Written Answers Nos. 943-964
943. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in respect of an application for naturalisation in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [17164/13]
Amharc ar fhreagraI am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that applications for a certificate of naturalisation were received from the persons referred to by the Deputy in October, 2010. Section 15 of the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant a certificate of naturalisation provided certain statutory conditions are fulfilled. One such condition is that the applicant intends in good faith to continue to reside in the State after naturalisation.
As the persons referred to by the Deputy stated on their application forms that they did not intend to reside in the State after naturalisation, it was considered that they did not comply with this condition. Consequently, the applications were deemed ineligible. Further applications were submitted by the persons referred to in April 2012. As the required application fees were not included with the application forms, they were returned in their entirety to the applicants. To date no new applications have been received from any of the persons referred to.
There is no record of an application for a certificate of naturalisation for the third person referred to in the Deputy's question. 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.
944. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality when he will appoint a new board to the Private Security Authority; the reason for the delay thus far; and if he will make a statement on the matter. [17173/13]
Amharc ar fhreagraIn preparation for the appointment of a new Board, I sought Expressions of Interest for membership on the Board through the websites of my own Department and that of the Public Appointments Service. As the Deputy will appreciate, while it can be a time consuming process completing the necessary formalities, I expect to be in a position to confirm the names of the new Board members in the near future.
945. Deputy Simon Harris asked the Minister for Justice and Equality if he will introduce measures to remove barriers to persons with disabilities accessing the justice system; and if he will make a statement on the matter. [17177/13]
Amharc ar fhreagraThe Disability Act 2005 is a positive action measure designed to support the provision of and improve access to mainstream public services for people with disabilities. This mainstreaming approach to disability matters encourages equity of access to services provided by all Government Departments and their agencies for people with disabilities. I can assure the Deputy that all the State agencies under my Department's remit are fully committed to meeting their obligations under the Disability Act 2005.
Specifically agencies under the aegis of my Department are committed to accommodating the needs of all citizens in accessing public buildings and facilities. This includes the provision of facilities for persons with a disability or special needs. The Deputy will appreciate that the architectural and design features of many public buildings present considerable challenges in this regard as do the present circumstances regarding availability of resources. All new refurbishment projects include disabled access to public buildings. An activity (6.4) of the National Strategy on Domestic, Sexual and Gender-based Violence undertakes to identify and promote suitable state service responses in relation to domestic and sexual violence for vulnerable or high-risk groups. People with a disability are recognised as such a group. Activity 7.1 of the strategy undertakes to promote and develop practices and protocols on inter-agency referrals and coordination. Under these activities the National Disability Authority is engaging with An Garda Síochána and with the Courts Service in relation to developing proposals to improve the response of both organisations in interacting with people with disabilities in accessing the justice system. Contact between the National Disability Authority and the Courts Service and An Garda Síochána is continuing with the advice and guidance of the National Steering Committee on Violence against Women.
The enactment of Assisted Decision-Making (Capacity) legislation is also an important step forward in ensuring people with disabilities are supported where necessary to enable them to make important legal decisions, removing barriers that may exist at present in this area. Drafting of the Bill is being finalised with a view to meeting the commitment in the Government Legislation Programme which indicates that the Bill is expected to be published in the current session. The Bill will be in line with the UN Convention on the Rights of Persons with Disabilities which has as one of its principles supporting people with impaired capacity in making decisions and exercising their basic rights. Work is being completed to properly align the provisions of the Bill with the principles contained in the Convention.
The National Disability Strategy (NDS) is the main mechanism through which people with disabilities are supported to live full and independent lives. The various actions and measures contained in the Strategy help to remove any barriers and to allow those with a disability to access mainstream services on an equal basis with others. I established the NDS Implementation Group last year which I chair. Presently this group is in the final stages of developing an Implementation Plan for the Strategy.
