Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Tuesday, 3 Feb 2015

Written Answers Nos. 371-389

Court Accommodation Provision

Ceisteanna (371)

Brendan Smith

Ceist:

371. Deputy Brendan Smith asked the Minister for Justice and Equality if consideration will be given to the establishment of a designated family law court in Cootehill, County Cavan, to serve Cavan and Monaghan, taking into account that Cootehill is centrally situated for both counties and has a substantial courthouse building; and if she will make a statement on the matter. [4591/15]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Programme for Government commits the Government to significant reform of the courts, including the establishment of a separate family law court structure that is streamlined, more efficient, and less costly. Following consultations, my Department is preparing draft legislation in the matter and I intend to bring the relevant proposals to Government for its approval as soon as possible. The proposals will then be referred to the Joint Oireachtas Committee on Justice, Defence and Equality for pre-legislative scrutiny.

Under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. The Courts Service has informed me that decisions relating to venues for the family court will not be decided until a later stage taking account, inter alia, of the suitability of available facilities for family law proceedings.

Garda Equipment

Ceisteanna (372)

Brendan Griffin

Ceist:

372. Deputy Brendan Griffin asked the Minister for Justice and Equality if the Garda will consider the use of technology (details supplied) in rural policing; and if she will make a statement on the matter. [4592/15]

Amharc ar fhreagra

Freagraí scríofa

I have requested the information sought by the Deputy from the Garda authorities and I will be in contact with the Deputy again when the information is to hand.

Garda Deployment

Ceisteanna (373)

Emmet Stagg

Ceist:

373. Deputy Emmet Stagg asked the Minister for Justice and Equality the number of Garda community officers by Garda division and Garda station throughout the State. [4619/15]

Amharc ar fhreagra

Freagraí scríofa

As 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. I have been informed by the Garda Commissioner that, as of the 31 December 2014, the latest date for which figures are readily available, there were 852 dedicated Community Gardaí across the State and I have arranged to send a detailed table of these directly to the Deputy.

Domestic Violence Policy

Ceisteanna (374)

Terence Flanagan

Ceist:

374. Deputy Terence Flanagan asked the Minister for Justice and Equality the protection available to a person (details supplied) who has been subjected to harassment; and if she will make a statement on the matter. [4648/15]

Amharc ar fhreagra

Freagraí scríofa

I am aware of the case referred to by the Deputy and I have sought a report on the matter from the Garda Commissioner. However, the Deputy will appreciate that it would not be appropriate for me to comment further on the detail of the particular case. However, on receipt of the Garda report I will contact the Deputy directly with any further information which it may be possible to give.

More generally, there are a range of legislative provisions, including provisions for a range of court orders, which may be applicable in the sorts of cases referred to by the Deputy.

These include provisions under the Non-Fatal Offences Against the Person Act 1997 which provides for offences of assault, harassment, coercion or threatening behaviour. Section 10(1) of the Act provides for the offence of harassment, including by means of the telephone, by persistently following, watching, pestering, besetting or communicating with another person. Where a person is convicted of such an offence the court may issue a restraining order requiring that the person shall not communicate by any means with the victim or shall not approach within a specific distance of the victim’s home or place of work. It is also an offence to breach such a restraining order.

Even where a person is acquitted of harassment a court can issue a restraining order if, having regard to the evidence, the court is satisfied that it is in the interests of justice to do so.

In addition, there is a related provision in section 101 of the Criminal Justice Act 2006 which allows a Court to make a restriction or movement order in respect of a person convicted of certain scheduled offences, including harassment.

There are also the incremental procedures provided under the Criminal Justice Act 2006. These provide for Garda warnings, good behaviour contracts and behaviour order in relations to children. With regard to adults they provide for warnings and the making of a civil order by the court.

The Domestic Violence Acts 1996 and 2002 (as amended) provide protections for a spouse, a civil partner (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) and a person living with another person in an intimate and committed relationship, as well as protections for a parent in relation to a non-dependent adult child who is living with them and a parent with a child in common with the other parent, regardless of whether the parents live with each other. In addition there is provision for protections in relation to an adult person living with another person.

In conclusion, I can advise the Deputy that work is currently being undertaken to draft proposals to reform and consolidate the Domestic Violence Acts with a view to enactment later this year.

