Written Answers Nos. 758-780
758. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of extra staff that will be recruited to the Garda Vetting Unit arising from the announcement made in Budget 2014; when he expects the full staff compliment to be in place; how quickly applications will be processed; the date on which the National Vetting Bureau Act will be fully commenced; and if he will make a statement on the matter. [46184/13]
Amharc ar fhreagra800. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of staff working in the national vetting bureau at present; the overall number employed by the bureau last year; and when additional staff announced as part of the measures in budget 2014 will be allocated to the unit. [46585/13]
Amharc ar fhreagraI propose to take Questions Nos. 758 and 800 together.
The Commissioner has informed me that there are now 136 whole-time equivalent staff (132 civilians and 4 members of the Garda Síochána) assigned to the Garda Central Vetting Unit (GCVU). This is a 46% increase on the staffing level at the end of December last year when 93 staff were assigned to the GCVU. Furthermore, I have also recently received sanction for the redeployment of approximately 40 additional staff to the GCVU. These re-deployments are due to commence later this month. This will bring the total number of staff in that service to over 170 which, when compared to December last year, will represent an increase of 83%
I am informed by the Garda authorities that the current average processing time for applications is now approximately 9 weeks from date of receipt. Seasonal fluctuations and the necessity to seek additional information on particular applications can result in this processing time being exceeded on occasion. This is a significant improvement on the processing time of 14 weeks which existed in July this year. This improvement reflects the priority been given to ensure that the GCVU has the resources required to perform this most critical of roles effectively and efficiently. The further increase in staffing this year, and the subsequent introduction of an e-vetting system, will work to further reduce processing times.
The Spent Convictions Bill is currently before the House and subject to the approval of the Government, I expect to be in a position to amend the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 through amendments to this Bill to deal with certain old minor convictions which will no longer be disclosed under the new provisions. I expect to be in a position to commence the provisions of the 2012 Act in 2014.
759. Deputy Michael Ring asked the Minister for Justice and Equality the works that have been carried out to a building (details supplied) in each of the past ten years; if he will itemise the works in tabular form; and if he will make a statement on the matter. [46216/13]
Amharc ar fhreagraAs the Deputy may be aware, under the provisions of the Courts Service Act 1998, management and the administration 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 the Courts Service has provided details of works carried out since 2004 at Westport Courthouse as set out in the table.
|
Year |
Description |
|
2004 |
Reconstructed the boundary wall |
|
2005 |
Electrical repairs carried out |
|
2007 |
Repaired lights |
|
2008 |
Painting of windows and doors. Also two flag poles were erected |
|
2010 |
Repaired an air conditioning unit |
|
2011 |
Repaired leaks in flat roof and toilet |
|
2012 |
Repairs to chimney |
* no works were carried out in 2003, 2006, 2009 and 2013 to date.
760. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which backlogs in the court system are likely to be overtaken in the short and medium term; and if he will make a statement on the matter. [46235/13]
Amharc ar fhreagraAs the Deputy will be aware, the Courts Service is responsible for the management and administration of the Courts. The scheduling of court cases and the allocation of court business is a matter for the Presidents of the courts and the presiding judge who are under the Constitution independent in the exercise of their judicial functions. The Presidents monitor waiting times across all courts lists and seek to ensure the optimum use of court time. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the primary objective for the Service is to maintain the delivery of front line court sittings and services. The Courts Service continuously works to support the judiciary and assist in ensuring that cases are dealt with as effectively and as speedily as possible. Available resources and operational and organisational structures are under ongoing review to ensure that resources are targeted and focussed on keeping waiting times in the provision of services to a minimum.
In relation to the Circuit Court, it should be noted, for example, that in 2011 there were 674 weeks of sittings in venues outside Dublin. This increased to 767 weeks in 2012 and the President of the Circuit Court plans to increase capacity to 888 weeks during 2013, a 30% increase over 2011. The additional weeks will be provided across crime, family law and civil matters. In addition, six specialist judges of the Circuit Court were appointed in July to deal with the new work arising as a result of the Personal Insolvency Act 2012. Scheduled sittings of the District Court continued this year during the months of August and September and the President continues to target judicial resources at the areas experiencing longest waiting times.
