Thursday, 13 Jun 2013

Written Answers Nos. 17-25

Garda Recruitment

Ceisteanna (17)

Billy Kelleher

Ceist:

17. Deputy Billy Kelleher asked the Minister for Justice and Equality his plans to commence Garda recruitment; and if he will make a statement on the matter. [28277/13]

Freagraí scríofa

Minister for Justice and Equality

It is of course the case that a resumption of Garda recruitment, at a time when both overall headcount and the size of the pay bill in the public service must be reduced, would have financial implications that must be managed within the overall resources available to Government. In that context, it is important that the LRC proposals, or what is now known as the Haddington Road Agreement, on saving €1 billion from the public service pay bill, including €300 million this year are fully implemented. I am aware that the Garda associations are currently balloting their members, and I will await the outcome of this process.

Importantly, those proposals contain provisions for a review of the Garda Síochána which would start in September and would include an examination of the structure, organisation and staffing of An Garda Síochána. The outcome of such a review would be an important determining factor in any final decision on Garda staffing levels.

However, and whatever the approved staffing complement might be at any time, I do believe that it is important for an organisation such as the Garda Síochána to have some regular intakes of new recruits, even if on a modest scale. I am currently engaged in discussion with my colleague, the Minister for Public Expenditure and Reform, to see how this aim can best be progressed.

I do have to again remind the House, however, that the expenditure ceilings for the years 2012 to 2014 planned by the last Government would have resulted in an average of €90 million less for the Garda Síochána budget each year for 2012, 2013 and 2014 than is the case under this Government. Such a scenario would have necessitated a significant further reduction, rather than an increase, in Garda strength.

Residential Institutions Redress Scheme

Ceisteanna (18)

Mary Lou McDonald

Ceist:

18. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the date by which he will conclude his consideration of an apology and redress for the small number of surviving men and women of Bethany Home. [28247/13]

Freagraí scríofa

Minister for Justice and Equality

I met with members of the Bethany Survivors Group together with Minister for State Kathleen Lynch on Tuesday 16 April. The group raised the question of their inclusion within the Residential Institutions Redress scheme or a similar type scheme designed for children who had been in the Bethany Home. They also raised the question of access to personal records, a memorial and an apology.

Many of the issues raised fall outside the remit of my Department. However, I informed the group that I would consider the matter in consultation with my cabinet colleagues and revert back to them. Minister Lynch and I are currently in the process of this consultation and hope to be in a position to respond to the Bethany Survivors Group very soon.

Garda Síochána Ombudsman Commission Remit

Ceisteanna (19, 28)

Mick Wallace

Ceist:

19. Deputy Mick Wallace asked the Minister for Justice and Equality his response to the recommendation made by the UN Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya, following her mission to Ireland in November 2012 that section 106, part 4 of the Garda Síochána Act 2005 should be repealed in order to ensure the full independence of the Garda Síochána Ombudsman Commission; if he has considered establishing an independent police authority; if he has considered any reforms of the structures and formality surrounding the relationship between his office and the Office of the Garda Commissioner; and if he will make a statement on the matter. [28218/13]

Sandra McLellan

Ceist:

28. Deputy Sandra McLellan asked the Minister for Justice and Equality his views on the recent calls by the Garda Representative Association for an independent policing authority here; and if he will make a statement on the matter. [28229/13]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 19 and 28 together.

The Garda Síochána Ombudsman Commission was established under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of the Garda Síochána. For the purpose of preventing complaints arising or of reducing the number of complaints, the Minister under section 106 may request the Garda Ombudsman Commission to examine a practice, policy or procedure of the Garda Síochána. This request may be made on the Minister's own initiative or following a recommendation by the Garda Ombudsman Commission. While I will certainly consider the suggestion which has been made that the Garda Ombudsman Commission should be enabled to carry out such an examination on its own initiative, it is worth emphasising that, in its core role in the oversight of the investigation of complaints against members of the Garda Síochána, the Garda Ombudsman Commission may not only investigate any complaint itself, but may also, even in the absence of a complaint, and if it appears to it to be desirable in the public interest to do so, investigate any matter that appears to it to indicate that a member may have committed an offence or behaved in a manner that would justify disciplinary hearings.

The Garda Síochána Act 2005 has clarified the roles and responsibilities of the Minister and the Garda Commissioner in relation to an Garda Síochána, and the relationship between them. The Act provides that the Garda Commissioner is accountable to the Minister for the performance of the Commissioner's functions and those of the Garda Síochána, and of course the Minister is in turn accountable to Dáil Éireann. The Act also made the Commissioner the Accounting Officer for the Force, and liable in that capacity to appear before the Committee of Public Accounts. I have no current plans to alter this accountability structure.

