Fergus O'Dowd
Ceist:410. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if she will repeal the Lunacy Regulation (Ireland) Act 1871; and if she will make a statement on the matter. [49652/14]
Amharc ar fhreagraLegislative Programme
Ceisteanna (410)
Freagraí scríofa
The primary aim of the Assisted Decision-Making (Capacity) Bill, awaiting Committee Stage, which is currently before the Dáil, is to abolish the current court wardship system and to replace it with a new decision-making framework that is compliant with the UN Convention on the Rights of Persons with Disabilities.
The Bill provides for the Lunacy Regulation (Ireland) Act 1871 to cease to have effect. Once the Bill is enacted, the 1871 Act will no longer provide a legal basis for assessment of a person’s decision-making capacity. Instead, the Bill provides for any person who has been made a ward of court under the 1871 legislation to have her or his case reviewed by the court. Following review, the person will be discharged from wardship. Where the person is found by the court to lack decision-making capacity, the possibility will be available of having a decision-making representative appointed to take decisions on the person's behalf but who will have to take account of the person's will and preferences, where possible.
The Department has been advised that providing for the Lunacy Regulation (Ireland) Act 1871 to cease to have effect will achieve the aim of ensuring that wardship is abolished for existing wards and for the future. However, as I finalise the necessary amendments for Committee Stage of the Bill, due shortly, I will also consider, in conjunction with the Attorney General's Office, whether particular provision can be made for unequivocal repeal of the 1871 Act.
Legislative Process
Ceisteanna (411)
Fergus O'Dowd
Ceist:411. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if she will publish the revised Assisted Decision-Making (Capacity) Bill 2013; and if she will make a statement on the matter. [49653/14]
Amharc ar fhreagraFreagraí scríofa
The Assisted Decision-Making (Capacity) Bill 2013 was published in July 2013. My Department is currently working on possible amendments to it aimed at ensuring that it complies with the UN Convention on the Rights of Persons with Disabilities. These amendments are subject to approval through the legislative process, the next stage of which will be examination by Dáil Committee in the current session. As the Bill has already commenced its transit through the Houses of the Oireachtas it will not be republished. However, amendments to it will become a matter of public record as it passes through each stage of the legislative process.
Legislative Measures
Ceisteanna (412)
Fergus O'Dowd
Ceist:412. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if she will introduce hate crime legislation; and if she will make a statement on the matter. [49654/14]
Amharc ar fhreagraFreagraí scríofa
Under the Prohibition of Incitement to Hatred Act 1989, it is an offence, inter alia, to use words, publish or distribute written material, or broadcast any visual images or sounds which are threatening, abusive or insulting and are intended, or, having regard to all the circumstances, are likely to stir up hatred. The word "hatred" is defined as "hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation".
In addition to the foregoing legislation, where criminal offences such as assault, criminal damage, or public order offences are committed with a racist motive, they are prosecuted as generic offences though the wider criminal law. The trial judge can take aggravating factors, including racial motivation, into account at sentencing.
A cross-Departmental review of Ireland’s Integration Strategy, including measures to address racism, is currently being led by the Office for the Promotion of Migrant Integration which is part of my Department.
As well as the cross-Departmental review, the Joint Oireachtas Committee on Justice, Defence and Equality is also looking at the area of integration, multiculturalism and combating racism.
I will consider the introduction of legislative proposals on hate crime in the context of the outcome of these reviews.
Garda Síochána Ombudsman Commission Investigations
Ceisteanna (413)
Michael Fitzmaurice
Ceist:413. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality the reason the Garda Síochána Ombudsman Commission failed to conduct a proper investigation into a complaint against gardaí made by a specific person (details supplied) arising out of an incident on 14 July 2013; the reason GSOC did not get a professional transcript of an audio recording of that incident prior to dismissing the complaint; her views that a paper review by counsel is a sufficient response to such a serious incident; and if she will make a statement on the matter. [49658/14]
Amharc ar fhreagraFreagraí scríofa
The Garda Síochána Act 2005 established the Garda Síochána Ombudsman Commission (GSOC) to receive complaints from members of the public concerning the conduct of members of the Garda Síochána. The Act stipulates that the Ombudsman Commission is statutorily independent in the exercise of its functions and I have no role or function in the processing of individual complaints which are referred to it for investigation.
