Tuesday, 19 May 2015

Written Answers Nos. 238-257

Crime Data

Ceisteanna (238)

Niall Collins

Ceist:

238. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide an update on the status of the Garda review on crime statistic classifications, arising from the Garda inspectorate report and Central Statistics Office concerns; the timeframe for its publication; the expected actions arising; and if she will make a statement on the matter. [19478/15]

Freagraí scríofa

Minister for Justice and Equality

I understand that the review in question, which is being undertaken by the Central Statistics Office as the independent national statistics agency, involves a detailed analysis of certain issues raised by the 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 the CSO produces. This process has necessitated a temporary interruption in the publication of quarterly crime statistics. However, I understand that the CSO has indicated that it intends to resume publication of crime statistics by the end of June 2015. I am further advised that the CSO will at that time also publish an analysis of the quality of the data used in those statistics based on the above examination.

In parallel with this exercise, and also arising from the recommendations of the Garda Inspectorate, An Garda Síochána is reviewing all aspects of the manner in which crime is being recorded and classified. In this regard, I am informed that a new Incident Recording Process which addresses the challenges identified in the report has been developed and is currently being piloted in three Garda Divisions. The pilot is focused on achieving data integrity for both crime and non-crime incidents reported to the Garda Information Services Centre (GISC) for inclusion on PULSE. This project is one of a range of measures being taken forward by An Garda Síochána under the aegis of an Implementation Steering Group which was established to focus on the implementation of the short, medium and long-term recommendations in the Report.

Garda Station Closures

Ceisteanna (239)

Pearse Doherty

Ceist:

239. Deputy Pearse Doherty asked the Minister for Justice and Equality if she will provide a breakdown, per county, of the number of Garda stations that have closed over the past six years; the location of each Garda station; the number of gardaí stationed in each station; and if she will make a statement on the matter. [19506/15]

Freagraí scríofa

Minister for Justice and Equality

The formulation of proposals in relation to the opening and closing of Garda stations is a matter, in the first instance, for the Garda Commissioner in the context of annual policing plans, as provided for in section 22 of the Garda Síochána Act 2005.

An Garda Síochána completed a comprehensive review of its district and station network in 2012 and 2013. The objective was to identify opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within the organisation. The review concluded that a revised district and station network commensurate with the organisation resource base would best meet public demand.

The Garda District and Station Rationalisation Programme provides for effectiveness and efficiencies through a programme of restructuring and reconfiguration of the service delivery methods, concomitant with changes to work practices within the new rostering arrangements already introduced. In addition, I am advised by the Garda authorities that the closure of these Garda Stations has resulted in an additional 61,000 patrolling hours being made available to the communities right across the country.

I am advised by the Garda authorities that table A shows the breakdown of station closures for 2012 and 2013 per County.

Table A.

Region	County	2012	2013	Total for 2012 & 2013
Western Region	Clare	1	8*	9
	Galway	1	10	11
	Mayo	4	6	10
	Roscommon	3	3	6
	Longford	0	3	3
Total		9	30	39
Southern Region	Limerick	2	6	8
	Cork	7	7	14
	Kerry	3	9	12
Total		12	22	34
South Eastern Region	Tipperary	2	5	7
	Wexford	2	1	3
	Waterford	0	2	2
	Kilkenny	0	3	3
	Carlow	0	1	1
Total		4	12	16
Northern Region	Cavan	1	3	4
	Monaghan	2	3	5
	Donegal	3	5	8
	Sligo	1	4	5
	Leitrim	2	5	7
Total		9	20	29
Eastern Region	Wicklow	0	2	2
	Westmeath	0	4	4
	Meath	0	2	2
	Laois	0	2	2
	Offaly	1	1	2
	Kildare	0	3	3
Total		1	14	15
Dublin Metropolitan Region	Dublin	4	2	6
Total		4	2	6
TOTAL		39	100	139

* Kilmihil Garda station closed on 31 January 2013 and Lissycasey Garda station provided the policing service to the sub-district of Kilmihil. On 15 December 2014 the Commissioner approved the closure of Lissycasey Garda station and the reopening of Kilmihil Garda station. The total number of station closures remains the same and the total for County Clare remains the same.

Tables B and C show the breakdown of station closures for 2012 and 2013.

Table B.