Irish Naturalisation and Immigration Service Administration

Ceisteanna (20)

Richard Boyd Barrett

Ceist:

20. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if he will provide an update on the backlog in naturalisation applications in view of the fact that a person (details supplied) has been waiting since December 2010 and the only answer the Irish Naturalisation and Immigration Service will provide in response to inquiries is that this person will be contacted in due course; and if he will make a statement on the matter. [28273/13]

Freagraí scríofa

Minister for Justice and Equality

When I came into office in March 2011 one of my immediate priorities was to address the large backlog of citizenship applications for naturalisation pending a decision that had built up over several years. At that time there were approximately 22,000 applications awaiting decision, many of which had been waiting for 3 years or longer.

Notwithstanding the significant increase in the volume of valid applications received from 12,500 in 2010 to just under 20,000 in 2012 – an increase of almost 60%, more than 55,000 decisions on naturalisation applications have been made since I came into office and 25,000 certificates for naturalisation were issued last year alone. It is my intention that we continue to build on this success this year and, in this regard, over 15,000 valid applications have been decided to date in 2013.

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in December 2010.

The application is at an advanced stage of processing and I am advised will be submitted to me for decision shortly. While good progress continues to be made in reducing the large volume of cases on hands, the nature of the naturalisation process is such that for a broad range of reasons some cases will take longer than others to process. It is a statutory requirement that, inter alia, applicants for naturalisation be of good character. In some instances that can be established relatively quickly and in other cases completing the necessary checks can take a considerable period of time.

It is my objective that the vast majority of applications be determined within 6 months of receipt. Achieving this can also be delayed by applicants failing to furnish necessary documents or the need to seek additional information on foot of an application received.

Immigration Status

Ceisteanna (21)

Gerry Adams

Ceist:

21. Deputy Gerry Adams asked the Minister for Justice and Equality if he will ensure that young persons who are resident in Ireland for many years are issued with a Stamp 4 leave to remain rather than a Stamp 4 leave to remain IBC to enable them to avail of access to student grants and payment of registration fees and to enter third level education rather than being on the dole. [28228/13]

Freagraí scríofa

Minister for Justice and Equality

I wish to advise the Deputy that the categories of non-EEA nationals who qualify for educational supports are determined by the Department of Education and Skills. It is for that Department and the bodies operating under its aegis to decide on the criteria that must be satisfied before any educational support can be made available. Neither I, as Minister, nor my Department have any function in such matters.

Insofar as the Immigration Service is concerned the granting of an Immigration Stamp 4 denotes that the holder has an immigration permission to be in the State and the right to work without the need for an Employment Permit. It does not confer on the holder an entitlement to any particular public service or funding. Such matters are determined by the relevant Government Departments or State agencies. Accordingly, it would be highly irregular for my Department to re-categorise the basis on which any Immigration Stamp was granted in circumstances where the sole objective is to circumvent the eligibility criteria for access to State services or supports set down by another Government Department.

Domestic Violence Policy

Ceisteanna (22, 29, 44)

Caoimhghín Ó Caoláin

Ceist:

22. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality if he will consider removing the property test for cohabitants applying for a barring order, at the very least in cases when it conflicts with the best interest of the children of the family. [28238/13]

Aengus Ó Snodaigh

Ceist:

29. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality his plans to amend the Domestic Violence Act 1996 to further extend the eligibility for safety orders to all parties who are or have been in an intimate relationship, regardless of cohabitation. [28236/13]

Caoimhghín Ó Caoláin

Ceist:

44. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality his plans to include a provision in the Domestic Violence Act to allow for the Garda to apply for emergency orders to an on-call judge, where, if requested, a garda attending a domestic violence incident can authorise the calling of an on-call judge to apply for an emergency barring order. [28237/13]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 22, 29 and 44 together.

The Programme for Government contains a 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.

Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, is currently considering a wide range of proposals including proposals from voluntary sector organisations. I understand that the proposals mentioned by the deputies have all been put forward for consideration as part of the process.

I look forward to receiving and examining a package of workable and effective proposals for the legislation.

The development of the consolidated and reformed legislation will be progressed as soon as possible having regard to the need for the on-going consultations and other legislative priorities in my Department.