The review to which the Deputy refers is 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, 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 will consist 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. What is of crucial importance, however, and this was the objective of Government in establishing the review, is that every case will have been reviewed by independent counsel, who will have made an objective recommendation.
It would not be appropriate to comment upon individual complaints being reviewed by this mechanism before I have received and considered counsel's recommendation therein.
Disability Services Provision
Ceisteanna (414)
Finian McGrath
Ceist:414. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding issues raised by persons with intellectual disabilities; and if she will make a statement on the matter. [49681/14]
Amharc ar fhreagraFreagraí scríofa
At the outset, I wish to assure the Deputy that the Government continues to prioritise the needs of people with disabilities. Responsibility for coordinating policy on disability lies with my Department. However, the implementation of sectoral policy is a matter for a number of Government Departments, with responsibility for provision of services resting mainly with the Department of Health.
In line with a commitment in the Programme for Government a National Disability Strategy Implementation Plan (NDSIP) was published in July 2013 following significant consultation and consideration between relevant Government Departments, representatives of a broad range of disability organisations and persons with a lived experience of disability. The Plan sets out the practical measures that will be taken to advance the National Disability Strategy over the period 2013 to 2015 and ensures that available resources are used to best effect to meet the needs of all people with disabilities, including those with intellectual disabilities. The issues raised in the correspondence referred to by the Deputy are all included in this Plan.
Progress on the Implementation Plan is reviewed by the National Disability Strategy Implementation Group (NDSIG) through thematic meetings which deal with specific issues. Such meetings are attended by all relevant bodies to ensure cross-sectoral input and review. All actions in the Plan relevant to the chosen issue are discussed and the progress made is mapped against commitments in the Plan.
Thematic meetings have focussed on issues including Irish Sign Language, housing and employment. A comprehensive employment strategy for people with disabilities is at an advanced stage of drafting, the aim of which is to support people with disabilities into employment if they are in a position to work.
Prison Investigations
Ceisteanna (415)
Fergus O'Dowd
Ceist:415. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if she will respond to issues raised by the Irish Penal Reform Trust (details supplied); and if she will make a statement on the matter. [49699/14]
Amharc ar fhreagraFreagraí scríofa
The Question relates to an independent investigation by the Inspector of Prisons into the death in custody of a prisoner in the Midlands Prison on 30 January, 2012. I published the Inspector's report on 17 December, 2014.
I would like to begin by taking this opportunity to offer my sympathy to the family concerned on their loss. I would also like to thank the Inspector of Prisons, Judge Michael Reilly, for his very comprehensive investigation and report into the death in custody of the prisoner concerned.
Since 1 January, 2012, the death of any prisoner in custody or on temporary release is the subject of an independent investigation by the Inspector of Prisons. The Office of the Inspector is a statutory independent office established under the Prisons Act, 2007.
The Inspector's investigation and reports are part of a three pronged process, the other elements being investigations by An Garda Síochána, and investigations and inquests conducted by Coroners. The combination of the Garda inquiries, the Coroners’ investigations and inquests, and the Inspector’s reports mean that this country is in compliance with its national and international obligations and meets the criteria laid down by the European Court of Human Rights when interpreting the procedural requirements of Article 2 of the European Convention on Human Rights.
It is important for all concerned, where any issues or deficiencies arise, that we ensure they are addressed and that we learn from them. In that context, I am carefully studying the Inspector's report and am considering the issues involved.
These include the issue of temporary release for the category of offenders referred to in the report, which is currently considered on a case-by-case basis. Proposals are under consideration for a more structured approach of limited temporary release in such cases, where full and constructive engagement with the prison and probation services could lessen the risk of re-offending.