In relation to the High Court, the President of the High Court keeps waiting times under continuous review and has introduced a number of initiatives including the reorganisation of sittings of the High Court outside Dublin and arranging for additional court sittings during court recesses. The delegation to court officials of administrative functions previously dealt with by High Court judges has also increased judicial availability for trial work. These initiatives continue to be reviewed and expanded. During September, the President of the High Court scheduled additional sittings with a view to maintaining and reducing waiting times or facilitating urgent hearings. A total of 32 Judges sat for the additional sittings and 1016 orders were made. The majority of High Court Lists, with the exception of the Asylum list, had prior to September relatively short waiting times and the September sittings have maintained or reduced those times . Twenty cases from the Asylum list were fully disposed of during these additional sittings. In respect of the Court of Criminal Appeal, I understand that the Chief Justice, in consultation with the President of the High Court, convened 9 additional sittings during September and the first week of October to deal with sentence appeals/undue leniency applications. A total of 55 such cases have been allocated hearing dates comprising 36 sentence appeals and 19 undue leniency applications.
During the last three weeks of the Summer Recess the Supreme Court dealt with 10 appeals; judgment was reserved in five of those cases. In addition, the Court dealt with 4 motions. All judges sat in benches of three throughout the period. Although considerable efforts are being made to manage the waiting times, the issue of capacity in the Supreme Court can only be fully resolved through the introduction of the Court of Appeal, which will now be established following the successful outcome of the referendum on the proposed Thirty-third Amendment of the Constitution (Court of Appeal) Bill. Following the appointment of two additional Supreme Court Judges on 17 October, the Supreme Court has begun to sit in two panels and the list for the remainder of the current term sittings has been fixed on that basis. It is anticipated that the Supreme Court will continue to sit in two panels into 2014. The backlog that has accumulated in the Supreme Court over the past number of years is such that, while there will be some immediate improvement over the coming year, it will take a longer period to reduce the waiting time for the hearing of appeals to a more appropriate level.
761. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which bail is restricted in situations where the applicant has a previous history of committing crime while on bail; and if he will make a statement on the matter. [46236/13]
Amharc ar fhreagra770. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total number of accused deemed to have absconded while on bail in each of the past five years to date; the number recaptured; the number still at large; and if he will make a statement on the matter. [46245/13]
Amharc ar fhreagraI propose to take Questions Nos. 761 and 770 together.
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. Section 2 of 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. Section 2(2)(d) provides that in exercising its jurisdiction under that section, a court shall take into account and may receive evidence or submissions concerning any conviction of the accused person for an offence committed while he or she was on bail. 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 am conscious of public concern about the extent to which offences continue to be committed by persons on bail. I share that concern and 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. The intention is that the new proposals will provide better guidance to the courts on how such protection might be provided. I intend to bring proposals to Government on the matter as soon as possible, having regard to other legislative priorities.
Insofar as the enforcement of bench warrants is concerned, including those which issue where a person on bail fails to attend in court, An Garda Síochána take all possible action to ensure that such persons are located as quickly as possible, having regard to all of the relevant circumstances. In relation to the statistical information sought by the Deputy, the Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), 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 in relation to breaches of bail directly to the Deputy. I am advised by the Garda authorities that the compilation of the other information sought by the Deputy would require a disproportionate amount of Garda time and resources.
762. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current strength of An Garda Síochána, permanent and reserve; when he expects to be in a position to facilitate recruitment in order to alleviate pressure points on various locations throughout the country; and if he will make a statement on the matter. [46237/13]
Amharc ar fhreagraI have been informed by the Garda Commissioner that the personnel strength of An Garda Síochána as of 30 September 2013, the latest date for which figures are readily available, was 13,159 Gardaí, with an additional 1,129 Garda Reserves and just over 2,000 civilians. As has already been announced, a recruitment competition for An Garda Síochána is to commence shortly and it is expected that the first batch of new recruits will enter the Garda college in mid-2014. There are a number of procedural issues that need to be finalised prior to the formal commencement of that competition and these are expected to conclude in the coming weeks. A further announcement will be issued as soon as recruitment starts, both on the Public Appointments Service website and directly to those who have registered an expression of interest in joining the Garda Síochána.
763. Deputy Bernard J. Durkan asked the Minister for Justice and Equality his preferred options in respect of the strength of An Garda Síochána over the next four years; and if he will make a statement on the matter. [46238/13]
Amharc ar fhreagraMy objective is to maintain Garda strength at the level of 13,000 members, and in that context I have secured the approval of my colleague, the Minister for Public Expenditure and Reform, for a recruitment competition for the Garda Síochána. There are a number of procedural issues that need to be finalised prior to the formal commencement of that competition and these are expected to conclude in the coming weeks, with the first students entering the Garda College in Templemore, Co Tipperary, in mid-2014.
764. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which tagging of prisoners has been examined as a means of monitoring activity of those on early release or parole; and if he will make a statement on the matter. [46239/13]
Amharc ar fhreagraPart 10 of the Criminal Justice Act, 2006 provides for the introduction of electronic monitoring and the relevant order commencing the provisions in the context of a restriction of movement condition applying to the granting of temporary release was made in 2010. The Irish Prison Service currently has a contract with a service provider for the provision of electronic monitoring. This is used mainly for the monitoring of hospital in-patients who have been granted temporary release from prison and allows for a significant reduction in staffing costs for hospital escorts. Arising from a recently conducted review of the Sex Offenders Act, 2001, I expect to seek Government approval for legislative proposals including a number of amendments to the 2001 Act shortly. Legislative proposals being considered include measures for the electronic monitoring of sex offenders in specific circumstances. It is also the case that electronic monitoring is being examined by the working group conducting an all encompassing strategic review of penal policy. I expect the group to report early in the new year.
765. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total number of Gardaí, by gender and all ranks, at present; the extent to which the number is sufficient to meet requirements; and if he will make a statement on the matter. [46240/13]
Amharc ar fhreagraI have been informed by the Garda Commissioner that the total number of Gardai by gender and all ranks on 30 September 2013, the latest date for which figures are readily available, was as set out in table.
|
Rank |
Male |
Female |
Total |
|
Commissioner |
1 |
0 |
1 |
|
D/Commissioner |
0 |
1 |
1 |
|
A/Commissioner |
8 |
0 |
8 |
|
C/Superintendent |
40 |
4 |
44 |
|
Superintendent |
135 |
16 |
151 |
|
Inspector |
247 |
26 |
273 |
|
Sergeant |
1,584 |
290 |
1,874 |
|
Garda |
7,802 |
3,005 |
10,807 |
|
Total |
9,817 |
3,342 |
13,159 |
The Deputy will be aware that I am committed to maintaining Garda strength at 13,000 and to that end a recruitment competition will be held in the very near future from which trainee Gardaí will be selected to enter the Garda College in Templemore.
766. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which An Garda Síochána has sufficient resources to deal adequately with the challenges of organised criminal gang activity; if the need for any particular assistance has been identified in this area; and if he will make a statement on the matter. [46241/13]
Amharc ar fhreagraI have been informed by the Garda Commissioner, who is responsible for the detailed allocation of resources, including personnel, throughout the organisation, that the personnel strength of An Garda Síochána, as of the 30 September 2013, the latest date for which figures are readily available, was 13,159 Garda members, 1,129 Garda Reserves and just over 2,000 civilians. The Garda Síochána is committed to vigorously tackling organised crime through the undertaking of a range of targeted activities designed to disrupt and dismantle the operations of criminal organisations. The Policing Plan for 2013 reflects this priority, which involves targeting serious criminals and organised criminal groups on a number of fronts, including through the use of focused intelligence led operations by specialist units such as the Serious and Organised Crime Unit, the Garda Bureau of Fraud Investigation and the work of the Criminal Assets Bureau. These units are also supported, as required, by the Security and Intelligence Section which assists with the provision of intelligence briefings and timely information. I can assure the House that I am committed to supporting the actions of the Garda Síochána in combating organised crime, including through keeping under review the legislative framework underpinning their capacity in this regard.
767. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of criminal gang members that have been apprehended and convicted in each of the past five years to date; the number of any pending; and if he will make a statement on the matter. [46242/13]
Amharc ar fhreagra768. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of members of criminal gangs currently remanded on bail in respect of one or more offences; and if he will make a statement on the matter. [46243/13]
Amharc ar fhreagraI propose to take Questions Nos. 767 and 768 together.
The Deputy will appreciate that membership of criminal gangs tends to be fluid and the nature of criminal activity is such that offences committed by members of gangs may or may not be connected with the individual’s membership of such gangs. The existence of such gangs and their membership does not remain static. It is therefore not possible to accurately attribute figures to convictions of gang members or to the number of gang members currently remanded on bail.
Members of An Garda Síochána continue to utilise all available legislation, including the additional legislative provisions introduced by the Oireachtas in 2009 which amended the Criminal Justice Act, 2006 relating to organised crime. In this regard, since the enactment of the Criminal Justice (Amendment) Act 2009 on the 23 July 2009 to 30 September, 2013, the legislation has been used on 212 occasions where arrests have been made relating to organised crime. To date, eight individuals have been charged under the legislation, six under Section 72 of the Criminal Justice Act 2006 as inserted by section 6 of the Criminal Justice (Amendment) Act 2009, participating in organised crime and two under Section 71A of the Criminal Justice Act 2006 as inserted by section 5 of the Criminal Justice (Amendment) Act 2009, directing the activities of a criminal organisation.
769. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the statistics show fluctuation in the levels of various crimes reported in County Kildare in each of the past five years to date; if any particular action is planned to address any issues arising; and if he will make a statement on the matter. [46244/13]
Amharc ar fhreagra772. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the level of violent crime has fluctuated in each of the past five years to date; and if he will make a statement on the matter. [46247/13]
Amharc ar fhreagra776. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he and his Department have monitored the levels of break-ins to private households and or commercial premises in County Kildare; the degree to which the number of such crimes has fluctuated in each of the past five years to date; and if he will make a statement on the matter. [46251/13]
Amharc ar fhreagraI propose to take Questions Nos. 769, 772 and 776 together.
I am advised that all crime trends are monitored on an ongoing basis by the Garda authorities and relevant policing strategies are designed and implemented as required. In this regard local Garda management in Kildare, as in all Garda Divisions, closely monitors the allocation of resources in the context of crime trends, policing needs and other operational strategies to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public.
Insofar as the level of burglary is concerned, the Deputy will be aware that Operation Fiacla was established by the Garda Commissioner to target burglary crime. This is an intelligence driven national operation and specific burglary initiatives have been implemented in each Garda Region to target suspected offenders. Operation Fiacla has proved to be a robust and effective response to those who seek to prey on law abiding householders and this is borne out by the latest Crime Statistics published by the Central Statistics Office covering the 12 month period up to the second quarter of 2013. These show a welcome reduction of 8.9% in burglary and related offences over the previous 12 months, and continue a trend which has been evident since the introduction of Operation Fiacla.
The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the specific relevant statistics sought directly to the Deputy.
771. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the proposals, if any, to update and streamline the administration of legal aid with particular reference to speeding up the process and greater accessibility; and if he will make a statement on the matter. [46246/13]
Amharc ar fhreagraAs the Deputy may be aware, the provision of legal aid falls within two separate categories, criminal legal aid and civil legal aid. Details in respect of each category are as follows:
Criminal Legal Aid
There is no waiting period associated with the granting of criminal legal aid as under the Criminal Justice (Legal Aid) Act 1962, the courts, through the judiciary, are responsible for the granting of legal aid on the applicant's appearance in Court.
