Ruth Coppinger
Ceist:26. Deputy Ruth Coppinger asked the Minister for Justice and Equality the number of persons who have been investigated for breaching the Protection of Life During Pregnancy Act 2013. [1396/15]
Amharc ar fhreagraGarda Investigations
Ceisteanna (26)
Freagraí scríofa
I have asked the Garda authorities to supply any available information in relation to the Deputy's query and I will contact the Deputy directly when I receive this report.
Garda Station Closures
Ceisteanna (27)
Mattie McGrath
Ceist:27. Deputy Mattie McGrath asked the Minister for Justice and Equality if she will provide an assessment of the way the closure and sale of Garda stations in County Tipperary have impacted the local communities they previously served; and if she will make a statement on the matter. [1277/15]
Amharc ar fhreagraFreagraí scríofa
I have requested the information sought from the Garda authorities and I will revert to Deputy in due course as soon as the information is to hand.
Garda Misconduct Allegations
Ceisteanna (28)
Pádraig MacLochlainn
Ceist:28. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will address the patent conflict of interest within the independent panel of counsel that has been asked to investigate the circumstances leading to the death of a person (details supplied) who was killed by a hit and run driver at Carrickmacross, County Monaghan on 2 August 2011; if she will instigate a commission of investigation into the person's death as the issues raised by the person's family go beyond allegations of Garda malpractice and indeed encompass much of the criminal justice system in this State. [1321/15]
Amharc ar fhreagraFreagraí scríofa
Appropriate steps have been taken to ensure that nothing arises which might in any way detract from the integrity of the mechanism for the independent review by a panel of counsel of complaints of Garda misconduct to which the Deputy refers, including issues of conflict of interest. Arrangements have been put in place to ensure that if there is any conflict, or potential conflict, the conflicted counsel not only will not be involved in the particular complaint, but also will not be aware of which counsel is reviewing it. This is normal professional conduct and there are sufficient counsel on the Panel to ensure the practicality of this. Whatever steps are necessary will be taken to ensure there is no conflict of interest. This has been explained to the family of the person to whom the Deputy refers, to their solicitor and to this House in reply to a number of Parliamentary Questions raising the matter.
It would not be appropriate to comment upon the potential outcome of individual complaints being reviewed by this mechanism before I have received and considered counsel's recommendation therein.
International Agreements
Ceisteanna (29)
Niall Collins
Ceist:29. Deputy Niall Collins asked the Minister for Justice and Equality her plans to ratify and implement the Istanbul convention; the further steps that must be taken to fully implement the convention; and if she will make a statement on the matter. [1399/15]
Amharc ar fhreagraFreagraí scríofa
My Department has been working to establish precisely the actions which would need to be taken in order to ratify and implement the Council of Europe Convention on Preventing and Combatting Violence against Women and Domestic Violence - the Istanbul convention. Clarification of some issues with a small number of government departments and agencies is still required. Once the actions necessary to implement the convention are fully established a plan will be put in place to complete those actions in order to ratify the Convention.
I intend to seek the approval of Government for Ireland to sign the Istanbul Convention early this year. This is a matter of priority for me.
Legal Aid Service Expenditure
Ceisteanna (30)
Brendan Griffin
Ceist:30. Deputy Brendan Griffin asked the Minister for Justice and Equality if she will provide the most recent available data on the annual cost to the State of free legal aid; her views that defendants with multiple convictions are taking advantage of this system; and if she will make a statement on the matter. [1281/15]
Amharc ar fhreagraFreagraí scríofa
The total expenditure on Criminal Legal Aid for 2014 came to €49.9 million. Total expenditure on Criminal Legal Aid for the years 2009 to 2013 was as follows:
|
Year |
Total Expenditure |
|
2009 |
€60.3 million |
|
2010 |
€56.5 million |
|
2011 |
€56.1 million |
|
2012 |
€50.5 million |
|
2013 |
€50.9 million |
In seeking to reduce the expenditure on the Criminal Legal Aid Scheme, the rates of fees paid to the legal practitioners were reduced by 8% in March 2009 and by a further 8% in April, 2010. There was also a reduction of 10% in July 2011 in the fees payable in the District Court. Fees payable in the Circuit and higher courts were also decreased by 10% in October 2011 following the reduction in the fees payable by the Director of Public Prosecutions to prosecution practitioners. A reduction of 50% was also applied to payments in respect of adjourned sentence hearings and travel and subsistence payments from 2011. As the Deputy will see from the figures above, following these and other measures introduced in the course of 2011, a 10% reduction in expenditure was recorded in 2012 compared with 2011. This was the first substantial reduction ever recorded under this Scheme. Expenditure on the Criminal Legal Aid Scheme is monitored on an ongoing basis with a view to identifying any areas where further efficiencies may be achieved.