In this consideration, the safety of the public, the importance of victims, and the goal of reducing re-offending will be the primary objectives.
In relation to the issue of Garda submissions on applications for temporary release, it is important, given the crucial role that Garda advice can have in the consideration of such applications, that this issue is addressed generally, and not simply in relation to any individual case. The Irish Prison Service is therefore being asked to engage with the Garda Síochána on agreeing a more structured format for the submission of advice on such applications, drawing on the findings of this report and their joint experience in managing this issue.
Legislative Measures
Ceisteanna (416)
Finian McGrath
Ceist:416. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support proposals on the assisted Decision Making Capacity Bill (details supplied); and if she will make a statement on the matter. [49707/14]
Amharc ar fhreagraFreagraí scríofa
The primary aim of the Assisted Decision-Making (Capacity) Bill is to put in place a new legislative framework to support persons with capacity difficulties in a manner that is compliant with the UN Convention on the Rights of Persons with Disabilities. One of the key requirements of the UN Convention is that persons with capacity difficulties should be enabled to exercise decision-making autonomy. Consequently, the starting point in the Assisted Decision-Making (Capacity) Bill is one of enabling persons with capacity difficulties to take their own decisions to the greatest extent possible. Where they are unable to take decisions themselves, the Bill provides for a series of decision-making supports. However, the priority remains one of ensuring that the person's will and preferences are respected as far as possible.
I recognise the fundamental and critical role of parents, and other relatives and siblings in relation to the day-to-day lives of many people who need assistance in exercising their legal capacity. The focus of the Bill is on enabling persons to make their own decisions, including choosing whom they wish to support them in the decision-making process. However, w here persons with capacity difficulties are unable to take decisions themselves, it is likely that, in many cases, family members will be centrally involved in the decision-making support options available under the Bill. Under the co-decision-making option in particular, where decisions are made jointly by the person with capacity difficulties and by the co-decision-maker, it is anticipated that the co-decision-maker will often be a family member as it is a requirement of this support option that the co-decision-maker should know the person and understand his or her will and preferences. It will also be possible for a family member to apply to the court to be appointed as a decision-making representative for a person with capacity difficulties where that person lacks decision-making capacity.
The Bill, when enacted, is intended to be of direct assistance in setting out guiding principles and levels of intervention which should be of considerable help to persons and their supportive families. In addition, the Office of the Public Guardian which will be set up under the Bill, will be able to provide advice and support to persons with capacity difficulties and families who help them.
I intend to propose a range of amendments to the Bill at its forthcoming Committee Stage to strengthen the safeguards in the Bill aimed at respecting the person's autonomy, dignity and bodily integrity. These amendments should address some of the other concerns raised by the Deputy. The Bill is expected to go through Committee Stage in the current session
Garda Powers
Ceisteanna (417)
Clare Daly
Ceist:417. Deputy Clare Daly asked the Minister for Justice and Equality the number of complaints or requests to search suspect aircraft that were made at Shannon Garda Station from 2002 to December 2014. [49713/14]
Amharc ar fhreagraFreagraí scríofa
I am informed by the Garda authorities that a total of thirty three requests to search aircraft at Shannon Airport were made between the period 1 January 2002 and 31 December 2014.
Statutory powers of search and entry are bestowed upon the Garda Síochána under various legislative provisions and when authorised by a judge. However, these powers are exercised in circumstances where a member of the Garda Síochána reasonably suspects that an offence has occurred. These powers can only be used, therefore, where a Garda has a reasonable suspicion supported by some evidence. The mere assertion of wrongdoing by a member of the general public is clearly insufficient in this regard. The Garda Síochána has investigated a range of complaints of alleged unlawful activity at Shannon Airport and, where appropriate, files have been submitted to the Director of Public Prosecutions. In all these cases, no further action was found to be warranted, owing to a lack of any evidence of unlawful activity.
Any person with credible information that Irish airports have been used for any alleged unlawful purpose should report their concerns to the Garda Síochána.
