Written Answers Nos. 647 - 657
647. Deputy Robert Dowds asked the Minister for Justice and Equality if he intends to sign the Council of Europe Convention on Preventing and Combatting Violence against Women and Domestic Violence CETS No. 210; and if he will make a statement on the matter. [27227/13]
Amharc ar fhreagra648. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when he intends to sign and ratify the Council of Europe European Convention on Preventing and Combating Violence against Women and Domestic Violence, in view of the scale and prevalence of domestic violence here; and if he will make a statement on the matter. [27259/13]
Amharc ar fhreagra661. Deputy Clare Daly asked the Minister for Justice and Equality if he will ensure that Ireland signs up to the European Convention on preventing and combatting violence against women and domestic violence before our term at EU Presidency ends. [27131/13]
Amharc ar fhreagra662. Deputy Paschal Donohoe asked the Minister for Justice and Equality if he will outline the constitutional difficulties identified by his Department in respect of Ireland's ability to sign up to and ratify the European Convention on preventing and combating violence against women and domestic violence; and if he will make a statement on the matter. [27134/13]
Amharc ar fhreagra666. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality his plans to sign up to the European Convention on Preventing Violence Against Women and Domestic Violence; the date on which he plans to do same; and if he will make a statement on the matter. [27161/13]
Amharc ar fhreagra667. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will sign the European Convention on Violence against Women before Ireland's EU Presidency ends; and if he will make a statement on the matter. [27179/13]
Amharc ar fhreagra672. Deputy Patrick Nulty asked the Minister for Justice and Equality if he will sign the European Convention on Preventing and Combating Violence against Women and Domestic Violence [27257/13]
Amharc ar fhreagra678. Deputy Colm Keaveney asked the Minister for Justice and Equality when the Government intends to sign the European Convention on Preventing and Combatting Violence Against Women; and if he will make a statement on the matter. [27314/13]
Amharc ar fhreagra681. Deputy Robert Troy asked the Minister for Justice and Equality if he will sign the European Convention on Preventing and Combatting Violence against Women and Domestic Violence as it is a fact that one on five women have been subjected to domestic violence here; and if he will take every necessary measure to reduce this number. [27319/13]
Amharc ar fhreagra683. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will sign the European Convention on Preventing and Combating Violence against Women before Ireland’s EU Presidency ends; and if he will make a statement on the matter. [27334/13]
Amharc ar fhreagra713. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality when Ireland will sign and ratify the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence as Ireland holds the EU Presidency and in view of the scale and prevalence of domestic violence here; and if he will make a statement on the matter. [27408/13]
Amharc ar fhreagra718. Deputy Michael Creed asked the Minister for Justice and Equality if he intends to sign the European Convention on Violence against Women; and if he will make a statement on the matter. [27422/13]
Amharc ar fhreagra719. Deputy Róisín Shortall asked the Minister for Justice and Equality the reasons for the delay in signing the European Convention on Preventing and Combating Violence against Women and Domestic Violence; and the target month in 2013 he is working to to have this Convention signed. [27424/13]
Amharc ar fhreagra723. Deputy Mary Lou McDonald asked the Minister for Justice and Equality in view of the scale and prevalence of domestic abuse here, if he will sign the European Convention on Preventing and Combating Violence against Women and Domestic Violence on behalf of the State before Ireland’s EU Presidency concludes; his views on the fact that Ireland remains one of the minority number of countries who have thus far failed to sign up to the Convention since it opened for signature in May 2011. [27445/13]
Amharc ar fhreagra729. Deputy Finian McGrath asked the Minister for Justice and Equality if he will sign the European Convention on Violence Against Women. [27531/13]
Amharc ar fhreagra730. Deputy Michael McGrath asked the Minister for Justice and Equality his plans to sign the European Convention on Preventing and Combating Violence against Women and Domestic Violence; and if he will make a statement on the matter. [27576/13]
Amharc ar fhreagra734. Deputy John Halligan asked the Minister for Justice and Equality if he will make good the commitments made by previous successive Governments and commit to signing the European Convention on Preventing and Combatting Violence Against Women and domestic violence (details supplied); and if he will make a statement on the matter. [27669/13]
Amharc ar fhreagra737. Deputy Billy Timmins asked the Minister for Justice and Equality the position regarding signing the European Convention on Preventing and Combating Violence Against Women and Domestic Violence (details supplied); and if he will make a statement on the matter. [27690/13]
Amharc ar fhreagra739. Deputy Tom Fleming asked the Minister for Justice and Equality if he will address the situation whereby Ireland have not yet signed The European Convention on Violence (details supplied); and if he will make a statement on the matter. [27731/13]
Amharc ar fhreagraI propose to take Questions Nos. 647, 648, 661, 662, 666, 667, 672, 678, 681, 683, 713, 718, 719, 723, 729, 730, 734, 737 and 739 together.
