Written Answers Nos. 21-40
21. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her views on the evidence provided to the historical institutional abuse inquiry in the North of Ireland that An Garda Síochána was aware that a person (details supplied) was a paedophile in 1973; the actions she plans to take following these revelations; and if she will make a statement on the matter. [27018/15]
Amharc ar fhreagraI am informed by the Garda authorities that the Commissioner has appointed a Detective Superintendent to conduct an in-depth review of Garda files and records in order to ascertain the facts surrounding the information referred to by the Deputy. This review is currently ongoing.
Insofar as the Historical Institutional Abuse Inquiry is concerned, the Deputy will appreciate, of course, that this is an independent statutory inquiry established by and reporting to the Northern Ireland Executive. This inquiry process is ongoing and any conclusions or findings of relevance to this jurisdiction will be studied as and when they are made, taking into account in particular the historical inquiries which have already been carried out in this jurisdiction.
22. Deputy Ruth Coppinger asked the Minister for Justice and Equality her views that the financial requirements in the guidelines for the granting of family reunification visas disadvantage younger persons who have not had the same opportunity to earn sufficient income; and if she will make a statement on the matter. [27056/15]
Amharc ar fhreagraParagraph 8:3 of the Family Reunification document states "...it is not proposed that family reunification determinations should become purely financial assessments. Nevertheless the State cannot be regarded as having an obligation to subsidise the family concerned and the sponsor must be seen to fulfil the responsibility to provide for his/her family members if they are to be permitted to come to Ireland".
This sets out the rationale for the policy very clearly. While economic considerations are not the sole criteria to be considered and there is always scope to look at exceptional circumstances, it is reasonable for the State to expect a person seeking to be regarded as a sponsor for another person's immigration to Ireland to demonstrate capacity to support them. Age does not change that principle. It should be noted also that this in no way prejudices the right of the person seeking to come to Ireland to apply in their own right through one of the various immigration channels open to them, for example as a student or employment permit holder.
I should say that the policy position set out above is in line with the family reunification policies of immigration regimes across the EU and of other developed countries worldwide.
23. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will provide an update on An Garda Síochána's investigation into the murder of a person (details supplied) at Cockhill in Buncrana in County Donegal on 25 May 1991; if she will meet with the family of this person to listen to their concerns and act on these concerns. [27015/15]
Amharc ar fhreagraThe murder of the person referred to by the Deputy, a Sinn Féin Councillor, was an utterly unjustifiable act of violence and I would like to express my sympathies to the victim's family. The murder was claimed by a loyalist paramilitary group.
While it is a matter of regret that no person has been convicted of this murder, the Garda investigation remains open and I can assure the Deputy and, indeed, the victim's family that any further lines of inquiry arising from new information from any quarter will be pursued fully by the Garda Síochána. I have sought a report from the Garda Commissioner on the latest position in respect of this case and I will communicate with the Deputy when it is to hand.
24. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality on the case of a person (details supplied), if the panel of barristers has reviewed all the papers and material it planned to examine in this case; the papers and material it has examined in view of the fact that the person's legal representative has failed to get clarity in this matter despite extensive correspondence with the Minister; if the panel of barristers has reported to her; if not, when the panel will report to her; and if she will make a statement on the matter. [27068/15]
Amharc ar fhreagraThe Deputy is referring to a person whose case is being considered by the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case.
The review of each complaint consists of an examination of the papers in the complaint by a counsel from the Panel. The person referred to by the Deputy, together with her legal advisors, have been advised that documentation held by the Department, or forwarded by the Department of the Taoiseach, has been referred to the Panel. Such documentation includes correspondence from complainants, any reports that might have been sought from An Garda Síochána to assist the Department in replies, any submissions to the Minister in relation to the case, and documents relating to previous reviews of the issues. They have also been advised that it is open to them to submit any further documentation relevant to their case.