Judicial Appointments
Ceisteanna (418)
Clare Daly
Ceist:418. Deputy Clare Daly asked the Minister for Justice and Equality her plans to enable those of a non-religious viewpoint to truthfully affirm rather than being forced to swear the existing oath, upon taking up high office. [49714/14]
Amharc ar fhreagraFreagraí scríofa
As the Deputy may be aware a constitutional referendum would be required to amend the Constitutional provisions in question and this issue has been considered by Government. In July 2012, the Government approved consideration of an amendment to the constitution so as to provide for an alternative secular judicial declaration upon appointment to the judiciary. The matter was then referred to the Constitutional Convention and the view of the Convention was that no constitutional oath should contain a religious element. The matter is currently under consideration in my Department.
English Language Training Organisations
Ceisteanna (419)
Paul Murphy
Ceist:419. Deputy Paul Murphy asked the Minister for Justice and Equality the measures that are being put in place to ensure the former students of a now closed English-language school (details supplied) are able to extend their visas and not be discommoded due to the closure of the college; her views on the situation facing students of closed language schools with particular reference to compensating students for fees paid. [49763/14]
Amharc ar fhreagraFreagraí scríofa
Following the closure of a number of private sector English language colleges during 2014 my colleague, the Minister for Education and Skills, and I established a task force to assist genuine students affected by these private sector college closures. The report of the task force was published on 2 September 2014. A dedicated website has been put in place outlining a range of options open to non-EEA students affected by the closure of private sector colleges and in that regard I am informed that arrangements for non-EEA students affected by the closure of Leinster College will be available on that website at www.studenttaskforce.ie by the end of this week.
The recent experience surrounding the closure of various colleges, most recently Shelbourne College, and the widespread immigration abuses that have been seen throughout the sector, clearly illustrates that the status quo with respect to the regulation of Colleges accepting non-EEA national students is untenable and cannot be allowed to continue. If the State is to grant immigration permission to non-EEA nationals to live, study and work in Ireland then it must be able to regulate the institutions which they attend and it must have confidence in the quality of education services that are being delivered. In that regard it is important that bona fide students can have confidence that providers will deliver to them the courses for which they have paid.
I am fully committed to delivering on the government's regulatory reforms programme in this area as announced in September 2014 in conjunction with the Minister for Education and Skills. Ireland's reputation as a high quality destination for international students is at risk and I am committed with my colleague the Minister for Education and Skills to ensure that that reputation is protected.
Departmental Bodies Data
Ceisteanna (420)
Patrick O'Donovan
Ceist:420. Deputy Patrick O'Donovan asked the Minister for Justice and Equality the number of agencies, quangos or other bodies within, funded by or established by her Department which have been scrapped, merged or reduced since this Government was formed; the amount saved in each case; the reduction in staff as a result; and if she will make a statement on the matter. [1018/15]
Amharc ar fhreagraFreagraí scríofa
The details (since 2011) of the merger, reform or abolition of Agencies/associated bodies under the remit of my Department are outlined below.
Legal Aid Board
Responsibility for the administration of three ad-hoc Criminal Legal Aid Schemes was transferred to the Legal Aid Board.
Garda Station Legal Advice Scheme
The Scheme provides that where a person is detained in a Garda station for the purpose of the investigation of an offence and s/he has a legal entitlement to consult with a solicitor and the person's means are insufficient to enable him/her to pay for such consultation, such consultations with solicitors will be paid for by the State. Responsibility for the administration of the Scheme was transferred to the Legal Aid Board on 1 October 2011.
Legal Aid Custody Issues Scheme
This Scheme provides payment for legal representation in the High Court and the Supreme Court for certain types of cases not covered by civil legal aid or the Criminal Legal Aid Scheme namely (i) Habeas Corpus Applications, (ii) Supreme Court Bail Motions, (iii) Judicial Reviews, (iv) Extradition Applications and European Arrest Warrants and (v) High Court Bail Motions. Responsibility for the administration of the Scheme was transferred to the Legal Aid Board on 1 June 2012.