No	Region	Division	District	Station
1	Western Region	Clare	Kilrush	Carrigaholt
2	Western Region	Galway	Galway	Corrandulla
3	Western Region	Mayo	Béal an Mhuirthead	Bellacorick
4	Western Region	Mayo	Castlebar	Glenisland
5	Western Region	Mayo	Castlebar	Tourmakeady
6	Western Region	Mayo	Westport	Mulranny
7	Western Region	Roscommon/Longford	Castlerea	Loughglynn
8	Western Region	Roscommon/Longford	Boyle	Tarmonbarry
9	Western Region	Roscommon/Longford	Boyle	Cootehall
	Total Western Region: 9
10	Southern Region	Limerick	Askeaton	Shanagolden
11	Southern Region	Limerick	Bruff	Doon
12	Southern Region	Cork North	Cobh	Glenville
13	Southern Region	Cork West	Clonakilty	Castletownsend
14	Southern Region	Cork West	Clonakilty	Ballygurteen
15	Southern Region	Cork West	Kanturk	Knocknagree
16	Southern Region	Cork West	Bandon	Ballyfeard
17	Southern Region	Cork West	Bantry	Goleen
18	Southern Region	Cork West	Macroom	Inchigeela
19	Southern Region	Kerry	Listowel	Ballylongford
20	Southern Region	Kerry	Listowel	Moyvane
21	Southern Region	Kerry	Tralee	Clochan
	Total Southern Region: 12
22	South East Region	Tipperary	Thurles	Ballinure
23	South East Region	Tipperary	Nenagh	Ballinderry
24	South East Region	Wexford	New Ross	Ballywilliam
25	South East Region	Wexford	Wexford	Baldwinstown
	Total South Eastern Region: 4
26	Northern Region	Cavan/Monaghan	Monaghan	Clontibret
27	Northern Region	Cavan/Monaghan	Monaghan	Smithboro
28	Northern Region	Cavan/Monaghan	Baileboro	Tullyvin
29	Northern Region	Donegal	Glenties	An Duchoraidh (Doochary)
30	Northern Region	Donegal	Ballyshannon	Dunkineely
31	Northern Region	Donegal	Buncrana	Culdaff
32	Northern Region	Sligo/Leitrim	Ballymote	Bunnanadden
33	Northern Region	Sligo/Leitrim	Manorhamilton	Drumkerrin
34	Northern Region	Sligo/Leitrim	Manorhamilton	Kiltyclogher
	Total Northern Region: 9
35	Eastern Region	Laois/Offaly	Tullamore	Geashill
	Total Eastern Region: 1
36	Dublin Metropolitan Region	DMR South Central	Pearse St	Harcourt Terrace
37	Dublin Metropolitan Region	DMR North	Ballymun	Whitehall
38	Dublin Metropolitan Region	DMR North	Balbriggan	Rush
39	Dublin Metropolitan Region	DMR East	Dun Laoghaire	Dalkey
	Total DMR: 4
	TOTAL: 39

Table C.

No	Region	Division	Current DistrictStation
1	Western	Galway	GalwayKiltullagh
2	Western	Galway	LoughreaTynagh
3	Western	Galway	LoughreaNew Inn
4	Western	Galway	GortShanaglish
5	Western	Galway	GortKilchreest
6	Western	Galway	GortKilcolgan
7	Western	Galway	ClifdenLeeane
8	Western	Galway	BallinasloeMenlough
9	Western	Galway	TuamKilconly
10	Western	Galway	TuamBallymoe
11	Western	Clare	EnnisQuin
12	Western	Clare	EnnistymonLahinch
13	Western	Clare	EnnistymonInagh
14	Western	Clare	KillaloeMountshannon
15	Western	Clare	KillaloeBroadford
16	Western	Clare	KilrushDoonbeg
17	Western	Clare	KilrushKilmihil *
18	Western	Clare	KilrushLabasheeda
19	Western	Mayo	CastlebarBallyvary
20	Western	Mayo	CastlebarBallyglass
21	Western	Mayo	BallinaBallycastle
22	Western	Mayo	BallinaLahardane
23	Western	Mayo	BelmulletBlacksod
24	Western	Mayo	ClaremorrisHollymount
25	Western	Roscommon/ Longford	RoscommonBallyforan
26	Western	Roscommon/ Longford	RoscommonKnockcroghery
27	Western	Roscommon/ Longford	CastlereaBallintubber
28	Western	Roscommon/ Longford	LongfordNewtowncashel
29	Western	Roscommon/ Longford	GranardBallinalee
30	Western	Roscommon/ Longford	GranardArdagh
Total Western Region: 30
31	Southern	Cork City	Anglesea Street  Barrack Street
32	Southern	Cork City	MayfieldMcCurtain Street
33	Southern	Cork City	MayfieldMallow Road
34	Southern	Cork City	GurranabraherRathdruff
35	Southern	Cork West	BandonBallinspittal
36	Southern	Cork West	BantryAdrigole
37	Southern	Cork West	KanturkMeelin
38	Southern	Kerry	Tralee Camp
39	Southern	Kerry	Tralee Fenit
40	Southern	Kerry	Tralee Abbeydorney
41	Southern	Kerry	KillarneyBeaufort
42	Southern	Kerry	KillarneyLauragh
43	Southern	Kerry	KillarneyKilgarvan
44	Southern	Kerry	ListowelBrosna
45	Southern	Kerry	CaherciveenValentia Island
46	Southern	Kerry	CaherciveenBallinskelligs
47	Southern	Limerick	BruffGalbally
48	Southern	Limerick	BruffKilfinane
49	Southern	Limerick	Newcastle WestCastletownconyers
50	Southern	Limerick	Newcastle WestKilmeedy
51	Southern	Limerick	Newcastle WestTournafolla
52	Southern	Limerick	Henry Street Mary Street
Total Southern Region: 22
53	Northern	Cavan/Monaghan	MonaghanNewbliss
54	Northern	Cavan/Monaghan	CavanStradone
55	Northern	Cavan/Monaghan	BallyconnellBawnboy
56	Northern	Cavan/Monaghan	CarrickmacrossCorrinshigagh
57	Northern	Cavan/Monaghan	CavanRedhills
58	Northern	Cavan/Monaghan	CarrickmacrossShantonagh
59	Northern	Donegal	BuncranaMalin
60	Northern	Donegal	LetterkennyNa Brocacha
61	Northern	Donegal	MilfordMin an Lábain
62	Northern	Donegal	GlentiesGleann Cholm Cille
63	Northern	Donegal	GlentiesAnnagaire
64	Northern	Sligo/Leitrim	BallymoteAclare
65	Northern	Sligo/Leitrim	BallymoteEaskey
66	Northern	Sligo/Leitrim	BallymoteBallyfarnon
67	Northern	Sligo/Leitrim	SligoCliffoney
68	Northern	Sligo/Leitrim	Carrick on ShannonCloone
69	Northern	Sligo/Leitrim	Carrick on ShannonKeshcarrigan
70	Northern	Sligo/Leitrim	Carrick on ShannonDromod
71	Northern	Sligo/Leitrim	ManorhamiltonDromahair
72	Northern	Sligo/Leitrim	ManorhamiltonGlenfarne
Total Northern Region: 20
73	South Eastern	Tipperary	NenaghTerryglass
74	South Eastern	Tipperary	NenaghRearcross
75	South Eastern	Tipperary	CahirNew Inn
76	South Eastern	Tipperary	ClonmelGrangemockler
77	South Eastern	Tipperary	Tipperary TownDundrum
78	South Eastern	Waterford	TramoreStradbally
79	South Eastern	Waterford	DungarvanBallyduff
80	South Eastern	Wexford	EnniscorthyKiltealy
81	South Eastern	Kilkenny/Carlow	ThomastownInistioge
82	South Eastern	Kilkenny/Carlow	KilkennyBallyragget
83	South Eastern	Kilkenny/Carlow	KilkennyJohnstown
84	South Eastern	Kilkenny/Carlow	CarlowLeighlinbridge
Total South Eastern Region: 12
85	Eastern	Wicklow	BaltinglassHollywood
86	Eastern	Wicklow	BaltinglassDonard
87	Eastern	Westmeath	AthloneBallinahowan
88	Eastern	Westmeath	MullingarCastletown Geoghegan
89	Eastern	Westmeath	MullingarFinea
90	Eastern	Westmeath	MullingarRathowen
91	Eastern	Meath	KellsCrossakiel
92	Eastern	Meath	TrimKilmessan
93	Eastern	Laois/Offaly	PortlaoiseBallacolla
94	Eastern	Laois/Offaly	BirrShannonbridge
95	Eastern	Laois/Offaly	PortlaoiseBallinakill
96	Eastern	Kildare	KildareBallytore
97	Eastern	Kildare	NaasKill
98	Eastern	Kildare	NaasBallymore Eustace
Total Eastern Region: 14
99	Dublin Metropolitan Region	DMR (Eastern)	Dun LaoghaireKill O’ the Grange
100	Dublin Metropolitan Region	DMR (Eastern)	BlackrockStepaside
Total DMR: 2
TOTAL: 100