947. Deputy Dara Calleary asked the Minister for Justice and Equality if he will explain the four month delay in the issuing of Garda vetting for proposed participants on a FÁS scheme (details supplied); when the necessary clearance will be issued; and if he will make a statement on the matter. [17207/13]
Amharc ar fhreagraThe Garda Central Vetting Unit provides employment vetting for approximately 20,000 organisations in Ireland, registered with the Unit for this purpose, which employ personnel to work in a full-time, part time, voluntary or student capacity with children and / or vulnerable adults. The Unit processed approximately 328,000 vetting applications on behalf of these organisations in 2012. The current average processing time for applications is approximately 12 weeks from date of receipt. However, seasonal fluctuations and the necessity to seek additional information on particular applications can result in this processing time being exceeded on occasion.
In order to observe equity and fairness in respect of all applicants for Garda Vetting, standard processing procedures are such that applications are processed in chronological order, from the date of receipt at the Central Vetting Unit. All organisations registered for Garda Vetting are aware of the processing time-frames for the receipt of Garda vetting and have been advised to factor this into their recruitment and selection process. In the context of the applications referred to in the Deputy's question, I am informed by the Garda authorities that it is not possible to check the status of any applications received in respect of the participants referred to in the absence of details such as the names of the participants and dates of birth. If the Deputy will provide the additional information, I will have further enquiries made in the matter.
948. Deputy Seán Kenny asked the Minister for Justice and Equality if he has received a report from the Garda Commissioner regarding a public order incident (details supplied) in Dublin 2; and if he will make a statement on the matter. [17216/13]
Amharc ar fhreagraI am informed by the Garda authorities that An Garda Síochána is aware of an incident of antisocial behaviour which occurred in the Temple Bar area on 26 March 2013. I am further informed that Gardaí attended the scene and order was quickly restored.
949. Deputy Paudie Coffey asked the Minister for Justice and Equality when the approved extension and refurbishment of Waterford City Court House will begin; and if he will make a statement on the matter. [17241/13]
Amharc ar fhreagraIn July 2012 the Government announced, as part of the stimulus package, refurbishment plans for seven courthouse projects, which include Waterford. As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. In order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that discussions are ongoing with the Office of Public Works and the National Development Finance Agency in order to progress the projects. The projects are to be procured and delivered through a Public Private Partnership. I am informed that the Office of Public Works is currently working on a design for the Waterford project with a view to undertaking the planning process later this year. It is expected that the PPP procurement process will commence around the end of the year. This time scale would allow construction to commence during 2015 with a view to the project being completed and the courthouse being operational during 2016.
950. 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. [17339/13]
Amharc ar fhreagraI am informed by the Garda authorities that a vetting application on behalf of the person concerned was received by the Garda Central Vetting Unit (GCVU) on 5 February 2013. The application is being processed and will be returned to the registered organisation once completed.
951. Deputy Finian McGrath asked the Minister for Justice and Equality if he will support the matter of a Garda vetting clearance (details supplied) in Dublin 9. [17408/13]
Amharc ar fhreagraI am informed by the Garda authorities that two vetting applications on behalf of the person concerned were received by the Garda Central Vetting Unit (GCVU) on 23 January 2013 and 4 February 2013. The applications are being processed and will be returned to the registered organisation once completed.
953. Deputy Michelle Mulherin asked the Minister for Justice and Equality what stage the redeployment of staff from the Department of Agriculture, Food and Marine to the Garda Central Vetting Unit is at; and when he expects the redeployment to be complete. [17476/13]
Amharc ar fhreagraFollowing discussions with the Department of Public Expenditure and Reform and the Department of Agriculture and Food, 25 staff have now been re-deployed to the Garda Central Vetting Unit and will be based in Tipperary town. It is expected that the final fit out of the offices there will be completed shortly to accommodate these new staff members.
954. Deputy Brendan Griffin asked the Minister for Justice and Equality if he is concerned with evidence of a recent case in which free legal aid was granted to a person who has means in excess of €1 million; if he is concerned that this may be happening in other cases; and if he will make a statement on the matter. [17486/13]
Amharc ar fhreagraAs the Deputy is aware 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.