Criminal Assets Bureau Legal Aid Scheme
The Scheme is applicable to persons who are respondents and/or defendants in any court proceedings brought by, or in the name of, the Criminal Assets Bureau including court proceedings under the Proceeds of Crime Act 1996, the Revenue Acts or the Social Welfare Acts and applications made by the Director of Public Prosecutions under Section 39 of the Criminal Justice Act 1994. Responsibility for the administration of the Scheme was transferred to the Legal Aid Board on 1 January 2014.
It is proposed that the administration of the main Criminal Legal Aid Scheme will be transferred to the Legal Aid Board on foot of new legislation which is currently being drafted. This move will be in keeping with the international model for the delivery of legal aid and advice services and will achieve a more dedicated focus to the management and delivery of Criminal Legal Aid. It would be premature at present to commit to a date for the transfer of the scheme.
Family Mediation Service
In addition, the Board took on responsibility for the Family Mediation Service in November 2011 which had been under the auspices of the Family Support Agency up to that point. A key reason for this transferring was to improve the synergies between the State funded family mediation services and the State funded civil legal aid services (most of the demand for legal services is in the area of family law). Improving the synergies will be for the benefit of the customer and will help move away from a ‘litigation first’ approach that may on occasion be too common. There are very positive signs which include the initiative set up in 2011 operating from the District Court in Dolphin House involving a co-location of the Courts with a family mediation service and a law centre. This has proved very successful and was put on a permanent footing in 2014. Similar initiatives are now operating from Cork, Naas, Limerick, Clonmel and Nenagh. Integration of the Family Mediation Service into the Legal Aid Board has also meant an increase in the referrals from Law Centres to mediation in appropriate cases.
Merger of the Property Registration Authority, Valuation Office and Ordnance Survey Ireland
The merger of the Property Registration Authority, Valuation Office and Ordnance Survey Ireland has been mandated by the Government under the Agency Rationalisation Programme. A Project Board, comprising senior representatives of the three Departments concerned along with the Chief Executive Officers of the three Agencies, is overseeing the merger. The CEO Designate of the merged body which is to be named Tailte Éireann, was appointed from 1 July 2013. It is anticipated that Ministerial responsibility for the Valuation Office and Ordnance Survey Ireland will be transferred to the Minister for Justice and Equality in due course. I can also advise that the General Scheme of a Bill will be brought to Government in early 2015.
Dissolution of the Commissioners for Charitable Donations and Bequests
The Charities Regulatory Authority, which is an independent regulatory body for the charities sector, was established on 16 October 2014, under the Charities Act 2009. This Act also provided for the dissolution of the Commissioners of Charitable Donations and Bequests and the consequential transfer of their statutory functions to the new Authority. As the work of the former Commissioners, which related to supporting the trustees of charities in carrying out their functions in accordance with the Charities Acts 1961 and 1973 will continue under the new Authority, there have been no savings or staffing reductions arising from this change.
Dissolution of the International Commission on Decommissioning
The Independent International Commission on Decommissioning (IICD) was responsible for overseeing the decommissioning of paramilitary weapons. It was established by an agreement between the Irish and British Governments, signed on 26 August 1997, and by legislation enacted in the two jurisdictions. It was dissolved on 31 March 2011. The outturn for the Commission's last full year of operation 2010 was €594,000.
Dissolution of the Independent Monitoring Commission
The Independent Monitoring Commission (IMC) was responsible for monitoring and reporting on paramilitary activity across Ireland and also for monitoring the security normalisation measures undertaken by the British Government in Northern Ireland. It was dissolved on 31 March 2011. The outturn for the Commission's last full year of operation 2010 was €426,000.
Merger of the Irish Human Rights Commission and the Equality Authority
The Human Rights Commission and Equality Authority have been merged to establish a new Irish Human Rights and Equality Commission (IHREC) to promote human rights and equality issues in a more efficient, effective and coherent way. The Irish Human Rights and Equality Commission Act 2014 was signed into law by the President on the 27 July 2014. The IHREC was established on 1 November 2014.