With regard to the number of Gardaí stationed in each Garda station that closed over the past six years, I am advised that An Garda Síochána is not in a position to provide the information requested as it would require a disproportionate amount of Garda time and resources to collate the data requested. I am further informed that any personnel allocated to Garda Stations that closed were reallocated to stations in the Garda District concerned.

Garda Strength

Ceisteanna (240)

Pearse Doherty

Ceist:

240. Deputy Pearse Doherty asked the Minister for Justice and Equality if she will provide a breakdown, per county, of the number of gardaí stationed in each county, over the past five years; and if she will make a statement on the matter. [19507/15]

Freagraí scríofa

Minister for Justice and Equality

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 received the information from the Garda Commissioner on the personnel strength for each Division, District and Garda Station by County for the years ending 31 December 2010 to 2014 and on 31 March 2015, the latest date for which figures are readily available. I have arranged that this information which is set out in spreadsheets be sent to the Deputy directly.

Court Orders

Ceisteanna (241)

Mick Wallace

Ceist:

241. Deputy Mick Wallace asked the Minister for Justice and Equality the number of court orders which have been enforced and the number of those which were made, but not enforced, regarding private dwelling home repossession cases, for the year 2014 and to date in 2015; and if she will make a statement on the matter. [13121/15]

Freagraí scríofa

Minister for Justice and Equality

The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system. I am informed that statistical data on orders for possession is available on the Courts Service website, www.courts.ie.

It is important to note that the number of civil bills issued does not reflect either the number of orders for possession granted or necessarily equate with repossessions as it is up to the person or company who obtained the order for possession to pursue its execution. Therefore, relative to the number of civil bills issued, a small portion end up as repossessions since in many cases the civil bill gives rise to engagement of the borrower with the bank resulting in either a mortgage restructuring agreement between the bank and borrower or a Personal Insolvency Arrangement entered into under the Personal Insolvency Act.

The Central Bank's quarterly Residential Mortgage Arrears and Repossession Statistics have information which may be of interest to the Deputy and they are available at www.centralbank.ie. The statistics include the number of properties taken into possession by lenders during the relevant quarter including the number which were repossessed on foot of a Court Order.

Finally, as I am sure the Deputy is aware, the Government recently announced a series of measures to assist people in mortgage distress. The measures include a major reform of the Personal Insolvency framework in which the Government has agreed to give Courts the power to review and, where appropriate, to approve insolvency deals that have been rejected by banks; an expansion of the Mortgage to Rent scheme which will be undertaken by the Department of the Environment, Community and Local Government and the provision by the Money Advice and Budgeting Service (MABS) of additional services to provide assistance in identifying the best options, completing financial statements and considering proposed solutions.

These measures are aimed at increasing the supports available to people in arrears and to increase the number of people availing of them. The overall objective of the Government's initiatives in this area is to ensure that a full range of options is available to distressed borrowers and to keep as many people in their homes as possible.