Ireland supports, in principle, the aims and terms of the Council of Europe Convention on preventing and combating violence against women and domestic violence.
It is a detailed Convention with a very broad scope across a number of policy areas with potential policy and legislative implications. The provisions of the Convention and the legislative and administrative arrangements that would be necessary to allow signature and ratification of the Convention by Ireland are being examined in conjunction with the government commitment to introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence, threatened violence and intimidation, in a way that provides protection to victims.
However, a particular difficulty to be addressed in Ireland’s consideration of the Convention relates to reconciling property rights under the Irish constitution with the requirement under Article 52 of the Convention - the availability of emergency barring orders. The development of the consolidated and reformed legislation, including consideration of the Convention provisions, will be progressed as soon as possible having regard to the need for consultations and other legislative priorities in my Department.
I should also inform you that, to date, 30 Council of Europe member states have signed the Convention of which four have ratified it. Of these just one EU member state, Portugal, has as yet ratified the convention. The convention has not yet entered into force as this requires at least ten ratifications, including 8 Council of Europe member states.
649. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if he will add the issue of assisted suicide to the legislative agenda, in view of the Supreme Court judgment in the case of a person (details supplied), on the issue of assisted suicide; and if he will make a statement on the matter. [26805/13]
Amharc ar fhreagraThe Supreme Court in its judgment in Fleming v Ireland and Others (delivered on 29 April last) upheld the constitutionality of section 2(2) of the Criminal Law (Suicide) Act 1993. Section 2(2) provides for the offence of assisted suicide.
While acknowledging the very distressing situation of the appellant, the Court held that there is no constitutional right to commit suicide or to arrange for the ending of one’s life at a time of one’s choosing. The Court further held that it is not possible to identify a constitutional right for a limited class of persons which in this case would refer to disabled persons suffering severe pain arising from a terminal and degenerative illness, who have the capacity to consent and wish to have the assistance of a third party to end their lives. Submissions to the effect that the prohibition on assisted suicide was discriminatory and contrary to the European Convention on Human Rights were also rejected.
As a consequence of the judgment, the offence of assisting another to take his or her life under section 2(2) remains in place. The DPP's consent is required before a prosecution for this offence may be initiated. On conviction a person is liable to a sentence of imprisonment for a term not exceeding 14 years. The actual sentence imposed, for example in terms of its length and whether it is required to be served in prison or is suspended, is a matter for the sentencing judge having regard to the circumstances of the offence and the offender.
While it is the case that the Court clarified that its judgment should not be interpreted as necessarily implying that it is not open to the Oireachtas to legislate for assisted suicide (assuming appropriate safeguards could be implemented), there are undoubtedly differing views both within and outside the House on whether amending legislation on this matter and, indeed, on euthanasia, would be desirable.
I mention euthanasia as any consideration of decriminalising assisted suicide for the limited class of persons at issue in the proceedings would most likely have to include consideration of how terminally ill persons who are physically unable to take the final step themselves would be facilitated to die at a time of their choosing.
These complex policy questions require an assessment of the competing interests of the individual and the public interest in safeguarding persons who are nearing the end of their lives and who might be vulnerable and at risk of abuse. While no-one could but be moved by the plight of the appellant and persons similarly situated, I am obliged to have regard to the wider public interest, and I am satisfied that section 2(2) as it stands is justified by the need to safeguard persons who are vulnerable and weak. Accordingly, I have no plans to bring forward legislative proposals.
650. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the current policy in relation to the making of decisions on applications for Irish residency from Latvian persons who hold Latvian alien passports but who have been living here for many years; the extent to which he uses his discretion to grant residency to applicants who hold passports of this nature; if, in view of the unusual nature of Latvian alien passports, that this situation is taken into account by the Irish authorities when a holder of such a passport applies for Irish naturalisation; and if he will make a statement on the matter. [26984/13]
Amharc ar fhreagraThere is no special or separate policy in place as regards holders of Latvian Alien Passports who wish to be considered for naturalisation or are seeking residence. These persons are treated in the same way as any non-EEA national who applies for residence/naturalisation and such applications are considered on an individual basis taking into account the varying circumstances that pertain. As in all applications for residence or naturalisation, decisions are based on a case by case basis having considered all the relevant factors. Over the years a number of such persons have become naturalised, while others have obtained residence and registered with the Garda National Immigration Bureau.
If the Deputy has a particular case in mind he should contact the Irish Naturalisation and Immigration Service with the necessary details and the case will be examined by my officials.
651. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding the 2009 legislation regarding transferring the Coroner department out of local authorities and into the Department of Justice and Equality (details supplied). [27011/13]
Amharc ar fhreagra687. Deputy Tom Fleming asked the Minister for Justice and Equality when he proposes to enact the 2007 Coroners Bill; when he will bring the matter of payment of coroners' fees and expenses under the remit of his Department; his views on whether local authorities should not be responsible for these payments in view of the fact that the role of coroners has nothing to do with the workload of local authorities in the first instance; and if he will make a statement on the matter. [26757/13]
Amharc ar fhreagraI propose to take Questions Nos. 651 and 687 together.
The Coroners Bill 2007 is before the Seanad having been restored to the Order Paper on my initiative. The Bill is in the course of being reviewed with a view, among other matters, to making it as cost-effective as possible. All administrative matters in regard to coroners, including in regard to funding and the role of the local authorities, are being examined in the context of the review.
The Bill, as published, provides for the comprehensive reform of the existing legislation and structures relating to coroners and provides for the establishment of a new Coroner Service. The Bill incorporates many of the recommendations made by the Coroners Review Group in 2000 and the Coroners Rules Committee in 2003. It will permit the State to better provide for the fulfilment of its obligations under the European Convention on Human Rights and, in particular, in regard to the Article 2 requirement to ensure an effective investigation of deaths of persons where the circumstances of the death may involve the State.
The key elements of the Bill include
- enhancing inquiry and inquest processes,
- establishing the office of Chief Coroner to provide leadership and direction in all coronial matters;
- providing the necessary legal framework for the establishment of a new Coroner Service;
- moving to a smaller number of full-time coroners;
- statutory requirement to ensure that family members are notified at significant steps of the coronial process;
- clarifying a specific regime for coroner post-mortem examinations, including provision for retention and release of body parts and bodily samples, and
- promoting cooperation between coroners and other agencies also involved in investigations of deaths.
I would hope to be in a position to progress the Coroners Bill this year. As an early measure, I have indicated that the Courts Bill 2013 will include an amendment to the Civil Legal Aid Act 1995 to provide for the provision of legal advice and legal aid in respect of certain inquests.
The Civil Law (Miscellaneous Provisions) Act 2011 also provided for some early reforms in coronial matters, including an amalgamation of the Dublin County and City coronial districts.
652. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 718 of 23 October 2012, if the technical and administrative measures required to commence section 44 of the Road Traffic Act 2010 have been evaluated and resolved; and when the section will now be commenced. [27490/13]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
653. Deputy Denis Naughten asked the Minister for Justice and Equality his plans to relocate part of the Garda Training College to Custume barracks, Athlone, County Westmeath; and if he will make a statement on the matter. [27903/13]
Amharc ar fhreagra748. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality his plans, if any, to transfer the Garda training unit from its current location in Templemore; if so, to what location; and if he will make a statement on the matter. [27940/13]
Amharc ar fhreagraI propose to take Questions Nos. 653 and 748 together.
There are no plans to relocate or transfer any part of the Garda Training College in Templemore from its current location.
654. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality his views on concerns raised in correspondence (details supplied) regarding boy racers; and if he will make a statement on the matter. [28375/13]
Amharc ar fhreagra664. Deputy Finian McGrath asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding boy racers. [27156/13]
Amharc ar fhreagra740. Deputy Dara Calleary asked the Minister for Justice and Equality if he is in receipt of correspondence from a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [27744/13]
Amharc ar fhreagraI propose to take Questions Nos. 654, 664 and 740 together.
I have requested a report from the Garda authorities in relation to the matters raised in the correspondence referred to by the the Deputy. I will contact the Deputies directly as soon as the report is to hand.
