Tuesday, 15 Jul 2014

Written Answers Nos. 568-594

Council of Europe

Ceisteanna (568)

Michael McNamara

Ceist:

568. Deputy Michael McNamara asked the Minister for Justice and Equality if examination of applicants for the nomination of the Irish member of the Council of Europe Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment will be carried out by an independent panel of experts, as proposed in resolution 1540/2007 of the Parliamentary Assembly of the Council of Europe; and if she will make a statement on the matter. [30776/14]

Freagraí scríofa

Minister for Justice and Equality

I can inform the Deputy that in June of this year expressions of interest were sought from suitably qualified and experienced persons for nomination as Ireland's representative to the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). Advertisements were placed on the websites of my Department and the Public Appointments Service with the criteria for selection having regard to the requirements of the CPT for nomination.

Forty three expressions of interest have been received. An evaluation of the applications by a short listing panel will be undertaken shortly. Three individuals will be selected as the Irish nominees in line with the procedures for nomination to the CPT.

It will then be a matter for the Council of Europe to decide which nominee should be appointed.

The following information was provided under Standing Order 40A

As with the previous nomination process in 2011, which was highly commended at the time by the Council of Europe, an invitation to submit expressions of interest was recently advertised on the websites of my Department and the Public Appointments Service. It was open to anyone to apply and 43 applications were received.

The panel's composition has now been finalised and will be comprised of three independent representatives and one Departmental Official.

The panel will be asked to review the applications received and draw up a shortlist of the most suitable applicants having regard to the requirements of the CPT. That list will be submitted to me and I will then consult with the Parliamentary Delegation of Ireland to the Council of Europe (PACE) before deciding on the 3 nominees to be put forward. Once the three candidates have been identified and approved by me, they must also be endorsed by the Minister for Foreign Affairs.

It will then be a matter for the Council of Europe to decide which nominee should be appointed.

I trust this clarifies the position.

Council of Europe

Ceisteanna (569)

Michael McNamara

Ceist:

569. Deputy Michael McNamara asked the Minister for Justice and Equality if she will provide a list of previous Irish members of the Council of Europe Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment indicating if any of them previously held a position in her Department; and, if so, outlining the position. [30777/14]

Freagraí scríofa

Minister for Justice and Equality

From the records available I can advise the Deputy that the following were the previous Irish members to the Council of Europe Committee on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).

- Mr. Michael Mellett

- Mr. John Olden

- Mr. Tim Dalton

- Mr. Sean Aylward

Members of the CPT do not receive a salary. They are chosen from among persons of high moral character who are known for their competence in the field of human rights or having professional experience in the areas covered by the Convention such as prisons, law enforcement, immigration etc.

Mr. Mellett was a serving official of my Department when appointed and subsequently re-appointed to the CPT. Mr Olden was a former official of my Department at the time of his appointment while Mr. Dalton and Mr. Aylward had retired from my Department prior to their appointments.

The Deputy may wish to note that expressions of interest were sought through public advertisement in June this year from suitably qualified and experienced persons for nomination as Ireland's new representative to the CPT. Three individuals will be selected as the Irish nominees in line with the procedures for nomination to the CPT.

It will then be a matter for the Council of Europe to decide which nominee should be appointed.

The following information was provided under Standing Order 40A

As I made clear in my reply to the Parliamentary Question, all those mentioned had served jn my Department.

Mr. Mellett was a serving Assistant Secretary in my Department during his time as a CPT member. Mr. John Olden had served as an Assistant Secretary in my Department some ten years prior to his service on the CPT.

I trust this clarifies the position.

Prison Staff

Ceisteanna (570)

Dara Calleary

Ceist:

570. Deputy Dara Calleary asked the Minister for Justice and Equality the status of a job recently advertised at a prison (details supplied), that is, if it is a new position or a rebadged position; and, in view of this specific clarification, to outline the procedures that should apply to staff on transfer panels who apply for the position, that is, if staff have previously turned down an offered position should they be placed at the bottom of the panel; and if she will make a statement on the matter. [30784/14]

Freagraí scríofa

Minister for Justice and Equality

I am to inform the Deputy that the position referred to was 're-badged' through the change management process in the Irish Prison Service in line with commitments given under the Haddington Road Agreement.