Marriage Equality Referendum

Ceisteanna (242)

Micheál Martin

Ceist:

242. Deputy Micheál Martin asked the Minister for Justice and Equality the role her Department had during the marriage referendum campaign; and if she will make a statement on the matter. [19231/15]

Freagraí scríofa

Minister for Justice and Equality

My Department was involved in the preparation of the Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015, which contains the wording of the proposed constitutional amendment which is to be put to the people in a referendum on 22nd May. My Department also provided €1.5 million funding to the Referendum Commission, which is responsible for providing independent and impartial information in relation to proposals for constitutional change. In light of principles set out by the Courts, including in relation to the McKenna case, my Department does not participate in the referendum campaign.

Immigration Policy

Ceisteanna (243)

Clare Daly

Ceist:

243. Deputy Clare Daly asked the Minister for Justice and Equality if she has had any discussions with the authorities of the United States of America, in relation to accepting prisoners awaiting release from Guantanamo Bay for years because the United States of America will not allow these prisoners to be released into the United States of America. [15192/15]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy may be aware Ireland has previously accepted two former detainees from the Guantanamo Bay detention facility for resettlement here in 2009.

Since their arrival the two individuals have received support and assistance to help them to adjust to their new circumstances.

In the context of continuing efforts by the US to close the facility at Guantanamo, the US authorities have asked Ireland to consider a further resettlement. The request is the subject of ongoing consideration.

Immigration Policy

Ceisteanna (244)

Bernard Durkan

Ceist:

244. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which a unified approach is likely to be adopted by the European Union in response to the refugee crisis arising from the various conflicts in Syria and North Africa; if the burden is likely to be shared equally by all European Union member states or through the setting up of safe havens in the homelands of the refugees; the extent to which Ireland continues to make a positive contribution in this regard; and if she will make a statement on the matter. [19285/15]

Freagraí scríofa

Minister for Justice and Equality

I cannot speculate as to the positions different Member States will ultimately take in respect of the various proposals put forward in response to the migration crisis in the Mediterranean. However, the consensus both from the emergency joint meeting of EU Foreign and Interior Affairs Ministers in Luxembourg on Monday, 20 April 2015, attended by the Minister for Foreign Affairs and Trade and myself and the special European Council in Brussels on Thursday, 23 April 2015, attended by the Taoiseach, was that the EU and its Member States needed to take urgent action on a broad front, even if there is disagreement on certain individual elements of the solution.

The Council Conclusions agreed on 23 April 2015 set out broad priorities which focused on strengthening Europe’s presence at sea, fighting traffickers in accordance with international law, preventing illegal migration flows and reinforcing internal solidarity and responsibility.

Last week the European Commission published the European Agenda on Migration (EAM) which has been adapted to reflect the current situation and the need for urgent action. The EAM outlines the immediate measures agreed in response to the situation in the Mediterranean as well as the longer term measures necessary to re-balance all aspects of Europe's approach to migration. Included among the measures is funding for Regional Development and Protection Programmes for North Africa and the Horn of Africa.

In terms of immediate actions the two main proposals relate to resettlement and relocation. The Commission indicated that they will be recommending an EU resettlement scheme by the end of May for 20,000 places. This number will be distributed among Member States in accordance with several clearly defined criteria (Ireland’s proposed share will be 1.36% or 272 persons). Participation would be voluntary, given that there are no existing powers under EU law to compel Member States to participate, but; depending on the approach adopted by Member States the Commission may bring forward binding and mandatory legislative proposals to cover the period beyond 2016.

In line with our regular commitment on resettlement, Ireland had already agreed to resettle 220 refugees over the next two years. However, the Taoiseach had indicated at the special European Council in April 2015 that we would re-examine this commitment in view of the deteriorating situation in the Mediterranean. Rather than waiting until the proposals announced in the European Agenda on Migration to be discussed formally by Home Affairs Ministers in June 2015, last Wednesday (13 May 2015), I announced that the Government had agreed in principle to resettle an additional 300 vulnerable people as our contribution to this important European initiative. This brings our total commitment on resettlement to the end of 2016 to five hundred and twenty (520) people, or nearly twice the quota of two hundred and seventy two (272) proposed by the Commission for Ireland.

This is in addition to support under the Syria Humanitarian Assistance Programme (SHAP) which grants temporary permission, of up to two years duration, to vulnerable close family members of either naturalised Irish citizens of Syrian birth or Syrian nationals already lawfully residing in the State. By the end of 2014 one hundred and fourteen (114) such family members had been granted permission under this scheme. In addition, Syrian nationals legally resident in Ireland, for example, students or persons on work permission's may apply for an extension of their permission to remain in the State while the crisis situation continues.

Relocation is a complicated issue and there are different perspectives among Member States. To deal with the situation in the Mediterranean the Commission is now proposing to trigger the emergency response mechanism under Article 78.3 of the Treaty on the Functioning of the EU via a proposal to be published by the end of May 2015. This proposal will include a distribution mechanism for persons in clear need of international protection. Such persons would have their asylum claim considered in the receiving Member State. Until we see the details of what the Commission is proposing it would be premature to comment further at this point.

Garda Reserve

Ceisteanna (245)

Tony McLoughlin

Ceist:

245. Deputy Tony McLoughlin asked the Minister for Justice and Equality her views on whether members of the Garda Reserve should receive some preferential treatment, if and when they decide to apply to join An Garda Síochána, considering the level of service they would have already given to An Garda Síochána, and the experience they would have obtained in doing so; and if she will make a statement on the matter. [19544/15]

Freagraí scríofa

Minister for Justice and Equality

I wish to put on record my appreciation for the contribution that those who volunteer for service as Garda Reserve members make on a daily basis to the work of An Garda Síochána. Together with full time members, they provide vital assistance to communities and neighbourhoods right across the country.

