Written Answers Nos. 120 - 134
120. Deputy Denis Naughten asked the Minister for Justice and Equality if she will have the case of the murder of Garda Richard Fallon on 3 April 1970 independently reviewed; and if she will make a statement on the matter. [41130/14]
Amharc ar fhreagraThe murder of Garda Richard Fallon was a terrible tragedy for his family and I want to, again, express my deepest sympathy to them. On top of that personal tragedy, his murder was also an event that can only be described as a heinous crime carried out by ruthless individuals with no respect for human life. In view of the fact that Garda Richard Fallon was carrying out his duties as a member of An Garda Síochána, his murder was also a direct attack on the institutions of this State.
The Serious Review Crime Team of An Garda Síochána is carrying out a review of this case. I am informed by the Garda Commissioner that recently the Serious Review Team advised a member of the family of Garda Fallon of the current status and the anticipated conclusion of the review in December 2014.
In the circumstances I think it would be best to await the outcome of the Garda review.
121. Deputy Clare Daly asked the Minister for Justice and Equality if she will provide an update on the work of the review panel into cases of allegations of Garda malpractice; and if she will take on board the points made by citizens and opposition Deputies that this process must become more transparent and involve a facility for persons to make their case orally. [41141/14]
Amharc ar fhreagraThe Deputy is referring to 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, to the Taoiseach, or to other public representatives, with a view to determining to what extent and in what manner further action may be required in each case. This was one of the actions agreed by the Government as a response to the report by Seán Guerin. A panel consisting of two Senior and five Junior Counsel was established for the purpose.
The independent review is well underway and 305 cases have been referred to them. This is a significant number of cases, and higher than originally estimated, but I think it was important to refer to the panel all of the allegations on hand, so as to ensure that every case where concerns have been expressed would get the benefit of an independent review. I do think that it is important to say that one outcome of such a review is that in many instances no further action may be recommended. This is to some extent inevitable in circumstances where, on the one hand, individuals have genuine but necessarily subjective concerns about how their particular cases were originally handled and, on the other hand, counsel have to examine objective evidence and especially whether those cases have been through due process, even if the persons involved remain unhappy with the outcome of that process.
The review of each allegation consists of an examination of the papers by a counsel from the Panel, and does not involve interviews or interaction with complainants or any other form of investigation, although counsel may recommend that I seek further information to assist in coming to an appropriate recommendation in any particular case.
The Independent Review mechanism is not a Commission of Inquiry or Investigation designed to make findings. The role of the Panel is to consider, based on a review of the correspondence and other documentation provided by the complainants, the steps taken to resolve their complaints to date and what further action, if any, might be appropriate. It is for this reason that hearings of the complaints are not being carried out during the review process.
I expect recommendations to be submitted in due course and action will be taken in light of the recommendations made by Counsel on the Panel, and each complainant and/or public representative will be notified accordingly.
122. Deputy Mick Wallace asked the Minister for Justice and Equality the steps taken and progress made to address the root causes of each of the Garda controversies from earlier this year, to include any improvements or departures in direction since her tenure as Minister commenced; if she will provide a clear timeframe for her reform programme; and if she will make a statement on the matter. [43822/14]
Amharc ar fhreagraThe 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 items:
- 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 inspectorate 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.
123. Deputy Niall Collins asked the Minister for Justice and Equality the way she plans to reform penal policy here; if she is satisfied with the operation of the community return scheme; and if she will make a statement on the matter. [43786/14]
Amharc ar fhreagraI am committed to a programme of comprehensive reform in the administration of criminal justice in Ireland, including in particular reform in prison and penal policy. In that context, I welcome the Report of the Penal Policy Review Group which I published 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.
Some of the report’s recommendations can be implemented in the short to medium term, while others will require a more long term approach. As an initial step, I recently obtained the agreement, in principle, of the Government to proceed immediately with the implementation of the following key recommendations:
- bringing forward legislative proposals to establish the Parole Board on an independent statutory basis;
- preparing proposals and options for the Government on reform of sentencing policy including a review of the threshold at which presumptive minimum sentences in drugs and other offences apply;
- preparing proposals for the Government on legislating for the review's recommendation that Courts set out in writing their reasons for imposing a custodial sentence;
- preparing proposals on the potential for increased use of earned remission; and
- pursuing options for an open prison for female offenders.
The Community Return programme continues to be rolled out nationally and is a novel initiative combining unpaid supervised work for the benefit of the community with early release and resettlement support. Almost 1,050 prisoners have taken part since October 2011 with 142 currently engaged on the scheme. Compliance has been almost 90%. Those who do not comply with the terms and conditions of their release are re-committed to prison immediately to serve the rest of their sentence in custody.
