Written Answers Nos. 24-30
24. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she is in a position to implement the recommendations of the Oireachtas justice committee’s report on Traveller ethnicity published earlier this year. [35405/14]
Amharc ar fhreagraThe recommendations contained in the Report on the Recognition of Traveller Ethnicity by the Joint Committee on Justice, Defence and Equality form part of the ongoing consideration of this issue which is underway in my Department.
My Department has been engaged in consultation with all Government Departments in relation to the issue of the recognition of Travellers as an Ethnic Group and the implications. The outcome of those consultations is subject to continuing consideration and is now being taken forward. In addition, my Department has engaged with the UK and Northern Ireland administrations with a view to gaining an insight into the implications arising on foot of granting ethnicity to Irish Travellers in those jurisdictions.
The examination of all relevant issues should shortly be brought to a conclusion, with a view to ensuring that a full analysis of all aspects of recognising Travellers as an ethnic group is available to Government when coming to a decision on the matter.
25. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the additional enforcement measures she will introduce to reduce the centralised open street selling of prescription tablets in Dublin city centre; and if she will make a statement on the matter. [35382/14]
Amharc ar fhreagraI do appreciate the issue of concern which the Deputy has raised.
I am aware that the practice of illegal street selling of prescription medicines, including benzodiazepines, has been acknowledged as a problem in the Dublin city centre area.
As the Deputy will appreciate, the Garda Commissioner is responsible for the deployment of Garda personnel and Garda operations in tackling such activity.
In this regard, I am informed by the Garda authorities that there are a number of targeted operations being conducted in the Dublin city centre area which are actively combating anti-social and drugs activity. These operations utilise a high visibility presence to intensively police identified areas so as to prevent and disrupt the activities of persons involved in the commission of anti-social behaviour, drug use and/or drug dealing offences.
These operations include Operation Pier, which concentrates on the South Quays and Temple Bar area. This operation includes the designation of certain areas as "hotspots" for anti-social behaviour and regular uniformed and plain clothes patrols. Other Garda operations in the city centre include Operation Spire which is focussed on the O’Connell Street and North Inner City areas, and Operation Stilts which is an ongoing overt policing operation targeting anti-social behaviour and drug-related crime in Dublin city centre locations.
I am also informed that in tackling the illicit trade in prescription medicines, An Garda Síochána continues to work closely with all of the relevant State agencies tasked with the enforcement of Misuse of Drugs legislation and Medicines legislation including the Revenue Customs Service and the Health Products Regulatory Authority.
I can also advise the Deputy that the Department of Health, in consultation with relevant stakeholders including my Department, is reviewing the Misuse of Drugs Regulations with a view to introducing additional controls on certain prescription drugs being traded illicitly, such as benzodiazepines and z-drugs medicines as deemed necessary, bearing in mind the need to maintain their legitimate use as appropriate. These additional controls include introducing import and export controls, tighter prescribing and dispensing controls as well as an offence of possession, thereby assisting the law enforcement roles of Revenue Customs Service and An Garda Síochána.
26. Deputy Mattie McGrath asked the Minister for Justice and Equality if she will provide assurances that section 37(1) of the Employment Equality Acts 1998-2011 which allows denominational schools to protect their religious or ethical ethos will not be rescinded or abolished; and if she will make a statement on the matter. [35385/14]
Amharc ar fhreagraSection 37 (1) of the Employment Equality Act 1998 provides for circumstances where a religious, educational or medical institution which is under the direction or control of a body established for religious purposes or whose objectives include the provision of services in an environment which promotes certain religious values shall not be taken to discriminate against a person if more favourable treatment on the religion ground is given to an employee where it is reasonable to do so in order to maintain the religious ethos of the institution or where the institution takes action which is reasonably necessary to prevent an employee from undermining the religious ethos of the institution. The Government is committed to amending this provision in order to ensure that its operation leads to a fair and reasonable balance as between the rights of freedom or religion or association, on the one hand, and the right of persons in employment or prospective employees to be free from discrimination and to privacy in their personal lives, on the other. The State has a particular responsibility, while also protecting freedom of religion, to ensure that public servants who deliver services funded by the taxpayer are not discriminated against on grounds of sexual orientation or family status.
The Employment Equality (Amendment) (No.2) Bill currently before the Seanad at Committee Stage proposes to amend, rather than repeal, section 37 (1). As announced previously, the Government accepts the principle of this Private Member's Bill and I will be tabling a number of amendments to improve the Bill in due course when Committee stage resumes in the Seanad. The precise detail of these amendments will be announced as soon as they have been drafted and approved by Government.
