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Thursday, 18 Jul 2013

Written Answers Nos. 555-567

Garda Investigations

Ceisteanna (555)

Michael McGrath

Ceist:

555. Deputy Michael McGrath asked the Minister for Justice and Equality if the Garda Bureau of Fraud Investigation is currently in possession of all Anglo Irish Bank tapes that were recently published by the media; if the bureau intends to seek further tape recordings; and if he will make a statement on the matter. [36397/13]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that I have no role in relation to the detailed management of any criminal investigation and that it would not be appropriate for me to comment on the specifics of any criminal investigation or on the evidence obtained by the Gardaí in connection with any such investigation. On a general point, I would remind the Deputy that, shortly after taking up office I moved to introduce additional powers contained in the Criminal Justice Act 2011, to assist the Gardaí in obtaining information in complex investigations.

Question No. 556 answered with Question No. 508.
Question No. 557 answered with Question No. 503.

Legislative Process

Ceisteanna (558)

Regina Doherty

Ceist:

558. Deputy Regina Doherty asked the Minister for Justice and Equality if he will provide, in tabular form, the number of amendments to legislation he proposed during Committee and Report Stages in Seanad Éireann in 2012; if he will provide in tabular form the number of his amendments accepted; and if he will indicate in tabular form the number of amendments accepted from Members of the Seanad, broken down by Senator. [36440/13]

Amharc ar fhreagra

Freagraí scríofa

In view of the volume of legislation emanating from my Department and the number of amendments tabled in the Houses it would require a disproportionate amount of resources to extract the information sought by the Deputy from Departmental records. The information sought is, in any case, publicly available on the website of the Houses of the Oireachtas which traces the passage of each Bill, the amendments tabled by the sponsoring Minister and members and those agreed by each House.

Departmental Properties

Ceisteanna (559)

Catherine Murphy

Ceist:

559. Deputy Catherine Murphy asked the Minister for Justice and Equality if he will provide data on the offices either rented or owned by his Department and used for the work of probation officers stationed in the entire County of Kildare and other Counties individually; and if he will make a statement on the matter. [36444/13]

Amharc ar fhreagra

Freagraí scríofa

The information the Deputy is seeking is listed in the table beneath. All other main offices used by the Probation Service are managed by the OPW.

REGION

COUNTY

ADDRESS

South West

Cork

17 Audley Place,

Westview House*

St. Patrick's Hill

*owned by the Department

West/North West and Westmeath

Cavan

Unit 15

Churchview*

* leased by the Probation Service

Departmental Equipment

Ceisteanna (560)

Catherine Murphy

Ceist:

560. Deputy Catherine Murphy asked the Minister for Justice and Equality if he will provide data on the mobile technology equipment either rented or owned by his Department and used for the work of probation officers stationed in the entire County of Kildare and other counties individually; and if he will make a statement on the matter. [36446/13]

Amharc ar fhreagra

Freagraí scríofa

In terms of mobile technology facilitating front line services provided by the Probation Service, all Probation Officers in all 7 Operational Regions are provided with mobile phones. The provision of these services is obtained by public tender and provided under contract.

Sex Offenders Notification Requirements

Ceisteanna (561)

Catherine Murphy

Ceist:

561. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of sex offenders registered in the State broken down by Garda Division; if he will provide an outline of the way sex offenders within the Irish State and abroad are monitored and the services offered to them; and if he will make a statement on the matter. [36452/13]

Amharc ar fhreagra

Freagraí scríofa

The Sex Offenders Act 2001 contains a comprehensive series of provisions aimed at protecting children and other persons. Part 2 of the Act makes persons convicted of a range of sexual offences subject to notification requirements. The provisions of the Act also extend to any offenders convicted abroad of the same range of sexual offences who enter the State.

In this regard, I am informed by the Garda authorities that, as of 16 July 2013, there were 1,280 persons subject to the requirements of Part 2 of the Act. I am further informed that, as a matter of Garda operational and data policy, An Garda Síochána does not provide a break down of persons subject to the requirements of the Sex Offenders Act, 2001 on a county by county or Divisional basis. All offenders subject to the notification requirements are monitored by the Sex Offender Management and Intelligence Unit (SOMIU) at the Garda National Bureau of Criminal Investigation. The Unit is supported by Garda Inspectors nominated in each Garda Division throughout the State. I am informed that the nominated Inspector in each Division has access to all necessary resources within his/her Division to assist him/her in carrying out his/her duties. Where An Garda Síochána becomes aware that an offender subject to the notification requirements has breached those requirements, appropriate action is taken, including circulation through PULSE of their information, as well as inquiries to identify their current whereabouts. I am confident that the appropriate level of monitoring is carried out by An Garda Síochána and all breaches of the requirements which come to notice are pursued.

I can further advise the Deputy that sex offenders released from prison, who are subject to supervision by the Probation Service under a Post Release Supervision Order, are assessed while in custody by the Probation Service using a validated risk assessment instrument. The risk and needs identified in the assessment inform the development of the case management plan, which is then monitored and supervised by the Probation Service in the community. I am further advised that An Garda Síochána receives notifications regarding convicted sex offenders who travel to this country. When SOMIU receives such a notification, it is recorded on the Garda PULSE system and the relevant nominated Divisional Inspector is notified as a priority.

