application to court.
In that context, I am considering the Commission's specific recommendations on legislative reform, which would put same-sex couples and step-parents on an equal footing with other couples in relation to their children. I am also reviewing existing legislation worldwide addressing the issues of parentage, assisted human reproduction and surrogacy and considering the recommendations contained in the Report of the Commission on Assisted Human Reproduction published by the Department of Health in 2005. Those reforms must ensure that children are able to form a legal connection with their non-biological parent and that kindred relationships flow from such legal connection. In particular, reform of the law is needed in the areas of guardianship, custody and access, and to ensure maintenance and inheritance rights for the children of civil partners.
24. Deputy Barry Cowen asked the Minister for Justice and Equality the total number of Garda vehicles in the fleet in 2010, 2011, 2012 and to date in 2013; and if he will make a statement on the matter. [6030/13]
Amharc ar fhreagraI am advised by the Garda authorities that the strength of the Garda fleet for the years 2010 to date is as outlined in the table below:
|
YEAR |
FLEET TOTAL |
|
2010 |
2,740 |
|
2011 |
2,623 |
|
2012 |
2,414 |
|
31st January 2013 |
2,402 |
The Deputy will be aware that an additional 213 new vehicles were purchased in 2012 on foot of an investment of €4 million. These new vehicles are currently being rolled out to Garda Divisions throughout the country. In addition, a further provision of €5 million has been made available for the purchase and fit-out of Garda transport in 2013. This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to provide an effective and efficient policing service.
25. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of programme refugees accepted by the State during each of the past ten years. [6000/13]
Amharc ar fhreagraThe number of programme refugees accepted by the State during each of the past ten years is as follows:
|
2002 |
2003 |
2004 |
2005 |
2006 |
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
Total |
|
28 |
50 |
58 |
115 |
184 |
114 |
101 |
192 |
20 |
45 |
49 |
956 |
26. Deputy Pearse Doherty asked the Minister for Justice and Equality the number of gardaí on career breaks; the number of gardaí due to begin career breaks; and if he will make a statement on the matter. [6007/13]
Amharc ar fhreagraI am informed by the Garda authorities that there are currently 40 members on a career break and there are no applications pending.
27. Deputy Seamus Kirk asked the Minister for Justice and Equality the total savings to the State of the 139 Garda stations closed since March 2011; and if he will make a statement on the matter. [6042/13]
Amharc ar fhreagra34. Deputy John Browne asked the Minister for Justice and Equality the total savings to the State of the 139 Garda stations closed since March 2011; and if he will make a statement on the matter. [6022/13]
Amharc ar fhreagraI propose to take Questions Nos. 27 and 34 together.
The Garda Commissioner is the Accounting Officer for the Garda Vote and I have been informed by the Garda authorities that financial cost statements are maintained at District Headquarters level rather than at Garda station level. In the circumstances the Deputies will appreciate that the specific financial information they have sought is not readily available and I understand that the provision of such information would involve a disproportionate amount of Garda time and resources which are required for other purposes.
However, I have also been advised by the Garda authorities that the average financial saving estimated to arise in respect of the closure of the stations designated for closure in the Garda Policing Plan for 2013 is Euro 4,000 per station. To a large extent this estimate relates to heating and lighting costs and it does not take account of specific repair bills, which will vary from premises to premises.
As the Deputies will be aware, the closure of the stations has been proposed by the Garda Commissioner in his Policing Plan for 2013 and I would stress that the key objective involved is to promote the more efficient and effective deployment of resources rather than to secure modest cash savings. In this context the Commissioner has concluded in relation to certain stations that Garda resources could be better deployed and more effectively used on the front line if the stations no longer had to be staffed and maintained. In making his recommendations on the closure of Garda stations, the Commissioner reviewed all aspects of An Garda Síochána's policing model, including the deployment of personnel, the utilisation of modern technologies and the overall operation of Garda stations. In addition, the Commissioner 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.
29. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his views on whether there are enough intoxilyser machines in Garda stations to implement road safety legislation on the testing of drivers involved in a serious collision; and if he will make a statement on the matter. [5658/13]
Amharc ar fhreagraAs the Deputy will be aware, the Medical Bureau of Road Safety (MBRS), which is under the aegis of the Department of Transport, Tourism and Sport, has statutory responsibility for the testing, approval and supply of evidential testing machines and roadside breath testing screening devices to An Garda Síochána.
I am informed by the Garda authorities that there are currently 64 evidential breath testing (intoxilyser) machines allocated by the MBRS to Garda stations nationwide. The requirement for additional machines is kept under ongoing review by the Garda authorities. In this regard the Deputy will also be aware that an Garda Síochána has requested an additional 22 intoxilyser machines from the MBRS. I am further informed that the Garda authorities and the MBRS are preparing for the roll out of the additional machines during 2013.