Civil Legal Aid
Demand for legal services from the Legal Aid Board (“the Board”) has increased significantly since the down-turn in the economy. While there was a 10% drop in demand at the general law centres in 2012 compared to 2011, nevertheless the demand for general legal services (excluding asylum) in 2011 was 93% greater than it was in 2006. Demand in 2013 is running marginally ahead of what it was in 2012. The Board has not been subject to the sort of cuts to its grant-in-aid that other public service bodies have had to experience and I have been able to maintain the Board’s grant-in-aid at the same level for 2013 and for 2014 as it was in 2012 (and 2011).
Nevertheless it is a challenging environment that has resulted in lengthened waiting times for those seeking legal services for matters that are not prioritised. Notwithstanding the pressures on resources, the Government has further supported the Board by approving exemptions from the moratorium to enable the organisation to recruit front-line staff for direct service delivery. The Public Appointments Service concluded a solicitor recruitment competition for the Board earlier this year from which a number of permanent appointments have been made and a number of temporary positions have also been filled.
As the Deputy may be aware, on 12 September 2013, I signed into law a new statutory instrument in respect of civil legal aid provided by the Legal Aid Board which, inter alia, provides for an increased contribution from persons availing of the services offered by the Board.
I intend for any funds raised by these measures to be retained by the Board to better fund the provision of services to those in need of them and reduce waiting times for those services. At a time when the State is facing significant demands on its resources an increase in contributions allows the Board to achieve its objectives without money being diverted from other programmes. The increased contributions should result in increased funding of up to €700,000 per annum being available to the Board once the increases have full impact.
I believe this additional resource for the Board will assist it in tackling those waiting times. I am conscious that the increase in the minimum contribution as a percentage is significant. However, I believe the contributions payable still compare favourably with other jurisdictions. Provisions remain in place to allow the contribution to be waived in hardship cases.
In response to the changed environment the Board has taken steps to try and improve the efficiency and effectiveness of the delivery of its legal services. Those steps include the following:
- The Board has been piloting a ‘triage’ approach to service delivery and this approach is operative in most of its centres at this stage. The pilot is in response to lengthening waiting times. The aim of the ‘triage’ approach is that every applicant gets to see a solicitor within a period of one month for the purpose of getting legal advice (consultations are broadly limited to 45 minutes). If the applicant requires further services they remain on the ‘waiting list’. There is or has been a ‘backlog’ of applicants to be seen for triage purposes hence it is taking time to reduce the waiting time for such an appointment to one month. A first review of the operation of the pilot indicated that clients were satisfied with this particular service initiative. This was because they got early access to a solicitor for advice on their legal disputes that provided clarity about the options open to them and the process through which their disputes might be resolved.
- In August 2012 the Board introduced a new case management system in its law centres. This is a ‘start to end’ system which will in the medium term deliver efficiencies in terms of the administration aspect as well as in relation to the delivery of the legal services. It will take time for the full benefits of this system to materialise;
- In November 2011 I transferred responsibility for the management and administration of the State funded family mediation service to the Board. A key reason for this transferring was to improve the synergies between the State funded family mediation services and the State funded civil legal aid services (most of the demand for legal services is in the area of family law). Improving these synergies will be for the benefit of the customer and will help move away from a ‘litigation first’ approach that may on occasion be too common. Already there are very positive signs from a pilot initiative operating in Dolphin House (where the Dublin District Family Court sits) involving the co-location of the courts and a mediation service with a legal service located there also. Similar initiatives have now been introduced in Cork and Naas and are being evaluated;
- While the Board’s asylum related legal services were previously funded from a separate grant, since 2012 I have funded the Board on the basis of a single ‘grant-in-aid’. With the drop in demand for asylum, the Board has taken steps to integrate the delivery of its asylum related services into the general law centre service delivery model thus effectively transferring resources from the asylum area to the general legal service area where the demands have increased;
- I am aware that the Board has maintained a high level of usage of private solicitors for family law cases in the District Court. Cases in the District Court are often those that need the most immediate remedy;
- I am also aware that the Board continues to engage with other key players in the justice / legal area such as the Courts Service and the Health Service Executive, with a view to trying to ensure that State funded resources that impact on its area of business are used to best effect.