Apart from delivering real savings in the form of saved prison bed spaces and reparation to the community, I believe one of the most worthwhile elements of the programme is the positive development in providing a structure and support which can help prisoners to successfully resettle in their communities.
124. Deputy Michael McGrath asked the Taoiseach the dates on which the Economic Management Council have met with the banks during the lifetime of the current Government; the banks that attended on each occasion; the issues that were discussed; and if he will make a statement on the matter. [44322/14]
Amharc ar fhreagraThe Government has worked closely with the Irish banks to ensure the banking sector supports economic recovery. As part of this process the Economic Management Council met the banks on 9 November 2011, 21 February 2012 and 26 June 2012. As a Cabinet Committee, confidentiality of discussions at the Economic Management Council are protected by the Constitution and, in line with long-standing practice, it is not appropriate to answer questions about proceedings.
125. Deputy Terence Flanagan asked the Taoiseach the number of staff that are drawing down retirement pensions from the public sector or Civil Service and that have been brought back on contract work or temporary contracts to work in his Department; and if he will make a statement on the matter. [44123/14]
Amharc ar fhreagraOne person who previously retired from the public service, and who is in receipt of a public service pension, is employed in an unestablished position by my Department. The person concerned is the Government Press Secretary and I selected him for this position in 2011, in accordance with the usual procedure for appointments to this post.
127. Deputy Terence Flanagan asked the Tánaiste and Minister for Social Protection her views on a matter (details supplied) regarding the travel pass; and if she will make a statement on the matter. [44207/14]
Amharc ar fhreagraThe free travel scheme provides free travel on the main public and private transport services for approximately 800,000 people, elderly, disabled and carers at an annual cost of €77 million.
The Government made clear in the “Statement of Government Priorities, 2014-2016” that it is committed to the full retention of the Free Travel Scheme. Consequently, I have not considered the measures referred to by the Deputy and am therefore not in a position to provide the information requested.
128. Deputy Eoghan Murphy asked the Tánaiste and Minister for Social Protection her views on the legality of landlords refusing to accept tenants who are dependent on rent allowance payments. [44307/14]
Amharc ar fhreagraThe purpose of rent supplement is to provide short-term support to eligible people living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. There are currently approximately 72,500 rent supplement recipients for which the Government has provided over €344 million for 2014.
Under the legislative provisions governing rent supplement, the Department’s relationship is with the tenant. Rent supplement is specifically for the benefit of tenants to assist them with their accommodation needs. The tenant’s engagement with the Department usually takes place after the tenant has reached an agreement with the landlord. The fact that approximately 72,500 people are currently in receipt of rent supplement shows that a significant number of landlords are accommodating applicants of the scheme.
It is clearly my preference that a person in receipt of rent supplement should not be refused accommodation due to the fact that they are receiving support from the State. Officials in the Department are engaging with those in the Department of Justice and Equality in regard to this matter.
It is open to any person who has been refused a private tenancy and who feels discriminated against on the basis of his or her gender, civil status, family status, sexual orientation, religion, age, disability, race and membership of the Travelling community to refer a discrimination complaint to the Equality Tribunal under the Equal Status Acts.
129. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection if and when carer's allowance will issue in the case of a person (details supplied) in County Westmeath who has ceased employment; the reason the initial application was refused; if this parliamentary question will be accepted as notice of an appeal in this regard; and if she will make a statement on the matter. [43773/14]
Amharc ar fhreagraI confirm that the department received an application for carer’s allowance from the person in question on the 30th May 2014. The person concerned was refused carer’s allowance on the grounds that she was working outside the home for more than 15 hours per week and was not providing full time care and attention as required. The person concerned was notified of this decision on the 15th October 2014.
In the circumstances outlined in your question, the person concerned should reapply in writing to the Department as soon as possible with evidence of the date that her hours of employment reduced/ceased and her application will be re-examined. The circumstances of this case are complex and I am informed that it is likely that it will be necessary to refer the case to a social welfare investigative officer for a report on the circumstances in this case before a decision can be made.
130. Deputy Brendan Griffin asked the Tánaiste and Minister for Social Protection if she will extend free travel passes to epilepsy sufferers whose drivers' licences have been surrendered until they have gone a year without a seizure; if her attention has been drawn to the systems in place for such persons in the United Kingdom; her views on implementing similar systems here; and if she will make a statement on the matter. [43831/14]
Amharc ar fhreagraThere are currently approximately 800,000 people in Ireland in receipt of free travel at an annual cost of €77 million per annum.