The Garda Síochána (Admissions and Appointments) Regulations 2013 provide that, as part of the competitive selection process organised by the Public Appointments Service for full-time membership of An Garda Síochána, "due recognition to any satisfactory service by the person as a reserve member" shall be given to such candidates. This provision was introduced in order to acknowledge the beneficial experience and skills gained by a reserve member and to allow them, at assessments and at interview, the opportunity to highlight that experience and skill. It is important that all persons wishing to join the full time force undergo the same competitive selection and recruitment process. In doing so the integrity of the process is maintained at all stages of the competition.

Commissions of Investigation

Ceisteanna (246)

Niall Collins

Ceist:

246. Deputy Niall Collins asked the Minister for Justice and Equality in view of the former Minister for Justice and Equality's request in May 2014 for a report within three months, if the interdepartmental group on justice and mental health has considered the recommendations of the report of the Commission of Investigation into the Death of Gary Douch; the extent to which those recommendations have been implemented; and if she will make a statement on the matter. [19606/15]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy is aware, the former Minister for Justice and Equality, Alan Shatter TD, and Minister of State, Kathleen Lynch TD, published the Report of the Commission of Investigation into the death of Gary Douch on 1 May, 2014.

The Commission’s Final Report contained several conclusions relating to the management, medical treatment and psychiatric care of Stephen Egan prior to and subsequent to the killing by him of Gary Douch. The Commission recognised the many significant improvements which had been put in place since 2006, including reductions in prison overcrowding, investment in prisoner accommodation and improved health services for prisoners.

Having considered the Report of the Commission of Investigation, the Government decided to refer the Report to the Interdepartmental Group examining the issue of people with mental illness coming into contact with the criminal justice system. The Interdepartmental Group was directed to consider the recommendations in a cohesive way and to report back with an implementation plan within three months. The Group includes representatives from my Department and the Department of Health as well as relevant services including the Health Service Executive, the National Forensic Mental Health Service, An Garda Síochána, the Office of the Director of Public Prosecutions and the Irish Prison Service.

The Group proceeded to examine the recommendations of the Commission of Investigation which relate to persons with mental illness and the criminal justice system and submitted an Implementation Plan for those recommendations to me and Minister of State, Kathleen Lynch in September, 2014.

I am advised that the Irish Prison Service has reported that significant progress has been made and that a comprehensive action plan has been put in place to ensure that the recommendations relating to the Service are being implemented. Actions in relation to recommendations not yet complete are being progressed and I have requested that implementation of these actions be closely monitored.

I am also advised that progress is also being made by the Department of Health on the Commission's recommendations including plans to replace the existing Central Mental Hospital and to otherwise enhance forensic mental health services nationally.

Residency Permits

Ceisteanna (247)

Bernard Durkan

Ceist:

247. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [19616/15]

Freagraí scríofa

Minister for Justice and Equality

I 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 person concerned has submitted written representations.

The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be fully considered in advance of a final decision being made.

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.

UN Conventions Ratification

Ceisteanna (248)

Gabrielle McFadden

Ceist:

248. Deputy Gabrielle McFadden asked the Minister for Justice and Equality when the United Nations Convention for People with Disabilities will be ratified in Dáil Éireann; and if she will make a statement on the matter. [19636/15]

Freagraí scríofa

Minister of State at the Department of Justice and Equality

I refer the Deputy to previous answers on this issue on 16 April and 23 April 2015.

The Government has given a firm commitment to ratify the Convention on the Rights of Persons with Disabilities and intends to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. As the Deputy is aware, Ireland has a dualist legal system and therefore does not become party to treaties until it is first in a position to comply with the obligations imposed by them, including the amendment of domestic law as necessary. We are determined to take the steps necessary to meet all the convention's requirements in a constructive, proactive and appropriate manner. I should stress that for Ireland, ratification is the end of the preparation and implementation phase, not the beginning.

A team within my Department has been charged with examining all outstanding obstacles to ratification, and has nearly completed the first phase of its work, which includes identifying all areas which will need attention to make ratification possible. An Interdepartmental Committee is in place to review issues and the actions and timeframe required to tackle them. Many of these issues involve amending unsuitable and outmoded language and in some cases, archaic legal provisions, in existing legislation. Another key task which is underway involves examining how the important issue of Reasonable Accommodation can be achieved in a meaningful way within our Constitutional framework as interpreted by the Supreme Court.

Progress towards ratification therefore continues to be made and much has been accomplished. One of the core obstacles to Ireland's ratification of the Convention is the requirement for enactment of capacity legislation. The Assisted Decision-Making (Capacity) Bill, published on 17 July 2013, provides a series of options to support people with impaired capacity to make decisions and exercise their basic rights in line with the principles of the UN Convention. It undertakes a comprehensive reform of existing legislation governing capacity. The Bill is currently awaiting Committee Stage in the Dáil.

The Committee has identified four main areas where legislative amendment or new legislation will be necessary to meet the requirements of the Convention. As the Deputy is aware, the legislative process takes time and it is important that we get it right in order to ensure the realisation of the rights of people with disabilities in a comprehensive and cohesive way.