In terms of administrative efficiencies I am aware that the Board has streamlined its financial eligibility process, that it has a Handbook of administrative procedures and that the aforementioned case management system is build around those procedures. All of these steps were taken to minimise the administrative aspect. I am also aware that the Board constantly keeps its procedures under review in order to ensure that they are efficient and efffective.
I am very conscious of the difficulties that delays in accessing legal aid can give rise to and I am aware that the Board is also keenly aware of those difficulties and is working to ensure the delays are minimised to the greatest extent possible.
773. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total number of prisoners and first time offenders known to have applied for rehabilitative training or education in each of the past four years to date; the number of such applicants who were successful; the number if any refused in the same period; and if he will make a statement on the matter. [46248/13]
Amharc ar fhreagraI am informed by the Director General of the Irish Prison Service that records of prisoner participation in vocational training and education programmes are not maintained in such a way as to provide the information sought by the Deputy. The Irish Prison Service provides a wide range of rehabilitative programmes that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes are available in all prisons and all prisoners are eligible to use the services. On committal, all prisoners are interviewed by the Governor and are informed of the services available in the prison. At this point prisoners may be referred to services or they can self refer at a later date. Where Governors consider, on the information available, that a prisoner needs a particular intervention they will initiate a referral.
The Irish Prison Service has also been expanding the number of accredited courses and opportunities available to prisoners in Work Training in recent years. Enhanced partnership arrangements with accrediting bodies such as City and Guilds, the Scottish Qualifications Authority (SQA), and the Guild of Launders and Cleaners and the centralising of coordination and quality assurance arrangements have enabled us to extend the number of available courses and activities with certification. The development of prisoner programmes forms a central part of the Irish Prison Service Three Year Strategic Plan 2012 - 2015. There is a clear commitment in the Strategy to enhance sentence planning including Integrated Sentence Management and the delivery of prison based rehabilitative programmes such as education, work training and resettlement programmes.
774. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding reform of the legal profession; the extent to which negotiations continue with respective interest groups; and if he will make a statement on the matter. [46249/13]
Amharc ar fhreagraAs stated in answer to the PQ No. 96 (45970/13) consultations in relation to the Legal Services Regulation Bill have been ongoing since its publication both directly and by submission. The Bill and key responses to it have also been considered in detail at Second Stage and by the Joint Committee on Justice, Defence and Equality prior to the Bill's Committee Stage which commenced on 17 July.
Alongside those groups representing the legal professions with whom I have had both formal and informal direct meetings and from whom I have received a series of substantial submissions, I have had direct meetings with the Competition Authority, the Consumers' Association, the Honorable Society of King's Inns and the Committee of Heads of Irish University Law Schools and with the legal service regulators of other jurisdictions such as Australia and England and Wales. In terms of written submissions, I have, as previously disclosed to the House, received just under 50 since publication of the Bill representing nearly 30 interested parties, along with dozens of individual letters from concerned members of the public and practitioners and the formal observations of other Government Departments. For their part, the Law Society, the Bar Council and the King's Inns have provided substantive views on a number of occasions and on key issues which are among those to which consideration continues to be given. Submissions have come from a wide range of bodies in addition to the legal professional bodies including from associations, academics, civil liberties and human rights organisations, private businesses and government agencies or Departments. They range in their scope from that of the entire Bill to that of particular provisions or issues arising within it.