27. Deputy Clare Daly asked the Minister for Justice and Equality if she will close the women's prison in Limerick due to the substandard accommodation and long hours of lock-up which are totally unacceptable and constitute a breach of human rights. [35366/14]
Amharc ar fhreagraI am informed by the Irish Prison Service that as of Friday 19 September 2014, there was a total of 20 women in custody in Limerick Prison. The bed capacity as recommended by the Inspector of Prisons is 24. The Deputy will be aware that the primary role of the Irish Prison Service is the provision of safe and secure custody for prisoners. The Deputy will also be aware that the Prison Service must accept all persons committed by the courts into custody and does not have the option of refusing committals. A business case for the modernisation of prison facilities in Limerick Prison is currently being considered by the Department of Public Expenditure. 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.
When I published The Penal Policy Review Report on Wednesday 17 September 2014 I highlighted that the report called for the establishment of an open centre for women as well as gender appropriate strategies for the management of women offenders. I also highlighted that The Irish Prison Service has established a sub-group to examine where such a facility might be provided within the prison estate. Once the subgroup has reported, I intend to ask the Prison Service to bring forward further feasibility proposals on developing such an open centre for women prisoners.
The Irish Prison Service provides to those in custody a wide range of rehabilitative programmes, which have the dual purpose of providing prisoners with purposeful activity while serving their sentences and encouraging them to lead non-offending lives on release. 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 such as education, work training and resettlement programmes.
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 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 Irish Prison Service/Probation Service Female Strategy 2014-2016 which aims to deliver more effective offender management.
28. Deputy Seán Kyne asked the Minister for Justice and Equality the position regarding the children and family relationships Bill; when it is envisaged that this will be published and introduced into Dáil Éireann; and if it is intended that the Bill be enacted prior to the referendum on marriage equality. [35376/14]
Amharc ar fhreagraThe General Scheme of the Children and Family Relationships Bill has now been finalised, taking account, inter alia, of the report of the Joint Oireachtas Committee on Justice, Defence and Equality. It is intended that drafting should begin shortly, following Cabinet approval of the draft Scheme. I am working towards a deadline of December for publication of the Bill and for its introduction into Dail Eireann, with the subsequent legislative stages to take place as soon as possible thereafter. It is intended that the Bill would be enacted prior to the referendum on marriage equality.
29. Deputy Peadar Tóibín asked the Minister for Justice and Equality if she has any role in the allocation of Garda resources in an industrial relations dispute. [29879/14]
Amharc ar fhreagraThe Deputy will be aware that the allocation of resources and the direction and control of Garda resources is a matter for the Garda Commissioner under Section 26 of the Garda Síochána Act 2005 - 2007 and I have no direct function in such matters.
Where appropriate, An Garda Síochána attend the scene of incidents where protests, including industrial relations disputes, are taking place. The role of An Garda Síochána in such instances is to prevent a breach of the peace.
The strategic objectives of An Garda Síochána with regard to the policing of any protests are to :
i. Facilitate a peaceful protest
ii. Provide a safe environment for participants, public and Gardaí
iii. Minimise disruption to the life of the residential and business community
iv. Minimise disruption to air, rail, vehicular and pedestrian traffic
v. Provide a co-ordinated response to incidents
vi. Preserve public order and minimise opportunity to commit crime and take proportionate steps to deal appropriately with offenders if crime is committed
It is the aim of An Garda Síochána to uphold and protect the human and constitutional rights of everyone by providing a high quality, effective policing service in partnership with the community and in co-operation with other agencies.
30. Deputy Ruth Coppinger asked the Minister for Justice and Equality if her attention had been drawn to the case of the migrant rape victim known as Miss Y prior to addressing the United Nations Human Rights Committee in Geneva in July. [35410/14]
Amharc ar fhreagraI headed the delegation representing Ireland at the UN Human Rights Committee dialogue on the International Covenant on Civil and Political Rights which took place in Geneva on 14 and 15 July, 2014. At that time, I was unaware of any aspect of what is now known as the Miss Y case.
As the Deputy is aware, the Health Service Executive has appointed a four person Inquiry Team to establish all the factual circumstances in relation to the case of Ms. Y and the chain of communication between different service providers. The inquiry team seeks to establish the full acts surrounding the matter including the sequence of events and the care given to the woman involved. It would not be appropriate for me to comment on this matter prior to the publication of the Inquiry Team Report.