In the case of this particular position, the position would have been offered but at that time there were no staff at the appropriate grade with transfer requests to that location for that position. Accordingly, the correct procedure at that time was to offer the position to the promotional panel in order of merit.

Staff should not be put to the bottom of the panel in an instance where they did not refuse this particular position. If staff on the promotional panel did not take up an offer of this particular position, it is then in order to offer it to staff at the appropriate grade who are now on the transfer list for the location where this particular position is based.

Garda Deployment

Ceisteanna (571)

Finian McGrath

Ceist:

571. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding extra Garda patrols in an area (details supplied) in Dublin 9; and if she will make a statement on the matter. [30828/14]

Freagraí scríofa

Minister for Justice and Equality

I am informed that local Garda Management are aware of anti-social activity in the area and have increased the Garda presence in the area over the last number of months.

I am also informed that Gardaí patrol this area regularly, including mobile and beat patrols. The Community Policing Unit attached to Clontarf Garda Station also attends to issues arising in the area. In this regard the Community Policing Unit has developed a solid partnership approach to problem solving with the community and also continues to engage with Dublin City Council and other relevant agencies in relation to anti-social activity in the area.

I am advised that current policing policy is targeted on the prevention of public order offences; crimes of violence against persons and property and supporting the improvement of the quality of life of the residents of the area. Local Garda Management is satisfied that a full and comprehensive policing service is being delivered to the area in question in line with policing demands throughout the Division.

Legislative Measures

Ceisteanna (572)

Terence Flanagan

Ceist:

572. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to introduce legislation on public drinking (details supplied); and if she will make a statement on the matter. [30881/14]

Freagraí scríofa

Minister for Justice and Equality

The position is that powers have been given to local authorities to make bye-laws in relation to use, regulation or management of land, services or any other matter under their control or management in Part 19 of the Local Government Act 2001 (previously Part VII of the Local Government Act 1994). Many local authorities have used these powers to introduce bye laws prohibiting the consumption of intoxicating liquor in public places within defined geographical areas. The legislation also provides for offences, which may be prosecuted by the local authority itself or by a member of the Gardaí, and for appropriate penalties.

Furthermore, under section 37A of the Intoxicating Liquor Act 1988, as inserted by section 14 of the Intoxicating Liquor Act 2008, where a Garda suspects that a person is under 18 years of age and that that person, or anyone accompanying him or her, is in possession of intoxicating liquor for consumption by a person under 18 years in a place other than a private dwelling, the Garda may seek an explanation and if not satisfied with the reply, he or she may seize the intoxicating liquor. The Garda may also seek the name, address and age of the person suspected of being under 18 years of age. It is an offence for a person, when requested by a Garda, to refuse to give his or her name, address and age, to give a name, address or age that is false or misleading, or to refuse to hand over the bottle or container.

Moreover, section 8A of the Criminal Justice (Public Order) Act 1994, as inserted by section 19 of the Intoxicating Liquor Act 2008, provides that a member of the Garda Síochána may, in certain circumstances, seize and remove intoxicating liquor in a bottle or other container from any person regardless of age. The powers of the Gardaí under this section also include power to request the person to provide his or her name and address, to desist from certain behaviour and to leave the place concerned in a peaceable and orderly manner. These powers may be exercised where the Garda concerned believes that the person is acting in a manner that is causing, or is likely to cause, a nuisance or annoyance to others or is, or is likely to be, a danger to persons or property or to cause a breach of the peace. Any failure by a person to cooperate with a request to hand over intoxicating liquor or to give his or her name and address is an offence.

Question No. 573 answered with Question No. 567.

Firearms Licences

Ceisteanna (574)

Denis Naughten

Ceist:

574. Deputy Denis Naughten asked the Minister for Justice and Equality further to Parliamentary Question No. 534 of 30 April 2014, if she will provide an update on same; and if she will make a statement on the matter. [30986/14]

Freagraí scríofa

Minister for Justice and Equality

In light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the judiciary, my Department is currently examining key policy, legislative, administrative and other issues relating to firearms licensing in conjunction with An Garda Síochána. I expect to receive and consider a report in relation to these matters in the near future. When I have considered that report I will consider what further action is necessary in relation to the firearms licensing system.