The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. An applicant's previous convictions are not a criterion for access to legal aid under the Act. I have no function in these matters which are determined by the judiciary.
These provisions must have regard to the right to a fair trial, including the provision of legal aid where appropriate, which is a constitutional right upheld by the courts in a number of judgments. The Supreme Court ruling in the case of State (Healy) v Donoghue [1976] I.R. 325 effectively determined that the right to criminal legal aid is, in circumstances which are quite wide in practice, a constitutional right. Article 6(3)(c) of the European Convention on Human Rights states that "Everyone charged with a criminal offence has [the right] to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require". As the Deputy will be aware, an accused person is entitled to a presumption of innocence and legal representation and any obstacles to obtaining necessary legal aid which were found to be unreasonable could give a defendant an avenue for appeal or prohibition of the prosecution. The overriding concern is to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts.
I can inform the Deputy that a new Criminal Legal Aid Bill is currently being drafted to update and strengthen the system of granting legal aid including transferring responsibility for the administration of the Scheme to the Legal Aid Board. Legislative provisions under consideration include provisions to, inter alia, regulate better the taking of statements of means, increase the sanction for false declarations, enable the Board to verify the means of applicants and to provide for prosecution of cases of abuse.
Garda Reports
Ceisteanna (31)
Thomas P. Broughan
Ceist:31. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the position regarding the publication of the report following the audit by the Garda professional standards units which was completed in 2014. [1278/15]
Amharc ar fhreagraFreagraí scríofa
I can inform the Deputy that I expect to receive a report from the Garda Commissioner in the near future with respect to the audit referred to and, as I have previously indicated, I intend to put its findings into the public domain.
Garda Síochána Ombudsman Commission Investigations
Ceisteanna (32)
Thomas P. Broughan
Ceist:32. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the position regarding the waiting times for processing complaints received by GSOC. [1279/15]
Amharc ar fhreagraFreagraí scríofa
As the Deputy is aware, the Garda Síochána Ombudsman Commission is a statutory independent body which is independent in the exercise of its functions and I have no function in relation to the processing of individual complaints which are referred to it for investigation.
I am however advised by the Ombudsman Commission that, conscious of the need to provide efficient and effective service for its various stakeholders, they have invested considerable time and energy to decreasing the duration of investigations arising from complaints. While every effort is made to ensure that all cases are concluded within a satisfactory timeframe, inevitably some cases take longer than others to investigate.
The Deputy may already be aware that an additional €1 million in funding has been made available in 2015 to the Garda Síochána Ombudsman Commission to resource the organisation's activities this year. Arrangements have been put in place for a recruitment campaign for additional staff. The issues of efficiency and resources are kept under continuing review by the Commission.
Garda Inspectorate Reports
Ceisteanna (33)
Pádraig MacLochlainn
Ceist:33. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if the criminal justice service group recommended by the Garda Inspectorate in its report on crime investigation from October 2014 has now been established; the progress of its work in implementing the Garda Inspectorate's recommendation; and if she will make a statement on the matter. [1326/15]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware, when I published the Inspectorate report I welcomed it as forming an important component in the overall justice reform programme underway. Implementation of this programme, including the reforms recommended by the Inspectorate is being overseen by the Cabinet Committee on Justice Reform, chaired by An Taoiseach.
There will also of course be a central role for the new Police Authority and Garda Commissioner in implementing the identified reforms. An Garda Síochána has already taken important steps to follow through on the Inspectorate’s recommendations with the establishment of an Implementation Steering Group to immediately focus on the implementation of the short, medium and long-term recommendations in the Report, and I am engaging with the new Commissioner on this process. In particular, the Garda Policing Plan is being revised to take into account changes being made as a result of the recommendations contained in the report.
In addition, in advance of the establishment of the Policing Authority, I intend to hold discussions with Josephine Feehily, the Chairman-designate, on the establishment of an effective implementation framework to oversee delivery of reforms in An Garda Síochána and will explore with the Chairman-designate, the Commissioner, and the other relevant agencies, how the specific recommendation cited by the Deputy can best be taken forward.
Crime Investigation
Ceisteanna (34)
Denis Naughten
Ceist:34. Deputy Denis Naughten asked the Minister for Justice and Equality her plans to publish the review of the file on the death of Fr. Niall Molloy in Clara, County Offaly, in July 1985; and if she will make a statement on the matter. [1273/15]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware, Mr. Dominic McGinn, Senior Counsel, was appointed to carry out an independent examination of the report of the Serious Crime Review Team relating to the Garda investigation into the death of Fr. Niall Molloy. Mr McGinn has provided a report to my Department which is being considered in consultation with the Office of the Attorney General, including in relation to the question of its publication. This consultation is ongoing.