Written Answers Nos 307-321
307. Deputy Thomas P. Broughan asked the Minister for Justice and Equality her views on the significant fall in the number of Garda checkpoints and the number of breath tests from 2008 to 2014; and, in view of the ongoing increase in crash fatalities and injuries, if she will commit more resources to An Garda Síochána for this function. [3730/15]
Amharc ar fhreagraThe Deputy will appreciate that I have no direct role in operational road traffic enforcement which is a matter for the Garda Commissioner. I can, however, assure the Deputy that one of An Garda Síochána's strategic objectives is to provide a safe environment for all road users and enforcement remains high and determined throughout the country. I am informed that while the number of MAT checkpoints in 2014 is marginally down on 2013 it is higher than the number of such checkpoints conducted in each of the years from 2008 to 2012.
Insofar as the question of Garda resources is concerned, I can assure the Deputy that I have sought to secure as high a level of resources for the Garda authorities as possible and am fully committed to supporting them in providing a strong and visible community presence across the country, including with respect to road safety enforcement. I am pleased that the recent increase of €40 million in the Budget for Garda pay in 2015 has provided the scope for me to continue with my priority objective of recruiting new Gardaí. The Deputy may be aware that the first intake of Garda Trainees since 2009 to the Garda College took place in 2014. In September 100 recruits commenced training and a further 100 in December. I also recently announced that intakes will continue into 2015, with 100 planned for February and I will, of course, continue to monitor Garda staffing levels this year with a view to agreeing further intakes to the Garda College as required.
As the Deputy will appreciate, the deployment of resources and distribution of personnel is a matter for the Garda Commissioner and the allocation of Gardaí on completion of training will be kept under review and fully considered within the overall requirements of An Garda Síochána nationally.
It is also the case that the comprehensive package of Budget increases for the Justice Sector announced in November includes €10m to support the purchase, and fit-out, of 400 new Garda vehicles. This investment demonstrates the Government's commitment to ensuring the ongoing provision of a modern and efficient Garda fleet. There will be a particular focus on an increased provision of marked Garda vehicles to provide an enhanced visible policing presence in both rural and urban communities, and to support all policing functions including those relating to road safety.
308. Deputy Thomas P. Broughan asked the Minister for Justice and Equality her plans to restore the Garda traffic corps to its full operational size in view of the continuing increase in crashes and loss of life and injuries. [3731/15]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, including community Gardaí, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
I have however been informed by the Garda Commissioner that the personnel strength of the Garda Traffic Corps on 30 November 2014, the latest date for which figures are readily available, was 763. As roads policing is the duty of every Garda member, this duty is not reserved for Garda members of the Traffic Corps. Similarly, members of the Traffic Corps are required to engage in the core activity of An Garda Síochána concerning the prevention and detection of crime.
An Garda Síochána carried out 57,326 MAT checkpoints in 2010 and 76,881 in 2014.
The Deputy will be aware that the first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15 September 2014. As part of Budget 2015, a further intake of 200 recruits in two batches was announced. On 15 December 2014, the first 100 of these batches commenced their training with the remaining 100 to enter the college in February 2015. This will bring to 300 the number of recruits in the Garda College and is a measure of the Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The September intake will attest as members of the Garda Síochána in May 2015. On attestation they will be assigned to Garda stations throughout the country by the Garda Commissioner and the needs of the Garda Traffic Corps will be considered within the overall context of the needs of Garda Stations and Units throughout the country.
309. Deputy Thomas P. Broughan asked the Minister for Justice and Equality her plans for regulating online gambling providers; and the procedures in place for monitoring current unregulated gambling providers operating here. [3732/15]
Amharc ar fhreagraResponsibility for the enforcement of the current gaming and betting legislation rests with An Garda Síochána. There is no provision in that legislation for the licensing of on-line gambling operators.
The Minister for Finance has legislation currently before the Oireachtas that will update the law as it pertains to betting only. The Betting (Amendment) Bill 2013 provides for the licensing of on-line betting operators, and contains provisions for dealing with unlicensed betting operators.
The Gambling Control Bill will, when enacted, update all existing laws on the regulation of gambling, including betting and gaming (but excluding the National Lottery). It will provide for the licensing of all forms of on-line gambling.
The Gambling Control Bill will confer responsibility for all regulatory matters on the Minister for Justice and Equality. The Minister's functions will include licensing, inspections and prosecutions, and it is envisaged that these functions will be carried out by a body located within my Department. The Scheme provides for a dedicated inspectorate to ensure compliance by licence holders with the terms of their licences and with the new legislation generally.