The provision of free travel in the United Kingdom, including for people with epilepsy, varies depending on the locality, with a combination of involvement by the UK Government, devolved administrations and local authorities. In many cases, there are only half-fare concessions available and restrictions on the time of use and extent of journeys.
In general free travel in Ireland is available for a much wider group of people, with no restrictions on time or length of journey. The free travel scheme is available to all people aged over 66 living permanently in the State. Applicants who are under age 66, including those with epilepsy and other long-term medical conditions, must be in receipt of a qualifying payment in order to qualify for the scheme. The qualifying payments for those aged under 66 are invalidity pension, blind pension, disability allowance, carer’s allowance or an equivalent social security payment from a country covered by EC Regulations or one with which Ireland has a Bilateral Social Security Agreement.
Any decision to extend the scheme to persons who are not in receipt of a primary qualifying payment would have budgetary consequences and would have to be considered in the context of budget negotiations.
131. Deputy Billy Kelleher asked the Tánaiste and Minister for Social Protection the number of persons who have been contacted by her Department in 2014 regarding scheme overpayments which were assessed against them prior to 2008; the number of these persons who received correspondence in relation to the way the overpayment arose, in view of natural justice, and were informed of their right of appeal; the number of old age pensioners who have had deductions of at least 15% of the personal rate placed on their pension payment to recover such overpayments without due regard to the Statute of Limitations for the recovery of a debt through civil proceedings, which is six years; and if she will make a statement on the matter. [43836/14]
Amharc ar fhreagraOverpayments are generally defined as “money obtained contrary to or in excess of a valid decision”. An overpayment will arise where, in accordance with Part 11 of the Social Welfare Consolidation Act 2005, a revised decision is made by a Deciding Officer on a claimant’s entitlement resulting in a retrospective reduction in their entitlement. In deciding whether or not the decision should have retrospective effect, Deciding Officers are required to have regard to the facts relevant to the decision on entitlement. Founding their decision on facts will ensure that the deciding officers’ actions can result in the Department pursuing all debts. Customers who have been overpaid have a liability to refund the overpayment (Section 338 of the Social Welfare (Consolidation) Act, 2005 (as amended) refers.
When a revised decision is made, the claimant is notified and given the opportunity to appeal the decision within 21 days. Once the right of appeal has been exercised (or not) the Department will then consider the recovery of the overpayment.
A debt to the Department of Social Protection may comprise of a single overpayment or a number of overpayments. Once an overpayment has been assessed, and the person has been notified, any correspondence thereafter seeking recovery would refer to the total amount of debt owed. Therefore, the Department does not have the information requested by the Deputy regarding the number of persons who have been contacted in 2014 regarding scheme overpayments which were assessed against them prior to 2008.
When seeking to recover an overpayment, the rate of recovery proposed will be the maximum repayment that the person can afford in order to recover the overpayment as quickly as possible. Although the Department is empowered to deduct 15% of the weekly personal rate payable in respect of an overpayment without the customer’s consent, an officer may, nevertheless, ask the customer to repay the debt at a higher rate, where it is considered that they have the ability to pay. If the customer does not consent, then a deduction of more than 15% cannot be implemented. Similarly, an officer can consider deducting less than 15% in certain circumstances. Once a deduction is put in place it is not recorded if this was as a result of the customer’s agreement or in accordance with Section 13 of the Social Welfare Act, 2012 which allows for a deduction of an amount up to 15% of the weekly personal rate payable to a customer without the customer’s consent.
A social welfare debt will not become statute barred for recovery. It remains with a debtor for all future entitlement payments, and can be collected thereafter from any remaining estate. There is no statute of limitations preventing the Department recovering its debts by deduction from entitlements. Effective debt recovery is seen as an important measure to safeguard public expenditure. Where someone has been overpaid social welfare it is important that this money is recouped.
132. Deputy Arthur Spring asked the Tánaiste and Minister for Social Protection the options available in respect of a person (details supplied) in view of the fact that their appeal to backdate carer's allowance was refused; and if further information provided by the applicant will be considered. [43862/14]
Amharc ar fhreagraI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
134. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection the options available in respect of a person (details supplied) in County Kildare who does not qualify for disability allowance, who cannot work due to injury from a tragic and severe accident, and who was previously in receipt of jobseeker's allowance; and if she will make a statement on the matter. [43873/14]
Amharc ar fhreagraThe person concerned applied for Disability Allowance and this claim was disallowed. An appeal may be made against this disallowance. He may also be entitled to make an application for basic Supplementary Welfare Allowance (SWA) and in this regard the necessary application forms were issued to him on 14th November 2014, along with a request for the relevant supporting information. His eligibility will be assessed on receipt of this information. SWA is a means tested scheme and all household income is taken into account when assessing entitlement.
