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Thursday, 26 Feb 2015

Written Answers Nos. 144-152

Prison Education Service

Ceisteanna (144)

Maureen O'Sullivan

Ceist:

144. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the number of prisoners actively following courses with the Open University at present, in total and in each institution; and if she will make a statement on the matter. [8625/15]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that the Education Unit in each of the prisons offers a broad and flexible programme of education to prisoners, ranging from basic literacy classes to Open University courses. With regard to Open University, there is a uniform application procedure with associated guidelines and prisoners must demonstrate the proven academic ability required to complete a third level course of study, prior to funding being approved.

Education Units in prisons are involved in the development and implementation of a wide variety of courses catering for the needs and interests of prisoners. While Open University courses represent the higher end of academic achievement in prisons, the majority of courses on offer lead to certification, mainly State examinations or FETAC accreditation.

The number of prisoners actively following a course with the Open University at the present time, in total and in each institution is set out in the following table.

Open University

2015

Arbour Hill

8

Castlerea

3

Cloverhill

0

Cork

2

Dóchas

3

Limerick

3

Loughan House

5

Midlands

5

Mountjoy

5

Portlaoise

6

Shelton Abbey

1

St.Patrick's

0

Training Unit

5

Wheatfield

8

TOTAL

54

Residency Permits

Ceisteanna (145)

Bernard Durkan

Ceist:

145. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in respect of persons (details supplied) in County Waterford; and if she will make a statement on the matter. [8636/15]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, following the refusal of their asylum claim, the person concerned proceeded to lodge an application for subsidiary protection. I am also advised that this subsidiary protection application was formally withdrawn on 8th December, 2014. The case file of the person concerned was then passed to the INIS' Ministerial Decisions Unit for the purposes of having a 'three options letter' issued. Upon receipt of the three options letter, it will be open to the person concerned to submit written representations in support of their case to remain in the State.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established 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 the INIS is, in the Deputy's view, inadequate or too long awaited.

Departmental Reform

Ceisteanna (146)

Lucinda Creighton

Ceist:

146. Deputy Lucinda Creighton asked the Minister for Justice and Equality further to Parliamentary Question No. 111 of 18 November 2014, the additional steps that have been taken, on foot of the Guerin report, to change the governance and management of her Department; the concrete improvements that have been made to the performance of her Department since her statement on 13 May 2014; the progress made in the appointment of a new Secretary General; and if she will make a statement on the matter. [8656/15]

Amharc ar fhreagra

Freagraí scríofa

I assume the Deputy is referring to the Report of the Independent Review Group chaired by Mr Kevin Toland. Following the publication of the Groups report in relation to the performance, management and administration of my Department, a Programme for Change to address the Group's recommendations is continuing. The objective of this Programme is to assist the Department to migrate to a new culture, leadership, management and operating model which delivers a high performing organisation and provides strategic oversight and added value to its agencies.

Since my reply of 18 November 2014, a number of additional recommendations/initiatives have been advanced including the following:

- a Corporate Secretariat Office has been established and a Head of Communications has been appointed - these will address many of the internal process issues identified as well as strengthening internal and external communications

- sanction has been received for a number of additional posts to facilitate the implementation of the Programme for Change throughout the Department. This includes a new Deputy Secretary post and this post was advertised by the Public Appointments Service in February 2015

- the membership of the Department's Management Advisory Committee has now been extended to include the Director of the Probation Service and two Principal Officers (PO) who represent the wider PO group. New formalised working procedures, including for meetings with the Minister, introduced following the Review, are supporting the overall governance of the Department

- a Principal Officer Forum has been established, one of the aims of which is to engage POs in identifying how they can contribute to improving the coherence and efficiency of the Department's overall performance

- following a successful meeting with Heads of Agencies in Farmleigh on 13 November, 2014, proposals for more structured engagement with agencies are being implemented

- formal Performance Agreements have been signed off with a number of agencies and this process is continuing

- a new Strategy Statement for my Department covering the period 2015-2017 will be published shortly. This is guided principally by the Review Group's recommendations - this Strategy will be the anchor on which the planning processes recommended in the Review will be grounded

- an annual staff survey questionnaire has been developed and the first survey will be conducted shortly. This will (a) baseline current attitudes and opinions (b) identify areas that require a focused approach to change with appropriate interventions and (c) enable measurement of the success of those interventions into the future

- the comprehensive reform programme in respect of policing, which includes the establishment of an independent Policing Authority, is being implemented, overseen by the Cabinet Committee on Justice Reform

- far-reaching legislative reforms are being prioritised and developed across a whole range of public policy issues as part of the Government's legislative programme.

While a permanent appointment to the post of Secretary General has yet to be made, Mr Noel Waters, Director General of INIS, continues as Acting Secretary General and he and the senior management team are working closely with me, the Department staff and all stakeholders to implement the recommendations of the Review.

Illness Benefit Payments

Ceisteanna (147)

John McGuinness

Ceist:

147. Deputy John McGuinness asked the Minister for Justice and Equality if payments made by the Department of Social Protection to her Department in respect of a person (details supplied) in County Carlow, for the period for which that person was on sick leave, will be refunded to that person, in full, in accordance with the social welfare statement, covering the period 18 December 2014 to 6 February 2015; and if payment will be expedited. [8676/15]

Amharc ar fhreagra

Freagraí scríofa

I understand from the Commissioner that the member in question, when completing his application for Illness Benefit on the commencement of his most recent absence on 11th December 2014, mandated this benefit to the Garda Vote.

The member raised this issue directly with the pay section in the FSSC, Killarney who on receipt of the relevant documentation from the Department of Social Protection on 19th February 2015, put in place the appropriate mechanism to refund Illness Benefit for the period 18th December 2014 to 5th February 2015 to the member.