I am also informed that when the Garda authorities become aware that a convicted sex offender has left or is intending to leave the State, the Sex Offender Management and Intelligence Unit ensures that the relevant law enforcement agency in the country of destination is advised via Interpol. In addition, a Memorandum of Understanding between the Irish and British Governments on the sharing of information on sex offenders between An Garda Síochána and British police forces, including the PSNI, is in place since 2006 and there are excellent working relationships surrounding the monitoring of the travel arrangements of the persons in question.

Magdalen Laundries Issues

Ceisteanna (562)

Ciara Conway

Ceist:

562. Deputy Ciara Conway asked the Minister for Justice and Equality if he will provide details in tabular form by county and demographic, the numbers of applications received so far under the Magdalen redress scheme; if he will provide an update on the status of the recommendations produced by Mr. Justice Quirke; and if he will make a statement on the matter. [36457/13]

Amharc ar fhreagra

Freagraí scríofa

Arrangements are in place in my Department to process applications for payments under the scheme from the women involved. A copy of Mr Justice Quirke’s report and an application form was posted to all women who had already registered an expression of interest with the Department.

While it is not possible at this stage to provide a detailed breakdown, I can advise that in excess of 672 applications forms have issued to date and 259 completed forms were returned for processing by close of business yesterday. The verification process for some applicants will take time depending on the availability and extent of records. The Government has also established a committee with key Departments and the Office of the Attorney General to examine how best to implement Mr Justice Quirke's other recommendations. While it has been decided in principle to implement these recommendations in full, implementation of some of them are quite complicated and may require legislation. The Group held their first meeting on 4 July and I expect them to report back to me in about 6 weeks.

Ministerial Staff

Ceisteanna (563)

Mary Lou McDonald

Ceist:

563. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the staffing levels of the private offices and constituency offices of Ministers and Ministers of State in his Department; the salary of each; the same figures for this time in 2011; and if he will make a statement on the matter. [36504/13]

Amharc ar fhreagra

Freagraí scríofa

The staffing of my Private and Constituency offices currently and in July 2011 and the salary ranges of the staff concerned is set out in the tables below. I would remind the Deputy that this Government has reduced the number of staff in a Minister's Private Office from 10 to 8 and in a Minister's Constituency Office from 6 to 4 and that the staffing of my office complies with these guidelines. A new Private Secretary at Executive Officer level has been selected for my office and is currently shadowing my current Private Secretary who is due to transfer shortly. This selection has been made very recently and on a very temporary basis meaning there are nine officers assigned to my office.

Private Office (Current staffing and salary July 2013)

Salary

1 Private Secretary

€43,816 - €55,415 + appropriate Private Secretary allowance

4 Executive Officers

€30,516 - €47,975

2 Clerical Officers

€23,177 - €37,341

2 Special Advisors

€75,647 - €92,550

Constituency Office

-

1.6 Clerical Officers

€23,177 - €37,341

1 Personal Assistant *

€43,715 - €56,060

1 Personal Secretary

€23,820 - €47,755

Private Office (Current staffing and salary July 2011)

Salary

1 Private Secretary

€43,816 - €55,415 + appropriate Private Secretary allowance

3 Executive Officers

€30,516 - €47,975

2 Clerical Officers

€23,177 - €37,341

2 Special Advisors

€80,051 - €98,424

Constituency Office

-

1.6 Clerical Officers

€23,177 - €37,341

1 Personal Assistant *

€43,715 - €56,060

1 Personal Secretary

€23,820 - €47,755

* The Minister's Personal Assistant also acts as a Press Officer for the Department.

No Minister of State maintained an office in my Department in the periods mentioned above.

Exchequer Savings

Ceisteanna (564)

Mary Lou McDonald

Ceist:

564. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide the saving to the Exchequer if the pay of all his special advisers and those of his Ministers of State were capped at the first point on the principal officer pay scale. [36519/13]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to my reply below to Parliamentary Question 889 on 16th July 2013. The matter does not arise in respect of Ministers of State as none are remunerated by my Department.

ANSWER: At the outset I wish to remind the Deputy that public service pay policy is a matter for my colleague the Minister for Public Expenditure & Reform. In my capacity as Minister for Justice and Equality I have appointed Ms Jane Lehane and Mr Thomas Cooney as my Special Advisors. They are both paid at the Principal Officer standard scale. At the time of their appointment the salary scale was €80,051 - €98,424 and the only increases to their salaries has been by way of normal incremental progression.

Both have progressed to the 3rd point of the scale which would be approximately €6,000 above the 1st point, however, taking account of tax and pension related reductions the net savings to the Exchequer in capping their salaries at the 1st point would be considerably less than that figure.

The application of pay adjustments in accordance with the Financial Emergency Measure in the Public Interest Act has reduced their salary scale to €75,647 - €92,550. Restrictions on the payments of increments under the Haddington Road agreement will apply in both cases.

