Thursday, 3 Apr 2014

Written Answers Nos. 167-176

Proposed Legislation

Ceisteanna (167)

Arthur Spring

Ceist:

167. Deputy Arthur Spring asked the Minister for Justice and Equality the progress of the criminal law (sexual offences) (amendment) Bill 2013; and if he will make a statement on the matter. [15755/14]

Freagraí scríofa

Minister for Justice and Equality

On 17 December last, the Government approved the drafting of a wide-ranging Sexual Offences Bill. This is priority legislation and the Bill is currently being drafted by the Office of Parliamentary Counsel in the Attorney General's Office.

Upward Only Rent Reviews

Ceisteanna (168)

Pat Deering

Ceist:

168. Deputy Pat Deering asked the Minister for Justice and Equality if he will consider looking at the upward-only rent legislation in view of the fact that a Bill to that effect has recently passed in Seanad Éireann; and if he will make a statement on the matter. [15768/14]

Freagraí scríofa

Minister for Justice and Equality

The Deputy will recall that the Government made the difficult decision in December 2011 not to proceed with the commitment in the Programme for Government to abolish upward only rent reviews in so called "legacy leases", i.e., those entered into before 28 February 2010. There was a substantial concern that any legislative scheme involving interference in the contractual relationships of private parties would find it extremely difficult to survive a Constitutional challenge. In addition, the Government was advised that any model proposed would require the payment of compensation to landlords whose rights were infringed in order to ensure that the proposal would be compatible with the Constitution and with the European Convention on Human Rights. The situation has not changed since 2011 and, as I have indicated in my replies to previous Parliamentary Questions on the subject of upward only rent review clauses, there are no plans to re-examine the decision which was taken in 2011.

Sentencing Policy

Ceisteanna (169, 176)

Clare Daly

Ceist:

169. Deputy Clare Daly asked the Minister for Justice and Equality the average length of the prison sentences handed down in respect of sex trafficking prosecutions since 2008. [15791/14]

Clare Daly

Ceist:

176. Deputy Clare Daly asked the Minister for Justice and Equality the number of persons who have been charged and sentenced for organising and profiting from sex trafficking here since 2008. [15870/14]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 169 and 176 together.

There have been twenty four persons charged and sentenced to imprisonment for sex trafficking related offences since 2008. It is not possible for An Garda Síochána to provide information relative to the “average length of the prison sentences handed down in respect of sex trafficking prosecutions since 2008.”

The sentences in respect of persons charged with sex trafficking offences vary in length and include:

- Custodial sentences

- Suspended sentences

and are often accompanied by particular conditions including:

- Post release supervision,

- Subject to the sex offenders register,

- Deportation

- Entry into a Bond of Good Behaviour.

Garda Síochána Ombudsman Commission Investigations

Ceisteanna (170)

Brendan Griffin

Ceist:

170. Deputy Brendan Griffin asked the Minister for Justice and Equality if he is satisfied with the average processing times for complaints against gardaí being investigated by the GSOC; the efforts that are being made to ensure shorter times; if there is any particular reason for the delays; and if he will make a statement on the matter. [15806/14]

Freagraí scríofa

Minister for Justice and Equality

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. The Garda Ombudsman Commission has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded, and has extensive powers under the 2005 Act to enable it to carry out its responsibilities.

I am advised by the Ombudsman Commission that, conscious of the need to provide efficient and effective service for its various stakeholders, they have invested considerable time and energy to decreasing the duration of investigations arising from complaints. While they make every effort to ensure that all cases are concluded within a satisfactory timeframe, inevitably some cases take longer than others to investigate.

The Ombudsman Commission has raised concerns in the past concerning cooperation issues with the Garda Síochána.

As I have previously advised the House, revised protocols were agreed and signed by the Chairperson of the Ombudsman Commission and the Garda Commissioner on the 23rd September 2013 aimed at ensuring the highest possible level of co-operation between the two organisations. These revised protocols put in place clear procedures for the timely sharing of information, including sensitive information, and more generally for enhanced co-operation.

A committee was also established, chaired by a senior official of my Department, with senior representatives from the Ombudsman Commission and the Garda Síochána, to act as a forum where any future emerging issues concerning the protocols can be identified and appropriately addressed.

Garda Transport Provision

Ceisteanna (171, 172)

Brendan Griffin

Ceist:

171. Deputy Brendan Griffin asked the Minister for Justice and Equality if a Garda patrol car will be assigned to a station (details supplied) in County Kerry; and if he will make a statement on the matter. [15807/14]

Brendan Griffin

Ceist:

172. Deputy Brendan Griffin asked the Minister for Justice and Equality if necessary facilities will be installed in a Garda station (details supplied) in County Kerry; and if he will make a statement on the matter. [15808/14]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 171 and 172 together.

With regard to Garda transport the situation is that decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of identified operational demands.

At Divisional level it is a matter for the Divisional Officer to determine how best to deploy Garda vehicles to meet existing policing requirements. In that context, I am advised by the Garda authorities that there are currently 20 vehicles allocated to the Garda District in which the station referred to by the Deputy is located. Garda management closely monitors the allocation of all policing resources and operational strategies in place on a District and Divisional level to ensure that the optimum Garda service is provided to the public. In addition, the Garda authorities have informed me that the current policing arrangements for the Kerry Division make the best use of available resources. Moreover, the Garda authorities have indicated that the needs of the Division will continue to be examined on an on-going basis.

