Written Answers Nos. 505-521
505. Deputy Tom Fleming asked the Minister for Justice and Equality if she will provide the up-to-date progress report on matters relating to her Department, regarding the national carer's strategy; on the impact of these initiatives on family carers' lives, since the launch of the strategy in July 2012; and if she will make a statement on the matter. [20433/15]
Amharc ar fhreagraThere are no specific Department of Justice and Equality actions in the National Carers Strategy. However, officials from my Department met with representatives of the National Carer Strategy Monitoring Group (NCSMG) on 16 December 2014 to discuss issues of interest to them and agreed to continue this engagement and meet periodically as required.
506. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will provide details of all official foreign trips she and Ministers of State in her Department plan to take between now and the end of 2015; if she will provide details of whom she and the Ministers of State in her Department will be meeting on these trips; the purpose of these trips; the duration of these trips; her plans to use all of these trips to promote Ireland as a good place for doing business, and as a destination for foreign direct investment; and if she will make a statement on the matter. [20444/15]
Amharc ar fhreagraThe foreign travel that I and the Ministers of State in my Department plan to undertake between now and the end of 2015 involves primarily EU business such as attendance at EU Justice and Home Affairs (JHA) Councils. For the remainder of 2015 Justice and Home Affairs Councils are scheduled for 15-16 June 2015, 9-10 July 2015, 8-9 October 2015 and 3-4 December 2015.
Further overseas travel for the period in question is currently being considered or is in the early stages of planning. It would not be appropriate at this point to provide details of anticipated or possible foreign travel expect to say that it will be undertaken in the context of Ministerial responsibilities, Government priorities, and for the purposes of advancing international cooperation in areas such policing, data protection and other aspects of EU policy development and cooperation.
It should also be noted that from time to time the need to travel overseas arises at short notice which clearly at this remove could not be anticipated.
507. Deputy David Stanton asked the Minister for Justice and Equality the number of protection orders, safety orders and barring orders applied for and granted by the District Courts in 2013, in 2014 and in 2015 to date; if she will provide a breakdown of these figures for each year, by gender; and if she will make a statement on the matter. [20452/15]
Amharc ar fhreagraI wish to inform the Deputy that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that this information is collated annually. Figures for 2014 are currently being collated and I will write to the Deputy as soon as they are to hand. Figures for 2015 will not become available until 2016. I am informed that court statistics are not compiled in such a way as to provide a breakdown of gender. The table sets out the number of protection orders, safety orders and barring orders applied for and granted by the District Courts in 2013.
|
Type of Order |
Number of Applications |
Number of Applications Granted |
|
Protection Order |
4,529 |
4,142 |
|
Safety Order |
5,334 |
2,381 |
|
Barring Order |
2,738 |
1,167 |
|
Interim Barring Order |
674 |
522 |
508. Deputy David Stanton asked the Minister for Justice and Equality the progress that has been made by her Department with the heads of the reformed and consolidated domestic violence Bill; her plans to bring the heads to Government for approval; and if she will make a statement on the matter. [20453/15]
Amharc ar fhreagraI am currently finalising legislative proposals for a reformed and consolidated Domestic Violence Bill. I plan to bring these proposals to Government for approval shortly. I will also seek Government approval at that time to forward the General Scheme of the reformed and consolidated Domestic Violence Bill to the Joint Oireachtas Committee on Justice, Defence and Equality for pre-legislative scrutiny.
509. Deputy Clare Daly asked the Minister for Justice and Equality her views on the increased number of prison deaths that have taken place in the past number of months; if she will bring forward an outcome of the investigation into these; if action needs to be taken by the Prison Service; and if she will make a statement on the matter. [20457/15]
Amharc ar fhreagraAll deaths in custody are the subject of an internal investigation by the prison Governor, a Garda investigation, and a Coroners inquest is also held. In addition, all deaths in custody are also subject to an independent investigation by the Inspector of Prisons. The investigation by the Inspector of Prisons applies to prisoners who are in the custody of the Irish Prison Service, and includes those instances where the death of the prisoner has occurred outside the prison, or the prisoner in question was on temporary release at the time of death.
The Irish Prison Service has confirmed that the circumstances of each death in custody is subject to an internal review process by the suicide prevention group for the prison institution concerned. This group is chaired by the respective Prison Governors, and includes representatives from all the services across the prison estate, including medical, psychology, chaplaincy, probation, education, and prison staff. The internal review fully covers the background and circumstances of each death in custody, and its objective is to identify any possible measures which may be implemented which can contribute to a reduced risk of deaths in custody in future.
