Written Answers Nos. 383 -402
383. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if she is aware that an Irish citizen (details supplied) is currently incarcerated in Madrid in Spain, that the person has applied to be transferred to a prison in Ireland and that the procedure has already been initiated; the length of time this will take; and if she will make a statement on the matter. [12966/15]
Amharc ar fhreagraI wish to inform the Deputy that I have been advised that an application for repatriation from the individual in question, who is currently detained in Madrid, has been received by officials of the Irish Prison Service and is being dealt with accordingly. It is not possible the Irish Prison Service to comment on how long any such application will take to complete.
The individual will be kept informed directly of any developments in his case as they arise.
The Deputy should be aware however that the Council of Europe Convention on the Transfer of Sentenced Persons does not confer an automatic right for any prisoner to be transferred nor does it confer an obligation on any state to comply with a transfer request.
384. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will provide, in tabular form, the number of prosecutions of disqualified drivers with no licences in the years 2012 to 2014 and to date in 2015. [12971/15]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
385. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will provide, in tabular form, the number of prosecutions of drivers for driving with no licence in the years 2012 to 2014 and to date in 2015. [12972/15]
Amharc ar fhreagra386. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will provide, in tabular form, the number of prosecutions of drivers for driving with expired licences in the years 2012 to 2014 and to date in 2015. [12973/15]
Amharc ar fhreagraI propose to take Questions Nos. 385 and 386 together.
I have requested a report from the Garda authorities in relation to the matters referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
387. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will provide, in tabular form, the number of drivers prosecuted for driving with no insurance in the years 2012 to 2014 and to date in 2015; and if she will make a statement on the matter. [12974/15]
Amharc ar fhreagraThe Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy.
388. Deputy Thomas P. Broughan asked the Minister for Justice and Equality her views on the current collaborative measures between An Garda Síochána, the Courts Service of Ireland and the Road Safety Authority in enforcing road safety laws; if any performance analysis or appraisal has taken place; the improvement measures being put in place; and if she will make a statement on the matter. [12975/15]
Amharc ar fhreagraAn Garda Síochána and the Courts Service work in conjunction with the Road Safety Authority and other relevant partner agencies and institutions in the development and implementation of the actions and initiatives as set out in the Road Safety Strategy 2013-2020. There is ongoing monitoring of actions and measurement of outcomes as part of this Strategy.
I can, however, inform the Deputy that An Garda Síochána's Strategy Statement for 2013 - 2015 incorporates road safety as one of its key objectives through the use of targeted hi-visibility enforcement measures based on intelligence and analysis, as well as education and prevention programmes. Performance against these objectives, as with other areas of policing activity, is managed and assessed on an ongoing basis by the Garda authorities and publicly reported on in the Garda Síochána Annual Report including with regard to specific Garda enforcement and prevention operations.
389. Deputy Michael McCarthy asked the Minister for Justice and Equality the initial and ongoing self-defence and combat training provided to gardaí in Templemore, County Tipperary; and if she will make a statement on the matter. [13035/15]
Amharc ar fhreagraI have been informed by the Garda Commissioner that the Garda College provides training for students undergoing the Officer and Public Safety Training module as part of the B.A. (Applied Policing) Degree programme. The module includes units on Crime Scene Management, Positive Presence - Compliant Subject, Passive Resistance, Active Resistance, Assaultive Behaviour and First Responder. The training contains a range of systems including Self Defence techniques, Handcuff Training, Incapacitate Spray Training and Retractable Baton Training.The Garda College also provides training to instructors from each Garda Division who deliver Handcuff Training, Incapacitate Spray Training and Retractable Baton Training to Gardaí as part of their ongoing Continuous Professional Development training.
390. Deputy Billy Kelleher asked the Minister for Justice and Equality when she will publish the sexual offences Bill 2015 providing for criminalisation of the purchase of sex; and her plans to have it enacted. [13048/15]
Amharc ar fhreagra392. Deputy Finian McGrath asked the Minister for Justice and Equality if she will provide an update on the general scheme of the criminal justice Bill (details supplied); and if she will make a statement on the matter. [13085/15]
Amharc ar fhreagraI propose to take Questions Nos. 390 and 392 together.
On 27 November, I published the General Scheme of the Criminal Law (Sexual Offences) Bill. The General Scheme includes wide ranging provisions to enhance the protection of children and vulnerable persons from sexual abuse and exploitation. When enacted, the Bill will facilitate full compliance with the criminal law provisions of a number of EU, UN and Council of Europe legal instruments. The Bill will also implement the recommendations of a number of Oireachtas committees, reform the law on incest and update the Sex Offenders Act 2001. In addition, the Bill will provide for new offences of purchasing, in the context of prostitution, sexual services.
The first is a general offence of purchasing sexual services which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of purchasing a sexual service from a trafficked person and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not be subject to an offence.
