Joe Carey
Ceist:297. Deputy Joe Carey asked the Minister for Defence his views on a matter (details supplied) regarding an Army camp; and if he will make a statement on the matter. [10224/15]
Amharc ar fhreagraDefence Forces Properties
Ceisteanna (297)
Freagraí scríofa
Following a re-organisation of the Reserve Defence Force Lahinch Camp closed in March 2013. The property was surplus to my Department’s requirements and in accordance with normal procedure was offered for sale to other Government Departments and Public Bodies. Discussions took place with Clare County Council and local community groups in relation to the property. However, in the absence of any viable proposal being received the property was sold by public auction on 9 April 2014.
Defence Forces Properties
Ceisteanna (298)
Seán Ó Fearghaíl
Ceist:298. Deputy Seán Ó Fearghaíl asked the Minister for Defence if his Department is responsible for the maintenance of roads, footpaths and public open spaces at a location (details supplied) in County Kildare; and if he will make a statement on the matter. [10404/15]
Amharc ar fhreagraFreagraí scríofa
Orchard Park Estate in the Curragh has not been taken in charge by Kildare County Council and remains the responsibility of my Department. Officials from my Department are in the process of undertaking a full survey of the Estate to determine the necessary remedial works. It is hoped to commence the works in the near future. However, due to financial restraints the work carried out will be on a strictly prioritised basis.
Irish Red Cross Governance
Ceisteanna (299)
Seán Ó Fearghaíl
Ceist:299. Deputy Seán Ó Fearghaíl asked the Minister for Defence if his attention has been drawn to the recent resignation of the Secretary General of the Irish Red Cross; the reason for the resignation; if his attention has also been drawn to the recent resignations of the heads of finance and communications at the Irish Red Cross; the reasons for these resignations; if his attention has been further drawn to a media report (details supplied) on the Irish Red Cross; his views on same; his further views on the apparent lack of progress on corporate governance reforms at the Irish Red Cross; and if he will make a statement on the matter. [10448/15]
Amharc ar fhreagraFreagraí scríofa
My attention has been drawn to the media report in question and I am aware of the fact that three senior managers at the Irish Red Cross Society have recently resigned from their positions. However, pursuant to relevant legislation, the Irish Red Cross Society is an independent charitable body corporate with full power to manage and administer its own affairs and accordingly the reasons for the three resignations are entirely a matter for the Society itself.
In recent years the Society has reformed its corporate governance structures and now has in place a governance framework that meets the standards set by the International Federation of Red Cross and Red Crescent Societies and the International Committee of the Red Cross. The reforms introduced were facilitated by the legislative amendments made by this Government in 2012 which represented the most wide ranging and fundamental set of changes to have occurred since the establishment of the Society in 1939. Furthermore, in accordance with a Programme for Government commitment, my Department is continuing to progress a legal review of the basis, structures and governance of the Irish Red Cross to further underpin the independence of the Society and I anticipate that this will result in a new Red Cross Bill.
The Departmental Official who is a member of the Irish Red Cross Executive Board regularly keeps the Minister informed of developments in the Society.
Equality Issues
Ceisteanna (300, 302)
Ruth Coppinger
Ceist:300. Deputy Ruth Coppinger asked the Minister for Justice and Equality her views on a company (details supplied) establishing a rule against the use of languages other than English in its workplace and making the non-use of the English language a disciplinary matter; and her further views that such policies have a negative impact on the participation of minority groups in the workplace. [9933/15]
Amharc ar fhreagraRuth Coppinger
Ceist:302. Deputy Ruth Coppinger asked the Minister for Justice and Equality her views on a company (details supplied) establishing a rule against the use of languages other than English, in its workplace and making the non-use of the English language a disciplinary matter. [9934/15]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 300 and 302 together.
Equality legislation prohibits discrimination in the provision of goods and services on nine grounds, including race. Persons who consider they have been discriminated against can bring a complaint to the Equality Tribunal for adjudication and the Irish Human Rights and Equality Commission can provide advice and assistance to persons wishing to bring such a case.