I can inform the Deputy, however, that the granting of legal aid in civil matters is subject to a means assessment, as set out by the Act and the accompanying Regulations. In order to qualify, an applicant's disposable income cannot exceed €18,000 per annum and disposable capital cannot exceed €320,000. Each client must pay a contribution towards the cost of the services provided, the amount of which depends on the client's disposable income and capital. Further information on the means assessment rules can be seen on the Board's website, www.legalaidboard.ie. The Legal Aid Board has assured me that it investigates any cases where a client is suspected of providing a false declaration of means. If this is proven, it takes the necessary steps to withdraw legal services from that client. I have confidence in the Legal Aid Board in the operation of its functions and in taking such steps, if required.
955. Deputy Brendan Griffin asked the Minister for Justice and Equality the reason a person (details supplied) in County Kerry with means in excess of €1,000,000 qualified for free legal aid; and if he will make a statement on the matter. [17487/13]
Amharc ar fhreagraAs the Deputy is aware 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. I can inform the Deputy, however, that the granting of legal aid in civil matters is subject to a means assessment, as set out by the Act and the accompanying Regulations. In order to qualify, an applicant's disposable income cannot exceed €18,000 per annum and disposable capital cannot exceed €320,000. Each client must pay a contribution towards the cost of the services provided, the amount of which depends on the client's disposable income and capital. Further information on the means assessment rules can be seen on the Board's website, www.legalaidboard.ie. The Legal Aid Board has assured me that it investigates any cases where a client is suspected of providing a false declaration of means. If this is proven, it takes the necessary steps to withdraw legal services from that client.
956. Deputy Joe McHugh asked the Minister for Justice and Equality if he will clarify the availability of extra Garda patrolling hours with reference to the patrol car attrition rate; the number of extra patrolling hours; and if he will make a statement on the matter. [17508/13]
Amharc ar fhreagraThe Garda Commissioner is responsible for the detailed allocation of resources throughout the Garda organisation. The allocation of Garda personnel is determined through a process of ongoing analysis of existing and emerging crime trends and other policing demands, at both District and Divisional level. This process enables Garda management to continually develop and refine their operational response, including appropriate patrolling regimes, to ensure that optimum use is made of available Garda resources and the best possible Garda service is provided to the public. The deployment of Garda vehicles is, equally, a matter for the Commissioner. In turn, at Garda Divisional level, the allocation of Garda vehicles is undertaken by the Chief Superintendent who may make and revise arrangements for the deployment of vehicles throughout the Division in response to policing demands. This flexibility in allocating and re-allocating vehicles among stations, so as to best match the allocation of resources with policing priorities, is essential to the efficient management of the Garda fleet.
The Deputy will be aware that I made an additional €3 million available to An Garda Síochána towards the end of last year enabling the Commissioner to procure a further 171 Garda vehicles. This brought total investment in the Garda fleet in 2012 to €4 million and resulted in a total of 213 new vehicles being procured during the year. In addition, a further allocation of €5 million has been provided 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. I am informed by the Garda authorities that the roll out of the most recently purchased vehicles has been completed and they are satisfied that the current patrolling arrangements in place meet their operational policing requirements.
957. Deputy Brendan Griffin asked the Minister for Justice and Equality the number of cases referred to the Garda Ombudsman in each of the years 2010, 2011 and 2012; and if he will make a statement on the matter. [17509/13]
Amharc ar fhreagra958. Deputy Brendan Griffin asked the Minister for Justice and Equality the average total time it takes the Garda Ombudsman, from the time of initiating investigation to a final decision being issued; if he is satisfied with these times; and if he will make a statement on the matter. [17510/13]
Amharc ar fhreagra959. Deputy Brendan Griffin asked the Minister for Justice and Equality the action taken when parties are found by the Garda Ombudsman to have made false allegations against members of an Garda Síochána; his views on whether there are adequate deterrents to prevent parties from making false allegations; and if he will make a statement on the matter. [17511/13]
Amharc ar fhreagraI propose to take Questions Nos. 957 to 959, inclusive, together.
