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Thursday, 27 Feb 2014

Written Answers Nos. 173-185

Job Initiatives

Ceisteanna (173)

Catherine Murphy

Ceist:

173. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if the new gateway scheme operated between the Department of Social Protection and the local authorities is being considered in parallel with the workforce planning under way in his Department; if so, is there possible progression to work; and if he will make a statement on the matter. [10299/14]

Amharc ar fhreagra

Freagraí scríofa

My colleague the Minister for Social Protection has put in place an initiative called Gateway to provide short-term quality working opportunities in local authorities for those on the live register for a minimum of two years.  Gateway is fulfilling the obligation in the Government’s programmes Pathways to Work and the Action Plan for Jobs which sets out specific commitments to widen and deepen the way in which local authorities support labour market activation schemes.  The recruitment process is currently under way in most local authority areas and it is anticipated that there will be 3,000 placements in local authorities by end-2014.

Contracts for individual placements are not likely to exceed 22 months in duration and will contain development elements appropriate to the skill base of each individual.  There is no provision for progress to employment in local authorities outside normal recruitment procedures.

Separate to this process and in order to support the local government sector in effectively managing the combination of staff reductions and the very significant change programmes under way in terms of, inter alia, the Action Programme for Effective Local Government, the establishment of Irish Water and the Local Government Shared Services Programme, Workforce Planning is under way and a Sectoral Work-Force Study has been undertaken jointly by local authorities and my Department.

My Department is currently working with local authorities bilaterally regarding implementation of the Study’s other recommendations. The Gateway Initiative is not part of this process.

Septic Tank Grants

Ceisteanna (174)

Martin Heydon

Ceist:

174. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government the supports or financial assistance available to householders who cannot afford to repair their septic tanks or bring them up to standard and who are not necessarily in a high risk area where an inspection is going to be carried out so may not qualify for the grants for remedial works; and if he will make a statement on the matter. [10303/14]

Amharc ar fhreagra

Freagraí scríofa

The Water Services (Amendment) Act 2012 requires owners of premises connected to domestic waste water treatment systems to operate and maintain their systems so as to ensure that those systems do not create a risk to human health or the environment. The Domestic Waste Water Treatment Systems (Financial Assistance) Regulations 2013, a copy of which is available in the Oireachtas library, brought into operation a grants scheme to assist with the cost of remediation of septic tanks and domestic waste water treatment systems which are deemed, following inspection under the EPA’s National Inspection Plan and the subsequent issue of an Advisory Notice by the local authority, to require repair or upgrading. The Regulations provide that, subject to the applicant meeting all qualification criteria, a local authority may pay a grant to a person who is required, following an inspection, to have repairs or upgrades to, or replacement of, a septic tank or other domestic waste water treatment system.

The introduction of a grants scheme for any purpose must be managed within current budgetary constraints and, in so far as the funds administered by my Department are concerned, there are no plans to introduce an additional scheme in relation to domestic waste water treatment systems.

Liquor Licensing Laws

Ceisteanna (175)

Brendan Griffin

Ceist:

175. Deputy Brendan Griffin asked the Minister for Justice and Equality if he will consider introducing a requirement to extinguish more than one existing licence for the establishment of new off-licences; and if he will make a statement on the matter. [10058/14]

Amharc ar fhreagra

Freagraí scríofa

The Government Legislation Programme provides for future publication of a Sale of Alcohol Bill which will update the law relating to the sale, supply and consumption of alcohol in licensed premises by repealing the Licensing Acts 1833 to 2011, as well as the Registration of Clubs Acts 1904 to 2008, and replacing them with provisions more suited to modern conditions. This Bill will provide an opportunity to consider changes to the current 'extinguishment' requirement, whereby an applicant for a new off-licence must show to the satisfaction of the District Court that the holder of an existing licence will consent to its extinguishment if and when a new licence is granted to the applicant. On the grant of the new licence, the existing licence is extinguished.

Unfortunately, due to the complex nature of the proposed Bill, I am not in a position to state when it will be published. However, it is my intention to proceed quickly with enactment of the legislation following publication

Question No. 176 answered with Question No. 39.
Question No. 177 answered with Question No. 11.

Garda Recruitment

Ceisteanna (178)

Tom Fleming

Ceist:

178. Deputy Tom Fleming asked the Minister for Justice and Equality the number of valid applications to the recent Garda recruitment; the number approved for further processing following the initial aptitude tests; and if he will make a statement on the matter. [10038/14]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the Public Appointments Service are managing this recruitment process for the Garda Commissioner and I have no direct involvement in the matter. I have, however, been informed that some 25,000 applications were received in advance of the 9th January closing date for the current competition. The first stages of the testing have now been completed and candidates who have qualified through these have been placed in order of merit into three bands.