The administrative savings anticipated as a consequence of the merger - estimated at some €500,000 - have been retained by agreement by IHREC to support its core work. In addition, the approved budget for the IHREC for 2014 was €6,299,000 which represented a €2m increase approximately on the 2013 allocation, with an interim staff complement of 47, to ensure the new Commission has adequate resources to meet its mandate and is well placed to be successful in its forthcoming application to the UN to obtain re-accreditation as Ireland’s recognised National Human Rights Institution.
Equality Tribunal
The Equality Tribunal now falls under the aegis of the Department of Jobs, Enterprise and Innovation with effect 1 January 2013 and will become part of the new Workplace Relations Commission once established. The Commission will also include the Labour Relations Commission, the Employment Appeals Tribunal and the National Employment Rights Authority.
Abolition of the Prisons Authority Interim Board
The Prisons Authority Interim Board was abolished on 26 July 2011. The amount saved was in excess of €100,000 per annum.
Garda Síochána Complaints Board
Finally, the Deputy may wish to note that the Garda Síochána Complaints Board has been operating for some time with reduced staff and now that all of the cases involving the Board have concluded, arrangements are being made to dissolve the Board.
Decentralisation Programme Data
Ceisteanna (421)
Patrick O'Donovan
Ceist:421. Deputy Patrick O'Donovan asked the Minister for Justice and Equality the agencies or sections of her Department that were decentralised during the period 1997 to 2011; the travel costs and expenses incurred by decentralised personnel travelling to their base Department in that period. [1033/15]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware the decentralisation programme launched in 2003 was a policy of the Government at that time. As a result of that programme a number of offices and divisions from across the Department of Justice and Equality were decentralised. Details are provided in the table below. The decentralisation programme was suspended in 2008 and subsequently cancelled by Government in 2011.
|
Division/Office |
Date of move |
Location |
|
Irish Prison Service |
2007 |
Longford |
|
National Property Services Regulatory Authority |
2007 |
Navan |
|
Office of the Director of Probation Service |
2008 |
Navan |
|
Data Protection Commissioner |
2006 |
Portarlington |
|
Part of Equality Tribunal (now under aegis of DJEI*) |
2008 |
Portlaoise |
|
Part of Equality Authority (now IHREC*) |
2007 |
Roscrea |
|
Private Security Authority |
2005 |
Tipperary |
|
Part of Irish Naturalisation and Immigration Service |
2008 |
Tipperary |
* Irish Human Rights and Equality Commission
* Department of Jobs, Enterprise and Innovation
The Deputy may also be aware that prior to 2003 my Department opened a decentralised Financial Shared Service office in Killarney in 1990.
It would not be possible without a disproportionate assignment of scarce resources to disaggregate travel by officials from a decentralised location purely to their departmental headquarters, particularly if that headquarters is located in Dublin.
Refugee Status Applications
Ceisteanna (422)
Clare Daly
Ceist:422. Deputy Clare Daly asked the Minister for Justice and Equality her plans to introduce a one-off scheme to clear the backlog of persons in the protection process in advance of the introduction of a single protection procedure, as put forward by the Irish Refugee Council; and if she will make a statement on the matter. [1037/15]
Amharc ar fhreagraFreagraí scríofa
I have no plans at present to introduce a one-off scheme to clear all protection applications currently on hand. The length of time applicants spend in the protection process is a matter to be addressed and you will be aware that an independent Working Group was set up by Government in October 2014 to report on improvements to the protection process, including direct provision and supports to asylum seekers. One of the tasks of the Working Group is to identify improvements to existing arrangements for the processing of protection applications taking account of the Government's intention to legislate for a single application procedure. The Group began its work in November last under the Chairmanship of retired High Court Judge, Bryan McMahon. A number of NGO's active in the asylum area, including the Irish Refugee Council, are represented on the Working Group.
The Working Group is due to report to Government with its recommendations by Easter 2015 and I think it is important that the Working Group be allowed to continue its work without pre-empting the outcomes at this stage. I will consider whatever recommendations are put forward by it, including in relation to the processing of protection cases on hand, when it completes its work.