A wide range of stake-holders have therefore provided, and continue to submit, views on the Bill which I am more than happy to consider. These views continue to inform the development of the Bill and have to be considered against the Bill's modern balance of interests between those of the legal professions and those of business or private citizens who avail of legal services. The Deputy will appreciate the importance of the Government, in exercising its policy prerogative, maintaining this balance and conducting its consultations, direct or indirect, so as as to avoid any actual or perceived regulatory capture by any particular lobby or interest group. At this point in time, there are a large number of issues upon which the respective views of stake-holders have been clearly expressed or continue to be aired including in the public domain and in readily accessible formats on the internet. Direct and indirect contacts with stake-holders continue to take place at official level. Finally, as I have previously stated, amendments to the Bill and a Regulatory Impact Analysis will be made available for consideration prior to its forthcoming resumption of Committee Stage which is to take place as soon as possible in the current session.
775. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent of costs incurred by his Department in each of the past five years to date in 2013 in respect of cases brought before the courts on constitutional grounds; the extent to which benefit in the common good was sustained; and if he will make a statement on the matter. [46250/13]
Amharc ar fhreagraIt has not been possible to provide the information sought by the Deputy in the time available for reply. I will write to the Deputy when that information has, to the extent possible, been compiled by my Department.
777. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total number of vacancies at all ranks in An Garda Síochána awaiting to be filled at the present time; the extent to which such posts have been filled in the current year; and if he will make a statement on the matter. [46252/13]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions and Districts, the various Garda national units and of course Garda Headquarters. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources. This necessary ongoing flexibility in the distribution of personnel means that it is not feasible to identify specific vacancies within specific areas of the Force.
At a national level, sanction has been given by the Department of Public Expenditure and Reform for a maximum strength in each rank, based on the objective of a total strength of 13,000, and these strengths for ranks above Garda rank are given in the table below, together with current actual strength (as of the end of September 2013). Where current actual strength is below the approved maximum strength, the Garda Commissioner is making the necessary arrangements to have the balance of posts filled through promotion competitions.
|
Rank |
Actual strength |
Approved max. strength |
|
COMMISSIONER |
1 |
1 |
|
D/COMMISSIONER |
1 |
2 |
|
A/COMMISSIONER |
8 |
9* |
|
C/SUPERINTENDENT |
44 |
45 |
|
SUPERINTENDENT |
151 |
166 |
|
INSPECTOR |
273 |
300 |
|
SERGEANT |
1,874 |
2,000 |
* to be reduced to 8 on the appointment in 2014 of an Executive Director of HRM
778. Deputy Seán Kyne asked the Minister for Justice and Equality if legal aid will be provided for persons seeking orders from the circuit court under the proposed new assisted decision making legislation. [46259/13]
Amharc ar fhreagra779. Deputy Seán Kyne asked the Minister for Justice and Equality if the new office of the guardian, proposed under the assisted decision making bill will charge court fees for such services as the provision of affidavits. [46260/13]
Amharc ar fhreagra780. Deputy Seán Kyne asked the Minister for Justice and Equality if consideration has been given to introducing new legislation governing power of attorney which would make the procedure less costly and more efficient, especially for families of those suffering from dementia and other such illnesses. [46261/13]
Amharc ar fhreagraI propose to take Questions Nos. 778, 779 and 780 together.
The Assisted Decision-Making (Capacity) Bill 2013 sets out a new legal framework for facilitating and supporting decision-making by adults who have difficulty in making decisions unaided.
The Bill re-enacts the provisions of the Powers of Attorney Act 1996 to bring the law on enduring powers of attorney into line with the Bill's guiding principles which seek to safeguard the person's autonomy to the greatest extent possible. My objective is to ensure that these provisions will be as cost-effective and efficient as possible.
Where interventions under the Assisted Decision-Making (Capacity) Bill involve the courts, the usual court fees will apply. The Bill makes provision for the limited extension of the civil legal aid scheme to capacity proceedings. The Legal Aid Board will not apply a merits test when a party to the proceedings applies for legal aid. However, the general means test will still apply.