While it is my intention to proceed with this legislation at the earliest possible opportunity, it is not possible at this point to state when the Bill is likely to be published.
310. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will provide an update on the interventions put in place to address the number of women imprisoned here. [3733/15]
Amharc ar fhreagraI wish to advise the Deputy that one of the key objectives of the Irish Prison Service (IPS) and Probation Service joint strategy is improving outcomes for women offenders and in 2014 both Services launched the Joint Probation Service/IPS Strategy 2014-2016 for women offenders called "An Effective Response to Women Who Offend". The strategy reflects on current international research and practice which indicate that better outcomes can be achieved through utilising gender informed approaches in dealing with women. The support of the community and voluntary sector will be crucial to implementing the new interagency women’s strategy. Tús Nua is a residential project for women offenders funded by my Department through the Probation Service. Tús Nua works closely with the Irish Prison Service and the Probation Service to support women offenders to reintegrate into the community on their release from custody.
To date the Probation Service has continued to work in partnership with the IPS to put in place targeted responses in relation to women offenders. This is undertaken under the auspices of the sentence management process. The Probation Service has provided an in reach service to work with women in Limerick prison. Dedicated Probation Officers in the community have been identified and introduced on a phased basis where there are significant numbers of women offenders. Gender informed guidelines for assessment have been drafted and training is due to commence. Women specific Community Service and Community Return options are being identified on an ongoing basis. Links have been established with the Probation Board for Northern Ireland and a joint PS/IPS visit has been undertaken to the INSPIRE project in Belfast.
Furthermore, the Strategic Review of Penal Policy Report which I launched in September 2014 recommends a greater focus on step-down facilities, supported accommodation and the use of more community based open conditions for female offenders. In November 2014, the Government gave its approval, in principle, to proceed immediately with the implementation of a number of key recommendations including pursuing options for an open prison for female offenders.
Finally, the Abigail Centre in Finglas, Dublin opened in December 2014 which is a new service to meet the needs of vulnerable women that require supported accommodation for a temporary period, some of whom will have moved there directly on release from prison.
311. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if her Department is collaborating with the Department of the Environment, Community and Local Government to ensure that there is appropriate accommodation available to persons leaving prison; and the measures that are being put in place to ensure that persons are not being released into homelessness or into emergency accommodation where there is active drug use if this person has undergone detox while in custody. [3734/15]
Amharc ar fhreagraThe Irish Prison Service is represented on seven of the Regional Homeless Consultative Fora established under the provisions of the Housing (Miscellaneous) Provisions Act, 2009. Through these fora, the Irish Prison Service, in partnership inter alia with the Probation Service, has been working to ensure that the unique circumstances of homeless offenders are taken into account in the development and provision of preventative and other supporting actions for persons who are vulnerable to homelessness.
As a direct consequence, of the Irish Prison Service raising this issue, my colleague Alan Kelly the Minister of Environment, Community & Local Government has included an action (15) in the National Action Plan on Homelessness which states that 'staff from the Department of Social Protection will work with housing authorities and the Irish Prison Service to provide an appropriate in-reach service to all prison settings to ensure that prisoners are assisted to find accommodation before release.'
In recent years, a weekly service was being provided in twelve prisons (all prisons and open centres excluding Cork and Limerick Prisons) by the Department of Social Protection Community Welfare Service through the Homeless Person's Unit (HPU). Referrals to the Department of Social Protection service generally occur at the pre-release stage where emergency and other accommodation options, and income maintenance can be arranged by the Community Welfare Officers (CWOs). The Department of Social Protection in-reach service is invaluable for the successful resettlement of offenders and a vital component of pre-release planning. It is widely recognised across the prison estate that in order to provide this service to all inmates, an increase in service provision is required.
In the Homeless Strategy National Implementation Plan the Irish Prison Service was assigned a priority action 'to improve discharge planning for all individuals leaving prisons to include identification of housing needs and follow up supports, through close links between those discharging institutions, housing providers and community based services'. I am happy to report to the Deputy that a new pre-release planning policy for the Irish Prison Service is at an advanced stage and will represent considerable improvements to current pre-release planning and practices in Irish prisons. It is envisaged that a new central information window on the Prisoner Information Management System (PIMS) will record a range of information with regard to post release concerns and plans for individual prisoners which will improve transition to the community and reduce occurrences of ex-offenders becoming homeless post release.