In 2010 the Garda Síochána Ombudsman Commission received 2,258 complaints from members of the public and 103 referrals by the Garda Commissioner relating to the conduct of a Garda member which may have resulted in the death of or serious harm to an individual. The figures for 2011 are 2,275 and 90 respectively. The figures for 2012 will be contained in the Ombudsman Commission's annual report for that year which is expected to be published shortly. Complaints investigated by the Ombudsman Commission may involve alleged offences or, alternatively, allege misconduct by a Garda member which does not involve an offence. The Ombudsman Commission must conduct the investigation itself if the matter complained of involves a potential criminal offence. Where the complaint does not relate to an offence, the Ombudsman Commission is empowered to devolve the investigation to the Gardaí and the Ombudsman Commission may supervise such investigations. Thus, the time taken by the Ombudsman Commission to initiate and complete investigations can vary widely depending on the particular aspects of each individual investigation being carried out. Accordingly, it is not possible to give any meaningful average length of time for concluding an investigation initiated by the Ombudsman Commission.
Section 110 of the Garda Síochána Act 2005 provides that a person who, in relation to a complaint or investigation, provides to the Ombudsman Commission information that the person knows to be false or misleading is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both. Prosecutions for this offence must be instituted by, or with the consent of, the DPP on referral of the matter to the DPP by the Ombudsman Commission. Since commencement of operations the Ombudsman Commission has referred files relating to 27 individuals (18 civilians and 9 Gardaí) identifying possible breaches of section 110. In the case of the 18 civilians, 8 were directed for prosecution by the DPP. There have been 4 convictions, a further three cases are pending before the courts and one case was withdrawn by the DPP. In the case of the 9 Gardaí, the DPP directed a prosecution in 1 case and the accused was acquitted.
960. Deputy Brendan Griffin asked the Minister for Justice and Equality if he will review the policy of decommissioning Garda vehicles that have reached the 300,000 kilometre mark; if he will consider testing such cars individually in an effort to avoid wasting vehicles that are roadworthy and fit for purpose; if he will state what is physically done with Garda vehicles that reach the 300,000 kilometre mark; and if he will make a statement on the matter. [17512/13]
Amharc ar fhreagraDecisions in relation to the provision and deployment of Garda transport are matters for the Garda Commissioner. I am informed by the Garda authorities that it is a priority that all Garda operational vehicles fully meet the safety requirements of both Garda personnel and members of the public. This is a function which is undertaken in accordance with strict standards set by the vehicle manufacturers. I understand from the Garda authorities that the relevant manufacturers have indicated that, for safety reasons, certain patrol vehicles should be withdrawn from service when the odometer reading reaches 300,000 kilometres. Accordingly, this is the operational policy that is applied by the Garda authorities. Garda vehicles which have been withdrawn from service having reached 300,000 kilometres are disposed of through an authorised recycling centre.
961. Deputy Brendan Griffin asked the Minister for Justice and Equality the revenue that has been raised by the State over the past five years, with a year by year breakdown, through on the spot fines that have been issued by Gardaí; and if he will make a statement on the matter. [17513/13]
Amharc ar fhreagraThe collection of payments under the Fixed Charge Processing System was outsourced to An Post in January 2006. I am informed by the Garda authorities that information provided by An Post details the amount collected in respect of all fixed charge offence notices that attract penalty points, as well as those that do not. These are referred to as Declaration Notices and Non-Declaration Notices respectively. Declaration Notices refer to relevant road traffic offences. Non-Declaration Notices include relevant traffic and public order offences. The amounts collected in respect of Declaration Notices and Non-Declaration Notices for each of the years from 2008 to 2012 are illustrated in the table.
