Written Answers Nos. 131-43
131. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which he expects to be in a position to meet any requirements of upgrading the facilities throughout the Defence Forces in the coming year; and if he will make a statement on the matter. [25605/15]
Amharc ar fhreagraThe Department is engaged in an ongoing Building and Engineering (B&E) Programme designed to maintain, modernise and enhance the training, operational and accommodation facilities required by the Defence Forces. In addition to the major capital projects, there are ongoing minor works required to ensure the upkeep and repair of buildings and provide facilities generally for personnel. Funding for these works is provided through the Current provision.
132. Deputy Bernard J. Durkan asked the Minister for Defence the number of women serving in the Air Corps; the extent to which the numbers might be set to increase; and if he will make a statement on the matter. [25606/15]
Amharc ar fhreagraAs of 31 May, 2015, there are 32 whole-time equivalent posts filled by women serving in the Air Corps. The Government is committed to a policy of equal opportunity for men and women throughout the Defence Forces and to the full participation by women in all aspects of Defence Forces activities.
A number of specific initiatives have been implemented to increase female participation in the Defence Forces including:
- The introduction of best practices in recruitment, such as the adjustment of physical standards for female applicants;
- Special consideration is paid to women as a target group for recruitment;
- A balanced composition between men and women on recruitment and selection boards;
- All promotions and career courses are open to both sexes on merit and;
- A Gender Advisor has been appointed to promote gender equality policies and training within the Defence Forces.
I believe that a key issue in recruiting and retaining female personnel going forward lies in societal perception and attitudes to female soldiers and officers. I am hopeful that through continued engagement and communication, this perception will change over time.
133. Deputy Bernard J. Durkan asked the Minister for Defence the number of women currently enlisted in the Naval Service, at all ranks; and if he will make a statement on the matter. [25607/15]
Amharc ar fhreagraThe following table sets out the number of women in the Naval Service at all ranks as on 31 May 2015, which is the latest date for which figures are available. The Government is committed to a policy of equal opportunity for men and women throughout the Defence Forces and to the full participation by women in all aspects of Defence Forces activities.
A number of specific initiatives have been implemented to increase female participation in the Defence Forces including:
- The introduction of best practices in recruitment, such as the adjustment of physical standards for female applicants;
- Special consideration is paid to women as a target group for recruitment;
- A balanced composition between men and women on recruitment and selection boards;
- All promotions and career courses are open to both sexes on merit and;
- A Gender Advisor has been appointed to promote gender equality policies and training within the Defence Forces.
I believe that a key issue in recruiting and retaining female personnel lies in societal perception and attitudes to female soldiers and officers. I am hopeful that through continued engagement and communication, this perception will change over time.
|
Naval Service Rank |
Number of Females (31/05/2015) |
|
Lieutenant Commander |
5 |
|
Lieutenant |
17 |
|
Sub Lieutenant |
4 |
|
Warrant Officer |
0 |
|
Senior Chief Petty Officer |
0 |
|
Chief Petty Officer |
0 |
|
Senior Petty Officer |
0 |
|
Petty Officer |
6 |
|
Leading Seaman |
8 |
|
Sea Man |
19 |
|
Cadets |
1 |
|
Total |
60 |
134. Deputy Bernard J. Durkan asked the Minister for Defence the extent of the skills, technical and academic, currently available throughout the Defence Forces, in the Army, Naval Service and Air Corps; and if he will make a statement on the matter. [25608/15]
Amharc ar fhreagraThe extent and diversity of skills, both technical and academic, throughout the Defence Forces is extensive, matching the roles assigned to the Army, Air Corps and Naval Service. There are numerous different job descriptions depending on the particular appointment held. These descriptions range from trained soldiers, sailors, airmen, cooks, drivers, mechanics, paramedics, plumbers, electricians, military police and so on. This broad range of possible appointments requires specific technical and academic skills in order to accomplish both individual and collective tasks.