The Internal Review Reports are considered by the National Suicide and Harm Prevention Steering Group, which is chaired by the Director General of the Irish Prison Service. The Steering Group then ensures that the relevant findings of those reports are disseminated throughout the prison system.
The Inspector of Prisons has yet to report on the more recent deaths in custody. However, the Inspector will forward his reports into those deaths to me in my capacity as Minister for Justice and Equality, and these reports will be published by me in due course similar to previous death in custody reports. The Irish Prison Service has also confirmed that it will take any necessary actions identified on foot of the reports of the Inspector of Prisons and its Internal Review process.
510. Deputy Clare Daly asked the Minister for Justice and Equality the progress of the independent living programme, announced by the Director General of the Prison Service in February 2015. [20458/15]
Amharc ar fhreagraI have been advised by the Irish Prison Service that it is continuing to progress the development of a Therapeutic Community within the prison estate which, when complete, will compliment and integrate with the existing addiction support services.
The development of a prison based Therapeutic Community will enhance the treatment options available to prisoners addressing substance misuse while in custody. It will also facilitate a more streamlined through care for prisoners, from a prison based Therapeutic Community to a community based service, which should result in a higher level of retention, and ultimate completion by participants of the Therapeutic Community services.
511. Deputy Clare Daly asked the Minister for Justice and Equality her views on the impact of cutbacks in prison officer numbers, which lead, on a regular basis, to prisoners not being released from their cells at the appropriate time in the morning and going into lock-up earlier in the evenings, resulting in an increase in time spent on lock-up; the action she will take on the matter; and if she will make a statement on the matter. [20459/15]
Amharc ar fhreagraI am advised by the Irish Prison Service that there is no practice in place of prisoners not being released from their cells at the appropriate time in the morning, and going into lock-up earlier in the evenings, There are occasions when, for various reasons, delays in moving prisoners to schools, workshops etc, do occur, but these are not as a result of staff cutbacks.
While there has been a reduction in the staffing levels in the IPS, this has been as a result of controlled reductions as set out in the Croke Park Agreement and the Haddington Road Agreement and is in line with Government policy to reduce Public Service numbers. However, it should be noted that these reductions have not changed the standard prison day or the periods of unlock. It should also be pointed out that the number of people in custody as decreased significantly over the period April 2013 to April 2015, from 4,283 to 3,747 respectively, representing a decrease of 12.5%. Furthermore, the Ratio of Prison Staff to Prisoners over the same period has increased from 0.67 to 0.76.
|
Date |
Staff Number |
Prison Number |
Ratio |
|
End April 2015 |
2865 |
3747 |
.76 |
|
End April 2013 |
2900 |
4283 |
.67 |
The Irish Prison Service endeavours to deliver a broad and flexible curriculum in both education and work and training services, in line with the Irish Prison Service Three Year Strategic Plan. These include the provision of a wide range of rehabilitative programmes such as education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services and these programmes are available in all prisons and all prisoners are eligible to use the services.
This table shows the most recent figures available (March 2015) of the average prisoner participation in education and vocational training. It should be noted that a prisoner may participate in more than one activity.
|
Institution |
Education - Average Prisoner Participation in March 2015 |
Vocational Training - Average Prisoner Participation in March 2015 |
Average number in custody on March 2015 |
|
Arbour Hill |
97 |
98 |
140 |
|
Castlerea |
139 |
119 |
321 |
|
Cloverhill |
68 |
34 |
344 |
|
Cork |
145 |
90 |
217 |
|
Dochas |
64 |
29 |
115 |
|
Limerick |
122 |
45 |
239 |
|
Loughan House |
103 |
81 |
122 |
|
Midlands |
368 |
149 |
814 |
|
Mountjoy |
128 |
87 |
548 |
|
Portlaoise |
112 |
38 |
221 |
|
Shelton Abbey |
61 |
59 |
105 |
|
St Patrick's Institution |
99 |
24 |
10 |
|
Training Unit |
39 |
60 |
92 |
|
Wheatfield |
139 |
137 |
485 |
|
Total Average Participation |
1,684 |
1,050 |
3,773 |
512. Deputy Clare Daly asked the Minister for Justice and Equality her views on the amount of profits generated in each of the tuck shops in all of the prisons; if the profits are used to fund a hardship fund, or prisoner assistance programmes for some prisoners, or if the funds go to the general running costs of the prison; and if she will make a statement on the matter. [20460/15]
Amharc ar fhreagra513. Deputy Clare Daly asked the Minister for Justice and Equality the way the pricing policy in prison tuck shops is formulated and overseen. [20461/15]
Amharc ar fhreagraI propose to take Questions Nos. 512 and 513 together.