Amounts collected in respect of Fixed Charge Offence Notices in each of the years from 2008 to 2012.
|
Year |
Number of Declaration Notices* |
Number of Non- Declaration Notices |
Gross amount collected Declaration Notices* |
Gross amount collected Non- Declaration Notices |
An Post Charges All Notices |
Net Amount Collected All Notices |
|
2008 |
208,772 |
111,134 |
€16,535,460 |
€6,132,840 |
€933,989 |
€21,734,311 |
|
2009 |
199,221 |
103,999 |
€16,041,980 |
€5,921,230 |
€1,175,410 |
€20,787,800 |
|
2010 |
180,372 |
93,026 |
€14,456,460 |
€5,428,710 |
€814,105 |
€19,071,065 |
|
2011 |
243,705 |
78,478 |
€19,796,090 |
€4,682,380 |
€1,192,849 |
€23,285,621 |
|
2012 |
216,265 |
71,972 |
€17,611,570 |
€4,565,720 |
€948,515 |
€21,228,775 |
*Fixed Charge Notices which attract penalty points
962. Deputy Anne Ferris asked the Minister for Justice and Equality his plans to address the lack of recognition for forensic pathology training here; whether he intends to reform the inquest system; and if he will make a statement on the matter. [17628/13]
Amharc ar fhreagraI wish to inform the Deputy that the issue she has raised arises in the context of the recognition of forensic pathology as a speciality in its own right. It is not recognised as such in Ireland at the present time. Recognition is a matter for the Medical Council and is being pursued with the Council with a view to ensuring that the State, with a view to succession planning, is in a position to train its own cadre of specialists in forensic pathology.
In regard to the question of reform of the inquest system, I can assure the Deputy that while the hearing of an inquest takes place in a public forum and a verdict of a coroner's court is one of public record, coroners are very aware of and sensitive to the tragic circumstances of cases before them and how difficult and traumatic the experience of attending an inquest may be for family members. I am satisfied that Coroners endeavour to treat each case sympathetically and that they do everything that they can to help families contribute to an inquest, as appropriate. The Coroners Review Group which reviewed the Coroner Service and reported in 2000 did not recommend that any particular category of inquest be held other than in public, which has always been the position in this State. The recommendations made by that Group provide the primary basis for the proposals contained in the Coroners Bill 2007 which is before the Seanad having been restored to the Order Paper on my initiative.
963. Deputy Anne Ferris asked the Minister for Justice and Equality if he will address recent criticisms regarding the Criminal Justice Act as it related to the appropriateness of compensation as a mitigating factor in sexual assault sentencing; and if he will make a statement on the matter. [17629/13]
Amharc ar fhreagraIt would appear that the Deputy's question relates to the Martin Tansey Memorial Lecture on 10 April last entitled "Throw Away the Key: Public and Judicial Approaches to Sentencing - Towards Reconciliation" and specifically, references made to section 6 of the Criminal Justice Act 1993. This provides for the making of a compensation order (on application or otherwise) against a convicted person by the court instead of or in addition to dealing with the person in any other way, unless it sees reason to the contrary. This was one of a range of topics relating to sentencing discussed in the course of the lecture.
In September 2012, I announced a strategic review of penal policy. A working group is carrying out this review which will examine all aspects of penal policy, including sentencing. I expect the group to report later this year. The speech delivered last week is a useful addition to the current debate on sentencing. I am also awaiting a report from the Law Reform Commission on the issue of mandatory sentencing and will not be making any decisions on sentencing policy until I receive both these reports.
964. Deputy Michael Lowry asked the Minister for Justice and Equality if his attention has been drawn to an application for permission to remain in the State, Stamp 4, in respect of a person (details supplied) in County Tipperary; the current status of this application; if he will confirm whether this individual can take up work experience as prescribed by their college course; when a decision will be reached in this matter; and if he will make a statement on the matter. [17630/13]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service that the person referred to by the Deputy made an application for a change of status on the 18 January 2013. The application is receiving attention and my Department will be in touch with the applicant shortly. 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.
