Written Answers Nos. 261-274
262. Deputy Lucinda Creighton asked the Minister for Justice and Equality if she will provide an update on the appointment procedure for the appointment of a new Garda Commissioner; and if she will make a statement on the matter. [41144/14]
Amharc ar fhreagra320. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when she expects to be in a position to approve the appointment of a Garda Commissioner for An Garda Síochána; if the necessary procedures to do so are in place; and if she will make a statement on the matter. [44389/14]
Amharc ar fhreagraI propose to take Questions Nos. 262 and 320 together.
The next Commissioner of the Garda Síochána will be appointed following an open competition which is currently being carried out by the Public Appointments Service.
This is part of a wider programme of comprehensive Garda reform which is currently under way, which includes the development of legislative proposals to establish an Independent Policing Authority and to strengthen the remit and capacity of the Garda Síochána Ombudsman Commission. This process of reform is being overseen by a Cabinet Committee on Justice Reform which is chaired by the Taoiseach and includes the Tánaiste, myself as Minister for Justice, the Minister for Communications, Energy and Natural Resources and the Attorney General.
It is expected that the selection process for the Garda Commissioner will be completed in the coming weeks, and I would expect that the Government will be in a position to make an appointment next month as provided for in Section 9 of the Garda Síochána Act 2005.
263. Deputy Niall Collins asked the Minister for Justice and Equality the actions she will take to reduce legal costs here. [41133/14]
Amharc ar fhreagraThe Legal Services Regulation Bill 2011, which has commenced Report Stage in the Dáil, gives legislative expression to the commitment in the Programme for Government to "establish independent regulation of the legal professions to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints". Having been a sectoral objective under the EU/IMF/ECB Troika Programme, the Bill is now the subject of a Country Specific Recommendation under the EU Semester Process as well as being an objective of the Action Plan for Jobs, the Medium Term Economic Strategy 2014-2020 and the National Reform Plan. The Bill is, therefore, a key component of the Government's strategy to bring greater transparency to legal costs and to reduce their burden on consumers and enterprise.
The Bill makes extensive provision, in Part 10, for a new and enhanced legal costs regime that will bring greater transparency to how legal costs are charged by legal practitioners, along with a better balance between the interests of legal practitioners and those of their clients. Legal practitioners, whether solicitors or barristers, will be obliged to provide more detailed information about legal costs from the outset of their dealings with clients. This will be in the form of a Notice written in clear language which must be provided when a legal practitioner takes instructions. Among other things, the Notice must, as set out in section 117 of the Bill, disclose the costs that are involved, or, where this is not reasonably practicable, the basis upon which such costs are to be calculated. A cooling-off period is to be allowed for the consideration of costs by the client. When there are any significant developments in a case which give rise to further costs, the Bill provides that a client must be duly updated and given the option of whether or not to proceed with the case in question. In addition, the Bill sets out that it will not be permissible for legal practitioners to set fees as a specified percentage or proportion of damages payable to a client from contentious business and that it will no longer be permissible for barristers to charge junior counsel fees as a specified percentage or proportion of Senior Counsel fees.
An aggrieved client also has the option of applying for the taxation of disputed legal costs by the Office of the Taxing-Master. Under the Legal Services Regulation Bill the current functions of the Taxing-Master will be taken over by the new Office of the Legal Costs Adjudicator. The Bill sets out, for the first time in legislation, a series of Legal Costs Principles. These are contained in Schedule One and enumerate the various matters that may be taken into account in the adjudication of disputed legal costs. The Bill also provides for the establishment of a public Register of Determinations which will disclose the outcomes and reasons for decisions made by the Legal Costs Adjudicator.
In addition, the Bill seeks to achieve greater flexibility in the legal-services market, more competition and improved access to justice and will pave the way for the introduction of new business structures for legal practitioners which will enable cooperation across a range of legal and other professions so that knowledge and expertise can be joined to meet the needs of consumers in a more modern and cost-effective way.
The various new legal cost transparency measures that I have set out will apply to barristers as well as to solicitors and will enable those availing of legal services to identify costs and their basis more clearly, including by way of comparison with other possible legal service providers and in relation to any potential award. I would expect that, along with those other cost reduction measures that have been introduced by the Government in the procurement of legal services by State Bodies, the new legal costs regime and new legal business models will help reduce such costs and their burden on clients. These changes, along with other measures being introduced in the Legal Services Regulation Bill, will better balance the interests of consumers and those of legal practitioners thereby supporting greater competition and choice in the provision of legal services in the State.