30. Deputy Pearse Doherty asked the Minister for Justice and Equality the date on which he will publish legislative proposals to enhance the protection of children against sexual abuse and exploitation, including grooming; and if he will make a statement on the matter. [6006/13]
Amharc ar fhreagraAs stated in my reply to parliamentary question no. 740 answered on 16 January, I expect to bring legislative proposals to Government shortly. Subject to Government approval, I intend to publish these proposals when they have been considered by the Cabinet. It is not possible to specify a precise date for publication.
31. Deputy John Halligan asked the Minister for Justice and Equality if he will grant refugee status in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [5666/13]
Amharc ar fhreagraThe person concerned applied for asylum on 14th August, 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following the consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
The person concerned would then appear to have left the State, on a date unknown, and travelled to the United Kingdom (UK). Given that he had no permission to remain in the UK, and in accordance with the provisions of Article 16(1)(c) of the Dublin II Regulations, a formal request was received from the UK's immigration authorities, on 23rd December, 2010, to 'take back' the person concerned. Ireland agreed to the 'take back' request on the basis that Ireland was the Member State responsible for examining the asylum claim by the person concerned. The person concerned was returned to Ireland on 3rd March, 2011 and was returned to the stage of the asylum/immigration process where he had been before he departed for the UK.
Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30th December, 2010, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the then Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
The Deputy might also wish to note that the person concerned contacted the Irish Naturalisation and Immigration Service in early April, 2011 indicating that he wished to return voluntarily to his country of origin. In response to that request, the Irish Naturalisation and Immigration Service advised the person concerned of the voluntary return options open to him. Specifically, he was advised to contact the Dublin Office of the International Organisation for Migration (IOM) and while he did so, there were practical reasons as to why the voluntary return arrangement could not be concluded at that time. The person concerned again contacted the Irish Naturalisation and Immigration Service on 15th June, 2012 indicating that he wished to return voluntarily to his country of origin, but he later withdrew that request. As a result, his case will now be determined in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006 and, if necessary, the provisions of Section 3 (6) of the Immigration Act 1999 (as amended), in the order set out above.
The Deputy will appreciate that as the asylum claim of the person concerned has already been determined and refused, there is no basis under which he can now be granted refugee status. However, his ultimate position in the State remains to be determined so he should await the outcome of his application for Subsidiary Protection.
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 to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
32. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality if his attention has been drawn to the fact that the Law Reform Commission provisionally recommended that it would be appropriate to include provision in the proposed mental capacity legislation for limited administration of the property of a missing person, in particular in circumstances in which it could not be established that a presumption of death order could be made; and if he will make a statement on the matter. [5989/13]
Amharc ar fhreagra35. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his plans to introduce legislation to amend aspects of the civil law concerning missing persons. [5987/13]
Amharc ar fhreagra38. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his plans to implement the 2009 Council of Europe Recommendation on Missing Persons. [5988/13]
Amharc ar fhreagraI presume that the Deputies are referring to the Report of the Law Reform Commission on Civil Law of Missing Persons. Since the Report only came to our attention on 30 January 2013, you will appreciate that I am not in a position to comment on its recommendations at this stage. However, as normally happens with Reports of the Law Reform Commission, the recommendations are being examined in my Department for any necessary response, including in relation to the necessity for and content of legislation on foot of the report. The Law Reform Commission's recommendation to include in the proposed capacity legislation provisions for interim administration of the property of a missing person will be examined in the course of the wider consideration of the Report and in terms of the appropriateness of such provisions in this particular legislation. Other Departments will also be required to examine the Report in regard to matters concerning their areas of responsibility.
33. Deputy Michael McGrath asked the Minister for Justice and Equality the progress that has been made on the establishment of a judicial council; and if he will make a statement on the matter. [6033/13]
Amharc ar fhreagraThe Programme for Government undertakes to “legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges” and this commitment is being given expression in the form of the proposed Judicial Council Bill. As well as providing for the establishment of a Judicial Council and Board that will promote excellence and high standards of conduct by judges, the proposed Bill is aimed at providing a means of investigating allegations of judicial misconduct supported by the establishment of a Judicial Conduct Committee which will have lay representation.
In November 2011, the judiciary agreed to establish an Interim Judicial Council pending the publication and enactment of the proposed Judicial Council Bill. A sub-committee of the Board of the Interim Judicial Council was subsequently established to consider the General Scheme for a Judicial Council Bill, a version of which had been published by the previous Government in August 2010. The observations of the sub-committee were conveyed to me by the Chief Justice on 8 May 2012. These observations were duly considered at my Department taking account of intervening developments and of current Government policy. Following this consideration, I conveyed the relevant drafting instructions to the Attorney General in November 2012. Work on the drafting of the new Bill continues, therefore, in conjunction with the Offices of the Attorney General and of Parliamentary Counsel and I very much appreciate the ongoing support being given to this initiative by the Chief Justice and her judicial colleagues. Under the Government's Legislation Programme for the Spring Session, announced by the Chief Whip on 15th January 2013, publication of the Bill is expected later this year.