These proposals have been developed following extensive consultation, initiated by my Department, dating back to 2012. The new offences also implement the recommendation from the Joint Oireachtas Committee on Justice, Equality and Defence which called for the introduction of an offence criminalising the purchase of sexual services.
The Bill is priority legislation and is currently being drafted, with a view to publication in this parliamentary session.
391. Deputy Noel Grealish asked the Minister for Justice and Equality the amount of revenue generated from speeding fines in County Galway in each of the years 2012 to 2014; and if she will make a statement on the matter. [13079/15]
Amharc ar fhreagraIn so far as the amount of revenue generated on foot of fixed charge notices in respect of speeding offences in County Galway is concerned, I am informed by the Garda authorities that the information is not recorded in such a manner that is readily accessible, and would require a disproportionate use of resources to provide. Insofar as the amount of revenue arising from the imposition of court imposed fines is concerned, the Deputy will appreciate that under the provisions of Section 4(3) of the Courts Service Act, 1998 the Courts are independent in the performance of its functions, which includes the provision of statistics. However, to be of assistance, I have had enquires made and am informed by the Courts Service that the total value of fines imposed in respect speeding offences in County Galway in 2012 was €20,905. I am also informed that €29,040 was imposed in 2013 and €31,190 in 2014. It should be noted amounts refer to the total amount recovered irrespective of the date on which the speeding offence occurred and the date of issue of the relevant fixed charge notice.
393. Deputy Pearse Doherty asked the Minister for Justice and Equality the reason the value of illegal drugs destroyed has dropped each year since 2010, from €14,930,279.80 in 2010 to €404,153 in 2014; and if she will make a statement on the matter. [13095/15]
Amharc ar fhreagraI am informed by the Garda authorities that the volume and value of controlled drugs destroyed by An Garda Síochána varies year on year depending on a number of factors.
In circumstances where criminal proceedings have been initiated the legal destruction of controlled drugs can only take place when such proceedings have reached finality and an appropriate order has been made by the courts. It is also the case that significant seizures of drugs can, on their own, make up a significant volume or value of drugs destroyed in any given year and this can cause a variance to arise from one year to the next.
I am further informed by the Garda authorities that An Garda Síochána has also carried out a review in relation to the handling, storage and destruction of controlled drugs. This has meant that quantities of drugs authorised for destruction have been held back while new systems are put in place. Any noted decline in the quantity of drugs destroyed in recent years should therefore be redressed in the future.
Finally, I am assured by the Garda authorities that every item of controlled drugs seized by An Garda Síochána is appropriately recorded, securely stored and destroyed under stringent authorisation guidelines.
394. Deputy Gabrielle McFadden asked the Minister for Justice and Equality the average length of time it takes her Department to process import and export licences for non-military guns; the criteria required for an applicant to secure a continuous export licence; and if she will make a statement on the matter. [13143/15]
Amharc ar fhreagraMy Department takes, on average, 10 working days to issue an import / export licence for firearms. Firearms Dealers registered with my Department routinely apply for transfer documents / export licences to remove specific firearms from Ireland to another jurisdiction within the EU. The Department of Jobs, Enterprise and Innovation process applications to export firearms to Non EU countries.
The main legal provisions governing the export and removal of firearms from the State are Section 16 of the Firearms Act, 1925 and Regulation 6 of the EC ( Acquisition and Possession of Weapons and Ammunition) Regulations 1993, as amended. In effect, this means that a firearms dealer exporting firearms must obtain a removal order from the relevant Garda Superintendent for the specific firearms being removed and then an application can be made to my Department for a transfer document/ export licence. This requirement of a removal order applies to both specific export licences and a Continuous Export Licence (CEL). An application for a CEL is judged on its merits. A CEL is issued in exceptional circumstances to a very limited number of dealers who have high volumes of trade within the EU for a period not exceeding three years.
395. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will meet the Stardust Relatives and Victims Committee, in view of the fact that 14 February 2015 was the 34th anniversary of the tragic Stardust fire disaster, and in view of the serious unresolved matter they wish to discuss with her. [7690/15]
Amharc ar fhreagraI wish to inform the Deputy that I met with the Stardust Relatives' and Victims Committee in July of last year and this meeting provided an opportunity for me to hear their concerns at first hand. At that meeting the representatives of the Committee set out, in some detail, their concerns in relation to the Inquiries into this matter that have been undertaken previously and some related financial issues that have arisen.
Following that meeting, I appointed an official in my Department to liaise with the Committee and they have engaged with representatives of the Committee in relation to these matters. A researcher associated with the Committee has submitted material relating to these events to my Department in the past two weeks; this material is being examined and the Committee has been informed that they will be contacted when this examination is completed.
I wish also to inform the Deputy that allegations raised by the Stardust Relatives' and Victims Committee and their representatives in relation to certain matters are the subject of an ongoing investigation by An Garda Síochána. I am informed, by the Garda Commissioner, that this is a complex investigation and, you will understand, I cannot do anything that might cut across this investigation.
