Written Answers Nos. 213-230
213. Deputy Róisín Shortall asked the Minister for Justice and Equality the position regarding a Garda clearance application in respect of a person (details supplied) in Dublin 11, which was lodged in January 2015; the average processing time for applications; and if she will make a statement on the matter. [16445/15]
Amharc ar fhreagraI am informed by the Garda Authorities that a vetting application in respect of the person referred to has been received by the Garda Central Vetting Unit. However, on processing the application it was established that it was necessary to conduct further enquiries. Once completed the application will be returned to the registered organisation concerned.
In general, Garda Vetting applications are processed on a first come, first served basis in chronological order from date of receipt. This is with a view to observing equity and fairness in respect of all vetting subjects.
The current average processing time for vetting applications is four weeks. However, in some instances additional enquiries may be necessary and this may result in processing times in excess of the average.
214. Deputy Derek Nolan asked the Minister for Justice and Equality her plans to regulate to allow the book of evidence be available to victims for their perusal at criminal trials; and if she will make a statement on the matter. [16448/15]
Amharc ar fhreagraThe contents of what is commonly known as “the book of evidence” are set out in section 4B of the Criminal Procedure Act 1967. It lists a series of documents to be served on an accused person and furnished to the court. It is therefore a statutory set of documents. The book will contain the charges preferred against the accused, a list of proposed prosecution witnesses, together with a statement of their proposed evidence, a list of exhibits and usually a copy of any documentary exhibit.
If a proposed prosecution witness had access to the book of evidence, it could be prejudicial to the prosecution. It could in some cases lead to allegations from the defence that the witness was in a position to tailor his or her evidence to accord with what other prosecution witnesses were saying. It is often the case that victims are witnesses in their own cases. The witness is of course entitled to a copy of their own statement.
It is important to emphasise that the book sets out the proposed evidence only. The actual evidence given at the trial may differ based on how the witness responds to examination in chief and cross examination. In addition, some of the evidence may be ruled as inadmissible by the trial judge and may never be heard in open court. Were some inadmissible evidence to inadvertently come into the public domain, this could be prejudicial to fair procedure and due process. For all these reasons it is not the practice for the book of evidence to be disclosed to the victim and I have no plans to amend the relevant legislation in this regard.
Although a victim will not be given a copy of the book of evidence, the Office of the Director of Public Prosecutions does offer a pretrial consultation with the legal team at which the court procedures are explained. In addition, the Office of the Director of Public Prosecutions has prepared information for victims and witnesses (in user friendly leaflets and on its website) about the Criminal Justice System, the role of the Office and what is involved in being a witness.
215. Deputy Derek Nolan asked the Minister for Justice and Equality her plans to review the legislation dealing with incitement to hatred at any stage in this term of the Government; and if she will make a statement on the matter. [16459/15]
Amharc ar fhreagra216. Deputy Derek Nolan asked the Minister for Justice and Equality her plans to introduce hate speech legislation; and if she will make a statement on the matter. [16460/15]
Amharc ar fhreagraI propose to take Questions Nos. 215 and 216 together.
The Prohibition of Incitement to Hatred Act 1989 creates offences of incitement to hatred on account of race, religion, nationality, ethnic origin or sexual orientation.
Essentially, it is an offence to use words or behave in a manner which is threatening, abusive or insulting and are intended, or, having regard to all the circumstances, are likely to stir up hatred. "Hatred" is defined as "hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation". Any person convicted, on indictment, of an offence under the Act is liable to imprisonment for up to 2 years and/or a fine of up to €25,400. A summary offence attracts a penalty of imprisonment for up to 6 months and/or a class C fine (not exceeding €2,500).
A cross-Departmental review of Ireland’s Integration Strategy, including measures to address racism, is currently being led by the Office for the Promotion of Migrant Integration which is part of my Department. The Cross-Departmental Group has held a number of thematic meetings focusing on key policy areas relevant to the integration of migrants, including education, employment, access to public services and social inclusion, and the promotion of intercultural awareness and combatting racism. Work on the development of the updated Integration Strategy is ongoing and a draft Strategy will be sent to key stakeholders for their observations before the Summer with a view to the Strategy being published as soon as possible thereafter.
In addition, the Joint Oireachtas Committee on Justice, Defence and Equality is also doing work on integration, multi-culturalism and combating racism. The law to combat racism will be considered in the context of the outcome of the review of the Oireachtas Committee and following publication of the Integration Strategy.
217. Deputy Derek Nolan asked the Minister for Justice and Equality the time framewithin which the Criminal Law (Sexual Offences) Bill 2014 will be brought through the Houses of the Oireachtas; and if she will make a statement on the matter. [16462/15]
Amharc ar fhreagraOn 27 November, I published the General Scheme of the Criminal Law (Sexual Offences) Bill. This is a complex piece of legislation which addresses a number of sensitive issues such as those 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 Bill is priority legislation and is currently being drafted, with a view to publication in this parliamentary session.