The Deputy may be interested to know that there are a number of initiatives already in place to address the number of cases in the protection system which are yielding significant results. The transfer of subsidiary protection application processing to the Office of the Refugee Applications Commissioner in late 2013 has resulted in decisions in some 825 cases at first instance by the end of 2014. The processing of these cases has been greatly aided by the establishment of a legal panel set up to assist the Commissioner with this work. It is now proposed to extend the use of that panel to the processing of asylum applications. I have also recently decided to appoint an additional nine members to the Refugee Appeals Tribunal to assist with the processing of asylum and subsidiary protection appeals on hand. These members have been selected from those who were considered suitable for appointment following a competitive process involving the Public Appointments Service. My Department is also actively considering what other measures can be taken to reduce the number of cases on hand at the leave to remain stage of the process in advance of the introduction of a single application procedure.
The Deputy may also be aware that there is a political commitment among EU Member States against any form of process that would grant residence status to persons present in the state without first examining the merits of their individual cases. Broad regularisation programmes are problematic, in particular as they could give rise to unpredictable and very costly impacts across the full range of public and social services.
Garda Powers
Ceisteanna (423)
Michael Healy-Rae
Ceist:423. Deputy Michael Healy-Rae asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding incorrect and misleading information; and if she will make a statement on the matter. [1073/15]
Amharc ar fhreagraFreagraí scríofa
I refer the Deputy to the conclusions of the Supreme Court in the case referred to by him. The Court noted that the power conferred by section 3 of the Firearms Act 1925 on Garda Superintendents to grant firearms certificates is one of a wide range of powers in various areas conferred by legislation. In this regard, reference was made to the powers conferred on An Garda Síochána under the Betting Act 1931, the Public Dance Halls Act 1935, the Gaming and Lotteries Act 1956 and the Intoxicating Liquor Acts.
The Court concluded as follows:
"One is entitled to assume that in all such instances the Oireachtas decided that the power should be exercised by a senior garda officer in a particular locality for what seemed to them (the Oireachtas) good reasons, but they would, of course, have been perfectly entitled to confer the power in question on another body, such as a court of local and limited jurisdiction, a local authority or some other state agency.
It follows, in my view, that the learned High Court Judge was correct in holding that the power conferred on garda superintendents by s.2 of the 1925 Act was conferred on him as a persona designata and that, accordingly, it vested in him a discretion which he could not abdicate to anyone else. Accordingly, while he can only exercise that discretion within any relevant statutory limitations, he cannot be required to exercise it in any particular manner by any other body or authority."
Closed-Circuit Television Systems Provision
Ceisteanna (424)
Jonathan O'Brien
Ceist:424. Deputy Jonathan O'Brien asked the Minister for Justice and Equality further to Parliamentary Question No. 135 of 9 April 2014 when a reply will be provided. [1082/15]
Amharc ar fhreagraFreagraí scríofa
I regret the delay in reverting to the Deputy in relation to this matter.
I understand from the Garda authorities that the installation of the relevant CCTV system has been undertaken in partnership with Cork City Council which has financed the scheme and, accordingly, the expenditure involved has not been charged to the Garda Síochána. I have also been informed that planning approval for the project was granted.
In addition I have been advised that the cameras in question have been installed in accordance with section 38(3)(a) of the Garda Síochána Act 2005. In that context they are monitored by the Garda Síochána and operated in accordance with the Garda Code of Practice for CCTV facilities.