The top 5,000 candidates from these tests have been placed in Band 1. These are now being called to the next stages of the competition which will also be run by PAS in association with An Garda Síochána. Candidates who are ultimately successful through all stages will be placed on a panel for entry into training in the Garda College. A candidate who fails any stage of the process will be eliminated from the competition and will not be allowed re-enter.

It is not possible at this stage to state with any certainty how many trainees will progress from Band 1 to the Garda College as this will depend on the success rate of candidates at the next series of tests, assessments, interviews etc. Therefore, by definition, it is not possible to say when a candidate in Band 2 might be called to progress to the next stages of the competition.

My objective is to maintain Garda strength at 13,000 and the number of trainees to be recruited will be determined taking that objective into account along with the rate of departures from the force over the coming years. It is worth noting on this point that, generally speaking, between 300 and 400 Gardaí leave the force each year.

Garda Vetting Applications

Ceisteanna (179)

Luke 'Ming' Flanagan

Ceist:

179. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality with regard to Garda vetting for the purposes of clearance of those working with children and so on, the reason there is such lengthy delays in processing the vetting applications; his views on whether this is a major barrier to people seeking employment; and if he will make a statement on the matter. [10040/14]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Garda authorities that the average processing time for applications is now approximately 4 weeks from date of receipt. This is a considerable improvement on July last year when processing times had reached 14 weeks. I should also point out that that the number of vetting applications received by the Garda Central Vetting Unit (GCVU) each year has risen from 187,864 in 2007 to 381,082 by the end of 2013.

Of course processing times will fluctuate upwards and downwards depending on seasonal demands and volumes received and, in some cases, depending on whether further enquiries have to be conducted with external Garda Stations or other agencies such as the Courts Service, Probation Service, HSE, etc. These enquiries are conducted for a multiplicity of reasons such as verification of identity, updating of incomplete records, and establishing outcomes of investigations.

Nonetheless, I am committed to ensuring that An Garda Síochána has the resources to perform this most essential of tasks. In that regard, the Garda Commissioner has confirmed to me that there are now 174 whole-time equivalent staff (170 civilians and 4 members of An Garda Síochána) assigned to the Garda Central Vetting Unit (GCVU). To put this in perspective, this represents an 87% increase on the staffing level at the end of December 2012 when 93 staff were assigned to the GCVU.

The Deputy may also wish to note that the development of an e-Vetting solution is well under way. This will facilitate the processing of applications in an e-format, thus removing the current time-consuming process of manually managing applications received and will result in a streamlining of the overall vetting process in this jurisdiction.

Prison Accommodation Provision

Ceisteanna (180)

Brendan Griffin

Ceist:

180. Deputy Brendan Griffin asked the Minister for Justice and Equality the amount spent annually on the accommodation of prisoners; the number of prison bed nights the State pays for annually; his plans to reduce this figure; and if he will make a statement on the matter. [10052/14]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that the figure for the annual cost of an available staffed prison space during 2013 is not yet available as the financial information is not due to be finalised till the end of March 2014. This information will be published on the Irish Prison Service website in the second quarter of 2014. The annual cost of an available staffed prison space during 2012, which is the latest year for which a figure is available, was €65,404. The comparative figure for 2011 was €65,359.

The Deputy may be aware that the average number of prisoners in custody has been decreasing since 2011. Consequently the number of prison bed nights has reduced from 1,603,448 in 2011 to 1,577,150 in 2012 and reduced further to 1,518,710 in 2013.

As part of our Strategic Plan 2012-2015, the Irish Prison Service is seeking to align the existing bed capacity of the Irish Prison Service to that recommended by the Inspector of Prisons in so far as this is compatible with public safety and the integrity of the criminal justice system. The bed capacity of 6 prisons have been aligned with the Inspector of Prisons' recommended figures, namely, Mountjoy Male, Dochas, St. Patrick's, Portlaoise, Loughan House and Shelton Abbey. In addition, in Cork Prison the bed capacity has been reduced from 290 to 210 and in Limerick prison the male capacity has been reduced from 290 to 220.

As many prisoners as possible released early from custody are placed on appropriate structured programmes of temporary release, including the Community Return Programme.

Drugs Seizures

Ceisteanna (181)

Brendan Griffin

Ceist:

181. Deputy Brendan Griffin asked the Minister for Justice and Equality the process involved in the disposal of seized illegal drugs; the measures taken to ensure that all such products are fully disposed of; and if he will make a statement on the matter. [10056/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Garda authorities that in circumstances where controlled drugs have been seized and are subsequently made the subject of a court destruction order, or in circumstances where no offender is, or is likely to be, prosecuted in relation the seizure of the controlled drugs, they are destroyed in a safe and secure manner.