With regard to women prisoners specifically, a joint Women's Strategy document for the IPS and the Probation Service was published in April 2014. The issues being addressed include rehabilitation, housing and reintegration to the broader community, and apart from the IPS include engagement with the HSE, the Department of Education (VEC), NGOs, the National Council for Women, and areas within the Justice family. The Abigail Women's Centre in Finglas, Dublin opened in December 2014 and represents a major contribution to the realisation of the IPS/Probation Service joint women's strategy. The Abigail Women’s Centre is a 40 bed, low threshold facility providing supported temporary accommodation for homeless women in Dublin.
As part of the National Drugs Strategy 2009 - 2016 a protocol was developed between the IPS and the HSE for the continuation of drug treatment services as a person moves between prison (including prisoners on remand) and the community.
312. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will report on the possibility of introducing a model of legal support similar to the services provided by the Housing Rights Service in Belfast which would adequately support borrowers facing repossession of their family home as outlined in a recent submission (details supplied). [3735/15]
Amharc ar fhreagraI understand that the submission referred to in the Deputy's question has only recently been received in my Department and has not yet been evaluated. I will, of course, respond to the organisation regarding their report in due course.
This Government has put in place a number of legislative provisions regarding protection of the family home in cases where repossession of the property is being sought. Section 2 of the Land and Conveyancing Law Reform Act 2013 provides that in repossession proceedings involving a principal private residence, a court may, where it considers it appropriate or on application by a borrower, adjourn the proceedings to enable the parties to consider whether a Personal Insolvency Arrangement (PIA) under the Personal Insolvency Act 2012 would be a more appropriate alternative to repossession. The intention is to ensure that lending institutions do not resort to repossession proceedings without considering the PIA option under the 2012 Act. The section will not apply to investment or commercial properties. In effect, section 2 provides a new, final, time-limited opportunity for court adjournment of repossession proceedings for the possibility of a Personal Insolvency Arrangement to be examined as an alternative to repossession.
A PIA may be entered into following a court adjournment as indicated above or through the main route set out in the Personal Insolvency Act 2012 via engagement with a Personal Insolvency Practitioner and the Insolvency Service of Ireland. In addition, I should point out that a PIA provides statutory protection to the borrower and may enable them to remain in their home while resolving the debt in a sustainable manner.
This Government has provided an enhanced range of information and guidance services for mortgage holders, including a dedicated information website, a mortgage arrears information and advice helpline and the provision of independent financial advice for mortgage holders who are being presented with long-term mortgage resolution proposals by their lenders. This advice is provided by qualified accountants drawn from members of the main accountancy institutes in Ireland who have agreed to participate and support this independent service. I would encourage people to avail of this service, where appropriate.
I think that it is also proper to reiterate that the Government's advice has always been that borrowers who find themselves in arrears should engage with their lending institution with a view to reaching a solution to their difficulties.
313. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if her Department is examining the possible collaboration of the Legal Aid Board and MABS to address the increasing numbers of borrowers losing their family homes and their subsequent difficulty in accessing their social housing entitlements; if consideration has been given to the necessity of a cross-departmental solution to this growing problem. [3736/15]
Amharc ar fhreagraI am informed by the Legal Aid Board that their law centre staff engage regularly with the Money Advice and Budgeting Service (MABS).
The Board also has an External Consultative Panel who meet quarterly and MABS are represented at these meetings which provide an opportunity for the Board and MABS to liaise at a senior level.
Law Centre support staff and solicitors "signpost" applicants and clients to other services including MABS before and at their first consultation with a solicitor when appropriate.
315. Deputy Ciara Conway asked the Minister for Justice and Equality if she will provide an update on the progress that is being made on plans to introduce paternity leave and shared maternity leave; and if she will make a statement on the matter. [3764/15]
Amharc ar fhreagraAs already announced, the Government has approved drafting of a Family Leave Bill which will consolidate into one piece of legislation the current provisions regarding maternity, adoptive, parental and carer’s leave. The Deputy will also be aware that in 2013 the Government agreed not to oppose a Private Members’ Bill introduced in Seanad Éireann by Senator Mary White, which provides for the sharing by the mother and father of the current maternity leave provision. At that time it was pointed out that while the Government supports the principle of such flexibility, significant detailed amendments will be required to the approach proposed in the PMB.