Consultation with a variety of relevant stakeholders will take place when I have considered the report and before any decisions are finalised in relation to proposals for change to the firearms licensing system.

Court Procedures

Ceisteanna (575)

Richard Boyd Barrett

Ceist:

575. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if she will investigate the urgent need to reform the small claims court along the lines of its counterparts in Northern Ireland, the UK, Canada and Australia where restrictions do not apply to hire-purchase agreements, breach of leasing agreements and debts; and if she will make a statement on the matter. [31008/14]

Freagraí scríofa

Minister for Justice and Equality

The small claims procedure of the District Court is an alternative method of dealing with a civil proceeding in respect of a small claim. The majority of claims are dealt with by administrative staff in the local District Court offices. Typical claims include:

- a claim in respect of goods or services bought for private use from somebody selling them in the course of a business (consumer claims)

- a claim in respect of goods or services bought for business use from somebody selling them in the course of a business (business claims)

- minor damage to property (excluding personal injuries) and

- the non-return of a rent deposit for certain types of rented properties.

From its inception the procedure was designed to handle claims cheaply without involving a solicitor. The District Court Clerk, in his/her capacity as the Small Claims Registrar, processes the claims. Where possible, the registrar will negotiate a settlement without the need for a court hearing. Almost half of the claims that proceed are settled in this way. If the matter cannot be settled the registrar will bring the claim before the District Court.

As the Deputy is aware, the procedure does not cover claims in respect of debts, personal injuries or breaches of leases or higher purchase agreements. Generally such cases may be more effectively and speedily dealt with by way of civil bill. In addition, the Courts Service has indicated that the Small Claims procedure is extremely resource intensive requiring multiple contacts with applicants and respondents in order to reach agreement on the claim. A priority for the Courts Service is to maintain the delivery of front-line court services and an appropriate level of service to court users.

The matter is kept under review by my Department, however, there are no plans to extend the scope of the small claims procedure at this time.

Garda Misconduct Allegations

Ceisteanna (576, 577)

Clare Daly

Ceist:

576. Deputy Clare Daly asked the Minister for Justice and Equality the terms of reference and manner in which the group she has established to deal with historic cases will function, including access for citizens who have not yet made their case known to the authorities; and the amount of time for which it will operate. [31040/14]

Clare Daly

Ceist:

577. Deputy Clare Daly asked the Minister for Justice and Equality if she will make available legal assistance for an organisation (details supplied) for the conduct of cases which will be reviewed by the body she has established to look at historic cases. [31041/14]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 576 and 577 together.

I am establishing a mechanism for the independent review by counsel of allegations concerning the conduct of members of the Garda Síochána or inadequacies in the investigation of such allegations which have been made to the Taoiseach or the Minister for Justice and Equality.

The review will consist of an examination by counsel of the papers in each case. Counsel will be asked in each case to make a recommendation to me on what further action, if any, might be appropriate, and I will carefully consider each such recommendation. The work of counsel will begin shortly, and the aim is to have the majority of cases reviewed within a period of between 8 and 12 weeks.

Many of the allegations are historic in nature, and it is important to emphasise that any member of the public who wishes to make a current complaint regarding Garda conduct may contact the independent Garda Síochána Ombudsman Commission.

Legislative Programme

Ceisteanna (578)

Denis Naughten

Ceist:

578. Deputy Denis Naughten asked the Minister for Justice and Equality when the Legal Services Regulation Bill 2011 will be enacted; the current status of same; and if she will make a statement on the matter. [31056/14]

Freagraí scríofa

Minister for Justice and Equality

The Legal Services Regulation Bill 2011, which has completed both Second and Committee Stages in the Dáil, commenced Report Stage in the Dáil on 11th July 2014 which is ongoing. It is intended that the Bill be enacted by the end of this year and that the new Legal Services Regulatory Authority come into operation early in 2015.

Question No. 579 answered with Question No. 567.

Direct Provision System

Ceisteanna (580)

Brendan Griffin

Ceist:

580. Deputy Brendan Griffin asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding direct provision; and if she will make a statement on the matter. [31092/14]

Freagraí scríofa

Minister for Justice and Equality

The Deputy's question refers to a letter from an organisation which seeks, inter alia, for the Health Information Quality Authority (HIQA) to be allowed inspect direct provision hostels and for the Ombudsman for Children to be given jurisdiction in the direct provision system.

