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Thursday, 16 Oct 2014

Written Answers Nos. 133-42

Prison Staff

Ceisteanna (133)

Martin Heydon

Ceist:

133. Deputy Martin Heydon asked the Minister for Justice and Equality the options open to a former prison officer regarding their discharge from service; the way they may have details of their case investigated; and if she will make a statement on the matter. [39729/14]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that in the absence of the specific details I can only comment in a general way. I can say however that there are a number of ways officers can leave the Prison Service: they can resign, retire, be retired on grounds of ill-health, on expiry of probationary contract or by termination of employment for breach of terms and conditions. Authority to terminate the employment of a prison officer rests with the Secretary General of my Department, a role previously exercised by Government, in accordance with civil service legislation. Prison officers whose employment is terminated may, in the first instance, write to the Secretary General of my Department outlining his/her circumstances. Any further investigations would depend on the merits of the case. Recourse may also be made to the various workplace relations bodies and the courts depending on the nature of the former prison officer’s complaint.

Courts Service

Ceisteanna (134)

Terence Flanagan

Ceist:

134. Deputy Terence Flanagan asked the Minister for Justice and Equality the number of cases taken over the past five years regarding section 47 of the Consumer Credit Act 1995 to the Circuit Court declaring that the total cost of credit charged by moneylenders was excessive; and if she will make a statement on the matter. [39739/14]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.

The Courts Service has advised that the information sought by the Deputy is not readily available and could only be retrieved by way of a manual examination of each individual circuit court record. I would hope that the Deputy will appreciate, this would require the expenditure of a disproportionate amount of staff time and resources which cannot be justified.

Illegal Moneylenders

Ceisteanna (135, 136)

Terence Flanagan

Ceist:

135. Deputy Terence Flanagan asked the Minister for Justice and Equality the number of unlicensed moneylenders prosecuted by the Garda over the past five years; if she will set out the penalties handed down; and if she will make a statement on the matter. [39743/14]

Amharc ar fhreagra

Terence Flanagan

Ceist:

136. Deputy Terence Flanagan asked the Minister for Justice and Equality the current legislation for dealing with illegal moneylenders; and if she will make a statement on the matter. [39749/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 135 and 136 together.

As the Deputy may be aware, the regulation of licensed moneylending is a matter primarily for my colleague, the Minister for Finance. The Central Bank of Ireland is the competent authority in this jurisdiction with regard to licensed moneylending and in overseeing and regulating such activity.

Legislative provisions relating to the regulation of moneylending are contained in the Consumer Credit Act 1995 which is the responsibility of the Minister for Jobs, Enterprise and Innovation. Under the Act unlicensed money lending is an offence and persons who engage in money lending and who do not hold the necessary licence granted by the Central Bank are committing an offence under section 98 of the Act.

The powers of An Garda Síochána in tackling illegal moneylending are principally contained in Part VIII of the Consumer Credit Act 1995.

With regard to the number of unlicensed moneylenders prosecuted by the Gardaí over the past five years, I have been informed by the Garda authorities that prior to May 2013 there was no specific incident category on the Garda Pulse system which recorded investigations into unlicensed money lending offences.

Therefore, obtaining data on convictions related to illegal moneylending prior to May 2013 would involve a detailed manual analysis of the Garda Pulse system which would necessitate a disproportionate expenditure of Garda resources given An Garda Síochána's current business demands.

However, the Garda authorities have informed me that since May 2013, as at 18 September 2014, there have been six incidents under this crime category recorded on the PULSE system relating to four cases. These cases remain under active investigation by An Garda Síochána.

Proposed Legislation

Ceisteanna (137)

Terence Flanagan

Ceist:

137. Deputy Terence Flanagan asked the Minister for Justice and Equality her views on a matter (details supplied); and if she will make a statement on the matter. [39751/14]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that there are laws in this country which make it an offence to use words or publish or display material which is threatening, abusive or insulting or likely to stir up hatred. I am, as the Deputy will also be aware, progressing a Bill which will create an offence of public provocation to terrorism. Furthermore there is a discretion to refuse entry to the State on reasonable grounds where it is felt that a person may break the law, including incitement to hatred.

Nevertheless let me emphasise that we also recognise the need for engagement with the diverse communities which make up our society. An Garda Síochána is very conscious of the impact of hate crime incidents and relevant structures are in place to support appropriate policing responses and to encourage reporting. The Garda Racial Intercultural and Diversity Office (GRIDO) has responsibility for coordinating, monitoring and advising on all aspects of policing Ireland's diverse communities. GRIDO monitors the reporting and recording of hate and racist crime on a continual basis.

Garda Ethnic Liaison Officers (ELOs) have been appointed to work with minority communities at local level throughout the country. These officers combined with GRIDO play a fundamental role in liaising with minority groups and work in partnership to encourage tolerance, respect and understanding within communities and to help prevent hate and racist crime. GRIDO and ELOs provide advice and assistance to victims of hate or racist crime where required or deemed necessary.

