Written Answers Nos. 303-16
303. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality if she will request An Garda Síochána to expedite the processing of a Garda vetting application in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [44257/14]
Amharc ar fhreagraI am informed by the Garda authorities that a vetting application on behalf of the individual referred to by the Deputy was processed by the Garda Central Vetting Unit (GCVU) and returned to the Authorised Signatory in the registered organisation concerned on 31st October, 2014.
304. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 194 of 18 April 2013, if she will provide an update on whether there are plans within her Department to address continuing problems associated with ground rents. [44259/14]
Amharc ar fhreagra305. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if records are retained on the number of households or properties potentially subject to ground rents wherein the residents of the households or properties do not have a freehold interest; if she will report on the current methods whereby the level of such rents are determined; and if her Department is aware of the locations of affected households and properties. [44260/14]
Amharc ar fhreagraI propose to take Questions Nos. 304 and 305 together.
The current statutory position is that section 2 of the Landlord and Tenant (Ground Rents) Act 1978 introduced a prohibition on the creation of new leases reserving ground rents on dwellings. As regards the existing ground rents, Part III of the Landlord and Tenant (Ground Rents) (No.2) Act 1978 contains a statutory scheme whereby a person may, at reasonable cost, acquire the fee simple in their dwelling. Comprehensive details of the manner in which the fee simple can be acquired under this scheme are available on the Property Registration Authority's website (www.prai.ie). In the case of property other than dwellings, the Landlord and Tenant (Ground Rents) Act 1967 contains provisions which facilitate acquisition of the fee simple in certain cases subject to agreed terms or on terms set out in an arbitration carried out by the County Registrar.
As regards the number of dwellings and other properties on which ground rents remain payable, the position is that no such data are available. The title deeds of individual properties normally contain all the relevant covenants, including details of any arrangements for the payment of ground rent and the amounts involved. To date, over 80,000 applicants have acquired the freehold title to their properties under the statutory scheme operate by the Property Registration Authority.
The position regarding ground rents was considered by the All-Party Oireachtas Committee on the Constitution in their 2004 Report 'Private Property'. The Committee took the view that a ground rent is a form of property right which is constitutionally protected and that abolition of such rents would be unconstitutional in the absence of adequate monetary compensation. The Committee also noted that where leases were approaching expiry, any legislation providing for the abolition of ground rents would have to provide for the payment of enhanced compensation. While I have no immediate plans to introduce further legislation in this area, operation of the existing law continues to be kept under review by my Department.
306. Deputy Niall Collins asked the Minister for Justice and Equality if her attention has been drawn to matters sent to her by a person (details supplied); her views on these matters; the actions she will take on these matters; and if she will make a statement on the matter. [44265/14]
Amharc ar fhreagraThe person to whom the Deputy refers is amongst those whose complaints are being considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, or other public representatives with a view to determining to what extent and in what manner further action may be required in each case.
A panel consisting of two Senior and five Junior Counsel was established for the purpose. The counsel appointed to the Panel were all selected on the basis of their experience of the criminal justice system. The review of each complaint consists of an examination of the papers in the complaint by a counsel from the panel. Following the review of each complaint a recommendation will be made as to whether any further action is desirable and could practicably be taken.
Elements of some of the complaints being considered, including the complaints of the person referred to by the Deputy, relate to issues outside the remit of the independent review mechanism. Once Counsel have forwarded their recommendations on the issues within their remit, any other issues raised will be considered before responding to the complainants.
307. Deputy Jerry Buttimer asked the Minister for Justice and Equality when she expects the Criminal Justice (Spent Convictions) Bill to be passed by Dáil Éireann and subsequently enacted; and if she will make a statement on the matter. [44268/14]
Amharc ar fhreagraThe Bill has passed Committee Stage in the Dáil, having passed all stages in the Seanad. However, before the Bill could be taken at Report Stage, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. That review has been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill are currently being drafted. The Bill will be enacted at the earliest opportunity. Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures has been introduced, which provides that certain minor offences that are over 7 years old are no longer disclosed.
309. Deputy Eoghan Murphy asked the Minister for Justice and Equality her views that the justice system is fit for the purpose of dealing with the city’s drug problem (details supplied). [44300/14]
Amharc ar fhreagraTackling the issue of drug misuse in our society remains one of the most complex challenges that we face. The Government response to the problem is set out in the National Drugs Strategy for the period 2009-2016.
The Strategy provides a co-ordinated and comprehensive response to the issue of drug misuse, founded on a partnership approach.