264. Deputy Niall Collins asked the Minister for Justice and Equality the policies she will put in place to tackle the recidivism rates amongst those who have previously been in custody. [41134/14]
Amharc ar fhreagraI published the Report of the Penal Policy Review Group on 17 September. The Report proposes the adoption of a penal policy with the dual purposes of punishment and rehabilitation both in the imposition and management of criminal sanctions.
The Review Group identified rehabilitation and reintegration as a core principle and significant factor in reducing crime and considers that such aims are best achieved in a non-custodial environment as far as possible. In my view, prison is not the only solution when it comes to those convicted of lesser non violent offences. Re-offending can also be tackled head on by imposing a supervised community sanction, with appropriate supports, which could see punishment being served, but which would also lead, not only to rehabilitation, but to a reduced risk of re-offending.
In that context, I intend to proceed with the Criminal Justice (Community Sanctions) Bill which will strengthen the legislative framework for supervised community sanctions. In addition, the roll out of the Community Return Programme is continuing. This is a scheme where carefully selected prisoners can be granted reviewable temporary release coupled with a requirement to do community service work. The scheme represents a move away from releasing prisoners in an unstructured way.
Recidivism studies by the Central Statistics Office (CSO), which are available on my Department's website www.justice.ie, have shown that offenders who received either a Probation Order or a Community Service Order in 2007 and 2008 had a re-offending rate nearly 50% lower than those who had received a custodial sentence (41% vs 62%). This shows that supervised community sanctions can help to reduce re-offending, thereby reducing crime.
As I have stated previously, the publication of these studies will allow the Irish Prison Service and the Probation Service access to a comprehensive bank of data in relation to the rate of recidivism among ex-prisoners and offenders. Along with the implementation of the recommendations of the Penal Policy Review Group, this will help to inform future policy on the management of offenders and will facilitate the formulation of new strategies aimed at reducing recidivism.
265. Deputy Niall Collins asked the Minister for Justice and Equality if she is satisfied with the current operation of bail. [41135/14]
Amharc ar fhreagraA decision to grant bail in a particular case is a matter for the court, which is, subject only to the Constitution and the law, independent in the exercise of its judicial functions. There is a constitutional presumption in favour of bail, since, in the eyes of the law, a person is innocent until proven guilty. The provisions of the European Convention on Human Rights also restrict the extent to which the right to bail can be limited.
Prior to the Sixteenth Amendment of the Constitution, bail could be refused essentially only on the grounds that a person would be likely to abscond or interfere with witnesses. Section 2 of the Bail Act 1997, which gave effect to the terms of the Sixteenth Amendment of the Constitution, provides for the refusal of bail to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person. Section 2(2)(d) provides that in exercising its jurisdiction under that section, a court shall take into account and may receive evidence or submissions concerning any conviction of the accused person for an offence committed while he or she was on bail.
In addition, section 6 of that Act, as amended by section 9 of the Criminal Justice Act 2007, provides that every bail recognisance is subject to the condition that the accused person shall not commit an offence while on bail.
The criminal law takes a serious view of offences committed by persons on bail. Section 11 of the Criminal Justice Act 1984 provides that any sentence of imprisonment passed on a person for an offence committed while on bail must be consecutive on any sentence passed on him or her for a previous offence, or on the sentence last due to expire, if more than one is being served. It also provides that the fact that an offence was committed while on bail must be treated as an aggravating factor at sentencing and that the court shall impose a sentence that is greater than that which would have been imposed otherwise, unless there are exceptional circumstances.
I am conscious of public concern about the extent to which offences continue to be committed by persons on bail. In this regard, I can inform the Deputy that the preparation of the General Scheme of a Bail Bill to modernise the law on bail is at a very advanced stage and I intend to bring proposals to Government on the matter in the coming weeks.
While the primary aim of the proposed Bail Bill is to consolidate and update bail law, I wish to take the opportunity to seek, as far as is possible, within the constraints of the Constitution and the jurisprudence of the European Court of Human Rights, to focus the legislation on the protection of the individual and of the public. The intention is that the new provisions will provide better guidance to the courts on how such protection might be provided. The new Bill will seek to improve the operation of the bail system and make the law as effective as possible in protecting the public against the commission of offences by persons on bail.
266. Deputy Niall Collins asked the Minister for Justice and Equality when she expects the new Garda authority to be established. [41136/14]
Amharc ar fhreagraThe establishment of the Independent Policing Authority is a major element of the comprehensive programme of justice reform which is being delivered by the Government. In that context the Government has indicated its intention that the new Authority should be in operation as soon as possible.
I have recently published the General Scheme of the Garda Síochána (Amendment) Bill 2014 which makes provision for the establishment of the Policing Authority. The General Scheme has been referred to the Joint Committee on Justice, Defence and Equality for scrutiny in parallel with the priority drafting of the Bill which will be brought before the Oireachtas as soon as practicable.