I cannot comment on the specifics of any individual case as reported in the media or offer advice by way of answer to a Parliamentary Question or otherwise to any of the parties. However, I do want to make a general comment about the importance of an open and welcoming attitude to the many new citizens and new communities that we have in Ireland. In social and cultural terms, the diverse nature of our migrant population, representing as it does people from approximately 200 different countries, exposes us to experiences of new communities coming from a wealth of diverse backgrounds and enriches our society and culture. Indeed, increased linguistic competence in our society has a direct and positive impact on our foreign trade relations and accordingly on employment in Ireland. Exposure to different languages helps us to develop a greater understanding of other cultures and the richness and diversity they can offer. It also helps us as a nation, and as individuals, to appreciate and value in a deeper way those elements of Irish culture which help define us as a nation. Ireland’s changing demographic over the last 10 years has helped to shape a more socially and culturally diverse society and there is no doubt that Ireland will remain a diverse society into the future. Accordingly, it important that we celebrate and harness this diversity and ensure that our communities, our businesses and our schools are inclusive.
Prison Accommodation Provision
Ceisteanna (301)
Joe Carey
Ceist:301. Deputy Joe Carey asked the Minister for Justice and Equality the position regarding the closing of St. Patrick's Institution; and if she will make a statement on the matter. [10160/15]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware, the Government is committed to ending the practice of sending children to St. Patrick’s Institution. Significant progress has been made by my own Department and the Department of Children and Youth Affairs in fulfilling that commitment. Responsibility for 16 year old boys was transferred from the Irish Prison Service to the children's detention facilities at Oberstown in May 2012.
In relation to 17 year old boys, and as an interim measure, since December 2013 all such boys sentenced to detention in St. Patrick’s have been transferred to dedicated units in Wheatfield Place of Detention. Boys aged 17 remanded in custody to St. Patrick’s Institution have had to remain there for legal reasons pending the completion of new children detention facilities at Oberstown and the preparation of the necessary legal instruments to transfer responsibility for such boys to Oberstown.
My Department is also preparing Heads of a Bill to allow for the complete closure of St. Patrick’s Institution and its removal from the statute book. This legislation when it is enacted will mean that the courts will no longer have the power to remand or sentence any person to detention in St. Patrick’s and the Institution can then be closed in full.
Question No. 302 answered with Question No. 300.
Garda Vetting Applications
Ceisteanna (303)
Willie O'Dea
Ceist:303. Deputy Willie O'Dea asked the Minister for Justice and Equality when a decision will be made by the Garda vetting office regarding an application for a contractor's licence (details supplied) in County Limerick; the reason for the delay; and if she will make a statement on the matter. [9883/15]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware, the Private Security Authority (PSA), established under the Private Security Services Act 2004, is the regulatory body with responsibility for regulating and licensing the private security industry. The Authority is an independent body under the aegis of my Department and so the processing of licence applications is a matter solely for the Authority. The Deputy will appreciate that Garda vetting is an integral part of that licensing process.
I am informed by the Garda authorities that the PSA forwarded a vetting application on behalf of the person referred to by the Deputy to the Garda Central Vetting Unit in relation to his application for a contractor's private security services licence. I am informed that further enquiries were required. On completion of these enquiries a vetting disclosure regarding the person concerned will be returned to the PSA.
Gambling Legislation
Ceisteanna (304)
Terence Flanagan
Ceist:304. Deputy Terence Flanagan asked the Minister for Justice and Equality the reason for the delay in introducing legislation in respect of gambling (details supplied); and if she will make a statement on the matter. [9904/15]
Amharc ar fhreagraFreagraí scríofa
The Deputy will be aware that the General Scheme of the Gambling Control Bill is with the Office of the Parliamentary Counsel for drafting. This Bill will, upon enactment, replace all extant legislation in the areas of betting and gaming. The National Lottery is covered under a separate enactment and will not be affected by the enactment of the Gambling Control Bill.
There are currently 9 Bills in respect of legislative changes being brought forward by my Department on the "A" legislative list awaiting publication, with another 15 legislative proposals on the "B" list at various stages of drafting. I remain committed to advancing the Gambling Control legislation, although it is not possible at this point to indicate when the Bill is likely to be published.
I should point out that this Government is the first to bring forward wide ranging legislative proposals to update the law in this area.