The Strategy, which is being delivered under the stewardship of my colleague Minister for Health, Mr. Leo Varadkar T.D., adopts a pillar based approach to the problem, involving the implementation of a wide range of measures across the five pillars of drug supply reduction, prevention, treatment, rehabilitation and research.
I can assure the Deputy that my Department and its agencies continue to actively participate in all of the structures in place under the Strategy and will continue with the ongoing implementation of all actions related to the criminal justice sector as set out in the Strategy.
More generally, with regard to the issue of anti-social behaviour in Dublin city I would refer the Deputy to my response earlier today to Parliamentary Question No. 91 in which I outlined the current position regarding action being taken to deal with concerns raised regarding the safety of the city centre.
In relation to the question of sentencing, as the Deputy will appreciate, judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. The approach of the Oireachtas has generally been to specify in law a maximum penalty for an offence, so that a court, having considered all the circumstances of a case, may impose an appropriate penalty up to that maximum. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present.
311. Deputy Mattie McGrath asked the Minister for Justice and Equality the efforts her Department has made to amend legislation governing firearm ownership particularly around revoking all existing .22 and 9 mm firearms licences; if there are proposals by her Department or An Garda Síochána to delete Annex F of the Garda Commissioner’s guidelines; and if she will make a statement on the matter. [44326/14]
Amharc ar fhreagra312. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if she will respond to an issue (details supplied ) regarding firearms licensing; and if she will make a statement on the matter. [44335/14]
Amharc ar fhreagraI propose to take Questions Nos. 311 and 312 together.
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, a joint Department of Justice and Equality/An Garda Síochána Working Group was established by my Department to review firearms licensing. The Report of this Working Group was published on 13 November and submissions on the Report have been sought from stakeholders and the public during a one month consultation period until 15 December. This process gives individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation.
The Garda Commissioner has made a decision, with Ministerial consent, to issue new Garda Guidelines on the Firearms Acts which exclude the former Annex F of the guidelines. The interpretation of the previous Annex F had caused serious difficulties and confusion in regard to applications for firearm certificates for .22 calibre handguns and has resulted in over 30 Judicial Review applications to date. The Commissioner made this decision to issue new Guidelines, without Annex F, on foot of consultations with the Attorney General’s Office (AGO) and Counsel for the State regarding Judicial Review applications on the licensing of .22 calibre handguns. There have been no changes to either primary or secondary legislation as a result of amending these guidelines. A more general revision of the Garda Guidelines will be carried out in light of the outcomes of the public consultation on the review of firearms licensing.
313. Deputy Bernard J. Durkan asked the Minister for Justice and Equality her preferred options for reorganisation of An Garda Síochána; the extent to which she expects to rely on the recently published report on the conduct of investigations into serious crimes by the Garda Inspectorate; and if she will make a statement on the matter. [44382/14]
Amharc ar fhreagra314. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which interim steps toward the reorganisation of operational structures in An Garda Síochána is likely to take place in the near future; and if she will make a statement on the matter. [44383/14]
Amharc ar fhreagraI propose to take Questions Nos. 313 and 314 together.
The underlying focus of the Government’s comprehensive programme of justice reform is to put in place effective arrangements for the oversight, governance and accountability of the Garda Síochána. The very broad nature of the policing issues that have come to attention requires a multi-faceted response. Overall, the Government’s objective is to ensure that the confidence of the public in the Garda Síochána is maintained and bring forward the necessary change so that the high quality and respected service that the Garda Síochána has provided is continued and enhanced to better meet the realities, requirements and expectations of 21st century policing.