In relation to the role of the Ombudsman for Children, section 11(1) (e) of the Ombudsman for Children's Act, 2002 provide that the Ombudsman for Children shall not investigate any action taken by or on behalf of a person in the administration of the law relating to, inter alia, asylum. Section 5 (1) (e) of the Ombudsman Act, 1980 makes similar provision in relation to the role of the Ombudsman. Whilst there are no plans to change those legislative provisions,the Irish Naturalisation and Immigration Service (INIS), including RIA, has administrative arrangements in place with both Offices to assist and provide information on matters brought to its attention by them.

With regard to the issue of independent inspections of direct provision centres undertaken through HIQA, RIA centres are already subject to an extensive inspection regime involving inspections three times a year, twice by Department of Justice and Equality staff and once by an independent company. All completed inspections since 1 October, 2013 are being published on RIA’s website.

Departmental Reports

Ceisteanna (581)

Seán Fleming

Ceist:

581. Deputy Sean Fleming asked the Minister for Justice and Equality when her Department will publish its annual report for 2013. [31131/14]

Freagraí scríofa

Minister for Justice and Equality

The Department's Annual Report for 2013 is currently being finalised and will be published shortly.

Garda Station Refurbishment

Ceisteanna (582)

Jonathan O'Brien

Ceist:

582. Deputy Jonathan O'Brien asked the Minister for Justice and Equality if she will provide an update on the construction of a new Garda station or the refurbishment of the existing Garda station in Glanmire, County Cork. [31145/14]

Freagraí scríofa

Minister for Justice and Equality

The programme of replacement and refurbishment of Garda stations is based on accommodation priorities which are established by An Garda Síochána. The programme is advanced in close co-operation with the Office of Public Works (OPW), which has responsibility for the provision and maintenance of Garda accommodation.

With regard to an update on the construction of a new Garda station in Glanmire, Co. Cork the position was outlined to the Deputy in Parliamentary Question No. 397 on Wednesday 9th July, 2014.

With regard to refurbishment of the existing Garda station in Glanmire I have been advised that maintenance works to the station were carried in 2013 by the OPW on foot of a request from An Garda Síochána.

Court Procedures

Ceisteanna (583)

Terence Flanagan

Ceist:

583. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to reduce the court fees involved where a home owner is made bankrupt; and if she will make a statement on the matter. [31280/14]

Freagraí scríofa

Minister for Justice and Equality

I wish to inform the Deputy that fees charged in the courts are set by means of Statutory Instrument. Court fees orders are made by myself as the Minister for Justice and Equality with the consent of the Minister for Public Expenditure and Reform.

During 2013, the Courts Service carried out a comprehensive review of court fees. Court fees in connection with bankruptcy proceedings are currently regulated by the Supreme and High Court (Fees) Order 2014 (S.I. 24 of 2014) which came into effect on 3 February 2014. The fees comprise €190 payable on the petition for bankruptcy and €20 payable on the verifying affidavit. As the Deputy will appreciate, court fee income forms a significant part of the funding for the general operation of the courts and the Courts Service keeps its fee structure under continuous review in accordance with the power given to it under the Courts Service Act. I have no plans to reduce the fees payable under S.I. 24 of 2014, however, the operation of the law in this area is kept under review by my Department.

In addition, the Deputy should note that fees are also payable to the Insolvency Service of Ireland during administration of a bankruptcy as set out in the Personal Insolvency Act 2012 (Prescribed fees in Bankruptcy Matters) Regulations 2013 (S.I. 465 of 2013). These fees similarly are kept under review. The law relating to bankruptcy was already changed in 2013 (by the Companies (Miscellaneous Provisions) Act 2013 to reduce the costs of bankruptcy for debtors by providing that the necessary publication could be made without charge on the website of the Insolvency Service, rather than by advertisements in national newspapers. The resulting saving for a person wishing to become bankrupt was estimated at up to €500.