Work in ongoing on the examination of a range of options in that regard, including sharing of maternity leave and introduction of a period of paternity leave for fathers. My Department is currently engaged in consultations with relevant Government Departments and other stakeholders including employer and employee organisations. These consultations will be completed shortly and I anticipate that we will be in a position to submit precise proposals to Government before too long.
316. Deputy Eoghan Murphy asked the Minister for Justice and Equality if she will make direct contact with persons (details supplied) in Dublin 6; if she will provide details of the investigation of a case. [3800/15]
Amharc ar fhreagraAs 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.
Correspondence has also issued to the person referred to from my Department in relation to concerns which he raised, including in relation to Freedom of Information requests. I will make further contact with the relatives of Fr. Molloy when the consultations to which I have referred are concluded.
317. Deputy Seamus Healy asked the Minister for Justice and Equality in view of the recent traumatic events in France and the recommendation of the Constitutional Convention, the plans the Government has to hold a referendum to exclude blasphemy from the Constitution Article 40.6.1°(i); and if she will make a statement on the matter. [3864/15]
Amharc ar fhreagraThe Deputy will be aware that the Government agreed last September to hold a referendum on removing the offence of blasphemy contained in Article 40.6.1.1 of the Constitution, in response to the 6th Report of the Convention on the Constitution.
The work necessary to prepare a Referendum Bill and a Bill to amend the current legislative provision for the offence of blasphemy is ongoing in my Department.
An appropriate date for the Referendum will be decided by Government when the legislation has been prepared. Earlier this month, the Taoiseach confirmed in the Dáil that the blasphemy referendum will not be held this year, as two referenda are already scheduled for this year.
In the meantime, my officials and I are working on preparing the necessary legislation which is included in the Government Legislative Programme for 2015, as announced on 14 January.
318. Deputy Finian McGrath asked the Minister for Justice and Equality if she will provide an update on Garda community policing (details supplied); and if she will make a statement on the matter. [3897/15]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, including community Gardaí, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
The Deputy will be aware that all Gardaí have responsibility, inter alia, to deal with community policing issues as and when they arise. Community policing is the underpinning philosophy and ethos through which An Garda Síochána delivers a service across the country. In that context, I have been informed by the Garda Commissioner that Howth Garda Station covers the area referred to by the Deputy. The personnel strength of Howth Garda Station on 30 November 2014, the latest date for which figures are readily available, was 33. Howth Garda Station forms part of the Raheny Garda District. The personnel strength of which on the same date is as set out in the table below:
|
District |
Gardaí |
Community |
Reserve |
Civilians |
|
Raheny (J) |
163 |
11 |
14 |
8 |
319. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 150 of 21 January 2015 the extent to which it is permissible for members of the public to represent themselves as being a member of An Garda Síochána as has appeared to have happened at a recent eviction (details supplied) in County Kildare; if this is regarded as a serious offence; and if she will make a statement on the matter. [3924/15]
Amharc ar fhreagraI am informed by the Garda authorities that Gardaí attended the address referred to following telephone requests from both the tenant and landlord. On arrival at the location Gardaí found that the landlord was present but the tenant was not. Garda members remained at the scene to ensure there was no breach of the peace. I am further informed that Gardaí were present as observers only and took no active part in any of the landlord's actions.
In relation to concerns in relation to persons attempting to represent themselves as being members of An Garda Síochána, any information in this regard should be provided to the Gardaí for investigation. A number of relevant offences in relation to such actions are contained in section 60 and section 61 of the Garda Síochána Act 2005.
320. Deputy Mattie McGrath asked the Minister for Justice and Equality if she will address a matter (details supplied) raised by her Dáil contribution of 15 January 2015; and if she will make a statement on the matter. [3936/15]
Amharc ar fhreagraFirstly I would like to clarify to the Deputy that in answering a Parliamentary Question on 15 January, I inadvertently said 1,363 firearms applications were refused by the District Courts. The applications referred to, totalling 1,363 applications, were refused by An Garda Síochána and not by the Courts. I have arranged to have the Dáil record corrected to reflect that fact.
Section 8 of the Working Group Report on the review of firearms licensing, published for consultation in November 2013, sets out views expressed by members of the judiciary in relation to legislative provisions governing firearms. The Deputy will appreciate that it would not be appropriate for me to comment on individual cases before the Courts. However, I am advised that over the past four years, Judges in District Courts have commented that it is a matter for the legislature and not the judiciary to address the concerns of senior Garda Officers tasked with considering applications to licence, in particular, large calibre handguns and semi automatic centre fire rifles. For example, I am advised by An Garda Síochána that Judge Lucey, in various District Courts throughout the country, Judge O‘Kelly in Limerick District Court and Judge Kennedy in Bray District Court have dealt with the issue that as the legislation currently allows for the licensing of such firearms, the law must be applied as it currently exists.