Court Accommodation Provision

Ceisteanna (565)

Niall Collins

Ceist:

565. Deputy Niall Collins asked the Minister for Justice and Equality the number and location of Courthouses that have been closed since March 2011; the number and location of planned closures; the costs of security and upkeep of closed courthouses; the current use of closed courthouses and future plans for their use; and if he will make a statement on the matter. [36523/13]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of accommodation for court sittings. However, in order to be of assistance to the Deputy, I have had enquiries made and have been informed that the Courts Service has been reviewing all aspects of its organisational and operational structures throughout the country with the specific objective of ensuring that the Service can continue to maintain the delivery of front line court services and an appropriate level of service to court users. I understand that no court venue has been singled out for or indeed exempted from the review.

In this context the Courts Service has established a general framework within which such venues are being assessed taking into account a range of criteria such as caseload, proximity to an alternative venue, physical condition of the building, availability of cells etc. The likely impact on other Justice agencies, such as An Garda Síochána and the Irish Prison Service, is also taken into account. The review identified a range of venues nationwide which, based on the criteria applied, could be considered for closure subject to a detailed assessment and the preparation of a business case in respect of each identified venue which has now commenced. I am informed that no decision on an individual venue is taken without prior consultation with local stakeholders. It should, however, be noted that the final decision is a matter for the Courts Service Board. Under the statute I have no role or function in the matter.

I am informed that a total of 16 venues have been closed since March 2011, in the following locations: Enniscorthy, Athenry, Ballymote, Borrisokane, Boyle, Castlecomer, Castleisland, Castletownbere, Claremorris, Ennistymon, Kiltimagh, New Ross, Portarlington, Roscrea, Shannon, and Templemore. With the exception of Enniscorthy which was closed on 1 May 2011, the venues listed above were closed on 1 January 2012. The Service has indicated that Ballyconnell, and An Spidéal will close on 1 September 2013.

At its meeting on 1 July 2013, the Courts Service Board approved the closure of venues at Ballyhaunis, Baltinglass, Birr, Clones, Edenderry, Kells, Kinsale, Swinford, I am advised that a date for the closures has not been determined but it is likely that they will close on or before 1 January 2014. , Also at that meeting, the Board decided to defer the decision regarding the future of Skibbereen until the autumn.

The Service has stated that many of the smaller courthouses around the country have remained in the ownership of the local authorities. In the case of the closure of such a court venue, the building is available to the local authority for alternative use. In the case of the closure of a courthouse building which has been vested in the Courts Service, the Service will consider requests for the transfer of ownership of such buildings to other public bodies. The Service liaises with local authorities and the Office of Public Works about potential alternative uses. In recent years, four courthouses have been transferred to local authorities for use as community facilities, including as an arts centre and a youth cafe. The Courts Service is currently reviewing its policy on the disposal of property. There are five courthouse buildings in Courts Service ownership that are not used as court venues. Of those, one will shortly be transferred to the Office of Public Works and another is in use for storage. In 2012, the total costs associated with the five buildings was €27,000.

Court Orders

Ceisteanna (566)

Róisín Shortall

Ceist:

566. Deputy Róisín Shortall asked the Minister for Justice and Equality the frequency of the various orders available to the Courts under the terms of the operation of the Children Act, with breakdown of same. [36589/13]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of statistics. However, in order to be of assistance to the Deputy, I have had enquiries made and have been informed by the Courts Service that court statistics are not compiled in such a way as to provide the information sought by the Deputy. I am advised by the Service that the District Courts regularly make orders in accordance with the provisions of the Children Act. Judges work with Probation Officers and An Garda Síochána to find appropriate solutions to juvenile offending behaviour. The 2012 Annual Report of the Courts Service provides data on court outcomes for children in respect of a range of offence categories and is available at www.courts.ie.

Irish Prison Service

Ceisteanna (567)

Jerry Buttimer

Ceist:

567. Deputy Jerry Buttimer asked the Minister for Justice and Equality the accommodation facilities provided for persons who are released from prison; if the Gardai monitor these facilities; if the Gardai receive notification of the persons occupying these premises; the period of time that former prisoners are entitled to reside in these premises; and if he will make a statement on the matter. [36592/13]

Amharc ar fhreagra

Freagraí scríofa

The Irish Prison Service operates prisoner resettlement as part of the Integrated Sentence Management (ISM) scheme. This focuses on the prisoner's resettlement needs from the moment of committal to release. Working as part of a prison-based team, the Probation Service helps prisoners to prepare for their release and to settle back into the community without committing crime. The Probation Service works mainly with prisoners who will be under Probation Supervision after their release from custody. In this instance, where accommodation needs arise the Probation Service works in partnership with a range of organisations including local authorities whose responsibility it is to provide housing, as well as the voluntary housing sector, to provide for these needs.

Notification requirements are provided for in Part 2 of the Sex Offender Act 2001. This includes an obligation by an offender who has been convicted of an offence listed in the Schedule to the Act to notify the Garda Síochána of their name and home address and date of birth within seven days of becoming subject to the notification requirement, and of any subsequent change of address. The Garda Síochána has a well established system in place for the monitoring of persons subject to these requirements.

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