This refund will be included in the member’s pay cheque on 26th February 2015

Garda Deployment

Ceisteanna (148)

Terence Flanagan

Ceist:

148. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will prioritise the deployment of more gardaí on the northside of Dublin in view of a 20% increase in burglaries there in 2014; and if she will make a statement on the matter. [8707/15]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, 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 been informed by the Garda Commissioner that the personnel strength of each Garda Station in the Dublin Metropolitan Region (D.M.R.) North Garda Division and (D.M.R.) North Central on 31 December 2014, the latest date for which figures are readily available, is set out in the following tables.

I was very pleased that my colleague the Minister for Public Expenditure and Reform agreed to the resumption of Garda recruitment. Last September, 100 new Garda recruits entered training at the Garda College in Templemore, the first intake of Garda recruits since May 2009. This was followed by an intake of a further 100 recruits in December and a third intake of 100 this month. This means that there are now 300 Garda students in training. The Garda Commissioner, will of course, continue to keep the needs of D.M.R. North and North Central Garda Divisions under review within the overall context of the needs of Garda Divisions throughout the country.

I remain in discussion with my colleague the Minister for Public Expenditure and Reform on the timing of future intakes of Garda recruits.

D.M.R. North Division

Station

Strength

Reserve

Civilian

Balbriggan

62

5

4

Garristown

2

0

0

Lusk

10

0

0

Skerries

9

0

1

Ballymun

114

12

10

Dublin Airport

24

0

1

Santry

90

10

4

Coolock

109

8

11

Malahide

30

2

1

Swords

70

10

2

Clontarf

68

4

1

Howth

31

2

1

Raheny

62

8

6

D.M.R. North Central Division

Station

Strength

Reserve

Civilian

Bridewell

171

22

15

Mountjoy

189

21

12

Immigration D/Docks

3

0

0

Store Street

244

30

10

Property Services Regulation

Ceisteanna (149)

Terence Flanagan

Ceist:

149. Deputy Terence Flanagan asked the Minister for Justice and Equality the regulation which obtains in respect of estate agents; her plans for new regulation; and if she will make a statement on the matter. [8711/15]

Amharc ar fhreagra

Freagraí scríofa

The Property Services (Regulation) Act 2011 established the Property Services Regulatory Authority to control, supervise and regulate Property Services Providers (i.e. Auctioneers/Estate Agents, Letting Agents and Property Management Agents). Any person wishing to provide a property service must be licensed by the Authority and meet certain minimum qualification standards. The new PSRA licensing system came into effect on 6 July 2012.

A key role of the Authority is to set and enforce standards in the provision of property services by Property Services Providers.

I have no plans at this time to amend the Property Services (Regulation) Act 2011.

Garda Deployment

Ceisteanna (150)

Terence Flanagan

Ceist:

150. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will ensure that more gardaí are deployed in an area (details supplied) in Dublin 3 in view of the number of break-ins; and if she will make a statement on the matter. [8713/15]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, 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 Raheny Garda District patrols the area referred to by the Deputy. The personnel strength of Raheny Garda District on 31 December 2014, the latest date for which figures are readily available, was 161. There are also 14 Garda Reserves and eight civilians attached to the District. Resources are further augmented, where necessary, by a number of Garda National Units such as the Garda National Drugs Unit (GNDU), the National Bureau of Criminal Investigation (NBCI), the Criminal Assets Bureau (CAB) and other specialised units.

The first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15th 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. The remaining 100 entered the college in early February. 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 and the December intake will attest in August 2015. On attestation they will be assigned to Garda stations throughout the country by the Garda Commissioner and the needs of Raheny Garda District will be fully considered.

I remain in discussion with my colleague the Minister for Public Expenditure and Reform on the timing of future intakes of Garda recruits.

Sentencing Policy

Ceisteanna (151)

Terence Flanagan

Ceist:

151. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to review the sentencing laws in this country, and introduce mandatory sentences; and if she will make a statement on the matter. [8714/15]

Amharc ar fhreagra

Freagraí scríofa

There is a mandatory sentence for murder and there are presumptive minimum sentences for a number of offences. However in general the legislature sets out the maximum sentence that can be imposed and it is then a matter for the judiciary to decide what is the appropriate sentence in a particular case taking into account all the circumstances.

The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Information on sentencing is also being developed by a steering committee established by the Courts Service Board and chaired by the Chief Justice. This Committee, the Irish Sentencing Committee oversaw the development of a Sentencing Information website, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. The website is being developed as a valuable tool not only for members of the judiciary but also for lawyers, researchers, those concerned with the needs of victims and their families and members of the public. I am informed that this website is being re-launched shortly.

The Law Reform Commission looked at the issue of mandatory sentences in detail in their report LRC 108- 2013. They were in favour of retaining the mandatory sentence for murder. However they were of the view that for other offences, mandatory sentencing regimes are too rigid and have not been shown to be effective in reducing offending. They recommended that presumptive minimum sentences should not be extended and that existing provisions should be repealed.

The Strategic Review of Penal Policy report published in July 2014 made a number of recommendations about sentencing. In particular they recommended that no further mandatory sentences or presumptive minimum sentences be introduced and existing provisions should be reviewed.

I am looking at the question of sentencing legislation in the light of these two reports.

Ministerial Advisers Remuneration

Ceisteanna (152)

Colm Keaveney

Ceist:

152. Deputy Colm Keaveney asked the Minister for Justice and Equality the total severance packages, individually detailed, received by any special advisers in her Department, or those agencies under its aegis, since January, 2014, specifically in respect of persons (details supplied); and if she will make a statement on the matter. [9093/15]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that none of the persons specified served as special advisors in my Department nor received any severance payments from my Department.

A special advisor to my predecessor received a severance package of €10,160 upon the termination of their employment in 2014.

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