Written Answers Nos. 101 - 108
101. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the length of time broken down by six month periods of the number of persons in direct provision; and if she will make a statement on the matter. [36014/14]
Amharc ar fhreagraThe Direct Provision system is managed by the Reception and Integration Agency (RIA) of my Department. For the most part, this represents a cashless system with the State assuming responsibility for providing suitable accommodation for asylum seekers on a full board basis. RIA currently provides full board accommodation and ancillary services to just over 4,300 persons in 34 centres across the State.
With regard to the statistical information sought by the Deputy, RIA seeks to provide as much detail as is practicable on the system which it is charged with operating. Extensive statistical information is available on its website - www.ria.gov.ie including Annual Reports covering the years from 2007 to 2013 inclusive. These Annual Reports provide a variety of information, including a breakdown of the numbers of adults and children in each direct provision centre and the length of time persons, overall, have been residing in the direct provision system. This is also provided on a centre by centre basis, and the counties in which these centres are located are identified in these reports. In relation to the specific information requested, the position at the end of 2013 is as set out in the 2013 Annual Report. Up to date information in this respect will be furnished to the Deputy directly. Information is not collated in the exact format requested by the Deputy but is sufficiently detailed to enable a full picture of the length of time spent in Direct Provision to be provided.
102. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will set out the procedures to achieve naturalisation in the case of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [36029/14]
Amharc ar fhreagraOfficials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.
Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must -
- be of full age
- be of good character
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years
- intend in good faith to continue to reside in the State after naturalisation
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
A foreign national who is married to, or is the civil partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in her absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.
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 specifically established 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.
103. Deputy Mick Wallace asked the Minister for Justice and Equality if she will confirm that all criminal records may be found within the Data Protection Processing Unit of the Garda Síochána; if she will confirm that the Garda are capable of locating within their own records every criminal record handed down by the State; the reason An Garda Síochána will not issue a police certificate, otherwise known as a criminal record, when asked to do so for the purpose of employment; and if she will make a statement on the matter. [36054/14]
Amharc ar fhreagraI am informed by the Garda authorities that all criminal records available to the Data Protection Processing Unit can be found within the Unit with the exception of historical records that may be in existence but have not been made available by other prosecuting agencies and or the Court Service or criminal records imposed externally to Ireland.
An Garda Síochána are capable of locating within their own records every criminal record available to them as handed down by the State; however, as previously stated, not all criminal records handed down by the State are available for the reasons mentioned above. Criminal history vetting for general employment purposes, here or abroad, is not available on demand. Where employment which involves working with children or vulnerable adults in Ireland is concerned, the Garda Central Vetting Unit provides a full vetting service to organisations registered with them for that purpose.
Police Certificates of Character may be issued by An Garda Síochána in respect of a given individual, but only for the purposes of foreign consular and immigration requirements, foreign business establishment and for employment in EU Institutions. An application for a Certificate of Character may be made at a person's local Garda Station.
Finally an individual may apply to the Garda Síochána for a disclosure under Section 4 of the Data Protection Act 1988 (as amended) for a copy of the personal data which is maintained by An Garda Síochána. Such a disclosure is made to the individual to whom the data relates.
104. Deputy Mick Wallace asked the Minister for Justice and Equality if she will review the reinstatement of a garda (details supplied); the reason the garda was reinstated, for a second time, after being dismissed from An Garda Síochána; if she will disclose the person responsible for reinstating the garda; if she will consider disciplinary action against those who worked to have the garda reinstated in Carrick-on-Shannon Garda Station; and if she will make a statement on the matter. [36055/14]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is responsible for disciplinary issues in the force and I have no direct function in the matter raised. It is also the case, as I understand it, that the matter is currently the subject of legal proceedings and it would not be appropriate to comment on it.
105. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which she remains satisfied that GSOC is operating effectively, efficiently and in accordance with its terms of reference; and if she will make a statement on the matter. [36060/14]
Amharc ar fhreagraThe Garda Síochána Ombudsman Commission (GSOC) is an independent statutory body established under the Garda Síochána Act 2005. The objectives, functions and powers of the Ombudsman Commission are governed by the 2005 Act. The Act also provides that the management and control generally of the officers, administration and business of the Ombudsman Commission is the responsibility of the Chairperson of the Commission.
The Deputy will be aware that, as part of the Government's comprehensive programme of reform in the areas of policing and justice in the State, I am bringing forward new legislation to amend the 2005 Act to strengthen the remit and powers of GSOC. The Garda Síochána (Amendment) (No. 3) Bill 2014 was published on 18 August 2014.
The Bill, which is due to be taken in the Houses of the Oireachtas during the Autumn session provides primarily for:
the inclusion, for the first time, of the Garda Commissioner within the investigative remit of GSOC;
the conferral of additional police powers on GSOC for criminal investigation purposes;
greater autonomy for GSOC in examining Garda practices, policies and procedures.
My Department remains in ongoing discussion with GSOC in relation to staffing and financial requirements, and the proposed changes to their powers and remit, with a view to ensuring that GSOC is enabled to continue to operate effectively and efficiently and in accordance with its statutory remit.
106. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which educational-rehabilitative training remains available to all prisoners in the various prisons throughout the country with particular reference to the need to ensure that first time offenders are accommodated as a priority; if the number of applications continue to be met in such circumstances; and if she will make a statement on the matter. [36061/14]
Amharc ar fhreagraI can inform the Deputy that the Irish Prison Service provides to those in custody a wide range of rehabilitative programmes that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services which have the dual purpose of providing prisoners with purposeful activity while serving their sentences and encouraging them to lead law abiding lives on release. These programmes are available in all prisons and all prisoners are eligible to use the services.