Legislative Measures

Ceisteanna (584)

Terence Flanagan

Ceist:

584. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to reduce the term for which one remains bankrupt from three years to one year; and if she will make a statement on the matter. [31282/14]

Freagraí scríofa

Minister for Justice and Equality

The reform of the bankruptcy regime under the Personal Insolvency Act 2012, which reduced automatic discharge from bankruptcy from 12 years to 3 years, constituted a far-reaching and substantial reform of our bankruptcy law.

I can confirm that, at the moment, there is no intention to amend the law on the bankruptcy term; however, I will continue to keep the legislation under review.

Garda Operations

Ceisteanna (585, 586)

Seán Fleming

Ceist:

585. Deputy Sean Fleming asked the Minister for Justice and Equality if she will provide in tabular form per annum a breakdown of the costs recouped by An Garda Síochána from public and non-public policing of licensed concerts,festivals, sporting events and other events involving such policing throughout the country in 2011, 2012, 2013 and to date in 2014. [31302/14]

Seán Fleming

Ceist:

586. Deputy Sean Fleming asked the Minister for Justice and Equality if she will provide a breakdown of the top five biggest events in 2011, 2012, 2013 and to date in 2014 in terms of Garda policing costs. [31303/14]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 585 and 586 together.

Section 30 of the Garda Síochána Act 2005 provides a statutory basis for the Garda Commissioner, as Accounting Officer for the Garda Vote, to charge for police services on a non-public duty basis for commercial events such as sports fixtures and concerts.

In that context, I am informed by the Garda authorities that the moneys recouped by An Garda Síochána for policing services at various events in 2011, 2012, 2013 and to June 2014 are as shown in the table overleaf:

Category	2011 Monies Received	2012 Monies Received	2013 Monies Received*	2014 Monies Received (June) **
Sporting Fixtures	2,032,427	1,954,323	972,856	702,832
Concerts/Festivals	1,326,765	738,284	1,009,692	328,154
Other Events	708,822	1,431,949	887,190	705,704
Total	4,068,014	4,124,556	2,869,738	1,736,690

* The figures for 2013 are provisional pending finalisation of the 2013 Appropriation Account for the Garda Vote.

** The figure for 2014 (June) is provisional and subject to change.

I am further informed that the table below outlines the top five biggest events over the period January 2011 – June 2014 in terms of policing costs;

2011	2012	2013	2014 (June)
Europa Cup Final	All Ireland Football	National Ploughing Championships	Croke Park Concert
National Ploughing Championships	Bavaria Racing	Oxygen	Croke Park Concert
Slane	National Ploughing Championships	Slane 1	Croke Park Concert
Oxygen	All Ireland Hurling	Slane 2	Marley Park Concert
Electric Picnic	Electric Picnic	Electric Picnic	Marley Park Concert

Insolvency Service of Ireland Data

Ceisteanna (587)

Michael McGrath

Ceist:

587. Deputy Michael McGrath asked the Minister for Justice and Equality the number of cases that have been concluded by the Insolvency Service of Ireland to date; the number which have involved a restructuring of mortgage debt; and if she will make a statement on the matter. [31307/14]

Freagraí scríofa

Minister for Justice and Equality

I can advise the Deputy that the Insolvency Service of Ireland (ISI) published its Quarter 2 2014 Statistics Report yesterday to its website www.isi.gov.ie. Figures up to 30 June 2014, as set out in the Quarter 2 Statistics Report show:

- 180 Debt Solution Arrangements have been approved to date;

- Over 220 Protective Certificates have been issued by the Court. Protective Certificates give protection to debtors against legal action by creditors for a period and allows a Personal Insolvency Practitioner 70 days in which to develop an arrangement;

- There were 164 bankruptcies in the first half of 2014;

- Since its launch, the ISI has had over 850 applications for the three new debt solution arrangements (Debt Relief Notice, Debt Settlement Arrangement and Personal Insolvency Arrangement) introduced by the Personal Insolvency Act 2012.

The ISI expects the number of cases to increase steadily over the coming months, based on the number of draft cases on the ISI system, feedback from Personal Insolvency Practitioners (PIPs) and the publication yesterday of a Debt Settlement Arrangement (DSA) protocol which is designed to make the overall DSA process more efficient and to give greater clarity to all stakeholders including debtors and creditors.