Magdalen Laundries

Ceisteanna (375)

Finian McGrath

Ceist:

375. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support the women who spent time in the Magdalen laundries as a matter of priority, in particular in providing the full Health (Amendment) Act, HAA, card, and with regard to representation to those women who lack the capacity and do not have the support of independent advocates; and if she will make a statement on the matter. [4750/15]

Amharc ar fhreagra

Freagraí scríofa

Judge Quirke recommended that the women receive medical services equivalent to those provided by the holder of a HAA card and he also advised that “not all of the services described in the Guide may be directly relevant to the Magdalen women and any comparable Guide for the Magdalen women would require suitable adaptation.

Judge Quirke also recommended that legislation was required to give effect to this recommendation. The legislative vehicle to achieve this is the Redress for Women Resident in Certain Institutions Bill 2014 which has passed Second Stage in the Dáil. The Bill provides for a broad range of medical services without charge to women who were resident in these institutions. These health services are as follows:

(a) General Practitioner and surgical services

(b) Drugs, medicines and surgical appliances

(c) Nursing services

(d) Home help services

(e) Dental, ophthalmic and aural services

(f) Counselling services

(g) Chiropody services

(h) Physiotherapy services

There is no means assessment in regard to any of the above services which will be provided to these women and, in addition, they will be exempt from charges for acute in-patient services.

With regard to the provision for care representatives, I can advise the Deputy that women who were in the Magdalen laundries are already covered under section 21 of the Nursing Home Support Scheme Act 2009 which makes provision for persons to act as care representatives in respect of any person applying for support under that Act.

In addition, the Assisted Decision Making (Capacity) Bill 2014 is awaiting committee stage in the Dáil. This provides for a range of options including decision making assistants, co-decision makers, decision making representatives and the public guardian, which are well suited to look after the best interests of the women who were in Magdalen laundries and have capacity issues.

As the Deputy will be aware this Bill is just one part of a wider package of supports for these women. Under the Scheme the women are eligible for a payment of between €11,500 and €100,000 depending on the length of stay in a relevant institution. To date, my Department has made decisions on 87% of the cases and a total of over €18m has been paid out so far. The women are also entitled to top up pension type payments of up to €100 under the age of 66 and up to €230.30 aged 66 and over. These payments are being paid by the Department of Social Protection.

The Government is committed to full implementation of the Quirke report.

Garda Recruitment

Ceisteanna (376)

Patrick O'Donovan

Ceist:

376. Deputy Patrick O'Donovan asked the Minister for Justice and Equality in view of the recent Garda recruitment campaign, the current position of bands 1, 2 and 3, which were formed in the recruitment process; in view of the fact that candidates who have been chosen for recruitment have come from band 1, when it is envisaged that candidates in band 2 will be informed they will progress to band 1; and if she will make a statement on the matter. [4765/15]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that 100 new recruits entered training at the Garda College in Templemore in September 2014, the first intake of Garda recruits since 2009. This was followed by an intake of a further 100 new recruits in December and another 100 this week. This will bring to 300 the number of recruits in the Garda College since last September.

It is not possible to say when a candidate in Band 2 or Band 3 might be called to progress to the next stages of the competition. The number of trainees to be recruited will take into account the rate of departures from the force over the coming years and the number of personnel required.

It is the intention that there will be ongoing recruitment and I am discussing the details of this with my colleague the Minister for Public Expenditure and Reform.

Charities Regulation

Ceisteanna (377)

Eamonn Maloney

Ceist:

377. Deputy Eamonn Maloney asked the Minister for Justice and Equality if he will instruct the Charities Regulatory Authority to allow voluntary members to opt out of supplying their PPS numbers when updating their charity entry on the register of charities (details supplied). [4766/15]

Amharc ar fhreagra

Freagraí scríofa

As part of its work in further developing the public Register of Charities that was published by the Charities Regulatory Authority on 16 October 2014, the Authority is currently inviting registered charities to supply it with additional information, some of which is for inclusion on the public Register of Charities, in accordance with the terms of the 2009 Charities Act.

Certain of the information fields requested are optional, including the PPS numbers of charity trustees. Where PPS numbers are supplied, these will not appear on the public Register of Charities.

Citizenship Applications

Ceisteanna (378)

James Bannon

Ceist:

378. Deputy James Bannon asked the Minister for Justice and Equality if she will provide an update on a citizenship application in respect of a person (details supplied); and if she will make a statement on the matter. [4781/15]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy.