396. Deputy Micheál Martin asked the Minister for Justice and Equality the position regarding the commitment in the programme for Government to help homeowners in distress; and if she will make a statement on the matter. [9971/15]
Amharc ar fhreagraThe Statement of Government Priorities 2014-2016 provided for a review of the personal insolvency legislation, to ensure that it can work effectively to support those who are struggling with unsustainable debt, including mortgage arrears.
The Government is working on a range of proposals to address these issues, and I am currently engaging with my colleague the Minister for Finance to review the outcomes of the recent review and to identify possible changes to the personal insolvency legislation.
The Taoiseach has already stated that announcements on these matters will be made in the coming weeks.
397. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will enact a statutory instrument under Part 15 of the Criminal Justice Act 2006 to insert elders and vulnerable adults under the provision dealing with reckless endangerment of children; her plans to address abuse and reckless endangerment of elders and vulnerable adults. [13170/15]
Amharc ar fhreagraUnder section 176 of the Criminal Justice Act 2006 it is an offence for a person who has authority or control over a child, or over a person who has abused a child, to intentionally or recklessly endanger the child by causing or permitting the child to be placed or left in a situation which creates a substantial risk to the child of being a victim of serious harm or sexual abuse. It is also an offence to fail to protect a child from such risk while knowing that the child is in such a situation. This offence was introduced on foot of a suggestion contained in the 2005 Ferns Report into allegations of clerical child sexual abuse.
Any amendment to this section requires primary legislation and it cannot be added to or amended by statutory instrument.
However, I would like to remind the Deputy that, in addition to the general criminal law, there are arrangements in place to promote the protection of children and other vulnerable persons from abuse by those charged with their welfare such as the garda vetting of employees which is used by employers to determine the suitability of prospective employees. The HSE also operates a dedicated Elder Abuse Service for reporting any incidences of abuse or suspected abuse.
398. Deputy Pearse Doherty asked the Minister for Justice and Equality the legislation she envisages being repealed with the enactment of the gambling control Bill; and if she will make a statement on the matter. [13188/15]
Amharc ar fhreagraIt is envisaged that the Gambling Control Bill, which is currently with the Office of Parliamentary Counsel for drafting, will, upon enactment, repeal all extant betting and gaming legislation including the Totalisator Act 1929, the Betting Act 1931 and the Gaming and Lotteries Act 1956. The Deputy will be aware that legislation governing the National Lottery will not be affected by the enactment of the Gambling Control Bill.
399. Deputy Catherine Murphy asked the Minister for Justice and Equality the regulations governing public access to the public sittings of District and Circuit Courts; the circumstances in which public attendance at these courts can be curtailed; if it is a decision for the relevant judge concerned as to when curtailments on public attendance can be put into effect; and if she will make a statement on the matter. [13210/15]
Amharc ar fhreagraAs the Deputy is aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include access to court sittings by members of the public.
The administration of justice in the courts is required by the Constitution to be conducted in public, save in such special and limited cases as may be prescribed by law.
Preservation of judicial control of court business is provided for in Section 65(1) of the Courts and Court Officers Act 1926.
400. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 341 of 24 February 2015, if the applicants have responded, or had a response made on their behalf; if such representations have been noted and recorded on file; and if she will make a statement on the matter. [13211/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned have not submitted written representations.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.
401. Deputy Clare Daly asked the Minister for Justice and Equality if she will publish the findings of the internal Garda investigation into the murders of persons (details supplied), as promised by a predecessor. [13243/15]
Amharc ar fhreagraThe Deputy will be aware that a person was convicted in 1996 for murder in relation to the tragic case referred to. Insofar as any Garda review of the case is concerned, the Deputy will appreciate that it would not be normal practice to publish such internal Garda reports. I have, however, asked my officials to examine the Department's records in relation to this matter and I will be in touch with the Deputy again when I have been briefed further.
402. Deputy Brendan Smith asked the Minister for Justice and Equality the position regarding the review of firearms legislation; and if she will make a statement on the matter. [13246/15]
Amharc ar fhreagraIn light of public safety concerns highlighted by An Garda Síochána, a joint Department of Justice and Equality / An Garda Síochána Working Group was established by the Department of Justice and Equality to review firearms licensing. The report of this Working Group was published on 13 November 2014 and submissions on the report were sought from stakeholders and the public by 31 January 2015. The consultation process gave individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation. The submissions received are currently being examined and incorporated into a report for me.
The Oireachtas Committee on Justice, Defence and Equality has also sought submissions and held hearings with interested parties in relation to the Working Party report and will publish its own report on the matter. I have already given a commitment that I will not make any decisions until I have met the key stakeholders, including the organisations who represent those who use firearms for sporting purposes. I intend to meet the key stakeholders in the near future.