218. Deputy Robert Troy asked the Minister for Justice and Equality if she will expedite a family re-unification application in respect of a person (details supplied) in County Westmeath, who applied in October 2014. [16543/15]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for the person referred to by the Deputy is currently being processed and that the Family Reunification Unit recently issued correspondence requesting more information. On receipt of all the information requested the application for family reunification will be finalised.
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.
219. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will provide an annual breakdown for the years 2010 to 2014 and 2015 to date, of the number of cases filed against the State seeking damages over slopping out; the number of cases settled in each year; and the number settled at a cost to the State. [16595/15]
Amharc ar fhreagraI am advised by the Irish Prison Service that the following is a breakdown of claims relating specifically to the practice of slopping out received by the State in each of the years 2010 to 2015 (up to and including 31st March 2015). These figures include claims that are at pre-litigation and litigation stage.
|
Year |
Claims received |
Claims resolved* |
|
2010 |
0 |
0 |
|
2011 |
458 |
1 |
|
2012 |
18 |
389 |
|
2013 |
3 |
2 |
|
2014 |
668 |
82 |
|
2015 |
161 |
0 |
|
1308 |
474 |
* These figures refer to claims that were closed for a variety of reasons.
I am further advised by the Irish Prison Service that one claim was settled in 2013 and a further two were settled in 2014. No compensation payments were made to prisoners or ex-prisoners in respect of any of these claims relating solely to the practice of slopping out.
220. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will provide a breakdown of the number of inspections of language schools and schools for international students carried out by the Garda National Immigration Bureau in each year from 2010 to 2014 and in 2015 to date; and the number of suspensions or closures that have resulted from these inspections. [16596/15]
Amharc ar fhreagraThe Deputy's request has been forwarded to the relevant Garda Office and I am informed that the information is currently being collated. In relation to school inspections, I am informed that such inspections may be carried out by Gardaí outside of the centralised Garda National Immigration Bureau. I expect the information requested to be available shortly at which time I will forward it to the Deputy.
221. Deputy Regina Doherty asked the Minister for Justice and Equality when the advanced health care directives legislation will be brought before Dáil Éireann; and if she will make a statement on the matter. [16597/15]
Amharc ar fhreagraAs the Deputy is aware, the Government approved on 12 March 2013 the drafting by the Department of Health of the General Scheme and Heads of provisions to legislate for advance healthcare directives and for these provisions to be incorporated into the Assisted Decision-Making (Capacity) Bill at Dáil Committee Stage. Given the intersection between the aims of the capacity legislation and the role of advance healthcare directives, the Assisted Decision-Making (Capacity) Bill 2013 is considered to be the most appropriate vehicle for providing a legislative framework for advance healthcare directives.
In February 2014 the Government approved the draft General Scheme providing for advance healthcare directives. A public consultation was subsequently initiated during which a total of 67 submissions were received. The General Scheme was revised following the public consultation. It has subsequently been converted into Committee Stage Amendments ready for incorporation into the Assisted Decision-Making (Capacity) Bill at Dáil Committee Stage which is scheduled for the end of May 2015.
222. Deputy Mattie McGrath asked the Minister for Justice and Equality her views that the status of An Garda Síochána as an impartial, neutral and non-political organisation is being threatened by the perception of uniformed members of An Garda Síochána recently supporting a political position, specifically, taking part in events organised by the Yes campaign for the forthcoming same-sex marriage referendum; her further views regarding the Garda press office statement that such actions are inappropriate and wrong; the measures that can be taken by her to ensure that such inappropriate actions do not recur; and if she will make a statement on the matter. [16630/15]
Amharc ar fhreagraI have been informed by the Garda Commissioner that on 19 April, 2015, a Garda from Pearse Street Garda station participated in a photo-call with a retired Supreme Court Judge at the front of Pearse Street Garda Station to highlight the fact that people should register to vote for the upcoming referenda. While the event was held in good faith to promote the fact that people can register at Garda stations to vote in the upcoming referenda, it was not appropriate for this kind of photo call to take place given the status of An Garda Síochána as an apolitical and impartial organisation.
I have been informed that the Garda authorities are continuing to examine the circumstances behind the photo call that Sunday.
The Garda Commissioner has made clear publicly that Garda participation in the event outside Pearse Street Station - or any event like it - is inappropriate. As the person with statutory responsibility for the control and direction of the Force it is a matter for the Commissioner to examine the circumstances which arose and any action that might be necessary.
To avoid any recurrence of this behaviour, the Garda Commissioner has informed me that she has now issued an instruction reminding all members of An Garda Síochána of the necessity for members not to be associated with any political movement or viewpoint.
223. Deputy Finian McGrath asked the Minister for Justice and Equality if she will address a matter (details supplied) regarding drug dealing; and if she will make a statement on the matter. [16684/15]
Amharc ar fhreagraI have requested a report from the Garda authorities on the matter raised by the Deputy and I will be in contact again when the report is to hand.