135. Deputy Clare Daly asked the Minister for Justice and Equality if an amendment proposed on Committee and Report Stages of the Legal Services Regulation Bill 2011 (details supplied) has come to her attention in the past 18 months; if she or her officials have obtained guidance with respect to the public procurement regulations that may be relevant; and if in that guidance and advice she is aware of legal obstacles to the implementation of the proposed amendment. [25487/15]
Amharc ar fhreagraThe Legal Services Regulation Bill completed its Dáil Stages on 22 April followed by the completion of Seanad Second Stage on 13 May. In this context, I would point out to the Deputy that the proposed amendments she has referred to, and which relate to the staffing of the new Legal Services Regulatory Authority, were not Government amendments and were, in fact, withdrawn.
At the same time, and as reflected in the very constructive manner in which the relevant amendments were withdrawn, it is to be acknowledged that the proposed reforms to the legal professional conduct regime under the Bill will have implications for a number of existing and appropriately skilled staff who currently deal with public complaints made through the Law Society and the Bar Council, respectively. I understand that eighteen to twenty full-time equivalent posts are in question. I am also conscious of the support given by Deputies, both independent and from across the Parties, to finding a workable solution which can reconcile the competing human resource, regulatory independence and other considerations involved, during their detailed discussion of these very aspects of the Bill during Dáil Committee Stage. As the Deputy will appreciate, I have also received, and continue to consider, representations on these matters from the legal professional bodies, from individual members of their staff and from trade union representatives.
I am, therefore, taking account of all of the concerns that are now in play as part of the ongoing consideration of the human and other resource aspects of the establishment of the new Legal Services Regulatory Authority and of the Legal Practitioners' Disciplinary Tribunal. As conveyed by the Deputy’s Question, these are matters which are not solely within my own purview but continue to be negotiated between my Department and the Department of Public Expenditure and Reform which has overall responsibility for policy in these areas. The outcome of these ongoing deliberations, which will take account of the legal and other aspects concerned, will inform those amendments relating to the staffing of the new Legal Services Regulatory Authority that I expect to bring, with Government approval, before the Seanad. The intention is that the Bill be completed so that the new Legal Services Regulatory Authority can come into operation without delay this year.
136. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding a meeting (details supplied); and if she will make a statement on the matter. [25483/15]
Amharc ar fhreagraI met with representatives of AdVIC (Advocates for Victims of Homicide) on the 19th of February, 2015 to hear from them first hand about their proposals for policy change and to discuss administration of the organisation. The ten issues outlined in the Deputy's Parliamentary Question of 10 February 2015 formed the agenda for the policy element of my discussions with the group. Having carefully listened to their proposals on the issues raised at the meeting, I explained my views to them.
Sentencing was the main issue discussed. I explained that the mandatory sentence for murder is life imprisonment, as provided by section 2 of the Criminal Justice Act 1990. I also explained that a sentence of life imprisonment means that the prisoner is subject to that sentence for the rest of his or her life. Such a prisoner has no right to be released early at any stage. If granted temporary release, the prisoner remains subject to the life sentence and can be recalled to prison at any time. Currently a person sentenced to life is, on average, likely to spend 17-18 years in prison before receiving any extended period of temporary release. This means that the imposition of multiple life sentences, whether concurrently or consecutively, in a case where more than one murder is committed in the same incident, does not increase the severity of the sanction and has no such effect in practice or in law.
On the offence of manslaughter, this does not attract a mandatory sentence but is punishable by a maximum of life imprisonment. I explained that the courts are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law and that an important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Criminal Appeal to review a sentence she regards as unduly lenient. I stated that I have no plans at present to amend the law to provide for a specific minimum term of imprisonment for murder or to replace the offence of manslaughter with offences of different degrees of murder.
In terms of bail law, a decision to grant bail in a particular case is a matter for the court, which is, subject only to the Constitution and the law, independent in the exercise of its judicial functions because of the constitutional presumption in favour of bail which arises from the fact that, in the eyes of the law, a person is innocent until proven guilty. The provisions of the European Convention on Human Rights also restricts the extent to which the right to bail can be limited.
As regards reform of the bail laws, I can inform the Deputy that the preparation of the General Scheme of a Bail Bill to modernise the law on bail is at a very advanced stage. Some revised provisions (adjusted to take account of the Attorney General's advice on the draft General Scheme) were sent to the Office of the Attorney General last month and a response is awaited. Following consideration of these issues it is expected that Government approval for the General Scheme will then be sought and the General Scheme will be published.