Garda Misconduct Allegations
Ceisteanna (305)
Clare Daly
Ceist:305. Deputy Clare Daly asked the Minister for Justice and Equality the steps taken in order to protect evidence (details supplied); and if she will ensure they are considered as part of the internal review mechanism currently under way in her Department. [9909/15]
Amharc ar fhreagraFreagraí scríofa
The purpose of the Independent Review Mechanism is to examine allegations of misconduct by members of the Garda Síochána with a view to determining to what extent and in what manner further action may be required in each case. The review is being carried out by the Panel of counsel established for the purpose and consists of an examination of the papers in each complaint by a member of the Panel. The Panel is not an investigative body for the re-investigation of crimes or allegations of criminal behaviour. It does not involve hearings, oral evidence or other forms of investigation, such as, for example, the viewing of CCTV footage.
The investigation of crime is the responsibility of the Garda Commissioner and neither I, as Minister, nor the Independent Panel have such an investigative function. The examination of any evidence in the context of a criminal investigation is an operational matter for the Garda Commissioner.
Garda Equipment
Ceisteanna (306)
Ruth Coppinger
Ceist:306. Deputy Ruth Coppinger asked the Minister for Justice and Equality in view of the report (details supplied), her plans to expand the number of gardaí with access to firearms; her further plans to train more gardaí in the use of firearms; her plans to change the weapons available to gardaí; and if she will make a statement on the matter. [9932/15]
Amharc ar fhreagraFreagraí scríofa
I have requested the information sought by the Deputy from the Garda authorities and I will arrange for the information to be forwarded to the Deputy upon receipt.
Asylum Applications
Ceisteanna (307)
Bernard Durkan
Ceist:307. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of persons who registered as refugees or applied for refugee and-or asylum status resulting in an application for residency in each year from 2002 to 2015 to date; and if she will make a statement on the matter. [9935/15]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that details of the number of persons who applied for asylum for the years 2002 to 2013 are published in the annual reports of the Office of the Refugee Applications Commissioner which are available at http://www.orac.ie/website/orac/oracwebsite.nsf/page/orac-stats-en.
Provisional monthly statistics for 2014 and 2015 are also available on the site. In that regard, it should be noted that there were 1,448 applications for asylum in 2014 which represents an increase of 53% on the previous year. The rate of increase in the number of applications is accelerating to date this year with 416 applications recorded for the first two months of 2015 compared to a total of 181 for the same period in 2014.
Petrol Stretching
Ceisteanna (308)
Michelle Mulherin
Ceist:308. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of complaints of petrol stretching the gardaí in County Mayo divisions have received for each month since the beginning of June 2014; the position regarding these complaints; the number that have been investigated, resulting in a person being charged or a file being forwarded to the Director of Public Prosecutions; and if she will make a statement on the matter. [9937/15]
Amharc ar fhreagraFreagraí scríofa
I wish to advise the Deputy that it is not possible to provide the data sought in the time available for reply. However, I have requested the Garda authorities to provide the requested information and I will arrange for all available information to be forwarded to the Deputy upon receipt.
Petrol Stretching
Ceisteanna (309)
Michelle Mulherin
Ceist:309. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of prosecutions that have taken place or are pending in respect of damage caused to motor vehicles in County Mayo on account of petrol stretching since June 2014; and if she will make a statement on the matter. [9938/15]
Amharc ar fhreagraFreagraí scríofa
I wish to advise the Deputy that it is not possible to provide the data sought in the time available for reply. However, I have requested the Garda authorities to provide the requested information and I will arrange for all available information to be forwarded to the Deputy upon receipt.
Garda Reserve
Ceisteanna (310)
Niall Collins
Ceist:310. Deputy Niall Collins asked the Minister for Justice and Equality the date the Garda Commissioner expects to implement the granting of additional powers to members of the Garda Reserve; if she envisages this to be within the next month, two months or longer; and if she will make a statement on the matter. [9965/15]
Amharc ar fhreagraFreagraí scríofa
I fully support the important role of the Garda Reserve in the delivery of the policing service. I am informed by the Garda Commissioner that she is currently finalising arrangements to extend the powers and functions of Reserve members with a view to implementation at an early date.
Legislative Measures
Ceisteanna (311)
Niall Collins
Ceist:311. Deputy Niall Collins asked the Minister for Justice and Equality when the Assisted Decision-Making (Capacity) Bill 2013 will be taken at Committee Stage in Dáil Éireann; the reason for the delay in progressing this Bill; and if she will make a statement on the matter. [9992/15]
Amharc ar fhreagraFreagraí scríofa
My Department is currently preparing amendments for the Dáil Committee Stage of the Bill to respond to issues raised in submissions to my Department and to the Joint Oireachtas Committee on Justice, Defence and Equality. The aim is to strengthen the safeguards contained in this legislation so that persons with capacity difficulties can exercise decision-making autonomy to the greatest extent possible.