Prison Medical Service

Ceisteanna (249)

Maureen O'Sullivan

Ceist:

249. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if she is satisfied that there are adequate levels of trained medical staff in our prisons; and the extent to which agency nursing is used in our prisons. [19653/15]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Director General of the Irish Prison Service that there are adequate levels of trained medical staff in all our prisons, notwithstanding the fact that the recruitment of medical staff to permanent positions continues to be very challenging in the current climate. Each prison has a number of nurses, and each prison is attended by a prison doctor. Doctors ordinarily attend prisons on week days, and provide on call medical cover outside of normal working hours. In addition, nursing cover is provided on a 24 hour basis in all closed prisons. I can confirm that on the 15th of May there were seven agency nurses assigned to the Irish Prison Service.

Where vacancies arise in prison medical posts, or where a post holder is absent from work, the Irish Prison Service arranges the assignment of a locum doctor to provide medical services under the provisions of its contract agreement with a locum agency provider. Similarly, where nursing vacancies arise, the Irish Prison Service secures the services of agency nurses under the provisions of its contract agreement with a nurse agency provider.

The Irish Prison Service recognises that, notwithstanding the fact that locum doctors and agency nurses provide essential and necessary support, the engagement of agency medical staff is generally less cost effective than employing permanent medical staff. In this regard, the Irish Prison Service keeps the staffing levels in medical posts under constant review.

I am pleased to say that the Irish Prison Service recently received sanction for the recruitment of 20 prison nurses. It is expected that a competition to recruit these nurses will be advertised in the near future, and the recruitment of additional nurses will have the effect of reducing the level at which agency nursing staff are being engaged at present.

The Irish Prison Service has confirmed that it will continue to provide an appropriate level of medical and nursing resources to deliver healthcare services in each prison, subject to available resources and competing priorities.

Asylum Support Services

Ceisteanna (250)

Maureen O'Sullivan

Ceist:

250. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if she is aware of the recent scheme put into circulation by the Irish Refugee Council and Doras Luimní (details supplied); her views that, at present, the system for handling asylum seekers is too long, causing strain on many persons, before their application for work permits and residency are accepted; and if she will examine said scheme to try and alleviate the waiting time for migrants, and make the entire system more transparent. [19654/15]

Freagraí scríofa

Minister for Justice and Equality

I am aware of the proposal by the Irish Refugee Council and Doras Luimní for a one-off scheme to clear all cases in the protection process.

At the outset I should say that I have no plans to introduce such a scheme. The Deputy may be aware that there is a political commitment among EU Member States against any form of process that would grant residence status to persons present in the State without first examining the merits of their individual cases. Broad regularisation programmes are problematic, in particular as they could give rise to unpredictable and very costly impacts across the full range of public and social services.

I have previously acknowledged however that the length of time that many applicants spend in the protection process is a matter that needs to be addressed particularly in light of the sharp increase in asylum application volumes in 2014 and so far in 2015. The Deputy may be aware that an Independent Working Group was set up in October 2014 to recommend to Government what improvements should be made to the protection process, including direct provision and supports to asylum seekers. One of the tasks of the Working Group is to identify improvements to existing arrangements for the processing of protection applications taking account of the Government's intention to legislate for a single application procedure.

The Group began its work in November last under the Chairmanship of retired High Court Judge, Bryan McMahon and its membership is drawn from a range of interests in the international protection area including UNHCR, non-governmental organisations, protection applicants, academia, and relevant Government Departments and Offices. I understand that the Working Group's report to Government will be finalised in the coming weeks.

I have also committed to introducing legislative change in the Protection area to provide for a single application procedure with a view to reducing the length of time applicants spend in the protection process. On 25 March 2015 I published the General Scheme of the International Protection Bill, which has been approved by Government. This is the first step in delivering the Government's undertaking in the Statement of Priorities 2014-2016 to legislate to reduce the length of time protection applicants spend in the system. My objective is to reform the current multi-layered and sequential system which can result in applicants being accommodated in the State's system of Direct Provision for indeterminate periods of time. The single procedure will identify at a much earlier stage those who are in need of international protection and should be granted status and those with no entitlement to stay in the State and who can safely return to their country of origin.

In accordance with the Government decision I have forwarded the General Scheme of the Bill to the Attorney General for the detailed drafting of the legislation which, subject to the approval of the Government at a future time, will be presented to the Oireachtas for enactment into law. My aim is for the legislation to be enacted by the end of this year.

Notwithstanding the deliberations of the Working Group on the Protection process and the future publication of the International Protection Bill, a number of measures have already been taken to address the number of cases on hand in the protection system which are yielding significant results. These include the scheduling of interviews of applicants on Saturdays, the transfer of subsidiary protection application processing to the Office of the Refugee Applications Commissioner in late 2013, the establishment of a legal panel set up to assist the Commissioner with this work, and the appointment of additional members to the Refugee Appeals Tribunal to assist with the processing of appeals.

My Department is also actively considering what other measures can be taken to reduce the number of cases on hand at the leave to remain stage of the process in advance of the introduction of a single application procedure.

Equality Issues

Ceisteanna (251)

Maureen O'Sullivan

Ceist:

251. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the way she will deal with the issues and concerns raised by Transgender Equality Network Ireland, regarding lack of recognition of their position in society; and if she will meet the group, and help progress legislation, as necessary, to address their concerns. [19655/15]

Freagraí scríofa

Minister of State at the Department of Justice and Equality

I have met TENI, as has my predecessor as Minister of State for Equality, and I am of course happy to do so again to discuss issues for which I have Ministerial responsibility. I should point out that the legislation in which they are particularly interested - the Gender Recognition Bill - is a matter for the Department of Social Protection and any issues the group is concerned about in that regard should be raised with that Department.