The ISI has advised that it does not have data available on the number of cases that dealt specifically with mortgage arrears.

Prison Accommodation Provision

Ceisteanna (588)

Finian McGrath

Ceist:

588. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding penal reform in Limerick Prison. [31315/14]

Freagraí scríofa

Minister for Justice and Equality

I am informed by the Irish Prison Service that it is the policy to facilitate in as much as possible the placing of a prisoner in a prison as close as possible to their family. However not all prisons are suitable for every prisoner and the Irish Prison Service must also take into account a range of other considerations, such as, the criminogenic profile of the prisoner and the security level of the institution. In this case the prisoner referred to was committed directly to Limerick Women's Prison by the Special Criminal Court.

With regard to conditions in Limerick Prison, the Deputy will be aware that a business case for the modernisation of prison facilities in Limerick Prison is currently being drafted by the Irish Prison Service. Part of the proposed redevelopment includes the provision of high quality prison accommodation for female prisoners with capacity for approximately 50 individual cells and 8 custodial apartments.

The Deputy will also be aware that on 6 March 2014 the IPS published a Women’s Strategy entitled "An Effective Response to Women Who Offend". The Women’s Strategy sets out how the Irish Prison Service and the Probation Service will work together, as well as with other statutory, community and voluntary sector partners, to provide women-focused interventions to help reduce offending, improve opportunities for reintegration and to improve outcomes more generally. This co-operative approach is a direct result of the Joint Strategy published last year which aims to deliver more effective offender management.

Legislative Programme

Ceisteanna (589)

Michael McCarthy

Ceist:

589. Deputy Michael McCarthy asked the Minister for Justice and Equality if she will provide an update on the Assisted Decision-Making (Capacity) Bill 2013. [31319/14]

Freagraí scríofa

Minister for Justice and Equality

The Assisted Decision-Making (Capacity) Bill was published in July 2013. As the Deputy will be aware, this is an extremely important and far-reaching Bill which constitutes a comprehensive reform of the law relating to decision-making by persons with capacity difficulties.

What has been proposed in this Bill represents international best practice. Nonetheless, international legislation in this area is rapidly evolving and new approaches are being developed all the time. This has necessitated extensive consultation on the Bill. The Bill’s publication in July 2013 was followed in September by a consultation symposium organised by my Department, by the Dáil Second Stage debate in December 2013, and by a second consultation process undertaken by the Joint Oireachtas Committee on Justice, Defence and Equality, in Spring 2014. All of these processes identified areas of the Bill which required amendment to ensure a better fit with the requirements of the UN Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights. Amending provisions are being drafted by the Department in tandem with the Office of Parliamentary Counsel. These will be introduced at Committee Stage which is currently awaited. In addition, provisions on Advance Healthcare Directives will be incorporated at Committee Stage. The aim is to enact the legislation this year.

Data Protection

Ceisteanna (590)

Pádraig MacLochlainn

Ceist:

590. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if her attention has been drawn to reports that surveillance equipment was illegally installed in an office used by maintenance staff at Letterkenny General Hospital, that this procedure is in breach of EU conventions and all international protocols on workers' rights, that it is a criminal act to spy on workers in this manner, that it is in breach of all data protection legislation and is unprecedented in the State; the action she will take on the illegal operation of the camera; the date on which the Garda was made aware of the incident; the extent to which its investigation is proceeding; and if the Office of the Data Protection Commissioner is carrying out its own investigation. [31447/14]

Freagraí scríofa

Minister for Justice and Equality

While the Deputy will appreciate that I am not in a position as Minister to interpret the law or to provide advice in relation to a particular case in response to a Parliamentary Question, I can say that the Data Protection Acts 1988 and 2003 generally apply to the recording of personal images by means of video cameras unless the recording activity relates to an individual's own personal, family or recreational activities.

Enforcement of the Data Protection Acts 1988 and 2003 in this jurisdiction is a matter for the Office of the Data Protection Commissioner. The Commissioner is independent in the performance of his statutory functions and the exercise of his statutory powers and it would not be appropriate, therefore, for me to interfere in specific cases. The statutory powers of the Commissioner include the investigation of complaints concerning any alleged infringements of the Data Protection Acts.

