Written Answers Nos. 320-330
320. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in determination of an application for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [20184/14]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible. It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
321. Deputy Seán Kenny asked the Minister for Justice and Equality his plans to increase the number of segways available to An Garda Síochána; and if he will make a statement on the matter. [20234/14]
Amharc ar fhreagraThe provision and allocation of Garda resources and equipment is a matter for the Garda Commissioner in the light of An Garda Síochána's identified policing priorities and the availability of resources. The detailed allocation of resources at Divisional level is a matter for the Divisional officer who may allocate resources between Garda stations as required by operational circumstances. In that context, I am informed by the Garda authorities that there are currently two Segways in operational use in the Dublin Metropolitan Region with a further two due for deployment in the near future. I am further informed that An Garda Síochána has no plans at present to purchase additional Segways.
322. Deputy Patrick O'Donovan asked the Minister for Justice and Equality the total spent on free legal aid in 2012; the total number of persons to whom free legal aid was provided; the average fee-cost of the free legal aid; the ten largest individual amounts paid for individual cases under free legal aid in 2012; the number of persons who had previously received free legal aid on one other, two other, three other, four other and more than four other occasions; and if he will make a statement on the matter. [20269/14]
Amharc ar fhreagraAs the Deputy may be aware the provision of legal aid falls within two separate categories, i.e. criminal legal aid and civil legal aid. Details in respect of each category are as follows:
Criminal Legal Aid
Total expenditure on Criminal Legal Aid for 2012 came to €50.5 million, a reduction of 10% over 2011 (€56.1million). This reduction in the annual expenditure is the largest ever recorded and represents a fall of approximately €10 million, or 16%, over the peak recorded in 2009.
Under the Criminal Justice (Legal Aid) Act 1962, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant for legal aid must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal aid themselves. The 1962 Act specifies that 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. Criminal prosecutions originate in the District Court and if so satisfied, the Judge will grant a criminal legal aid certificate. I can inform the Deputy that the District Courts granted 49,639 certificates in 2012. However, as more than one certificate may be granted to any one person, it is not possible to provide a figure for the total number of persons provided with criminal legal aid.
I wish to advise the Deputy that in relation to the request for the ten largest amounts paid for individual cases, my Department's computer records are not kept in such a manner as to allow for this information to be extracted without requiring a disproportionate and inordinate amount of staff time and effort. This could not be justified in current circumstances where there are other significant demands on resources. With regard to information sought in relation to the average cost of legal aid, given that expenditure in 2012 was €50.5 million and the number of certificates granted was 49,639, the approximate average cost was €1,017.
An applicant's previous convictions are not a criterion for the granting of criminal legal aid under the Act and consequently the information sought by the Deputy in respect of the number of persons who received criminal legal aid on more than one occasion is not available. Records are not kept in a manner which would allow for the extraction of information showing the number of times a person has been granted criminal legal aid.
Civil Legal Aid
In respect of civil legal aid, this is provided by the Legal Aid Board, an independent State agency. Persons availing of civil legal aid pay a contribution towards the service, with some exceptions, so it is not a free service per se. Exchequer funding is provided by way of a grant-in-aid to the Board. In 2012, this grant amounted to €32.922 million and this increased to €33.759 million last year. The service is primarily provided through the Board's law centre network and by its own solicitors, although private practitioners on the Board's panels are engaged to provide a complementary service by the Board, mainly in District Court family law matters. Overall in 2012, civil legal aid was provided in some 17,652 cases, of which 9,962 involved court representation. For civil legal aid, information on the most expensive cases is not readily available due to the nature of the Board's operating model. Whilst it is not unusual for an applicant to access civil legal aid services more than once, particularly in family law matters, applicants do not tend to be in receipt of civil legal aid repeatedly. It should be noted that each and every application for civil legal aid is subject to a means test and a merits test, in line with the Civil Legal Aid Act 1995, and the associated Regulations. Figures in respect of persons in receipt of civil legal aid more than once in a year are not available.
Further details can be found in the Board's 2012 Annual Report, available at www.legalaidboard.ie.
323. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 509 of 4 February 2014, if the report referred to in the reply is now to hand. [20271/14]
Amharc ar fhreagraI am informed by the Garda authorities that between 1 January, 2013 and 31 December, 2013, there were 249 drivers recorded as being involved in a fatal collision and 424 in a serious injury collision. The following table illustrates the number of drivers who provided a preliminary breath sample at the scene of a fatal or serious injury collision during that period.
|
- |
Fatal Collision |
Serious Injury Collision |
|
Total no. drivers |
249 |
424 |
|
Total no. drivers provided a preliminary breath sample at collision scene |
88 |
194 |
|
Drivers subsequently tested in hospital or at station |
17 |
42 |
I am further informed that analysis of incidents recorded show that 144 drivers involved in a fatal collision and 188 drivers involved in a serious injury collision were not tested at the roadside for a number of reasons. The following table sets out the principal reasons a preliminary breath sample was not taken at the roadside at the scene of a fatal or serious injury during the period 1 January, 2013 and 31 December, 2013. It should be noted that the figures provided are provisional, operational and liable to change.
|
Reasons for not testing the driver |
Fatal Injury |
Serious Injury |
|
Driver Deceased |
91 |
|
|
Driver gone to hospital |
24 |
81 |
|
Driver gone from hospital |
2 |
12 |
|
Medical Grounds |
11 |
38 |
|
Medical Grounds - Doctor refusal (section 14(3)) |
4 |
6 |
|
Medical Grounds - Insufficient time |
2 |
|
|
Garda Opinion - testing not required |
3 |
15 |
|
Hit and Run |
1 |
4 |
|
Serious Injury |
3 |
|
|
Driver Arrested |
1 |
|
|
Driver not known |
2 |
|
|
No screening device - 1 hour |
1 |
2 |
|
No Garda Requirement - 3 hours |
1 |
|
|
Reported at Station - insufficient time 3 hours |
1 |
|
|
Not investigated at scene - insufficient time 3 hours |
1 |
|
|
Collision not in a public place |
1 |
|
|
Other |
5 |
20 |
|
Total |
144 |
188 |
324. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 186 of 7 March 2012, wherein he stated that it should be possible in future to provide data regarding whether or not a driving licence is produced in court cases involving road traffic offences, if the Courts Service now has a system in place to record whether driving licences have been produced in road traffic cases. [20272/14]
Amharc ar fhreagraAs indicated in my response to Question 186 of 7 March 2012 the primary purpose of section 63 of the Road Traffic Act 2010 is to ensure that the driving licence number of individual offenders is recorded to enable the application of appropriate penalty points to the licence on conviction by the court.
I am informed that where an accused is brought before a Court in relation to a penalty point offence, the driving licence number is collected by two methods. The first is where the details are provided by An Garda Síochána prior to submission of an application for a summons in respect of the offence. Where the driving licence number is so collected, the driving licence number is sent electronically to the Courts Service with the summons application and the licence number is updated to the Courts Service computer system. Under the second method, the details are collected by the Court Registrar where a licence is produced to the Court at the hearing of the offence. As outlined above, if the licence is produced, the Court Registrar records the licence number and the number is updated to the Courts Service computer system. If the accused is convicted of the offence, the details of the conviction and the associated driving licence number are subsequently sent electronically to the Department of Transport, Tourism and Sport for the application of penalty points.
The Courts Service has indicated that It is not possible to differentiate between the two methods above to provide statistical data in relation to the number of driving licence numbers actually collected within a Court. My Department is in contact with the Courts Service with a view to examining an adjustment to the method of recording such that the number of licences produced in court can be established.
I am informed that where an accused is summonsed to appear before a court in respect of a penalty point offence and is convicted of the offence, if a driving licence is not produced to the Court, the Court Registrar records on the Court Minute Book or on the summons that no driving licence was produced. The non-production of the driving licence is recorded whether or not the accused appears before the Court. The Courts Service computer system does not currently support the updating of data in relation to the non-production of driving licences in court.
325. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of mandatory alcohol testing checkpoints established in 2013 on Friday, Saturday and Sunday nights from 1 a.m. to 3 a.m.; the number of such checkpoints per district in 2013; and the detections and convictions resulting from these checkpoints. [20273/14]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
326. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will ensure that Garda districts R and J will receive additional Garda vehicles from the new cohort of vehicles coming on stream this year. [20274/14]
Amharc ar fhreagraThe provision and allocation of Garda transport is a matter for the Garda Commissioner in the context of An Garda Síochána's identified operational requirements and the availability of resources. Responsibility for the efficient deployment of official Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations, as required by operational circumstances. The Deputy will appreciate that a degree of flexibility in allocating and re-allocating vehicles among stations, so as to best match the allocation of resources with policing priorities, is essential to the efficient management of the Garda fleet.
In that context, I am advised that Garda management closely monitors the allocation of all policing resources and operational strategies in place at both 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 make the best use of available resources. Moreover, the Garda authorities have indicated that the needs of Garda Districts R and J will continue to be examined, in the context of An Garda Síochána's overall policing requirements, as and when additional resources become available.
327. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will request a detailed report from the acting Garda Commissioner regarding the steps the Garda Síochána has been taking and will take to deal with the cash for cars signs. [20275/14]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
328. Deputy Finian McGrath asked the Minister for Justice and Equality the measures he has taken to progress his decision to place the ad hoc parole board on a statutory footing (details supplied); and if he will make a statement on the matter. [20350/14]
Amharc ar fhreagraI set out the position in my reply to Parliamentary Question No. 140 on Thursday 14th November, 2013. When I have considered the recommendations of the group carrying out a strategic review of penal policy, I will bring proposals forward to Government for a statutory Parole Board and will bear in mind the Deputy's suggestion on victim representation in that context. I now expect that group to report shortly.
As regards the current Board membership, I recently re-appointed the chairman, Mr John Costello. I have also re-appointed Dr Michael Mulcahy and Ms Ciairín de Buis. As things stand, I do not expect any further vacancies to arise until mid 2015.
Reply to Parliamentary Question No. 140 for WRITTEN answer on Thursday, 14th November, 2013.
I can inform the Deputy that I made the following appointments to the Parole Board:
July, 2011 Mr John Costello, Chairman
Mr Ciarán de Buis
July, 2012 Mr Willie Connolly
Mr Eddie Rock
Ms Nora McGarry
Mr Shane McCarthy (re-appointed)
August, 2012 Mr Brian Murphy (ex-officio)
Mr Vivian Geiran (ex-officio)
January, 2013 Mr Ray Kavanagh
Mr Mick Duff
The members appointed by me represent a diverse range of experience and expertise which I believe is invaluable to the work of the Board. Further details on membership are set out in the Board's Annual Report which I recently published and is available on my Department's website at www.justice.ie.
I announced my intention in 2011 to enact legislation to place the Parole Board on a statutory footing which I believe will help to strengthen the Board and improve its functions. Work is under way and progress is being made. Decisions have yet to be finalised on exactly what role a statutory Parole Board should play, what powers it should have, and how it should fit into the overall criminal justice system. I addressed the inaugural conference of the Parole Board in that regard on Friday 25 October, 2013. The discussions focussed on several aspects of the parole process, including the role of victims and the extent to which they should be involved in the process, and experience from other jurisdictions. Those discussions will also help inform this process.
I have also appointed a group to carry out a strategic review of penal policy. This is a wide-ranging and important review with implications for the future direction and implementation of penal policy in Ireland. I expect the group to report early in the new year. When I have considered their recommendations, I will bring proposals forward to Government for a statutory Parole Board. As I have said before, in that context I will bear in mind the Deputy's suggestion on victim representation.
329. Deputy Mary Lou McDonald asked the Minister for Defence the changes that have occurred to the invitee list for the State's Easter commemoration; if the list of persons previously invited has changed in recent years; his views on the way that it will change in the future; and if the relatives of those involved in the 1916 Rising will continue to be invited to future ceremonies. [19973/14]
Amharc ar fhreagraInvitations to the annual Easter Sunday 1916 Commemoration at the GPO are issued by the Department of Defence and, whilst the Department of the Taoiseach has overall oversight of this Commemoration, the Minister for Defence is the host for the event. This arrangement dates back to 2006 when a Military Parade was held to mark the 90th anniversary of the Rising. Details of the format of, and arrangements for, the commemoration ceremony to be held in 2016 have yet to be finalised by Government and, accordingly, at this point in time my Department is continuing to handle enquires received regarding invitations to that commemoration.
In the context of its role in managing and issuing invitations to the annual commemorations that have been held up to now, my Department is maintaining a list of names of those who have established family links with volunteers who fought during Easter week 1916. However, until precise details on the scale and arrangements for the 2016 event are known, no confirmation can be given in relation to invitees.
330. Deputy Seán Ó Fearghaíl asked the Minister for Defence the date on which the Ombudsman for the Defence Forces will publish an annual report for 2012 and for 2013; if there are any statutory obligations with regard to the publication of such reports and the timeframe for same; and if he will make a statement on the matter. [19992/14]
Amharc ar fhreagraThe office of Ombudsman for the Defence Forces (ODF) was established as an independent statutory office, under the Ombudsman (Defence Forces) Act 2004. The ODF has full independence and autonomy in the discharge of his statutory functions. Section 7 of the 2004 Act requires the ODF to publish his annual report within 4 months of the end of year. I am advised by the ODF that due to particular circumstances, relating to High Court proceedings arising during 2013, the Annual Report for 2012 of the ODF was not published. I am further advised that the ODF expects to publish the said report in the first half of this year and the 2013 report will follow shortly thereafter.