I should also mention that Equality legislation for which I am responsible prohibits discrimination in the areas of employment and the provision of goods and services on nine grounds, including gender and sexual orientation. The Equality Tribunal has found that gender identity is encompassed by the gender ground and that therefore discrimination on the basis of gender identity is prohibited under equality legislation.

Drugs in Prisons

Ceisteanna (252)

Maureen O'Sullivan

Ceist:

252. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the extent of drugs, including tablets, obtained in recent drugs searches in Mountjoy Prison, Dublin 7. [19657/15]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Prison Service that for the period 01 February 2015 to 14 May 2015, 117 searches were carried out in Mountjoy Prison. 42 seizures of drugs were made over the course of these searches.

The Irish Prison Service, while loosely classifying materials seized as drugs (i.e. tablets, powder, etc.), is not in a position to state if any of these items are illegal drugs as no conclusive testing is conducted on substances found within the prison. The total for items confiscated includes perimeter security searches.

The Director General of the Irish Prison Service assures me that preventing the access of contraband into prisons remains a high priority. Efforts are made on a continuous basis to prevent the flow of drugs into our prisons, by for example, the installation of nets over exercise yards, vigilant observation of prisoners by staff, enhanced CCTV monitoring, the stricter control of visits and the use of targeted and random cell searches on a daily basis. As well as this the introduction of passive and active drug detection dogs and the installation of airport style security including scanners and x-ray machines has helped efforts to tackle the problem. Random searches of cells and their occupants have uncovered significant quantities of contraband in recent years.

Nevertheless, the Irish Prison Service recognises that constant improvements are required in this area.  The Director General recently announced additional security measures aimed a further enhancing the security of our prisons including:

The introduction of a new free confidential telephone line  which will be operational in June. Anyone with information on the trafficking of prohibited items into our prisons will be able to pass on that information in confidence.

The increasing of the number of passive and active dogs which are operational in all prisons. There are currently 8 passive dogs in training with a further 10 active dogs to begin training shortly. This will increase the Canine Unit to 39 dog teams.

The introduction of standard searching procedures for all persons entering our prisons.

Prison Security

Ceisteanna (253)

Maureen O'Sullivan

Ceist:

253. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if she is aware of the reaction and challenges posed by a person (details supplied) being moved into the CB Unit in Mountjoy Prison, Dublin 7; and if there is sufficient consultation with prison staff on such matters. [19658/15]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Prison Service that the prisoner in question (details supplied) was transferred to the Challenging Behaviour Unit (CBU) in Mountjoy Prison on 31 March 2015 for operational reasons. As the Deputy is aware on 23 April 2015, the prisoner carried out an unprovoked assault with a weapon on prison staff in which they received serious head and other injuries. This assault followed a number of other serious unprovoked attacks on prison staff in recent weeks. These assaults were of a more serious nature than those which would usually occur in our prisons.

The work of prison staff is challenging and demanding and dealing with offenders, many of whom have been convicted for violent offences or have a history of violence, brings with it a higher degree of risk than most other professions. However, I can assure the Deputy that while the risk might be greater - no act of violence against staff is acceptable or tolerated.

It should be noted that officials in the Irish Prison Service deal with over 8,500 prisoner transfers annually throughout the prison Estate. In addition, a large number of internal movements of prisoners occur on a daily basis. The Deputy will appreciate that for obvious logistical, operational and security reasons, those individual transfers are not discussed with members of staff.

The Irish Prison Service has successfully introduced a number of measures across the prison estate such as, hand-held metal detectors, netting over prison yards, boss chairs and security screening machines to detect and prevent weapons from entering the prison to limit the scope of acts of violence. In addition, new prisoner programmes have been introduced such as the Incentivised Regimes policy, which provides for a differentiation of privileges between prisoners according to their level of engagement with services and quality of behaviour. The objective is to provide tangible incentives to prisoners to participate in structured activities and to reinforce good behaviour, leading to a safer and more secure prison environment.

The Deputy will be aware that in light of the recent serious incidents, including the incident carried out by the prisoner referred, the Irish Prison Service is implementing a number of additional measures to enhance staff safety including the introduction of personal protective equipment such as stab vest for high risk escorts. In addition further training is to be provided regarding de-escalation, the use of force and the use of safety equipment.

Garda Vetting Applications

Ceisteanna (254)

Andrew Doyle

Ceist:

254. Deputy Andrew Doyle asked the Minister for Justice and Equality if he will provide an outline of the Garda vetting procedure for voluntary associations; if a change has recently taken place in this process; and if she will make a statement on the matter. [19711/15]

Freagraí scríofa

Minister for Justice and Equality

The Garda Central Vetting Unit (GCVU) provides employment vetting to organisations registered with the Gardaí for this purpose and which employ persons in a full-time, part-time, voluntary or training capacity to positions where they would have substantial, unsupervised access to children and/or vulnerable adults.

The process in respect of Garda vetting applications is standard for all organisations, voluntary or otherwise. Garda Vetting Disclosures are predicated on the signed authorisation of a vetting subject for An Garda Síochána to disclose to the registered organisation “details of all prosecutions, successful or not, pending or completed, and/or convictions which may be recorded in respect of them in the State or elsewhere”; or alternatively that there are “no prosecutions or convictions recorded in respect of them”. The disclosure is made to the requesting, registered organisation of the position at the time when it is issued.