While the independent review is at a very advanced stage, with recommendations returned to my Department in over 90% of the 320 cases that have been referred to them, I have not yet received counsel's recommendation in respect of the case of the person referred to by the Deputy. The volume and complexity of cases has led to the review taking longer than originally anticipated, but it is important that counsel take the time necessary to consider each case fully and carefully. Once I have received and considered counsel's recommendation I will notify this person of the outcome of the review of her case.
25. Deputy Catherine Murphy asked the Minister for Justice and Equality the dialogue she has had with the present Garda Commissioner since the commissioner's appointment concerning the deployment of Garda resources; if any of that dialogue has covered imbalances in Garda personnel deployment in the context of her remit to tackle worsening crime trends; if she will provide a breakdown of Garda deployment per district and division as per the most recent statistics available; and if she will make a statement on the matter. [27069/15]
Amharc ar fhreagraOne of the primary functions of the Garda Commissioner under the Garda Síochána Acts is to direct and control An Garda Síochána and as such, the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the Garda Regions, Divisions, and Districts. I have no direct role in this function. I can inform the Deputy that Garda management keep this distribution under continuing review taking into account crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
The specific information sought by the Deputy in relation to the breakdown of Garda deployment per Division and District is currently being collated and will be forwarded directly to the Deputy on completion.
26. Deputy Paul Murphy asked the Minister for Justice and Equality in view of the passage of the Assisted Decision-Making (Capacity) Bill 2013 through Dáil Committee Stage, her views on the ratification of the United Nations Convention on the Rights of Persons with Disabilities; if she will report on the work of her Department on the Interdepartmental Committee dealing with the Convention's ratification; and if she will make a statement on the matter. [27073/15]
Amharc ar fhreagraI refer the Deputy to previous answers on this issue on 16 April, 23 April and 19 May 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. My Department chairs the Interdepartmental Committee, which comprises representatives of the Departments of Foreign Affairs and Trade; Children and Youth Affairs; Finance; Education and Skills; Health; Defence; Environment, Community and Local Government; Public Expenditure and Reform; Communications, Energy and Natural Resources; Transport, Tourism and Sport; Arts, Heritage and the Gaeltacht; Social Protection; and the Office of Public Works.
The Deputy referred to the progress of the Assisted Decision-Making (Capacity) Bill 2013, which passed Dáil Committee Stage on 17 June 2015. Preparations are currently being made to bring the Bill to the Dáil for Report Stage, with a view to enactment later this year. The requirement to enact suitable capacity legislation has long been one of the core obstacles to ratification of the Convention and the progress made in this area is a testament to the Government’s commitment to meeting the obligations of the CRPD in a comprehensive and meaningful way. Progress is also being made on necessary reforms to legislation on sexual offences, and by my colleagues, the Minister for Health and the Minister of State for Primary and Social Care, on reforms to mental health legislation. Another key task which is underway involves examining how the important issue of Reasonable Accommodation can be achieved within our Constitutional framework as interpreted by the Supreme Court. Further measures required to enable ratification include amending unsuitable and outmoded language and in some cases, archaic legal provisions, in other legislation.
Once all legislative measures have been agreed by the Interdepartmental Committee, we will submit a Memorandum for Government setting out the roadmap to ratification and requesting approval for legislation to amend current obstacles to ratification. Once approved by Government, we will publish the roadmap, outlining the measures to be taken to overcome all outstanding barriers to ratification of UN CRPD, along with the estimated timescales involved.
27. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to amend the law to provide that court proceedings relating to the result of a referendum are given priority hearings and appeal hearings to avoid delays in enacting legislation to give effect to the will of the people, as expressed in the referendum; her views on the publishing of a marriage equality Bill; and if she will make a statement on the matter. [27019/15]
Amharc ar fhreagraThe law setting out the procedures for seeking leave to petition a referendum result is set out in the Referendum Acts. Section 42 of the Referendum Act 1994 provides that the validity of a provisional referendum certificate may only be questioned by a petition to the High Court, that a petition may not be presented unless the High Court has given leave to do so and that a person seeking leave must do so no later than seven days after the publication of the certificate in Iris Oifigiúil.