Considerable progress has already been achieved with regard to the various elements of the Government reform programme and, in particular, I would draw the attention of the Deputy to the following developments:
- The Independent Review Mechanism, consisting of a panel of counsel established to examine approximately 300 complaints alleging Garda misconduct or problems with investigating misconduct, is continuing its work and has made significant progress;
- The Public Appointments Service is currently managing the first open competition to appoint a new Garda Commissioner. It is expected that the new Commissioner will be appointed by early December;
- Following a process undertaken by the Public Appointments Service seeking expressions of interest, the Government has recently nominated Ms Josephine Feehily as the Chairperson-designate for the forthcoming Independent Policing Authority. As Chairperson-designate Ms Feehily will assist in the final round of the recruitment process for the appointment of the Garda Commissioner as well as preparations for the establishment of the Authority;
- I have published the General Scheme of a Bill to provide for the establishment of the new Independent Policing Authority. The General Scheme has been referred to the Joint Oireachtas Committee on Justice, Defence and Equality for scrutiny in parallel with the priority drafting of the Bill which will be introduced in the Oireachtas as soon as practicable;
- I have also recently published the Garda Síochána Inspectorate’s crime inspection report. The report deals with crime recording and investigation, and also deals with some of the concerns raised by Mr. Seán Guerin SC in his report to the Government earlier this year in respect of certain Garda actions. The report contains more than 200 recommendations for implementation which are being actively pursued;
- Work is being finalised on the establishment of a Commission of Investigation into matters identified in the Guerin report;
- The Fennelly Commission of Investigation set up to examine the operation of telephone recording systems in certain Garda Stations over many years, as well as other matters, recently sought an extension to its end of 2014 deadline for the submission of its report. However, the Commission has indicated that it will submit an interim report in respect of specific issues;
- The report of Judge Cooke’s inquiry into reports of unlawful surveillance of GSOC has been published and GSOC has published a redacted version of the report it commissioned into the possible disclosure of confidential information;
- The Garda Síochána (Amendment) (No. 3) Bill 2014 has been introduced to expand the remit and powers of the Garda Síochána Ombudsman Commission (GSOC). In addition the Bill contains measures to clarify certain matters raised in Judge Cooke’s report and amendments are also being made to legislation in respect of the exercise of certain police powers by GSOC;
- The review of the Garda Síochána under the Haddington Road Agreement is expected to be completed shortly and encompasses all aspects of the operation and administration of the Garda Síochána;
- I published the Report of the Independent Review Group on the Department of Justice and Equality in July and I am working closely with the Department’s senior management team to implement the report’s recommendations;
- The Protected Disclosures Act 2014 has amended Garda legislation to allow Garda members to make “protected disclosures” to GSOC in confidence in respect of alleged Garda misconduct. The relevant provisions of the Act have been brought into operation;
- The recently enacted Freedom of Information Act 2014 extends to the Garda Síochána.
315. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which adequate and appropriate space remains available throughout the Prison Service to accommodate the various categories of prisoner with particular reference to the need to segregate serious offenders from those found guilty of less serious crime; and if she will make a statement on the matter. [44384/14]
Amharc ar fhreagraI wish to inform the Deputy that the overall bed capacity of the Irish Prison System is 4,126. On 14th November, 2014 there were 3,789 prisoners in custody. This represents 92% occupancy.
I wish to inform the Deputy that at the end of October 2014, there were 3,143 usable cells in the prison system. 2,026 prisoners were accommodated in single cells which accounted for 53% of all prisoners (3,806). In addition, there were 687 cells which accommodated 2 prisoners, 94 cells which accommodated 3 prisoners and 28 cells which accommodated 4 or more prisoners. As the Deputy will appreciate the Irish Prison Service must accept all prisoners committed by the Courts into its custody and does not have the option of refusing committals.
I can inform the Deputy that all committals to the prison service are dealt with in a manner which ensures the safety of the prisoner themselves, the staff and the entire prisoner population. Each prisoner is placed in accommodation deemed appropriate to the individual based on the information made available to the prison staff on committal, which would include, health, offence, criminal connections and possible conflicts with other prisoners.
There are 14 institutions in the Irish prison system consisting of 11 traditional 'closed' prisons, 2 open centres and 1 semi-open centre. The profile of each institution is outlined in the following table:
|
Prison |
Profile |
Security |
|
Arbour Hill |
Closed - long term sentenced prisoners |
Medium |
|
Castlerea |
Closed - remand and sentenced prisoners - Connaught region |
Medium |
|
Cloverhill |
Closed - primarily caters for remands prisoners |
Medium |
|
Cork |
Closed - remands and sentenced prisoners |
Medium |
|
Dóchas Centre |
Closed female prison |
Medium |
|
Limerick |
Closed - remands and sentenced prisoners including females |
Medium |
|
Loughan House |
Open Centre |
Low |
|
Midlands Prison |
Closed - special wing to include sex offenders |
Medium |
|
Mountjoy |
Closed - main committal prison for Dublin area |
Medium |
|
Portlaoise |
Closed - committals from Special Criminal Court and includes subversive prisoners |
High |
|
Shelton Abbey |
Open Centre |
Low |
|
St. Patrick's Institution |
Closed - remand prison only for young offenders. |
Medium |
|
Training Unit |
Semi Open - strong emphasis on Work and Training |
Low |
|
Wheatfield |
Closed - Place of detention - strong emphasis on Work and Training |
Medium |
The Deputy will appreciate that my officials are concentrating on aligning our prisoner population numbers with the Inspector of Prisons' recommendations in those prisons with the highest levels of over-crowding, namely Cork Prison, Limerick Prison and the Dóchas Centre.