The Deputy will also be aware that the Government has nominated Ms Josephine Feehily as the first Chairperson-designate of the Policing Authority. Ms Feehily is a woman of unimpeachable integrity and unquestioned ability who will bring a wealth of experience and competences, including in the area of investigations, to her new role. In her capacity as Chairperson-designate she will be involved in the final rounds of the recruitment process of the new Garda Commissioner as well as the preparations to be made for the establishment of the Authority.
267. Deputy Niall Collins asked the Minister for Justice and Equality the current number of attested members of An Garda Síochána; and if she will make a statement on the matter. [41137/14]
Amharc ar fhreagraAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of personnel among the Garda Regions, Divisions and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
I have been informed by the Garda Commissioner that the current number of attested members of An Garda Síochána on 30 September 2014, the latest date for which figures are readily available, was 12,861.
The Deputy will be aware the first intake since 2009 of 100 new recruits entered training at the Garda College in Templemore on Monday 15th September 2014. This marked a positive step forward for policing in Ireland. Furthermore, as provided for in Budget 2015 the process of recruiting 200 new Gardaí to the force will continue over the next few months. The first batch of recruits (already in training) will attest as members of the Garda Síochána in May of 2015 and will be assigned to Garda Stations throughout the country by the Garda Commissioner.
268. Deputy Eamon Gilmore asked the Minister for Justice and Equality if she will provide an update on measures to address the purchase of sex; and if she will make a statement on the matter. [43857/14]
Amharc ar fhreagra279. Deputy Michael McCarthy asked the Minister for Justice and Equality when she will introduce laws targeting sex buyers in line with the recommendations of the Joint Committee on Justice, Defence and Equality; and if she will make a statement on the matter. [43909/14]
Amharc ar fhreagraI propose to take Questions Nos. 268 and 279 together.
As the Deputies are aware, there is an ongoing debate as to the approach to be adopted in tackling the exploitation associated with prostitution which includes the recommendations of the Joint Committee on Justice Defence and Equality following its review of legislation on prostitution. There are a wide range of issues involved which require consideration and any proposals will be brought to Government in the usual way.
Our criminal law already contains a number of provisions directed at the public nuisances and exploitation associated with prostitution. Solicitation, by both the client and the prostitute, living on the earnings of prostitution, organising prostitution and running a brothel are all offences under the Criminal Law (Sexual Offences) Act 1993.
269. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the numbers and work of the Garda Reserve; her views on their work and dedication; if she will consider supporting those reserves and their wish to enter full-time training and employment in An Garda Síochána; and if she will make a statement on the matter. [43864/14]
Amharc ar fhreagra285. Deputy Niall Collins asked the Minister for Justice and Equality her views on allocating a percentage of all new Garda recruitment places to applications from Garda reserves. [41249/14]
Amharc ar fhreagraI propose to take Questions No. 269 and 285 together.
I have been informed by the Garda Commissioner that the personnel strength of the Garda Reserve on 30 September 2014, the latest date for which figures are readily available, was 1,112 with a further 84 in training. The Commissioner has advised that the Garda Reserve continue to be a significant additional resource available to the Force in terms of supplementing its policing and other functions. I would also like to record my appreciation to Garda Reserve members for the contribution and service they make on a daily basis to the work of An Garda Síochána. Together with full time members, they provide vital assistance to communities and neighbourhoods right across the country.
The Deputy will be aware that the competition for recruitment to An Garda Síochána was run by the Public Appointments Service on behalf of the Garda Commissioner. It is important that all persons wishing to join the full time force undergo the same competitive selection and recruitment process. The Garda Síochána (Admissions and Appointments) Regulations 2013 provides that in a competition for full-time membership of An Garda Síochána, the Public Appointments Service shall take into account "any satisfactory service by the person as a reserve member of the Garda Síochána". This provision was introduced in order to acknowledge the beneficial experience and skills gained by a Reserve member and to allow them the opportunity to highlight that experience and skill at any stage of the selection process.
As you will be aware the first intake since 2009 of 100 new recruits commenced training in the Garda College, Templemore, on 15 September 2014. This marked a positive step forward for policing in Ireland. I would like to point out that twenty-five of this intake were former members of the Garda Reserve. The process of recruiting 200 additional Gardaí will continue over the next few months. This will bring to 300 the number of recruits in the Garda College and is a measure of this Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The recruits who are already in training will attest as members of the Garda Síochána in May of 2015 and will be assigned to Garda stations throughout the country by the Garda Commissioner.
270. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the number of probation officers working in Dublin Central; and the number of cases handled by each probation officer. [43865/14]
Amharc ar fhreagraI have been advised by the Probation Service that there are currently 80 Probation Officers working in the Dublin region who are engaged in a range of duties including the preparation of assessments for court, the supervision of court orders, and the delivery of focused offender intervention programmes. The typical caseload of a Probation Officer ranges from 20 to 50 cases at any given time depending on the duties to which they are assigned.
271. Deputy Ciara Conway asked the Minister for Justice and Equality if she will provide a breakdown of the numbers of prisoners currently being held in solitary confinement in the prison system here, whether for the purposes of ensuring their own protection or otherwise; her views on this as an appropriate and humane action in view of the acknowledged impact of isolation on mental health; and if she will make a statement on the matter. [43881/14]
Amharc ar fhreagraThere is no provision for solitary confinement in the Irish Prison Service. However, the Deputy will appreciate that, on occasion, it is necessary for vulnerable prisoners and others to be separated from the general prison population.
The restriction of a prisoner's regime can occur due to a number of factors including, the protection of vulnerable prisoners. This is provided for under Rule 63 of the Prison Rules 2007. A prisoner may, either at his/her own request or when the Governor considers it necessary, in so far as is practicable and subject to the maintenance and good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause significant harm to him/her.
In addition, the Governor may decide, for the maintenance of good order in the prison, to remove a prisoner from general association or structured activity to reduce the negative effect that a prisoner or prisoners may have on the general population. This is provided for under Rule 62 of the Prison Rules 2007. There may also be a smaller number of prisoners who would be restricted for medical (Rule 64) or discipline reasons (Rule 67).
The fact that prisoners seeking protection are immediately separated from the general population or from specific prisoners identified as presenting a threat, clearly demonstrates the commitment of the Irish Prison Service to ensure their safety and security. The status of each prisoner on restricted regime within the prison system is regularly reviewed and they have access to full medical services. If possible, prisoners can be transferred to other institutions where a restricted regime would not be necessary.
The Irish Prison Service Statistics Unit commenced the collation of a quarterly Census of Restricted Regime Prisoners in 2013.
The number of prisoners on a Restricted Regime 01 October 2014 is set out in the table.
|
- |
Prisoners on Restricted Regime |
|
Mountjoy Male |
54 |
|
Dóchas |
2 |
|
St. Patrick’s |
0 |
|
Cork |
32 |
|
Limerick |
60 |
|
Castlerea |
0 |
|
Cloverhill |
5 |
|
Wheatfield |
65 |
|
Portlaoise |
6 |
|
Arbour Hill |
0 |
|
Midlands |
22 |
|
Training Unit |
0 |
|
Loughan House |
0 |
|
Shelton Abbey |
0 |
|
Total |
246 |
272. Deputy Michael McNamara asked the Minister for Justice and Equality the number of Irish citizenships awarded in each month since March 2011. [43882/14]
Amharc ar fhreagraThe number of certificates of naturalisation granted in each month from March 2011 to October 2014 are 400, 300, 600, 800, 1,800, 2,100, 2,200, 700, 0, 800, 300, 2,600, 300, 3,800, 300, 4,900, 200, 4,300, 500, 3,200, 500, 4,100, 500, 200, 3,100, 1,500, 3,000, 500, 4,900, 200, 4,300, 500, 3,200, 500, 4,100, 500, 200, 3,100, 1,500, 3,000, 500, 4,900, 5,100, 600, 4,300, 400, 0, 3,600, 900, 4,500, 400, 700, 400, 4,000, 700, 3,800 and 400.
The Deputy may wish to note that the smaller numbers of cases in certain months relate to minors who were granted naturalisation, while the larger numbers of cases in certain months indicate that citizenship ceremonies were held in those months.
273. Deputy Michael McNamara asked the Minister for Justice and Equality the average length of time from application until citizenship is awarded for those granted citizenship at the most recent awards ceremony. [43883/14]
Amharc ar fhreagraStatistics are not compiled in such a way as to provide the information requested by the Deputy. However, over 70% of applications are being decided within 6 months of the date of receipt and most applicants are invited to and attend a citizenship ceremony within 2 months of this timeframe.
Applications are continuously processed from date of receipt. Enquiries are made to establish if the applicant satisfies the conditions for naturalisation such as residency and good character. As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process and, in some instances, completing the necessary checks can take a considerable period of time. It is recognised that all applicants for citizenship would wish to have a decision on their application without delay and every effort is made to process each application as expeditiously as possible, having regard to the particular circumstances of the case.
274. Deputy Michael McNamara asked the Minister for Justice and Equality when citizenship will be granted in respect of a person (details supplied) in County Clare. [43884/14]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy.
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. I am informed that this application is now at an advanced stage of processing and the applicant will be informed of my decision in due course.
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.