I am advised by the Irish Prison Service that profits generated in each tuck shop will vary across prisons in accordance with the local demand for the range of products selected and the prison population.
To ensure consistency and uniformity of Tuck Shop products across the prison network a Standard Product List has been implemented. Individual Governors can select the range of products available in their own prisons from this list in accordance with the following:
- Type of Prison
- Security
- Space Available
- Corporate knowledge of Prisoner requirements
Profits generated from prisoner purchases in the tuck shop are used to support prisoners through the Prisoner Assist Programme Fund (PAPF). At the end of each month, profits are transferred to the PAPF to facilitate hardship payments to prisoners and support other programmes and services for prisoners. In addition, initiatives such as the Red Cross Programme and the Community Return Programme are partly funded from these profits.
Funds generated through the Tuck Shop are not used to finance the general running costs of the prison. In addition, the costs associated with running the Tuck Shops are not deducted from any profit made, for example, staffing costs, provision of facilities and utility costs.
I am further advised by the Irish Prison Service that there is a Standard Pricing Policy in operation in the Irish Prison Service. This policy is to charge the Recommended Retail Price (RRP), as notified by the contracted supplier, in all prisons.
The prices charged are overseen by a Governors Sub Group who are responsible for the administration and changes to the Standard Product List.
514. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality the action she will take to reduce the legal costs associated with family law cases; her views on fees being charged in such circumstances; her plans to have discussions with the Department of Finance with regard to exempting such fees from value added tax; and if she will make a statement on the matter. [20513/15]
Amharc ar fhreagraThe Legal Services Regulation Bill 2011, which has completed Second Stage in the Seanad, gives legislative expression to the commitment in the Programme for Government to "establish independent regulation of the legal professions to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints". The Bill is, therefore, a key component of the Government's strategy to bring greater transparency to legal costs and to reduce their burden on consumers, including those involved in family law litigation. It is the intention to complete the Bill so that the new Legal Services Regulatory Authority will come into operation without delay this year.
The Bill makes extensive provision, in Part 10, for a new and enhanced legal costs regime that will bring greater transparency to how legal costs are charged. Legal practitioners, whether solicitors or barristers, will be obliged to provide more detailed information about legal costs from the outset of their dealings with clients. This will be in the form of a Notice written in clear language which must be provided when a legal practitioner takes instructions. Among other things, the Notice must, as set out in section 123 of the Bill, disclose the costs that are involved, or, where this is not reasonably practicable, the basis upon which such costs are to be calculated. A cooling-off period is to be allowed for the consideration of costs by the client. When there are any significant developments in a case which give rise to further costs, the Bill provides that a client must be duly updated and given the option of whether or not to proceed with the case in question. In addition, the Bill sets out that it will not be permissible for legal practitioners to set fees as a specified percentage or proportion of damages payable to a client from contentious business and that it will no longer be permissible for barristers to charge junior counsel fees as a specified percentage or proportion of Senior Counsel fees. VAT exemptions for fees in family law cases are not under consideration.
Under the Bill the current functions of the Taxing-Master will be taken over by the new Office of the Legal Costs Adjudicator, backed up, for the first time in legislation, by a set of Legal Costs Principles and published legal costs determinations. The Bill will also pave the way for the introduction of new business structures combining legal and other service providers so that they can combine to meet the needs of consumers in a more cost-effective way. In England and Wales, for example, greater cost transparency has been achieved and savings have been made by consumers in specific areas of family law since the introduction of these new legal business models.
In addition to these legal services and costs reforms there are other family litigation supports which deserve mention. The Deputy will wish to know that family law proceedings are, in fact, exempt from the payment of court fees. In terms of assisting those engaged in family law litigation who are most in need, it must also be recognised that family law continues to constitute the predominant area where the Legal Aid Board provides legal services. Of the cases handled by the Board in 2013, 85 per cent, that is to say 12,936 cases, were in the family law area. Moreover, since 2011, the Board also has responsibility for the Family Mediation Service, which is staffed by professionally trained and accredited mediators through a network of full- and part-time offices around the country.The service is currently free.