224. Deputy Thomas Pringle asked the Minister for Justice and Equality if she is aware of an incursion by at least one armed member of the Police Service of Northern Ireland into County Donegal during March 2013; if she has raised that matter with the relevant authorities in Northern Ireland; the Government's view of such incursions; and if she will make a statement on the matter. [16687/15]
Amharc ar fhreagraI am aware of the incident to which the Deputy refers. I am informed that the incident in question refers to an occasion on which a PSNI vehicle inadvertently entered the State and then left the State again shortly afterwards. In such circumstances the relevant authorities here are notified and obviously while such incidents are not desirable, it was not considered that any further action was required given the inadvertent nature of the incident.
225. Deputy David Stanton asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 322 of 27 January 2015, when he expects the review of the school completion programme to be completed; and if he will make a statement on the matter. [16275/15]
Amharc ar fhreagraThe School Completion Programme aims to retain young people in the formal education system to completion of senior cycle and to generally improve the school attendance, participation and retention of young people who are risk of educational disadvantage. The programme is a targeted intervention aimed at school communities identified through the Department of Education and Skills' DEIS Action Plan for Educational Inclusion. It provides targeted supports annually to approximately 36,000 children.
Since 1 January 2014, the Child and Family Agency has operational responsibility for the School Completion Programme. The review of the School Completion Programme, being undertaken by the ESRI, is almost finalised. The objectives of the review are to examine the programme's structures, clarify roles and responsibilities, to analyse the interventions and supports provided and identify best practice and make recommendations for the future of the programme. The review of the School Completion Programme is an important initiative in planning for the future development of the programme.
It is anticipated that the review will be completed during the current academic year.
226. Deputy Michael McNamara asked the Minister for Children and Youth Affairs the reason Tusla, the Child and Family Agency, is not in a position to administer the national lottery grant scheme; and if he will make a statement on the matter. [16311/15]
Amharc ar fhreagraThe Deputy might wish to note that Tusla's funding allocation for 2015 is directed solely at the provision of services. In this regard Tusla does not have discretionary income which could be used for the administration of a National Lottery Grant Scheme.
227. Deputy Brendan Griffin asked the Minister for Children and Youth Affairs if a child care facility (details supplied) in County Kerry will be given the higher capitation for two early child care and education preschool rooms with the required staffing Level 7 qualifications; and if he will make a statement on the matter. [16325/15]
Amharc ar fhreagraIn order for a service to qualify for the higher capitation rate, all the pre-school leaders in the service in each room must hold a nationally accredited Major Award in Early Childhood Care and Education at Level 7 on the National Framework of Qualifications (NFQ) or equivalent and all the pre-school assistants in the service must hold a nationally accredited Major award at Level 5 in Early Childhood Care and Education.
The minimum numbers of required pre-school leaders and assistants for ECCE Higher Capitation purposes, in relation to children within the two and a half years to six years age range, in the pre-school setting, are:
- 1 to 11 children per session: at least 1 pre-school leader at all times
- 12 to 22 children per session: at least 1 pre-school leader and 1 pre-school assistant at all times
- 23 to 33 children per session: at least 2 pre-school leaders and 1 pre-school assistant at all times
- 34 to 44 children per session: at least 2 pre-school leaders and 2 pre-school assistants at all times and so on
The higher qualified staff attracting the higher capitation rate must be working directly with the children at all times in the ECCE sessions, and in all rooms where the ECCE programme is being delivered.
Childcare services can only apply for the Higher Capitation Rate during the relevant pre-school year, when all the staff are working in the service, and where the number of children using the service is known. Therefore services can only apply in September 2015 in relation to the September 2015 – June 2016 pre-school year.
228. Deputy Robert Troy asked the Minister for Children and Youth Affairs if he will provide figures, in tabular form, for the number of social workers that are actively in employment, and the ratio of these to the number of child protection and welfare referrals in the years 2006 to 2014. [16339/15]
Amharc ar fhreagraMy officials have requested the information from the Child and Family Agency and I will forward the reply to the Deputy once I have been furnished with it.
229. Deputy Jonathan O'Brien asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 537 of 24 March 2015, when the information requested will be provided by the Child and Family Agency. [16363/15]
Amharc ar fhreagraThe detailed information in relation to school attendance matters requested by the Deputy has been compiled by the Child and Family Agency and will be forwarded to the Deputy in the next week.
230. Deputy Jonathan O'Brien asked the Minister for Children and Youth Affairs the amount allocated to the learner fund to assist existing staff in the child care sector meet new qualification requirements; the date on which this will be introduced; the number of staff who are expected to avail of it; and if he will make a statement on the matter. [16388/15]
Amharc ar fhreagra€3m has been provided over 2 years, 2014 and 2015, to finance a training support scheme - the Learner Fund - to assist staff already working in the childcare sector to meet the new childcare qualification requirements which are being introduced under the revised Preschool Regulations. The Learner Fund is being implemented in conjunction with Pobal and the local City/County Childcare Committees, and allows individual staff to choose their preferred training provider from a list of accredited providers which were approved following an expression of interest process. There were two calls for applications during 2014 and the Fund was promoted through the City and County Childcare Committees and the Voluntary Childcare Organisations, as well as by Pobal. A total of 2,454 learners are now being supported to achieve a new qualification level. All eligible applicants were approved for funding.
