Clare Daly
Ceist:375. Deputy Clare Daly asked the Minister for Justice and Equality the current crime statistics, by category, for the Malahide sub-district area, compared to five and ten years ago. [14616/15]
Amharc ar fhreagraCrime Data
Ceisteanna (375)
Freagraí scríofa
The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose.
I have requested the CSO to provide the available statistics directly to the Deputy. In this regard it should be noted that the CSO is currently carrying out a detailed analysis of certain issues raised by the Garda Inspectorate in relation to the recording, classification and reclassification of crime, to see whether and to what extent they may have implications for the crime statistics which that Office produces. The CSO have advised that this has led to a delay in the publication of crime statistics and the latest published crime statistics relate to the second quarter of 2014.
Guardian Status
Ceisteanna (376)
Jack Wall
Ceist:376. Deputy Jack Wall asked the Minister for Justice and Equality if she will provide clarification regarding correspondence in relation to the Children and Family Relationships Act 2015; and if she will make a statement on the matter. [14622/15]
Amharc ar fhreagraFreagraí scríofa
The Children and Family Relationships Act 2015 is a child-centred Act aimed at children living in diverse family types. This legislation enables a non-marital father for the first time automatically to become a guardian of his child if he has lived with the child's mother for 12 months, including at least 3 months with mother and child following the child's birth. Recognising the need to make it easier for a non-marital father to acquire guardianship, I have also provided a new facility whereby non-marital parents can sign a statutory declaration, by means of which the father can acquire guardianship with the mother's consent, at the Register Office when registering their child's birth or shortly thereafter.
The provision in section 6C of the Guardianship of Infants Act 1964, as inserted by section 49 of the Children and Family Relationships Act 2015, which provides for the court to appoint a person other than a parent as a child's guardian, stipulates that the responsibilities of such guardians will generally be limited to decisions on day-to-day matters. A person other than a parent will be given full guardianship responsibilities by the court only where the court considers that this is in the child's best interests.
Prisoner Data
Ceisteanna (377)
Bernard Durkan
Ceist:377. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 140 of 2 April 2015, if she will clarify the severity of crime, by category, of which the 293 prisoners deemed to have absconded from prison in the period 2010 to 2015 were accused of and-or convicted of; the number of such prisoners or other prisoners who absconded while on bail during the period in question; and if she will make a statement on the matter. [14627/15]
Amharc ar fhreagraFreagraí scríofa
I wish to advise the Deputy, that of the 15 prisoners who were still at large when I replied to Parliamentary Question No. 140 of 2 April 2015, one of these is now back in custody since 3 April 2015. It should be emphasised that all but 14 of the 293 prisoners who absconded from prison in the period 1 January 2010 to 31 March 2015 are now back in custody or have been released having served the remainder of their sentence.
The following table sets out the offences for which the 14 prisoners who remain at large were convicted.
Prisoners still at large having absconded during the period 1 January 2010 to 31 March 2015
|
Year |
Controlled Drug Offences |
Damage to Property and the Environment |
Attempts/Threat to Murder |
Dangerous Negligent Acts |
Theft and Related Offences |
|
2010 |
2 |
1 |
4 |
||
|
2011 |
1 |
||||
|
2012 |
1 |
1 |
|||
|
2014 |
1 |
1 |
|||
|
2015 |
1 |
1 |
|||
|
Total |
4 |
1 |
2 |
1 |
6 |
It is not possible to provide a breakdown of the information requested by the Deputy in respect of the offences for which the persons in question were convicted who are now back in custody or have been released from prison. The reason is that to provide the details requested would require the retrospective manual examination of the records of each individual prisoner. Such an examination would require a disproportionate and inordinate amount of staff time and effort and can not be justified in current circumstances where there are other significant demands on resources.
In so far as the question of prisoners absconding on bail is concerned, the position is that statistics in relation to breach of bail are not maintained in a manner which would enable such figures to be readily extracted.
Alcohol Sales Legislation
Ceisteanna (378)
Niall Collins
Ceist:378. Deputy Niall Collins asked the Minister for Justice and Equality her plans to legislate in respect of the alcohol home delivery service which creates concern and also enables under-age drinkers to access alcohol simply; and if she will make a statement on the matter. [14675/15]
Amharc ar fhreagraFreagraí scríofa
The position is that conditions applicable to the sale and supply of intoxicating liquor are set out in the Licensing Acts 1833 to 2011. Under section 17(3) of the Intoxicating Liquor Act 2003, it is an offence for a licensee, with intent to evade the conditions of the licence, to take intoxicating liquor from the licensed premises for the purpose of its being sold on the account or for the benefit or profit of the licensee, or to permit any other person to do so.