The Bill’s publication in July 2013 was followed in September by a consultation symposium organised by my Department, by the Dáil Second Stage debate in December 2013, and by a second consultation process undertaken by the Joint Oireachtas Committee on Justice, Defence and Equality, in Spring 2014. All of these processes identified areas of the Bill which required amendment to ensure that the Bill would comply more closely with the requirements of the UN Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights. Amending provisions are being drafted by my Department in tandem with the Office of Parliamentary Counsel. These will be introduced at Committee Stage which is currently awaited. In addition, provisions on Advance Healthcare Directives will be incorporated at Committee Stage. My aim is that the Bill will be enacted this year.
Control of Firearms
Ceisteanna (312, 342, 343, 344)
Gabrielle McFadden
Ceist:312. Deputy Gabrielle McFadden asked the Minister for Justice and Equality the system in place to test unproofed guns imported into the market here; the quality control process in place here when it comes to the import of guns into Ireland; and if she will make a statement on the matter. [9997/15]
Amharc ar fhreagraGabrielle McFadden
Ceist:342. Deputy Gabrielle McFadden asked the Minister for Justice and Equality if the Firearms (Proofing) Act 1968 makes provision for a proof house to test unproofed guns for non-military use imported into the Irish market, including guns for retail; if a proof house is required to ensure the proper testing of unproofed guns for non-military use, if one does not exist to ensure they are made to a standard and that they are safe to enter the public domain; the way guns imported into this country, are currently proofed; and if she will make a statement on the matter. [10469/15]
Amharc ar fhreagraGabrielle McFadden
Ceist:343. Deputy Gabrielle McFadden asked the Minister for Justice and Equality her views that there are sufficient quality controls in place to safeguard against sub-quality standards of guns for non-military use being imported into the market here, including guns for retail; and if she will make a statement on the matter. [10470/15]
Amharc ar fhreagraGabrielle McFadden
Ceist:344. Deputy Gabrielle McFadden asked the Minister for Justice and Equality her views on the Republic of Ireland becoming a member of the Commission Internationale Permanente pour l'épreuve des armes à feu portatives CIP, an international organisation created by way of an international agreement, established on 15 July 1914, modified 1969 (details supplied); and if she will make a statement on the matter. [10471/15]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 312 and 342 to 344, inclusive, together.
The Firearms (Proofing) Act 1968 was introduced by the then Department of Industry and Commerce (now the Department of Jobs, Enterprise and Innovation (DJEI), to set up a proof house specifically for shotguns manufactured by an indigenous firearms company that was being part-funded by State Aid. I understand the gun company subsequently went into liquidation and the proof house at the Institute for Industrial Research Standards (IIRS) - the predecessor to the National Standards Authority of Ireland (NSAI) - ceased to function at the same time.
Firearms proofing is a safety matter with regard to the production and use of a firearm and is normally carried out at the point of manufacture. To establish a proof house in Ireland is a matter ultimately for the Minister for Jobs, Enterprise and Innovation. Such a measure would only be viable if there was a domestic manufacturer of firearms.
Many firearms imported into Ireland come from the 14 countries which are members of the Commission Internationale Permanente pour l'épreuve des armes à feu portatives (CIP). This means the firearms produced in those countries have a CIP proof mark, which essentially relates to a common standard for mutual recognition of proof marks. Countries such as America and Canada are not members of CIP and their manufacturers test and proof mark their firearms according to their own standards. Firearms from these non CIP countries are imported into Ireland. Responsibility concerning product safety of firearms is a matter for manufacturers, the individual consumer and the firearms dealer who imports firearms. Many EU countries, including Ireland, do not have domestic firearms production, and are not members of the CIP. In the absence of sector specific EU legislation on the product safety of firearms, the product and consumer safety issues relating to firearms fall under the General Product Safety Directive (GPSD) 2001/95/EC of the European Commission. The responsibility for the implementation of this Directive (including related market surveillance and enforcement issues) rests with my colleague, the Minister for Jobs, Enterprise and Innovation.