Penalty Points System Investigation

Ceisteanna (23)

Clare Daly

Ceist:

23. Deputy Clare Daly asked the Minister for Justice and Equality if he is committed to implementing in full and within the timeframe of three months the recommendations of the Garda Professional Standards Unit on the cancellation of penalty points; and if not, the reason for same and his alternative methods for dealing with the shortcomings identified. [28222/13]

Freagraí scríofa

Minister for Justice and Equality

The report by the Professional Standards Unit of the Garda Síochána is an examination of the processes and systems in place to deal with the cancellation of fixed change notices. The examination was directed by the Garda Commissioner arising from the allegations relating to the cancellation of penalty points. This report is additional to Assistant Commissioner John O'Mahoney's report of the examination into the allegations concerning the cancellation of penalty points. These two reports, one containing an overview of the fixed charge processing system and one relating to specific allegations, have been provided to the Garda Síochána Inspectorate and to the Joint Oireachtas Committee on Justice, Defence and Equality for their consideration and advice on any further recommendations or procedural or legislative changes which are desirable in this area. I am also consulting with my colleague, the Minster for Transport in this matter. I am absolutely committed to the introduction of whatever improvements are necessary to ensure continuing public confidence in the fairness and integrity of road traffic laws.

Crime Levels

Ceisteanna (24, 125)

Bernard Durkan

Ceist:

24. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the number of crimes committed by prisoners while on bail continues to be monitored by his Department; the number of such incidents recorded in each of the past five years to date; the number of recidivistic incidents; the action taken or intended to address such issues; and if he will make a statement on the matter. [28372/13]

Bernard Durkan

Ceist:

125. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which crime continues to be committed by persons while on bail, with particular reference to criminal gangs involved in serious crime; and if he will make a statement on the matter. [28467/13]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 24 and 125 together.

I share the public concern about the extent to which offences continue to be committed by persons on bail and can assure the Deputy that the Garda authorities closely monitor these and all other offending patterns and trends.

As the Deputy will be aware, the criminal law takes a serious view of offences committed by persons on bail. Section 11 of the Criminal Justice Act 1984 provides that any sentence of imprisonment passed on a person for an offence committed while on bail must be consecutive on any sentence passed on him or her for a previous offence, or on the sentence last due to expire, if more than one is being served. It also provides that the fact that an offence was committed while on bail must be treated as an aggravating factor at sentencing and that the court shall impose a sentence that is greater than that which would have been imposed otherwise, unless there are exceptional circumstances.

A decision to grant bail in a particular case is a matter for the court, which is, subject only to the Constitution and the law, independent in the exercise of its judicial functions. There is a constitutional presumption in favour of bail, since, in the eyes of the law, a person is innocent until proven guilty. The provisions of the European Convention on Human Rights also restrict the extent to which the right to bail can be limited.

Prior to the Sixteenth Amendment of the Constitution, bail could be refused essentially only on the grounds that a person would be likely to abscond or interfere with witnesses. The Bail Act 1997, which gave effect to the terms of the Sixteenth Amendment of the Constitution, provides for the refusal of bail to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person.

In addition, section 6 of that Act, as amended by section 9 of the Criminal Justice Act 2007, provides that every bail recognisance is subject to the condition that the accused person shall not commit an offence while on bail.

I believe that bail law must be continually reviewed to ensure that all possible avenues are taken to protect the public against the commission of crime, particularly serious crime, by persons on bail.

Accordingly, my Department has been engaged in work to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law. In the context of that modernisation of the law, I will be seeking to restructure the law so that it has a focus on the protection of the individual and of the public. My intention is that the new proposals will provide better guidance to the courts on how such protection might be provided. I am also taking the opportunity to introduce some general improvements to bail law to improve the overall working of the bail system. I intend to bring proposals to Government on the matter as soon as possible, having regard to other legislative priorities.

In relation to the statistics requested by the Deputy. the Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide relevant statistics directly to the Deputy.

Human Trafficking

Ceisteanna (25)

Peadar Tóibín

Ceist:

25. Deputy Peadar Tóibín asked the Minister for Justice and Equality when the 2012 report on human trafficking, including figures for identified victims, will be published by his Department; and if he will make a statement on the matter. [28233/13]

Freagraí scríofa

Minister for Justice and Equality

The Annual Report for Trafficking in Human Beings in Ireland for 2012 is currently being finalised and will be published shortly.

The 2012 Annual Report will be the fourth such report to be produced by the Anti-Human Trafficking Unit in my Department. The Report will be based, as in previous years, on information gathered from An Garda Síochána and Non-Governmental Organisations working in this area, which is then collated and analysed by the Anti Human Trafficking Unit. The 2012 report and appendices will include information concerning victims of human trafficking reported to An Garda Síochána and NGOs disaggregated in terms of gender, age, region of origin, immigration status, nature of exploitation and status of investigations. Information is further disaggregated according to the Non-Governmental Organisation providing the reports. Information on the various aspects of the criminal justice response to human trafficking will also be provided.

When finalised, the 2012 Annual Report will be published on the dedicated anti-human trafficking website blueblindfold.gov.ie.