Furthermore, An Garda Síochána have advised that judges have raised issues in relation to interpreting Section 33 of the Criminal Justice (Miscellaneous Provisions) Act 2009, which prohibits 'practical or dynamic shooting'. I am advised by An Garda Síochána that Judge Riordan in Cork District Court, Judge McNulty in Bandon District Court, Judge Larkin in Kilmallock District Court, Judge Neylon in Mullingar District Court and Judge Kelleher in Cork District Court have commented on the difficulties in interpreting what exactly constitutes 'a form of activity in which firearms are used to simulate combat or combat training', which was a central issue in appeal cases before these courts.
Additionally, Judge Durcan, in a written judgment in Ennis District Court on 5 November, 2014, addressed an issue relating to the interpretation of the legislation when he stated: “By way of casual initial observation, it must be said that the manner of amendment adopted by the legislature with respect to the Firearms Code is to be regretted. The 2006 Act amends substantially fourteen of the thirty sections of the Principal Act, six important sections of the Principal Act being completely amended by substitution. The 2009 Act contains an additional 20 sections which effect considerable amendments to the code. It is highly unsatisfactory that the code must now be read by reference to a number of different statutes, when the opportunity could have been taken to provide a consolidating statute. Despite developments in information technology and the empowerment of computer consolidation, Statue Law should be easily accessible not merely to Lawyers and Legislators, but also to ordinary citizens in a comprehensible manner”.
The Deputy has also raised the question of the ability of the Garda PULSE system to produce figures on the number of cases which were appealed to the District Court and how many were granted. The Deputy will appreciate that firearms legislation provides for an appeal to the District Court where a firearms licence has been refused by An Garda Síochána. I am informed that the information sought regarding such cases is not readily available to An Garda Síochána or the Courts Service. The work required to collate this information could only be retrieved by way of a manual examination of each individual court record. This would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources. Furthermore, An Garda Síochána have advised that refused renewal applications for restricted firearms that were subsequently granted on appeal are no longer recorded on PULSE as refused or appealed. These applications are updated on the system to show the application as granted. I understand this new method of updating the licensing system on PULSE was introduced to address concerns of interest groups, so that licence holders granted a licence after an appeal do not have an initial refusal recorded on their licence record.
321. Deputy Michael Healy-Rae asked the Minister for Justice and Equality her views on a matter (details supplied) regarding Garda vetting; and if she will make a statement on the matter. [3943/15]
Amharc ar fhreagraEnsuring the safety of children and vulnerable adults is the primary consideration in any vetting process and accordingly such vetting processes demand rigorous procedures to ensure their integrity and to maintain the highest level of confidence by the public and organisations availing of the service. To that end full vetting checks are conducted by the Garda Central Vetting Unit (GCVU) for each new vetting application received to ensure that the most recent data available is taken into account.
The current procedures for Garda vetting ensure the integrity of the system. This is because once there has been any significant lapse of time between one employment and another, the original Garda Vetting Disclosure would not include information regarding any recent criminal convictions, and the second employer could not safely rely on it.
Furthermore, under the Data Protection Acts, any sensitive personal data which employers use in regard to their employees must be current, accurate and up-to-date and employers would be exposed to civil liability if they knowingly recruited staff based on out-of-date criminal records information where the person in fact had a more recent criminal conviction. Effectively, the non-transferability and contemporaneous nature of the current process protects against the risk of fraud or forgery and is a guarantee of the integrity of the vetting service and such procedures are in line with best practice internationally.
There are, however, certain limited circumstances where organisations can share a single vetting disclosure where this is agreed to by the vetting applicant. For example, persons involved in voluntary work may be doing work with more than one voluntary organisation at the same time, and may agree with the vetting applicant to share a single vetting disclosure. Similar arrangements arise in the health sector in regard to persons working as locums, agency nurses or other temporary employees in a number of different organisations, or in the education sector where substitute teachers are on panels for substitute teaching in more than one school.
Finally, the current average processing time for vetting applications is four weeks. Any vetting process will take a certain minimum amount of time to complete and, taking into account the need to protect children and vulnerable adults while providing an effective and efficient service, I do not think that this time period is unreasonable.