In the event of a conviction, the prosecution apply to the court for an order of destruction for the controlled drugs seized.

I am further informed that An Garda Síochána liaise with the Forensic Science Laboratory at Garda Headquarters on advices regarding the destruction of drugs and the method of destruction is recorded appropriately.

The responsibility for ensuring the destruction of drugs, whether subject to a court order or otherwise, rests with each District Officer. The drugs are destroyed under the supervision of an Inspector from the Technical Bureau at Garda Headquarters who certifies destruction to each relevant District Officer.

Criminal Legal Aid

Ceisteanna (182)

Brendan Griffin

Ceist:

182. Deputy Brendan Griffin asked the Minister for Justice and Equality his plans to reduce the State's annual expenditure on free criminal legal aid, which stood at over €50 million in 2013; his plans to limit the amount that any individual provider can draw from the State in professional fees; and if he will make a statement on the matter. [10061/14]

Amharc ar fhreagra

Freagraí scríofa

Expenditure on criminal legal aid in recent years is set out in the table below.

Year

Expenditure €000

Percentage increase/decrease on previous year

2013

50,863

+ 1

2012

50,534

- 10

2011

56,116

- 1

2010

56,544

- 6

2009

60,338

+ 9

2008

55,297

+ 19

Under the Criminal Justice (Legal Aid) Act 1962, the courts, through the judiciary, are responsible for the granting of criminal legal aid. Applicants for legal aid must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation. The court must also be satisfied that, by reason of the gravity of the charge or exceptional circumstances, it is essential in the interests of justice that the applicant should have legal aid.

The nature of the Criminal Legal Aid Scheme is that it is demand led, driven by the incidence of crime, detection rates and the prosecution of cases through the courts system. This renders it difficult to predict and control costs. Since taking office I have however introduced a number of adjustments to the legal aid fees payable under the Scheme. Regulations introduced in 2011 imposed a reduction of 10% in the fees payable in the District Court. Fees payable in the Circuit and higher courts were similarly reduced by 10% in line with a reduction in the fees payable by the Director of Public Prosecutions to prosecution practitioners. A reduction of 50% was applied to payments in respect of travel and subsistence expenses payable to solicitors in certain circumstances. There is no entitlement for barristers to claim travel and subsistence expenses under the Scheme. Expenditure on the Criminal Legal Aid Scheme is monitored on an ongoing basis with a view to identifying any areas where further efficiencies may be achieved.

Legal representation under the Criminal Legal Aid Scheme is provided entirely by solicitors and barristers in private practice who have notified the County Registrars (in the case of solicitors) and my Department (in the case of barristers) of their willingness to be placed on panels for the undertaking of legal aid work. The Judge who grants legal aid to a defendant assigns to that person a solicitor from the panel. Where the criminal legal aid certificate permits representation by counsel, a barrister from the panel is instructed at the discretion of the acting solicitor. My Department has no involvement in the day to day running of the Scheme, the granting of legal aid or the assignment of lawyers. These matters are handled entirely by the courts.

Penalty Points System Investigation

Ceisteanna (183, 184)

Micheál Martin

Ceist:

183. Deputy Micheál Martin asked the Minister for Justice and Equality if he has received a report from the Garda Inspectorate recently; the steps he has taken; and if he will make a statement on the matter. [10077/14]

Amharc ar fhreagra

Micheál Martin

Ceist:

184. Deputy Micheál Martin asked the Minister for Justice and Equality if he will publish reports received from the Garda Inspectorate in relation to the penalty points corruption controversy; and if he will make a statement on the matter. [10078/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 183 and 184 together.

The Garda Inspectorate is currently finalising its review of the fixed charge processing system, and I expect to receive its report in the very near future. I will publish the report on the Department's website.

Garda Deployment

Ceisteanna (185)

Jonathan O'Brien

Ceist:

185. Deputy Jonathan O'Brien asked the Minister for Justice and Equality his plans to appoint a sergeant to Coachford Garda station, County Cork; if he will restore a full-time Garda station to Coachford Garda station; if he will downgrade Coachford Garda station; and if he will make a statement on the matter. [10096/14]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of all personnel among the Garda Regions, Divisions, and Districts and I have no function in that matter. 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.

I have been informed by the Garda Commissioner that the personnel strength of Coachford Garda Station on 31 January 2014, the latest date for which figures are readily available, was 1. Coachford Garda Station is located in the Macroom Garda District and the personnel strength of Macroom Garda District on the same date was 70. There are also 4 Garda Reserves and 4 Civilian staff attached to the Macroom Garda District. Coachford Station is scheduled to be open to the public from 10:00 a.m. to 1:00 p.m., Monday to Saturday each week, subject to the availability of resources. There are no current plans to alter these arrangements.

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