Processing of the application is well advanced and the case will be submitted to me for decision in due course.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Human Rights

Ceisteanna (379)

Gerry Adams

Ceist:

379. Deputy Gerry Adams asked the Minister for Justice and Equality if she will report on the November launch of the 16 Days of Action campaign to raise awareness about gender-based violence; and if she will make a statement on the matter. [2149/15]

Amharc ar fhreagra

Freagraí scríofa

The 16 Days Campaign is an international campaign that started in 1991. The Campaign runs from 25th November, UN International Day for the Elimination of Violence against Women, to 10th December, Human Rights Day. On the first day of the campaign last year the Taoiseach and I issued a joint statement to underline the seriousness with which this issue is taken by Government. After condemning all forms of domestic and sexual violence, the Taoiseach said it was necessary to change societal attitudes. In particular the Taoiseach called on men to support women victims of such violence, if they reported such violence to them.

I said that all forms of such violence persist as a stain on our humanity. I welcomed the ‘16 Days of Action’ as a timely opportunity to raise awareness of the evils of gender-based violence. I advocated the need for everyone to work to ensure that no barrier, no hesitation, no doubt ever comes in the way of reporting suspicions or concerns regarding the occurrence or risk of sexual, domestic or gender based abuse.

I was also pleased to participate in the debate condemning domestic violence which took place in the Dáil on 18 December.

I am pleased to say that my Department, through Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, funded voluntary sector organisations to co-ordinate and run local awareness raising activities across the country over the 16 days. Cosc also funded a national MANUP campaign leading up to the 16 days. This campaign aimed to engage men to stand up against domestic and sexual violence. Funding was also provided to the White Ribbon campaign for activities during the 16 days. That campaign was also focussed on engaging men as advocates against such violence.

Anti-Social Behaviour

Ceisteanna (380)

Fergus O'Dowd

Ceist:

380. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the options open to residents in County Louth living with anti-social behaviour; and if she will make a statement on the matter. [4868/15]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that the first step that anyone should take in relation to concerns about anti-social behaviour is to contact their local Garda. In this regard, An Garda Síochána continue to implement a range of strategies based on existing legislation and enhancing partnerships with local communities in County Louth and elsewhere.

A range of strong legislative provisions are available to an An Garda Síochána to combat anti-social behaviour, including provisions under the Criminal Justice (Public Order) Acts, the Criminal Damage Act and the Intoxicating Liquor Acts. There are also the incremental provisions contained in the Criminal Justice Act 2006 which provide for warnings and civil proceedings in relation to anti-social behaviour by adults and Part 13 of the Act which provide for warnings, good behaviour contracts and civil proceedings in relation to anti-social behaviour by children.

The National Model of Community Policing is directed and supported each year by the Garda Síochána Annual Policing Plan which underlines the importance of community based policing. An Garda Síochána continue to tackle public disorder and anti-social behaviour by working with communities and business groups, including the hospitality industry, to reduce this type of behaviour and enhance community safety. This approach includes a strong focus on quality of life issues and collaboration with local authorities to help address the causes of anti-social behaviour.

In addition, new Garda Community Crime Prevention Guidelines, which build on the work of existing partnership programmes such as Neighbourhood Watch and Community Alert, were published in January 2013. The guidelines give information and advice to help establish new community "watch" groups and also to revitalise existing groups where necessary. My Department continues to provide funding for the Community Alert programme, administered by Muintir na Tíre in partnership with the Gardaí, which supports the operation of over 1,300 local groups. An Garda Síochána also supports the operation of approximately 2,500 Neighbourhood Watch groups countrywide.

Furthermore, the Garda Text Alert Scheme, which was developed with the support of Muintir na Tíre, Neighbourhood Watch and the Irish Farmers Association, was introduced in September 2013 and has developed very successfully with in excess of 500 local groups involving over 100,000 subscribers. The scheme provides an additional and effective means for Gardaí to distribute crime prevention information and advice and there are in the region of 200,000 text messages sent under the scheme each month.

In August last year, I published new guidelines for the operation of Joint Policing Committees (JPCs) which have an important role in supporting local community policing partnerships. The new JPC guidelines emphasise the need to enhance communication between JPCs, which have a strategic co-ordinating role, and the full range of local and community based fora which can contribute to improving community safety and supporting effective policing responses.

Magdalen Laundries

Ceisteanna (381)

Terence Flanagan

Ceist:

381. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding the Magdalen laundries redress programme (details supplied); and if she will make a statement on the matter. [4883/15]

Amharc ar fhreagra

Freagraí scríofa

Judge Quirke recommended that the women receive medical services equivalent to those provided by the holder of a HAA card and he also advised that “not all of the services described in the Guide may be directly relevant to the Magdalen women and any comparable Guide for the Magdalen women would require suitable adaptation.