The Government Alcohol Advisory Group considered specific issues relating to 'distance sales' of intoxicating liquor in its 2008 Report. The Group drew attention to the requirement that payment must be made in such cases as part of the transaction, e.g. on-line shopping, and not later on delivery of the product. The Group noted that sales of intoxicating liquor which had been ordered by telephone or otherwise and which were paid for on delivery were illegal transactions and recommended that the Gardaí should target such delivery services with a view to prosecuting the offending licensees. Any information concerning transactions of this nature which are contrary to the provisions of the Licensing Acts should, therefore, be brought to the attention of the Gardaí for investigation and possible prosecution.
Moreover, under section 31 of the Intoxicating Liquor Act 1988 (as amended), it is an offence for a licensee to sell or deliver, or to permit any other person to sell or deliver, alcohol to any person for consumption off his or her premises by a person under the age of 18 years in any place except with the explicit consent of the person's parent or guardian in a private residence in which he or she is present either as of right or with permission.
The Government Legislation Programme provides for future publication of the Sale of Alcohol Bill. The Bill, which will update the Licensing Acts and replace them with provisions more suited to modern conditions, will provide an opportunity to further consider the difficulties arising in relation to the control of distance sales of intoxicating liquor and the enforcement of such controls.
Crime Prevention
Ceisteanna (379, 380, 381, 382)
Niall Collins
Ceist:379. Deputy Niall Collins asked the Minister for Justice and Equality the actions she will take to address knife crime in Dublin, and in particular on public transport in Dublin; if she has considered introducing transport police here; and if she will make a statement on the matter. [14674/15]
Amharc ar fhreagraNiall Collins
Ceist:380. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide the knife crime statistics, in tabular form, for the past five years; and if she will make a statement on the matter. [14676/15]
Amharc ar fhreagraNiall Collins
Ceist:381. Deputy Niall Collins asked the Minister for Justice and Equality when she last met with representatives of Luas, Dublin Bus, Irish Rail and Bus Éireann to discuss the best way to deal with anti-social behaviour on these public transport systems; and if she will make a statement on the matter. [14677/15]
Amharc ar fhreagraNiall Collins
Ceist:382. Deputy Niall Collins asked the Minister for Justice and Equality the detection and conviction rate for knife crime; and if she will make a statement on the matter. [14678/15]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 379 to 382, inclusive, together.
I can assure the Deputy that, while I have no direct role in Garda strategies to tackle crime and anti-social behaviour on public transport services in Dublin, I am in regular contact with the Garda Commissioner about all aspects of policing and community safety. The specific deployment of policing resources is a matter for the Garda authorities, as is the question on ongoing engagement and meetings with transport operators.
I am of course aware of the recent very serious incident at a Luas stop in Dublin. As the matter is the subject of a Garda investigation the Deputy will appreciate that it would not be appropriate for me to say anything further about it at this time.
In so far as the general approach to tackling these issues are concerned, I am advised that Garda management engages extensively with transport operators in the Dublin area and a range of regional and local operations have been put in place as required to address issues that have arisen at specific locations. Instances of crime and anti-social behaviour are monitored by local Garda management with the assistance of Garda Síochána Analysis Service, which results in periodic operations aimed at anti-social behaviour on and around public transport routes. I am further advised that there is effective communication with the respective control centres and that access to good quality CCTV has also been of great assistance in the investigation of complaints.
I can also inform the Deputy that a comprehensive and robust legal framework is in place with respect to knife crime including heavy penalties for breaches of the laws concerned. There is a maximum penalty of five years imprisonment for possessing a knife in a public place without good reason or lawful authority, and An Garda Síochána also have specific powers of search without warrant in relation to knives and offensive weapons.
With regard to the crime statistics requested by the Deputy, the Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose.
I have requested the CSO to provide the available statistics directly to the Deputy. In this regard it should be noted that the CSO is currently carrying out a detailed analysis of certain issues raised by the Garda Inspectorate in relation to the recording, classification and reclassification of crime, to see whether and to what extent they may have implications for the crime statistics which that Office produces. The CSO have advised that this has led to a delay in the publication of crime statistics and the latest published crime statistics relate to the second quarter of 2014.
Legislative Programme
Ceisteanna (383)
Arthur Spring
Ceist:383. Deputy Arthur Spring asked the Minister for Justice and Equality her plans to introduce legislation to resolve the issue of children of adults with dementia being denied access to see their parent by the adult's carer, who happens to be in their own home and the sibling of those denied access to their parent, due to a breakdown of the sibling relationship; and if she will make a statement on the matter. [14718/15]
Amharc ar fhreagraFreagraí scríofa
Under the Powers of Attorney Act 1996 an adult who has capacity may appoint an attorney under an enduring power of attorney to make decisions on his or her behalf in circumstances where the person loses capacity. The adult may give the attorney the authority to make personal welfare decisions which include decisions as to who the person may or may not see. If a carer has not been appointed as an attorney under an enduring power with such authority, the carer cannot deny access to the person with dementia. Section 12(4) of the Powers of Attorney Act 1996 gives the court, on application to it by an interested party, the power to cancel the registration of an enduring power of attorney for any good and sufficient reason.