As the Deputy will be aware, I recently secured a further €9m for investment in the Garda fleet. This investment resulted in the purchase of 305 new Garda vehicles towards the end of 2013, at a cost of €5 million. I am advised by the Garda authorities that these new vehicles are currently being allocated across Garda Divisions in accordance with operational requirements throughout the country, including the Kerry Division.

Garda accommodation is also an important matter and the programme of refurbishment of Garda stations is progressed by the Garda authorities working in close co-operation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation. I am informed by the Garda authorities that they have approached the OPW regarding the refurbishment of the station referred to by the Deputy.

Garda Transport Provision

Ceisteanna (173)

Brendan Griffin

Ceist:

173. Deputy Brendan Griffin asked the Minister for Justice and Equality his plans for investment in Garda vehicles in 2014; if this investment will lead to a net increase or decrease in the total number of Garda vehicles in the fleet when the number of vehicles being decommissioned is counted; and if he will make a statement on the matter. [15809/14]

Freagraí scríofa

Minister for Justice and Equality

Decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of identified operational demands and the availability of resources.

The Deputy will be aware that I recently secured a further €9m for investment in the Garda fleet. This investment resulted in the purchase of 305 new Garda vehicles towards the end of 2013, at a cost of €5 million. I am advised by the Garda authorities that these new vehicles are currently being allocated across Garda Divisions in accordance with operational requirements. The remaining €4 million has been made available for the purchase and fit out of Garda vehicles in 2014.

The most recent investment will bring to €18m the total amount spent on the Garda fleet for the three years 2012 to 2014. This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to deliver an effective and efficient policing service.

EU Programmes

Ceisteanna (174)

Pearse Doherty

Ceist:

174. Deputy Pearse Doherty asked the Minister for Justice and Equality the person and-or agency responsible for the EU's rights and citizenship programme in Ireland for 2014-2020. [15832/14]

Freagraí scríofa

Minister for Justice and Equality

The Rights, Equality and Citizenship Programme for 2014 - 2020 is managed directly by the EU Commission. Representatives from my Department along with representatives from all Member States attend the Rights, Equality and Citizenship Programme Committee which oversees the operation by the EU Commission of the programme.

Legal Aid Service Waiting Times

Ceisteanna (175)

Pearse Doherty

Ceist:

175. Deputy Pearse Doherty asked the Minister for Justice and Equality the number of persons currently waiting for an appointment with the Legal Aid Board; and the numbers waiting for each office. [15864/14]

Freagraí scríofa

Minister for Justice and Equality

I wish to inform the Deputy that demand for legal services from the Legal Aid Board (“the Board”) has increased significantly since the down-turn in the economy and this has led to an increase in numbers waiting. The numbers waiting as of the 1 April 2014 are detailed in the following table. In this context, it may interest the Deputy to know that the number of new applications received by the Legal Aid Board during the period April 2013 - March 2014 (inclusive) was in the order of 17,148.

Demand in 2013 was at the same level as it was in 2012 and 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. 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 2014 as it was in the previous three years.

Nevertheless it is a challenging environment that has resulted in growing numbers waiting for those seeking legal services for matters that are not prioritised. I know that waiting times are a matter of constant concern to the Board and that it keeps them under very active review. I am also aware that the Board is constantly keeping the delivery of its services under review with a view to getting legal services to those most in need of them as quickly as possible.

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 last year from which a number of permanent appointments have been made and a number of temporary positions have also been filled.

In September 2013 I signed into law by way of Regulations, a package of proposals from the Board for the revision of the financial eligibility and contributions provisions governing the granting of civil legal aid. The Regulations include a reduction in the capital eligibility threshold for legal services and they also include increases in the contributions payable by most persons seeking legal services. These provisions should have some impact, albeit relatively marginal, on the resources available to the Board.

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. Where the triage approach is operative there is a waiting time for the triage appointment and a waiting time for the second consultation. 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 the 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. I know that the Board is working particularly hard on promoting mediation as a meaningful option.

- 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 HSE (now the Child and Family Agency), with a view to trying to ensure that State funded resources that impact on its area of business are used to best effect.

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.

Law Centre	Part-Time Centre	Numbers waiting for a first consultation as of 1 April 2014	Numbers waiting for a second consultation as of 1 April 2014
	Athlone	85	33
Athlone	Mullingar	59	13
Blanchardstown	-	114	1
Castlebar	-	104	75
Cavan	-	42	24
Clondalkin	-	23	62
Cork North	-	166	31
Cork South	-	304	29
Dolphin House	-	2	0
Dundalk	-	30	0
Ennis	-	85	81
Finglas	-	88	44
Galway Francis St	-	105	237
Galway Seville House	-	25	16
Gardiner Street	-	53	144
Kilkenny	- Carlow	16	68
	- Kilkenny	43	139
Letterkenny	-	44	147
Limerick	-	214	1
Longford	-	100	33
Monaghan	Drogheda	36	0
	Monaghan	39	0
Montague Court	-	25	0
Navan	-	58	67
Nenagh	-	42	124
Newbridge	-	55	202
Personal Injuries Unit		11	5
Portlaoise	-	102	120
	Boyle	1	8
Sligo	Sligo	43	67
Smithfield	-	136	38
Tallaght	-	97	83
Tralee	-	129	0
Tullamore	-	87	0
Waterford	-	97	3
Wexford	-	181	66
Wicklow	-	86	0
Total		2,927	1,961

Question No. 176 answered with Question No. 169.