Refurbishment of the Mountjoy B and C wings was completed in 2012. Refurbishment of the A wing commenced in early January 2013 and was completed early this year. Work and refurbishment work on the D wing is almost complete. It is hoped that the works which include in-cell sanitation will be completed by the third quarter of 2015.
In relation to Cork Prison, a contract for the construction of a new prison to replace the existing facility was awarded late last year and construction began in January, 2014 with an estimated completion date in the third quarter of 2015.
The Business Case for the Limerick Prison redevelopment project was submitted to the Department of Public Expenditure and Reform in June of last year and approval has been received to advance the project to detailed design stage.
316. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which overcrowding remains an issue in both male and female prisons throughout the country; if measures are in hand to address this issue; and if she will make a statement on the matter. [44385/14]
Amharc ar fhreagraThe Deputy will be aware that the primary role of the Irish Prison Service is to provide 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.
As outlined in the Irish Prison Service Three Year Strategic Plan, it is intended to align the capacity of our prisons with the guidelines laid down by the Inspector of Prisons in 2014, in so far as this is compatible with public safety and the integrity of the criminal justice system. The Inspector of Prisons has recommended a total of 3,982 prisoners in custody. As of 16 November 2014 there were 3,739 prisoners in custody, or 94% of the Inspector's recommended total.
A full breakdown to include, capacity, number in custody and percentage of bed capacity is set out in the following table as of November 16th 2014.
|
Institution |
Bed Capacity |
Number in Custody |
% of Bed Capacity |
|
Mountjoy Campus |
- |
- |
- |
|
Mountjoy (M) |
548 |
536 |
97% |
|
Mountjoy (F) |
105 |
111 |
106% |
|
Training Unit |
96 |
80 |
83% |
|
St Patrick’s |
34 |
7 |
21% |
|
West Dublin Campus |
- |
- |
- |
|
Cloverhill |
431 |
360 |
84% |
|
Wheatfield |
550 |
482 |
88% |
|
Portlaoise Campus |
- |
- |
- |
|
Midlands |
870 |
800 |
92% |
|
Portlaoise |
291 |
234 |
80% |
|
Cork |
210 |
218 |
104% |
|
Limerick (M) |
220 |
225 |
102% |
|
Limerick (F) |
28 |
27 |
96% |
|
Castlerea |
340 |
317 |
93% |
|
Arbour Hill |
142 |
139 |
98% |
|
Loughan House |
140 |
105 |
75% |
|
Shelton Abbey |
115 |
98 |
85% |
|
Totals |
4,126 |
3,739 |
91% |
The Deputy will be aware that the average number of prisoners in custody in Ireland has risen in recent years, from 3,321 during 2007 to 4,318 during 2012, an increase of over 30%. Likewise the total number of committals to prison has also risen sharply during the same period, from 11,934 in 2007 to 17,026 in 2012 – an increase of over 43%.
2013 saw the first significant decrease in prison numbers since 2007. There were 15,735 committals to prison in 2013 which was a decrease of 7.6% on the 2012 figure.
In addition, a 40 month capital programme is being implemented to eliminate slopping out and to improve prison conditions in the older part of the prison estate. I am advised by my officials that work is continuing on the modernisation project at Mountjoy prison. "D" Wing is the last wing in Mountjoy requiring refurbishment and on the completion of this, all cells in Mountjoy prison will have in cell sanitation facilities. Works commenced in early June, 2014 with a completion date of the second quarter in 2015. This will eliminate slopping out in Mountjoy Prison by 2015. Planning is continuing in respect of the refurbishment and modernisation of "D" Wing workshops.
In relation to Cork Prison, a contract for the construction of a new prison to replace the existing facility was awarded late last year and construction began in January, 2014 with a completion date on the third quarter of 2015.
The Business Case for the Limerick Prison redevelopment project was submitted to the Department of Public Expenditure and Reform in June of last year and approval has been received to advance the project to detailed design stage.
Finally, I can advise the Deputy that the Irish Prison Service and Probation Service published a joint Strategic Plan for 2013-2015. Both agencies are working together and have developed a strategy which ensures a more targeted response to women offenders which it is hoped will reduce overcrowding in female prisons. These measures include:
- identifying and diverting women at risk of a custodial sentence through greater use of community sanctions, supports and inter-agency co-operation;
- strengthening early intervention measures in the community through adopting a co-ordinated multi-agency approach;
- improving outcomes for women currently in custody;
- exploring the potentials of women centric alternatives to custody;
- development of a suitable step down facility for women offenders, a pathway such as this from the Dóchas Centre to the community would have a positive effect on reducing the numbers in the Dóchas Centre;
- enhanced co-operation with the community and voluntary sector.