The legislation on enduring powers of attorney is being reformed in the context of the Assisted Decision-Making (Capacity) Bill 2013. The Bill will require attorneys to abide by the guiding principles of the Bill which ensure that the will and preferences of the person with capacity difficulties are given due consideration. The Bill will also require attorneys to be subject to supervision by the Office of the Public Guardian which will have the role of registering enduring powers of attorney. The Bill which is currently awaiting Committee Stage in the Dáil and my aim is to have this Bill enacted this year.
Legal Aid
Ceisteanna (384, 385, 386, 387, 388, 389, 390)
Michael McGrath
Ceist:384. Deputy Michael McGrath asked the Minister for Justice and Equality the number of cases in which the Legal Aid Board is currently providing legal representation before the courts, in the form of civil legal aid to persons against whom proceedings have been issued for the repossession of their principal dwelling house; and if she will make a statement on the matter. [14719/15]
Amharc ar fhreagraMichael McGrath
Ceist:385. Deputy Michael McGrath asked the Minister for Justice and Equality the extent to which legal representation before the courts in the form of civil legal aid is available from the Legal Aid Board, to those against whom proceedings have been issued for the repossession of their principal dwelling house; and if she will make a statement on the matter. [14720/15]
Amharc ar fhreagraMichael McGrath
Ceist:386. Deputy Michael McGrath asked the Minister for Justice and Equality the extent to which additional resources have been allocated to the Legal Aid Board, specifically for the provision of civil legal advice and civil legal aid to those against whom proceedings have been issued for the repossession of their principal dwelling house, to reflect the fact that the number of mortgages in respect of which such proceedings have issued has risen from 1,327 in 2012 to 11,424 in 2014; and if she will make a statement on the matter. [14721/15]
Amharc ar fhreagraMichael McGrath
Ceist:387. Deputy Michael McGrath asked the Minister for Justice and Equality if the Legal Aid Board automatically designates cases where the applicant is a person against whom proceedings have been issued for the repossession of their principal dwelling house as a priority applicant; and if she will make a statement on the matter. [14722/15]
Amharc ar fhreagraMichael McGrath
Ceist:388. Deputy Michael McGrath asked the Minister for Justice and Equality the options for legal representation available to those against whom proceedings have been issued for the repossession of their principal dwelling house, but who are not in a financial position to afford such legal representation; and if she will make a statement on the matter. [14723/15]
Amharc ar fhreagraMichael McGrath
Ceist:389. Deputy Michael McGrath asked the Minister for Justice and Equality if the State is under an obligation to provide legal representation to those against whom proceedings have been issued for the repossession of their principal dwelling house; and if she will make a statement on the matter. [14724/15]
Amharc ar fhreagraMichael McGrath
Ceist:390. Deputy Michael McGrath asked the Minister for Justice and Equality the steps she has taken to extend the parameters of the merits test applied by the Legal Aid Board in assessing whether to provide legal representation to those against whom proceedings have been issued for the repossession of their principal dwelling house, in order not to exclude those who it has assessed will not be able to successfully defend the proceedings, but who wish to seek a settlement of the proceedings or a stay on any order that may be granted; her plans to take any steps to do so; and if she will make a statement on the matter. [14725/15]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 384 to 390, inclusive, together.
The Legal Aid Board provides legal aid for representation before the courts for certain civil matters which would include repossession proceedings. Each application is subject to a financial eligibility test where an applicant must have a disposable income, after certain allowances, of less than €18,000 and disposable capital of less that €100,000. The applicant is required to pay a contribution based on their financial circumstances. In addition each application is subject to a merits test under the terms of Section 28 (2) of the Civil Legal Aid Act 1995. Applications for repossession must satisfy this merits test and each case is considered by the Board based on its own particular circumstances. There is also an appeals process. Section 28(2) is comprehensive in its scope and the provisions are in my view reasonable and proportionate.
The Legal Aid Board provides services from the resources available to it from funding from the Department of Justice and Equality, client contributions and costs recovered. The Board operates a waiting list for applicants for legal aid and priority is given to certain categories of cases and in certain circumstances. Repossession cases do not fall within the category of cases where priority is automatically granted however I am informed that Managing Solicitors may grant priority to a case outside of these categories where it is deemed necessary.
Any person who satisfies the means test can seek advice in relation to a repossession problem. Applicants are given legal advice at their consultation with a solicitor; this includes all matters relevant to the particular circumstances of the case. To date in 2015, there are 37 active repossession applications with the Board that have had a first consultation with a solicitor. There were 17 applications for legal aid certificates for repossession in 2014. Of those, 6 were granted legal representation and 11 were refused as they did not satisfy the merits test.