It should be noted that the Garda Central Vetting Unit (GCVU) has no input into any decision by a registered organisation to employ an individual or otherwise. It is the responsibility of the organisation in question to use the information provided appropriately, fairly and only as one factor in an overall recruitment decision. Decisions on the suitability for the recruitment/engagement of the person concerned, therefore, rest at all times with the registered organisation.

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.

Garda Vetting is presently conducted under policy as opposed to legislation. Before the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 could be commenced, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. That review has been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill are currently being drafted.

Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures was introduced with effect from 31st March 2014 which provides that certain minor offences that are over 7 years old are no longer disclosed. In line with that procedure a decision to disclose or not disclose non-conviction data is now made on the basis of an assessment of the relevance and / or the proportionality of disclosing the information in the context of the position of employment in question. This Administrative Filter already gives effect to the main provisions likely to be contained in the amended Act.

Commencement of Legislation

Ceisteanna (255, 256)

Robert Dowds

Ceist:

255. Deputy Robert Dowds asked the Minister for Justice and Equality when the commencement order for the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 will be signed. [19712/15]

Tom Fleming

Ceist:

256. Deputy Tom Fleming asked the Minister for Justice and Equality if she will provide an update on the implementation of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012; if she will expedite the finalisation of this Act to enable organisations which are acquiring staff to have those staff in place in a timely fashion; and if she will make a statement on the matter. [19722/15]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 255 and 256 together.

Before the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 could be commenced, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. That review has been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill are currently being drafted.

I intend to bring the amendments to the Bill before the Oireachtas as soon as possible with a view to commencing the Act by the autumn. Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures has been introduced, which provides that certain minor offences that are over 7 years old are no longer disclosed. This Administrative Filter already gives effect to the main provisions likely to be contained in the amended Act.

A copy of this Administrative Filter is enclosed.

Garda Vetting Procedures

Administrative Filter

In anticipation of the amendment and commencement of the National Vetting Bureau Act 2012, an administrative filter in respect of Garda Vetting Unit Disclosures will operate in accordance with the following procedural guidelines.

A. Criminal Convictions to be disclosed in all cases:

1) Offences Against the Person.

2) Sexual Offences

3) Convictions on indictment.

B. District Court Convictions which will not be disclosed:

1) Motoring Offences :

District Court convictions for motoring offences will not be disclosed after 7 years even where more recent offences have been committed. This is because it is considered that old minor motoring offences would not be relevant due to the passage of time.

2) Minor Public Order Offences :

The following convictions under the Criminal Justice (Public Order) Act 1994 will not be disclosed if the offence is over 7 years old even where more recent offences have been committed:

Section 4 (Intoxication),

Section 5 (Disorderly conduct),

Section 6 (Threatening, abusive or insulting behaviour),

Section 7 (Distribution or display of material which is offensive),

Section 8 (Failure to comply with direction of Garda),

Section 9 (Wilful obstruction).

3) Other minor offences – 1 Only :

District Court convictions for any other minor offence will not be disclosed after 7 years where the person has one such offence only (excluding motoring or public order offences over 7 years old). This provision does not apply to offences against the person or to sexual offences.

C. Probation Act Provisions

Where persons have been dealt with by a district court in accordance with the provisions of section 1(1) (i) or 1 (1) (ii) of the Probation Act 1907, the offences will not be disclosed except in cases where the circumstances of the offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person.

Where persons have been dealt with by a court in accordance with section 1 (2) of the Probation Act, these will be disclosed in all cases. (Section 1 (2) relates solely to persons “convicted on indictment”.)

D. Offences in respect of which a person is charged but subsequently not prosecuted or acquitted.

Non convictions will be considered for disclosure where the circumstances of an offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person. This information will only be disclosed if the information is of such a nature that its disclosure is necessary, proportionate and reasonable in the circumstances for the protection of children or vulnerable persons, or both, as the case may be.

The Garda Central Vetting Unit will make such decision in the context of:

- The information concerned

- The relevance of the information to the type of work/activity

- The source and reliability of the information

- The rights of the vetting applicant and any submissions made by them.

Where the GCVU makes a determination to disclose information under this section the GCVU will:

- Notify the person who is the subject of the application for the vetting disclosure concerned, in writing, of its determination and of the reasons for it,

- Provide to the person a copy of the information to be disclosed,

- Notify the person of the intention to disclose the information to an Authorised Signatory for the registered organisation concerned after the expiry of 14 days from the date of notification, and

- Allow the applicant the opportunity to make a written submission.

- There will also be an appeals process in respect of a decision to disclose the information.

The GCVU will not issue a vetting disclosure in respect of a person until this process has been completed.

Departmental Funding

Ceisteanna (257)

Seán Fleming

Ceist:

257. Deputy Sean Fleming asked the Minister for Justice and Equality the position regarding funding for a post (details supplied) in County Laois; and if she will make a statement on the matter. [19736/15]

Freagraí scríofa

Minister for Justice and Equality

Under the Victims of Crime Office Funding Scheme for 2015 Laois Domestic Abuse Service was granted €12,500 in funding towards the provision of a court accompaniment service for victims of domestic abuse. Since 2005 this organisation has received similar amounts in funding on an annual basis to provide court accompaniment services.

Core funding for domestic violence services is provided by Tusla, which falls under the remit of my colleague the Minister for Children and Youth Affairs. Accordingly, the issue of my Department funding any particular post in Laois Domestic Abuse Service does not arise.