In general, as set out in Section 29(1)(b) of the Civil Legal Aid Act 1995, clients being provided with legal aid make a payment before they see a solicitor (an advice contribution) and a further payment before their solicitor represents them in court (an aid contribution). The amount of the payment is based on the person’s disposable income and, where their capital assets (excluding their family home) exceed €4,000, their disposable capital also. The minimum contribution is usually €30 for legal advice and €130 for legal aid. Most of the applicants for the Board’s services pay these minimum contributions. The service which the Board provides is a full service involving advice, representation (including in certain cases the services of legal counsel), implementation and enforcement. It should be noted that VAT is not paid on contributions.
In respect of the rare cases in which the contribution might be significant, section 28(4)(c) of the Civil Legal Aid Act 1995 specifically allows the Board to refuse legal aid where the contribution is likely to exceed the amount of fees which an applicant might be charged if he/she went to a private solicitor. In practice this provision has only rarely been applied as the costs of privately delivered services usually will exceed any contribution which might be charged.
In replying to the Deputy, I also understand that persons who apply for legal services to defend proceedings brought by the Child and Family Agency (TUSLA) to take children into state care or to supervise them in their own homes do not pay a contribution towards legal services. In addition, section 29(2)(b) of the Act provides that the Board can waive any contribution due, or accept a lower contribution, in cases where failure to do so would cause undue hardship to the applicant. In most family law cases involving persons who are in receipt of legal aid the usual practice is for the Court to make no order as to costs at the end of the case. This means that each party pays their own costs. In the unusual event that costs are awarded against the other party the Board is required to seek to recover its costs from the costs awarded and the person in receipt of legal aid is under an obligation to assist the Board in doing this.
Provision is also made under section 33(7) of the 1995 Act which can mean that if a person recovers any settlement monies these must be paid into the Legal Aid Fund. This is to enable the Board to recover the costs of providing the service to the legally aided person. If any property other than the person’s home is recovered or preserved it is subject to a charge in favour of the Legal Aid Fund. The Board will generally cap the solicitor’s fees element of any costs recovered from a person receiving legal aid in judicial separation and divorce cases at €5,000. It will not recover its costs from newly awarded maintenance, nor from maintenance arrears where the amount recovered is less than €3174.35. Section 33(8) of the Act provides that the Board can waive any money or property it is due under section 33(7) if not to do so would cause hardship.
515. Deputy Martin Ferris asked the Minister for Justice and Equality the grounds on which the Irish Naturalisation and Immigration Service has determined that persons (details supplied) are not fully self-sufficient in the State, or that they can remain self-sufficient into the future; and if she will put a stay on a deportation order issued against these persons, until that determination can be examined. [20518/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to separate notifications pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned have submitted written representations. These representations, together with all other information and documentation on file, will be fully considered, under 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, before final decisions are made in their immigration cases. Once such final decisions have been made, these decisions, and the consequences of the decisions, will be notified in writing.
I am advised also that the persons concerned, by letter dated 12th May, 2015, have been reminded of the option of returning voluntarily to their country of origin and that if they avail of that option, by a specified date, they will no longer face the risk of deportation. By doing so, they will also protect the right to return to this State at a future date, once they have established a valid basis for doing so. The Deputy will appreciate that persons subject of a Deportation Order would not be in a position to avail of this option.
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.
516. Deputy Derek Keating asked the Minister for Justice and Equality if she will investigate a situation whereby a person (details supplied) who applied to the central authority for maintenance recovery, for enforcement under Council regulation (EC) 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations from a person who is resident in the United Kingdom, and despite the fact that the relevant maintenance was granted in 2012, no payments have been actioned to date; and if she will make a statement on the matter. [20520/15]
Amharc ar fhreagraAs the Deputy will appreciate, it would not be appropriate for me to comment on an individual application under Council Regulation (EC) 4/2009. Such applications are facilitated by the Irish Central Authority for International Maintenance Recovery which is located in my Department. I understand that the individual involved in this matter has been in contact with the Irish Central Authority and that the Irish Authority is awaiting a response from the England and Wales Central Authority, who in turn are reliant on the UK Courts to act. I can assure the Deputy that the Central Authority continues to provide what assistance it can in this matter and will keep the applicant informed of developments in relation to her application.