655. Deputy Finian McGrath asked the Minister for Justice and Equality if any alterations were made to the Stardust fire tragedy report (details supplied) in view of the fact that the families have concerns. [27107/13]
Amharc ar fhreagra749. Deputy Thomas P. Broughan asked the Minister for Justice and Equality in view of the recent new information on the Coffey Report and the research carried out on the Stardust disaster of 1981 during recent years, if he will now establish a Commission of Investigation into the matter under the McDowell legislation; and if he will make a statement on the matter. [27944/13]
Amharc ar fhreagraI propose to take Questions Nos. 655 and 749 together.
As the Deputies are aware, Mr. Paul Coffey SC was appointed in 2008 by the then Government, with the agreement of the Victims Committee, to review the case made by the Committee for a new inquiry into the fire.
Mr. Coffey publicly invited submissions from all interested parties and the Committee gave oral evidence over three days and made written submissions as to their case for a new inquiry. His report was published in January 2009. He concluded that the original Tribunal finding of arson was a hypothetical one only and that no-one present on the night can be held responsible. He further concluded that in the absence of any identified evidence as to the cause of the fire, the most another inquiry could achieve would be another set of hypothetical findings, which would not be in the public interest. The then Government accepted Mr. Coffey’s findings and motions were passed in both Houses of the Oireachtas endorsing his conclusions and expressing sympathy with the families. No grounds have been put forward to alter that situation.
Insofar as the receipt of the report is concerned, the position is that Mr. Coffey’s final report was submitted on 7 January 2009. An earlier draft of the report had been submitted on 10 December, dated 8 December on the basis that Mr. Coffey had asked to be permitted to make amendments for the purposes of correction, accuracy and clarification prior to its publication. For the avoidance of any doubt, I should make it clear that no attempt was made to influence Mr. Coffey’s drafting or to suggest any amendments. It is the report of 7 January which represents Mr. Coffey’s final and entirely independent advice to the Government on this matter.
656. Deputy Finian McGrath asked the Minister for Justice and Equality his plans to deal with the issue of drug dealers grooming teenagers for the sale and distribution of drugs and making them take responsibility for drug deals instead of the adult dealer; and if this will be made a criminal act. [27108/13]
Amharc ar fhreagraI wish to advise the Deputy that there are already in place a number of legislative provisions aimed at those who assist offenders, or who solicit or incite others to engage in criminal activity.
Under section 7 of the Criminal Law Act 1997 any person who aids, abets, counsels or procures the commission of an indictable offence is liable to be indicted, tried and punished as a principal offender.
In addition, with particular regard to drug offences, section 21 of the Misuse of Drugs Act 1977 provides that any person who aids, abets, counsels or procures the commission of an offence under the Act, or who solicits or incites any other person to commit an offence under the Act is guilty of an offence. Such a person is liable to be prosecuted and punished as if he or she were convicted of the substantive offence. It is also worth recalling that alongside these legislative provisions we also have in place the legislative framework contained in the Children Act 2001, which operates with a focus on diversion from the criminal justice system, rehabilitation and preventing criminal behaviour.
As the Deputy may be aware, the Annual Report of the Committee appointed to Monitor the Effectiveness of the Garda Diversion Programme provides statistics for crimes committed by those under 18 years of age. Statistics from the latest (2011) Report show that a total of 196 referrals were made to the Diversion Programme for offences relating to possession of drugs for sale or supply.
I would also like to draw the Deputy's attention to the actions contained in the National Drugs Strategy 2009-2016. In accordance with action 7 of the Strategy, An Garda Síochána is developing a targeted strategic response to adults involved in the drugs trade who are using young people to engage in illegal activities associated with the trade.
657. Deputy Andrew Doyle asked the Minister for Justice and Equality further to Parliamentary Question No. 328 of 28 May 2013, the discussion he and officials in his Department have had to date regarding a proposal from the European Commission on a European Foundation; and if he will make a statement on the matter. [27114/13]
Amharc ar fhreagraA proposal for a Council Regulation on the Statute for a European Foundation was published by the European Commission on 8 February 2012. The proposal seeks to establish a new European legal form intended to facilitate the establishment and operations of foundations in the single European market. The proposal is currently under discussion at official level in the Competitiveness Council Working Party on Company Law.