Judge Quirke also recommended that legislation was required to give effect to this recommendation. The legislative vehicle to achieve this is the Redress for Women Resident in Certain Institutions Bill 2014 which has passed Second Stage in the Dáil. The Bill provides for a broad range of medical services without charge to women who were resident in these institutions. These health services are as follows:

(a) General Practitioner and surgical services

(b) Drugs, medicines and surgical appliances

(c) Nursing services

(d) Home help services

(e) Dental, ophthalmic and aural services

(f) Counselling services

(g) Chiropody services

(h) Physiotherapy services

There is no means assessment in regard to any of the above services which will be provided to these women and, in addition, they will be exempt from charges for acute in-patient services.

With regard to the provision for care representatives, I can advise the Deputy that women who were in the Magdalen laundries are already covered under section 21 of the Nursing Home Support Scheme Act 2009 which makes provision for persons to act as care representatives in respect of any person applying for support under that Act.

In addition, the Assisted Decision Making (Capacity) Bill 2014 is awaiting committee stage in the Dáil. This provides for a range of options including decision making assistants, co-decision makers, decision making representatives and the public guardian, which are well suited to look after the best interests of the women who were in Magdalen laundries and have capacity issues.

As the Deputy will be aware this Bill is just one part of a wider package of supports for these women. Under the Scheme the women are eligible for a payment of between €11,500 and €100,000 depending on the length of stay in a relevant institution. To date, my Department has made decisions on 87% of the cases and a total of over €18m has been paid out so far. The women are also entitled to top up pension type payments of up to €100 under the age of 66 and up to €230.30 aged 66 and over. These payments are being paid by the Department of Social Protection.

With regard to the pension type payments, Judge Quirke recommended that eligible women should, in addition, and without regard to the "lump" sum payments, receive weekly payments of €100 if under 66 and the equivalent of the State Contributory pension - €230.30 - if over 66 for the remainder of their lives. These payments are to be calculated net of other State benefits. This recommendation is being fully implemented by the Department of Social Protection. The Government decided that the commencement date for the Scheme was 1 August 2013 so therefore, regardless of when an applicant makes an application, if eligible for the scheme, will have appropriate payments backdated to 1 August 2013.

The only issue of back dating mentioned by Judge Quirke is in his 7th Recommendation in which he states, “Where a written “expression of interest” (or other written application for inclusion within the proposed Scheme) has been provided to the State by or on behalf of a Magdalen woman who was alive on or after the 19th of February 2013 then that woman will be eligible for consideration to be included within the Scheme. Additional income ex gratia payments (payable to women entitled to payments in excess of €50,000) will not accrue to the benefit of the estate of any Magdalen woman.”

The Government is committed to full implementation of the Quirke report.

Domestic Violence Policy

Ceisteanna (382)

Thomas P. Broughan

Ceist:

382. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the safety orders available to persons who are being harassed, threatened or intimidated by persons known to them, for example a sibling suffering from mental health disorders or serious behavioural issues; and in view of recent tragic cases (details supplied) in County Cork; the measures being put in place to protect family members and loved ones who suffer in these dangerous situations. [4885/15]

Amharc ar fhreagra

Freagraí scríofa

I am of course aware of the tragic cases referred to by the Deputy. While the circumstances of particular cases will vary there are a range of legislative provisions, including provisions for a range of court orders, which may be applicable in the sorts of cases referred to by the Deputy.

These include provisions under the Non-Fatal Offences Against the Person Act 1997 which provides for offences of assault, harassment, coercion or threatening behaviour. Section 10(1) of the Act provides for the offence of harassment, including by means of the telephone, by persistently following, watching, pestering, besetting or communicating with another person. Where a person is convicted of such an offence the court may issue a restraining order requiring that the person shall not communicate by any means with the victim or shall not approach within a specific distance of the victim’s home or place of work. It is also an offence to breach such a restraining order.

Even where a person is acquitted of harassment a court can issue a restraining order if, having regard to the evidence, the court is satisfied that it is in the interests of justice to do so.

In addition, there is a related provision in section 101 of the Criminal Justice Act 2006 which allows a Court to make a restriction or movement order in respect of a person convicted of certain scheduled offences, including harassment.

There are also the incremental procedures provided under the Criminal Justice Act 2006. These provide for Garda warnings, good behaviour contracts and behaviour order in relations to children. With regard to adults they provide for warnings and the making of a civil order by the court.