517. Deputy Dominic Hannigan asked the Minister for Justice and Equality if consideration will be given to the deployment of extra gardaí to a town (details supplied) in County Meath; and if she will make a statement on the matter. [20522/15]
Amharc ar fhreagraAs 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 been informed by the Garda Commissioner that the personnel strength for Meath Garda Division on 31 March 2015 the latest date for which figures are readily available is 276. There are 105 Gardaí assigned to Ashbourne Garda District of which 16 Gardaí are assigned to Dunboyne Garda station. There are also 38 Garda Reserves and 25 Civilians attached to the Division.
The first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15 September 2014. As part of Budget 2015, a further intake of 200 recruits in two batches was announced. On 15 December 2014, the first 100 of these batches commenced their training. The remaining 100 entered the college in early February. This brought to 300 the number of recruits in the Garda College and is a measure of the Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The September intake were attested as members of the Garda Síochána in April 2015 and assigned to Garda Stations throughout the Country and the December intake will attest in Summer 2015. In addition, I have received sanction from the Minister for Public Expenditure and Reform for two further intakes of 125 Garda recruits later this year.
518. Deputy Gerry Adams asked the Minister for Justice and Equality when the examination into the new evidence recently provided by the Stardust Victims Committee will be completed; if she will provide an update by her Department on the investigation; and if she will make a statement on the matter. [20524/15]
Amharc ar fhreagraFollowing a meeting with the Stardust Victims Committee last year, I appointed an official in my Department to liaise with the Committee and they have engaged with representatives of the Committee in relation to these matters.
A researcher associated with the Committee has submitted material relating to these events to my Department and a meeting was held with that Researcher, and another person associated with the Committee, on 23 April. The material previously submitted and the matters raised at that meeting are being examined. The Committee has been informed that they will be contacted when this examination is completed.
I appreciate that the Committee are extremely anxious for this process to be completed, however, given the volume and complexity of the material to be examined it is important that an appropriate amount of time is afforded to its consideration. For that reason, other than to say the matter will be progressed expeditiously, I do not wish, at this time, to give a firm commitment as to a completion date where I cannot guarantee that it will be met.
I wish also to inform the Deputy that allegations raised by the Stardust Relatives' and Victims Committee and their representatives in relation to certain matters are the subject of an ongoing investigation by An Garda Síochána. I am informed, by the Garda Commissioner, that this is a complex investigation and, you will understand, I cannot do anything that might cut across this investigation.
519. Deputy Seán Kenny asked the Minister for Justice and Equality the Garda districts within the Dublin region that received additional gardaí, following the recent graduation of additional members of the force; and if she will make a statement on the matter. [20554/15]
Amharc ar fhreagraAs 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.
The first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15 September 2014. As part of Budget 2015, a further intake of 200 recruits in two batches was announced. On 15 December 2014, the first 100 of these batches commenced their training. The remaining 100 entered the college in early February. This brought to 300 the number of recruits in the Garda College and is a measure of the Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The September intake were attested as members of the Garda Síochána in April 2015 and assigned to Garda Stations throughout the Country and the December intake will attest in Summer 2015. In addition, I have received sanction from the Minister for Public Expenditure and Reform for two further intakes of 125 Garda recruits later this year.
The table sets out the distribution of newly attested Gardaí in the Dublin Metropolitan Region (DMR).
|
Division |
District |
Newly Attested Gardaí |
|
DMR East |
Dun Laoghaire |
5 |
|
DMR North |
Ballymun |
5 |
|
DMR North Central |
Store Street |
5 |
|
DMR South |
Tallaght |
5 |
|
DMR South Central |
Pearse Street |
5 |
|
DMR West |
Blanchardstown |
5 |
520. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she will receive an application for citizenship from a person (details supplied) in Dublin 15, a year earlier than the timeframe outlined in her Department's guidelines. [20588/15]
Amharc ar fhreagraSection 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must:
- be of full age
- be of good character
--have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years
- intend in good faith to continue to reside in the State after naturalisation
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
A foreign national who is married to, or is the civil partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in her absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.
An on-line residency calculator is available on the website www.inis.gov.ie which may be of assistance in establishing if the residency requirements are met. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements.