As the Deputy can appreciate it is not practical from an operational, available resources or a security perspective to provide education and/or vocational training exclusively for the use of first time offenders. On committal, all prisoners are interviewed by the Governor and are informed of the services available in the prison. At this point prisoners may be referred to services or they can self-refer at a later date. Where Governors consider, on the information available, that a prisoner needs a particular intervention they will initiate a referral.
The development of prisoner programmes forms a central part of the Irish Prison Service Three Year Strategic Plan 2012 - 2015. There is a clear commitment in the Strategy to enhance sentence planning through Integrated Sentence Management and the delivery of prison based rehabilitative programmes.
As well as seeking to draw on best practice in adult and further education in the community, there has been a lot of curriculum development over the years that is specific to prison circumstances, such as courses on addiction, health issues and offending behaviour.
The Department of Education and Skills provides an allocation of 220 whole time teacher equivalents to the Prison Service through the Education and Training Boards (ETB). Education in prisons is delivered in partnership between the ETBs and the Irish Prison Service with a focus on providing education which is quality assured, student centred and which facilitates lifelong learning. The partnership endeavours to meet the needs of students through helping them cope with their sentence, achieve personal development and prepare for life after release. A broad and flexible curriculum is provided which ranges from basic literacy classes and peer led tutoring to Open University. There is an increasing focus on FETAC accreditation as the modular structure best meets the needs of students in prison.
Other areas where there has been significant progress in prison education are in physical education, in the provision for higher education, in the arts and in preparing prisoners for release and supporting their transition to life, and often to education, on the outside. A top priority for the Irish Prison Service is ensuring help for those with reading and writing problems and peer mentoring programmes are currently active in all of our prisons.
The guiding principles which underpin the prisons' work and training service are to make available, work, work-training and other purposeful activities to all those in custody. Training activities are chosen to give as much variety as possible and also to give opportunities for those in prison to acquire practical skills which will help them secure employment on release. 110 Work Training Officers have recently been appointed and assigned to areas such as catering, laundry, industrial cleaning, industrial skills and gym.
The Irish Prison Service has also been expanding the number of accredited courses and opportunities available to prisoners in Work Training in recent years. Enhanced partnership arrangements with accrediting bodies such as City and Guilds, the Scottish Qualifications Authority (SQA), and the Guild of Launders and Cleaners and the centralising of coordination and quality assurance arrangements have enabled us to extend the number of available courses and activities with certification.
The manner in which records are collated does not allow us to differentiate between first-time offenders and repeat offenders.
However, from the records that are available I can inform the Deputy that figures are compiled retrospectively and the latest available figures (09/06/2014 to 13/06/2014) show that an overall total of 1,490 offenders participated in Education activities which represents almost 37% of the prisoner population at that time.
Similarly an average of 1,052 prisoners engaged in vocational training activities each day in June and this represents 27% of the average prison population in that month. It should be noted that a prisoner may participate in more than one activity.
The above figures are a mix of first time offenders and those that have been in custody previously.
107. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prisoners granted early release in each of the past five years to date; and if she will make a statement on the matter. [36062/14]
Amharc ar fhreagra108. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of long-term prisoners to receive early release-compassionate leave in each of the past five years to date; and if she will make a statement on the matter. [36063/14]
Amharc ar fhreagraI propose to take Questions Nos. 107 and 108 together.
I wish to inform the Deputy that the number of prisoners granted early release prior to March 2012 is not readily available.
However, I can inform the Deputy that the Irish Prison Service introduced a new Prisoner Information Management System (PIMS) on 03 March, 2012 and it is therefore possible to provide the information requested from 03 March, 2012 to date. This information is being collated and will be provided directly to the Deputy.
The Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003 provides that sentenced prisoners may be approved temporary release whether it be for a few hours or a more extended period. The Act sets out the circumstances when temporary release may be provided and what matters must be taken into account.
Candidates for temporary release are identified by a number of different means but primarily on the recommendation of the Prison Governor or the therapeutic services in the prisons. The prisoner, their family or their legal representative can also apply for consideration of such a concession. Recommendations are also made to me in relation to long term sentence prisoners by the Parole Board. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation is to that effect. Before a final determination a number of factors may be taken into account including: -
- the nature and gravity of the offence to which the sentence being served by the person relates
- the sentence concerned and any recommendation made by the Court in relation to the sentence imposed
- the period of the sentence served by the person
- the potential threat to the safety and security of the public should the person be released
- the person's previous criminal record
- the risk of the person failing to return to prison at the expiration of the period of temporary release
- the conduct of the person while in custody or while previously on temporary release
- any report or recommendation made by the Governor, the Garda Síochána, a Probation & Welfare Officer, or any other person whom the Minister considers may be of assistance in coming to a decision as to whether to grant temporary release
- the risk that the person might commit an offence during any period of temporary release
- the risk of the person failing to comply with any of the conditions of temporary release
- the likelihood that a period of temporary release might accelerate the person's reintegration into society or improve his prospects of obtaining employment
Temporary release assists in gradually preparing suitable offenders for release and in administering short sentences, and is an incentive to prisoners. It is an important vehicle for re-integrating an offender into the community in a planned way. The generally accepted view is that the risk to the community is reduced by planned re-integration of offenders compared with their return to the community on the completion of their full sentence. Each application for temporary release for whatever reason, including those referred to in your question, is examined on its own merits and the safety of the public is paramount when decisions are made.
In addition, all releases are subject to conditions, which in the vast majority of cases include a requirement to report on a daily basis to the offender's Garda Station. Of course, any offender who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí or maybe refused another period of reviewable temporary release.