The Domestic Violence Acts 1996 and 2002 (as amended) provide protections for a spouse, a civil partner (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) and a person living with another person in an intimate and committed relationship, as well as protections for a parent in relation to a non-dependent adult child who is living with them and a parent with a child in common with the other parent, regardless of whether the parents live with each other. In addition there is provision for protections in relation to an adult person living with another person.

In conclusion, I can advise the Deputy that work is currently being undertaken to draft proposals to reform and consolidate the Domestic Violence Acts with a view to enactment later this year.

Liquor Licence Applications

Ceisteanna (383)

Brendan Griffin

Ceist:

383. Deputy Brendan Griffin asked the Minister for Justice and Equality if a waiver will be considered in the case of a small retailer (details supplied) in County Kerry; and if she will make a statement on the matter. [4922/15]

Amharc ar fhreagra

Freagraí scríofa

The position is that while I have overall responsibility for the licensing laws in my capacity as Minister for Justice and Equality, it would not be appropriate for me to intervene in, or comment on, a particular licensing case.

The general position is that section 6 of the Intoxicating Liquor Act 2008 introduced a statutory requirement which prevents the Revenue Commissioners from issuing a new wine retailer's off-licence until the applicant has obtained a certificate from the District Court. The District Court may refuse to issue such a certificate in any particular case on grounds of the character, misconduct or unfitness of the applicant, the unfitness or inconvenience of the premises, the unsuitability of the premises for the needs of persons residing in the neighbourhood, or the adequacy of the existing number of licensed premises of the same character in the neighbourhood. Moreover, the Court may impose a condition on granting such a certificate in relation to the installation, use and operation of a CCTV system in respect of the premises. Matters relating to the rate of excise duty payable in respect of licences are the responsibility of the Minister for Finance and the Revenue Commissioners.

Fuel Quality

Ceisteanna (384)

Fergus O'Dowd

Ceist:

384. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the number of complaints regarding petrol and diesel quality received by the Garda during the past 12 months in County Louth and that portion of east Meath in the Louth constituency; the numbers being investigated; the number of prosecutions which have been taken or initiated and their outcome; and if she will make a statement on the matter. [4934/15]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Garda authorities that no reports of complaints regarding the quality of petrol and diesel have been received by An Garda Síochána in the past twelve months in County Louth and that portion of East Meath that is in the Louth constituency.

Detention Centres Data

Ceisteanna (385)

Caoimhghín Ó Caoláin

Ceist:

385. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs if he will provide details of the Oberstown campus, including the number of cases of self harm and suicide attempted by clients; if there has been any increase in this compared to the past three years; if there has been an increase in the number of staff being assaulted; if there is a plan to house ten clients per unit despite the fact that a review of services on campus carried out a number of years ago concluded that the safe number of clients per unit was six; when the McIlfactrick report will be released; if current facilities are suitable; and if he will make a statement on the matter. [4644/15]

Amharc ar fhreagra

Freagraí scríofa

The table provides information from 2011 to 2013 regarding the number of cases of assault, self harm and suicide attempted by young persons on the Oberstown campus. This information is based on incidents reported by staff and management under the Oberstown "Notifiable Incidents Policy", which is available on the website of the Irish Youth Justice Service. I have arranged for a copy of this policy to be sent to the Deputy.

Notifiable Incidents - Oberstown Campus - 2011 to 2013

-

2011

2012

2013

No. of Assaults on Staff

26

20

16

No. of Self Harm Attempts

3

0

0

No. of Suicide Attempts

0

1

1

The comparable figures reported under the policy for 2014 will be available in the near future and will be forwarded to the Deputy. I am advised that unfortunately, there was a period in late 2014 when there was a small number of attempts at self harm or suicide involving a number of young people on the campus. In the case of 1 young person, there was a total of 5 attempts at self harm or suicide and in 3 other cases, 1 attempt each at self harm or suicide. All such incidents are thoroughly reviewed by management and staff and the Campus Manager has put procedures in place since these incidents to enhance monitoring and security of all children on the campus.

I understand that a number of reviews have taken place over the years in relation to residential units for both children's detention and special care. These considered issues such as unit size, layout, facilities, the mix of young people and staff numbers. The new units to be commissioned shortly on the Oberstown campus comprise of 10 bedrooms each, all of which have in-room sanitation and shower facilities. The units also include multipurpose rooms, recreational areas, kitchen, dining area and laundry facilities. The units offer greater space, flexibility of use and security than the present units on the campus. The design of the units allows for more than one type of activity to take place at any given time and in separate parts of the unit. It is envisaged that the new units will be initially used a rate of 8 children per unit and the maximum number per unit will be kept under ongoing review based on the criteria outlined above.