While the primary aim of the proposed Bail Bill is to consolidate and update bail law, I wish to take the opportunity to seek, as far as is possible, within the constraints of the Constitution and the jurisprudence of the European Court of Human Rights, to focus the legislation on the protection of the individual and of the public. The intention is that the new provisions will provide better guidance to the courts on how such protection might be provided. The new Bill will seek to improve the operation of the bail system and make the law as effective as possible in protecting the public against the commission of offences by persons on bail.
Finally, in terms of parole and release, I can advise the Deputy that proposals are currently being prepared to establish a Parole Board on a statutory footing.
In September 2014 I published the report of the Penal Policy Review Group which was tasked with carrying out a strategic review of penal policy. As an initial step, the Government agreed in principle in November 2014 to proceed with the implementation of a number of key recommendations, including the bringing forward of legislative proposals to establish a Parole Board on a statutory footing.
Work is underway on the preparation of a General Scheme and will be submitted to Government for consideration in due course.
137. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency in the case of a person (details supplied) in County Meath; if the passport in question will now be associated with the person's residency file; if further information is required; and if she will make a statement on the matter. [25609/15]
Amharc ar fhreagraIf the person whose details were supplied has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such applications for so long as they remain in the protection process.
Protection applicants are issued with a temporary residence permission pending a final determination on their application.
If an applicant's passport has been seized by customs officials this is a matter for the Customs Service of the Revenue Commissioners.
Applicants for protection or residency, or their legal representatives, are free to contact the relevant office of my Department if they have a query in relation to their application.
138. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied) in County Mayo; and if she will make a statement on the matter. [25610/15]
Amharc ar fhreagraIf the person whose details were supplied has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such applications until such time as they have fully completed the protection process.
Protection applicants are issued with a temporary residence permission pending a final decision on their application.
Applicants or their legal representatives are free to contact the relevant office of my Department if they have a query in relation to their application.
139. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status and eligibility for long-term residency in the case of a person (details supplied) in County Mayo; and if she will make a statement on the matter. [25611/15]
Amharc ar fhreagraIf the person whose details were supplied has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such applications until such time as they have fully completed the protection process.
Protection applicants are issued with a temporary residence permission pending a final decision on their application.
Applicants or their legal representatives are free to contact the relevant office of my Department if they have a query in relation to their application.
140. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status or eligibility for residency in the case of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [25612/15]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) that permission to remain and reside in the State was granted to the person concerned on 5 March 2012 pursuant to an application for Family Reunification. The person currently has permission to reside in the State until 2 July 2015.
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.
141. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if provision can be made for an appeal against a decision to deport in the case of a person (details supplied) in County Waterford; if the prevention of refoulement process is applicable in these circumstances; and if she will make a statement on the matter. [25613/15]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned, is the subject of a Deportation Order.
Representations were received from the persons' legal representative, pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.
With regard to the child of the individual concerned, I am advised that their case is at Leave to Remain Stage of the Process.
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.
142. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if long-term residency is available in the case of a person (details supplied) in County Westmeath; if an application for long-term residency might now be accepted in this person's case; and if she will make a statement on the matter. [25614/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), dated 3 July, 2013, the person concerned has submitted written representations.
These representations, together with all other information 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, in advance of a final decision being made.
The Deputy might wish to note that the person concerned has not, to date, provided the documentation requested in a letter to their legal representatives dated 16 January, 2014. This letter was re-issued on 20 October, 2014. The requested documentation should therefore be submitted to the relevant personnel in the INIS as soon as possible.
Given that the person concerned has no current right of residency in the State, they would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for Long Term Residency status.
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.
143. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if provision will be made for the regularisation of residency status and a review of the position in the case of a person (details supplied) in County Galway; if the case will be re-examined; and if she will make a statement on the matter. [25615/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that they are not aware of a deportation order in place for the person referred to by the Deputy. She was granted permission to be in the State on Stamp 4 permission on 15/7/2010 for a period of 5 years. It is now open to the person concerned to attend their local Immigration Office for the purpose of having their current permission renewed.
The Deputy will be aware that queries in relation to the status of individual immigration cases may be made directly to the INIS 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.