Prison Staff

Ceisteanna (591)

Gerry Adams

Ceist:

591. Deputy Gerry Adams asked the Minister for Justice and Equality the reason the reduction of 10%, as a result of the Haddington Road agreement, has been reinstated to persons employed as prison administration support officers at level two, but not to prison administration support officers at level three; when those prison administration support officers at level three can expect the reduction to be reinstated; and if she will make a statement on the matter. [31474/14]

Freagraí scríofa

Minister for Justice and Equality

I am to inform the Deputy that as a result of clause 2.31 of the Haddington Road Agreement, new measures have been put in place by the Department of Public Expenditure and Reform to redress the balance brought about by the 10% pay reduction introduced in 2010.

I have been informed by the Irish Prison Service that this reduction did not apply to those who joined the Service as Prison Administration and Support Officers at level two (PASO 2) and therefore no reinstatement applied.

In the case of Prison Administrative and Support Officers at level three (PASO 3) who joined the Irish Prison Service in July and August 2013, the new 'reinstatement' measures referred to will take effect on their first increment date.

Firearms Licences

Ceisteanna (592)

Michael McNamara

Ceist:

592. Deputy Michael McNamara asked the Minister for Justice and Equality her plans to review high-powered hunting licences in view of an incident (details supplied) in County Clare in which a horse was shot dead, presumably by a stray bullet from a hunter. [31475/14]

Freagraí scríofa

Minister for Justice and Equality

I can inform the Deputy that firearms licensing and legislation governing firearms are kept under review.

Furthermore, in light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the judiciary, my Department is currently examining key policy, legislative, administrative and other issues relating to firearms licensing in conjunction with An Garda Síochána. I expect to receive and consider a report in relation to these matters in the near future.

Electronic Tagging

Ceisteanna (593)

Denis Naughten

Ceist:

593. Deputy Denis Naughten asked the Minister for Justice and Equality further to Parliamentary Question No. 136 of 10 April 2014, if she will provide the total cost and usage to date in 2014; her plans to expand the use of this service; if the tender has been received for the 50 further devices; the estimated annual cost of this contract; and if she will make a statement on the matter. [31492/14]

Freagraí scríofa

Minister for Justice and Equality

The current electronic monitoring contract, which was effective from 1 March 2013, has been extended until July 2014. Expenditure from the start of the contract to the end of May 2014 is €29,000 approximately (excluding VAT) which covers the costs for 10 live units and monitoring. There are currently 2 offenders on conditional release with an electronic tag. As the Deputy is aware, the Irish Prison Service is running a further tender process for the provision of 50 electronic monitoring devices and it is expected that the new contract will be in place shortly.

As my predecessor previously advised the Deputy, the use of electronic monitoring is mainly used by the Irish Prison Service to monitor hospital in-patients who have been granted temporary release from Prison. It thus allows for a significant reduction in staffing costs for hospital escorts. However, in considering any prisoner for temporary release, under the specified conditions relating to the management of the electronic monitoring process, public safety remains the primary operational consideration.

Last December, the Government approved the drafting of a wide-ranging Sexual Offences Bill. The General Scheme of the Bill includes provisions for the electronic monitoring of convicted sex offenders in specific circumstances. This legislation is currently being drafted. Electronic monitoring is also being examined by the group conducting an all encompassing strategic review of penal policy. The Group is expected to report shortly.

Child Protection

Ceisteanna (594)

Seán Ó Fearghaíl

Ceist:

594. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality the initiatives that have been taken by An Garda Síochána to implement recommendations of the Garda Síochána Ombudsman Commission in the aftermath of the death of a person (details supplied) in County Kildare; if there has been liaison between An Garda Síochána, the Health Service Executive and Tusla on this and similar cases; and if she will make a statement on the matter. [31494/14]

Freagraí scríofa

Minister for Justice and Equality

I have asked the Garda Commissioner for information on this case and I will write to the Deputy when it comes to hand.

I understand, however, that in accordance with Children First: National Guidance for the Protection and Welfare of Children, protocols and procedures are in place between An Garda Síochána and Tusla (The Child and Family Agency) with respect to liaison and sharing of information where child protection concerns come to the attention of either body.