The report referred to by the Deputy is the subject of an ongoing human resources process on the Oberstown campus. This process is ongoing and I am advised that no steps can be taken at this time which could be interpreted as prejudicial to this process.

Legislative Measures

Ceisteanna (386)

Denis Naughten

Ceist:

386. Deputy Denis Naughten asked the Minister for Children and Youth Affairs when he will publish the new child care regulations; and if he will make a statement on the matter. [4318/15]

Amharc ar fhreagra

Freagraí scríofa

The revised Child Care Regulations which are required under the new amendments to Part VII of the Child Care Act 1991 are currently being developed in association with the Office of the Parliamentary Counsel. These new Regulations will provide for a number of reforms being introduced by my Department under the Early Years Quality Agenda.

As pointed out previously, the drafting of the new regulations required a root and branch re-examination of the existing regulations, including a restructuring of regulations and guidance content in line with the latest drafting practices. It is expected that the new Regulations will be finalised shortly.

Mother and Baby Homes Inquiries

Ceisteanna (387)

Finian McGrath

Ceist:

387. Deputy Finian McGrath asked the Minister for Children and Youth Affairs if he will include the Westbank Home, Greystones, County Wicklow, on the list of institutions to be investigated by the Ryan commission; his views on correspondence (details supplied); and if he will make a statement on the matter. [4400/15]

Amharc ar fhreagra

Freagraí scríofa

Since the decision to establish this investigation was announced, there have been calls for the inclusion of a wide range of institutions in the list of Mother and Baby Homes. In responding to these calls it is important to be clear on what we want this investigation to examine and that we are clear and realistic as to our approach and expectations here. My sole objective is to establish a focused Commission, which can effectively utilise all the necessary powers, to establish relevant facts in a reasonable time frame. On the basis of the available information it would not be appropriate to consider places which were children’s homes, infants’ homes or functioned as orphanages, as being Mother and Baby Homes. These institutions did not provide the specific range of services, in particular supervised ante and post-natal facilities to single mothers and their children which are the central focus of this investigation, in the manner of the homes listed in the terms of reference.

As I have previously stated, it would not be accurate to suggest children’s homes and orphanages are excluded from this Investigation as the relationships of Mother and Baby Homes with such institutions will be explored by the Commission as required by Article 1(VII) of the investigation and in the academic social history module. The Commission will investigate evidence of patterns of referral, relationships and co-operation with other entities and intermediary organisations. This will allow for examination of the practices and procedures pertaining in such institutions including intermediary bodies involved in the placement of children.

While I do appreciate that there are many additional matters which some might like to be included, and I have responded to the specific issue raised on a number of occasions, it is important to be clear that this is not an investigation into all and every type of institution. It is also the case that other inquiries examined issues relating to a wide range of care settings including children’s homes. As we know a major investigation into historical child abuse has already been conducted by the Commission to Inquire into Child Abuse. Its remit was to inquire into the abuse of children in institutions in the period 1940 to 1999 and the broad definition of institutions covered included settings such as the Westbank Orphanage.

I am satisfied that the independent Commission has sufficient scope to examine a broad range of concerns, and to make a determination on their relevance to the central issues in question, and where appropriate to make any recommendations to me which the Commission deems necessary. In this regard, I hope that this will reassure those who feel that the process to date may not have fully uncovered information relevant to their specific circumstances.

Departmental Expenditure

Ceisteanna (388, 389)

Patrick O'Donovan

Ceist:

388. Deputy Patrick O'Donovan asked the Minister for Children and Youth Affairs if he will provide in tabular form for the years 2007 to 2010 the total photography costs to his Department, including a list of which photographers were booked, the photographers used and breakdown of costs associated with each occasion that a photographer was used; and if he will make a statement on the matter. [4488/15]

Amharc ar fhreagra

Patrick O'Donovan

Ceist:

389. Deputy Patrick O'Donovan asked the Minister for Children and Youth Affairs if he will provide in tabular form for the years 1997 to 2007 the total photography costs to his Department, including a list of which photographers were booked, the photographers used and breakdown of costs associated with each occasion that a photographer was used; and if he will make a statement on the matter. [4504/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 388 and 389 together.

My Department was established in June 2011 and therefore I cannot provide the information requested by the Deputy.

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