But, public safety is also an issue, and An Garda Síochána monitors the movements of those suspected of involvement in extremist behaviour and in line with best practice internationally has engaged with returnees from the conflict areas.

EU Regulations

Ceisteanna (138)

Terence Flanagan

Ceist:

138. Deputy Terence Flanagan asked the Minister for Justice and Equality the reason for the delay in introducing EU security standards for components such as doors, locks and windows; and if she will make a statement on the matter. [39753/14]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that I do not have responsibility for the introduction of the EU standards referred to by the Deputy, or for the National Standards Authority of Ireland, as the official standards body.

I can however advise him that An Garda Síochána have published a number of Crime Prevention leaflets on Home Security which are available on the Garda website, and that crime prevention advice in relation to home security generally is available from local crime prevention and community policing officers. The Garda Crime Prevention leaflets provide information in relation to the relevant EU and other standards for external entry/exit doors, locks and windows to ensure that they are designed to withstand forced intrusion to an acceptable level.

I might add that the Private Security Authority (PSA), which comes within my own remit, is the statutory body responsible for the licensing and regulation of the private security industry. The PSA has adopted a phased approach to the roll-out of licensing and is currently concluding the development of a Standard for licensing of locksmiths. This standard will solely relate to the licensing of contractors working in the locksmith sector. By the end of the year the PSA intends to make an announcement on the timeframe for the licensing of this sector. It is anticipated that licensing will commence in 2015.

Children in Care

Ceisteanna (139)

Clare Daly

Ceist:

139. Deputy Clare Daly asked the Minister for Children and Youth Affairs further to Parliamentary Questions Nos. 103 and 104 of 9 October 2014, the reason the number of children taken into care in counties Wexford and Waterford is significantly higher than the national average; and if he will make a statement on the matter. [39559/14]

Amharc ar fhreagra

Freagraí scríofa

I have requested the information from the Child and Family Agency and I will revert to the Deputy when this information is to hand.

Education Welfare Service Provision

Ceisteanna (140)

Thomas P. Broughan

Ceist:

140. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs if the visiting teacher service for Travellers will be recommenced. [39611/14]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, the Visiting Teachers Service for Travellers was discontinued with effect from September 2011, in line with Department of Education and Skills policy on the phasing out of segregated Traveller provision.

The Child and Family Agency, established in 2014 under the aegis of my Department, has statutory responsibility in relation to school attendance and supports for young people at risk of educational disadvantage, including traveller children. Through its Educational Welfare Service, the Agency responds to instances where children, including children from the Traveller community, are not attending school regularly, leading to concerns for their educational welfare. While Educational Welfare Officers have a number of statutory powers in relation to school attendance, much of their work involves early prevention and targeted intervention with children and families, in collaboration with schools and other support services. In that regard, the needs of Traveller students are fully considered.

I am advised by the Agency that approximately 50% of Traveller students attend schools designated for additional supports under the DEIS action plan which provide additional supports to address educational disadvantage, including supports coordinated within the Agency.

The Home-School-Community Liaison scheme targets children at risk of not reaching their potential in the educational system, including children from the Traveller community. It focuses directly on the significant adults in children's lives, works in an enabling way with parents and families to develop their capacity as a key resource in their children's learning and seeks direct benefits for the children themselves.

The School Completion Programme works directly with targeted students at risk of early school leaving through a range of in-school, after-school and holiday period interventions designed to retain them in the formal education system to completion of post-primary senior cycle, as well as addressing the needs of students who are out of school. According to the Agency, a high number of traveller students participate in homework clubs which may be organised within Traveller sites and in collaboration with local youth services or Traveller organisations.

The Agency participates in the Traveller Education Strategy Advisory and Consultative Forum under the auspices of the Department of Education and Skills to monitor implementation of this key policy framework for Traveller Education with the objective of improving educational outcomes for Traveller children. In line with this objective, I am advised that the Agency has convened a working group within the Forum to develop collaborative relationships and working protocols between Educational Welfare Services and Traveller support organisations.

The development by the Agency's Educational Welfare Services of an integrated intervention model around school attendance, participation and retention issues generally will be a significant vehicle by which the needs of Traveller children and families can be addressed in collaboration with schools and other support services.

Child and Family Agency Expenditure

Ceisteanna (141, 142)

Thomas P. Broughan

Ceist:

141. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 703 of 24 June 2014, the budget allocation for placing children in private child care residential centres for 2014 and the outturn to date under this heading. [39614/14]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

142. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 703 of 24 June 2014, if a report on the updated position for 2013 which his predecessor undertook to supply is now to hand. [39616/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 141 and 142 together.

I have requested the budget allocation and the outturn to date for placing children in private residential child care centres for 2014 from the Child and Family Agency and I will revert to the Deputy when this information is to hand.

In relation to the list of private residential child care centres including the names of the providers and owners of the centres, the number of staff in each centre and the level of training and qualifications attained by each member of staff in these centres I regret the lateness of the reply but I have been informed that a list for 2013 is now to hand and has been issued to the Deputy.

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