Departmental Funding
Ceisteanna (425)
John McGuinness
Ceist:425. Deputy John McGuinness asked the Minister for Justice and Equality if consideration will given to funding or part funding community alert groups to cover their increased costs and in particular the costs of text messaging in view of the value of the groups to local gardaí and the neccessary work they are undertaking; and if she will make a statement on the matter. [1105/15]
Amharc ar fhreagraFreagraí scríofa
The Garda Text Alert Scheme, which was launched in September 2013, was piloted initially in a number of locations and developed in cooperation with Muintir na Tíre, Neighbourhood Watch, the Irish Farmers Association and related stakeholders. It provides a further mechanism for Gardaí to provide crime prevention information to community contacts who in turn forward the information to all members of a community group. This initiative has developed as an important crime prevention mechanism with over 500 local groups involving in excess of 100,000 subscribers and with an estimated 200,000 text messages sent each month under the scheme. I am informed that every Garda Division, rural and urban, now offers the text alert service and An Garda Síochána have published guidelines to assist in the establishment and operation of local groups.
Community Alert groups are key partners in relation to the the Text Alert scheme and for many years my Department has provided funding for the Community Alert programme, which is operated by Muintir na Tíre in partnership with the Garda authorities, and supports over 1,300 local groups. My Department does not provide direct funding to local groups, but funding is provided in relation to the employment and associated costs of the national service, including regional Development Officers. The long-standing view has been that this is the best use of the resources available to my Department to support effective community crime prevention actions. I am currently providing the maximum possible funding to Community Alert that is open to me, having regard to the overall restrictions on my Department's resources and other expenditure needs. I understand that funding for Community Alert is also received from the HSE.
More generally, I am advised that the Department of the Environment, Community and Local Government supports the Community and Voluntary Sector through a suite of schemes with a particular focus on supporting communities that are vulnerable, disadvantaged or under threat. A community organisation may qualify for inclusion under one or more of these schemes, should it meet the terms and conditions of a particular scheme managed by the Department. Further details are available on the Department's website at www.environ.ie.
Consultancy Contracts Data
Ceisteanna (426)
Dara Calleary
Ceist:426. Deputy Dara Calleary asked the Minister for Justice and Equality the total amount of moneys paid by her Department to external consultants, professional companies or advisers in relation to the jobs action plan in each year since and including 2012; if she will provide in a tabular form the list of those organisations who received money; her Department's procurement policy regarding this work; and if she will make a statement on the matter. [1141/15]
Amharc ar fhreagraFreagraí scríofa
I wish to inform the Deputy that my Department has employed no external consultants, professional companies or advisers in relation to the Action Plan for Jobs since 2012.
Alcohol Sales Legislation
Ceisteanna (427)
Brendan Griffin
Ceist:427. Deputy Brendan Griffin asked the Minister for Justice and Equality her views on a matter (details supplied) regarding taxi drivers; and if she will make a statement on the matter. [1158/15]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will appreciate, I am not in a position in my capacity as Minister for Justice and Equality to provide legal advice in response to Parliamentary Questions. The general position, however, is that conditions applicable to the sale and supply of intoxicating liquor are set out in the Licensing Acts 1833 to 2011. Under section 17(3) of the Intoxicating Liquor Act 2003, it is already an offence for a licensee, with intent to evade the conditions of the licence, to take intoxicating liquor from the licensed premises for the purpose of its being sold on the account or for the benefit or profit of the licensee, or to permit any other person, including taxi drivers or other individuals, to do so.
The Government Alcohol Advisory Group considered specific issues relating to 'distance sales' of intoxicating liquor in its 2008 Report. The Group drew attention to the requirement that payment must be made as part of the transaction in such cases, e.g. on-line shopping, and not later on delivery of the product. The Group noted that sales of intoxicating liquor which had been ordered by telephone or otherwise and which were paid for on delivery were illegal transactions and recommended that the Gardaí should target such delivery services with a view to prosecuting the offending licensees. Any information concerning transactions of this nature which are contrary to the provisions of the Licensing Acts should, therefore, be brought to the attention of the Gardaí for investigation and possible prosecution.
Moreover, under section 31 of the Intoxicating Liquor Act 1988 (as amended), it is an offence for a licensee to sell or deliver, or to permit any other person to sell or deliver, alcohol to any person for consumption off his or her premises by a person under the age of 18 years in any place except with the explicit consent of the person's parent or guardian in a private residence in which he or she is present either as of right or with permission.