Section 44 of the Referendum Act 1994 provides that a petition must be lodged in the Central Office of the High Court not later than three days after the grant of leave by the High Court under section 42.
Section 46(2)(a) of the Referendum Act 1994 provides that in fixing the date for and conducting the trial, the court shall give the matter such priority as is reasonably possible.
Policy in relation to the Referendum Acts is a matter for my colleague, the Minister for the Environment, Community and Local Government.
The scheduling of court cases and the allocation of court business is a matter for the Presidents of the courts and the presiding judge who are, under the constitution, independent in the exercise of their judicial functions. The Presidents monitor waiting times across all court lists and seek to ensure the optimum use of court time.
Two separate parties sought leave to petition the result of the Marriage Referendum in the High Court. Those cases were heard on the 5th June by the President of the High Court, and leave was refused in each case.
Both applicants have since lodged appeals with the Court of Appeal and, pending the hearing of those appeals and subsequent order of the court, that Court has stayed the certification of the referendum result. The appeals are now scheduled to be heard on the 30th of July. It is my understanding that this is a priority appeal hearing.
Given that there is a stay on certification of the referendum result by the Returning Officer pending the hearing of those appeals in relation to the High Court's refusal of leave to petition the provisional referendum certificate, the Thirty Fourth Amendment of the Constitution (Marriage Equality) Bill cannot be signed into law at this point by the President in accordance with Article 46 of the Constitution. A Marriage Bill for the purposes of implementing the necessary legislative changes to give effect to the constitutional amendment set out in Thirty Fourth Amendment of the Constitution (Marriage Equality) Bill therefore cannot be published and introduced in the Dáil at this time. Depending on the outcome of the appeal process and the court's determination, I would expect, if appropriate, to bring a Marriage Bill to Government for approval and introduction into to this House as soon as possible thereafter.
28. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her views on the Central Statistics Office delay in publishing crime statistics following the publication of the Garda Inspectorate's crime investigation report; and if she will make a statement on the matter. [27017/15]
Amharc ar fhreagraFollowing the publication of the Garda Inspectorate Report on Crime Investigation last November, the Central Statistics Office temporarily suspended its publication of recorded crime statistics, while it carried out a detailed analysis of issues raised by the Garda Inspectorate in relation to the recording, classification and reclassification of crime. The timing and management of this process was a matter for the CSO to determine, as the independent national statistics agency. It will be appreciated, however, that it was important that the time be taken to do this in a thorough and professional manner.
I very much welcome the recent resumption of publication of crime statistics and am grateful for the CSO's detailed analysis of the how the issues identified by the Garda Inspectorate impact on the production of the official crime statistics. The analysis carried out by both the CSO and the Garda Inspectorate has identified common issues of concern in relation to Garda crime recording processes and systems. Following the publication of the Inspectorate’s report, An Garda Síochána took a number of important initiatives to address the issues identified in relation to the recording of crime, and the Commissioner has recently indicated that, arising from and building on this work, she expects a series of further new measures to be rolled out nationally later this year. It is essential that we have access to accurate, reliable data on crime, and the CSO will continue to work with An Garda Síochána to address the issues identified, and has indicated that it will repeat its analysis of the data quality issues at regular intervals.
29. Deputy Seán Kyne asked the Minister for Justice and Equality if she will provide the assignment, by division, of the 99 new gardaí whose passing-out ceremony took place on 23 April 2015 in Templemore in County Tipperary; when the next class of recruits will be assigned for the next phase of training; and if she will make a statement on the matter. [27052/15]
Amharc ar fhreagraThe Deputy will be aware that 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 February this year. The September intake attested as members of the Garda Síochána on 23 April 2015 and further attestations are scheduled to take place in July and September. I have received sanction for two further intakes of 125 Garda recruits later this year. This will bring the number of new recruits to 550 by the end of 2015. On attestation they will be assigned to Garda stations throughout the country by the Garda Commissioner taking account of crime trends and policing priorities so as to ensure the best possible use is made of these resources.
The following table sets out the distribution of newly attested Gardaí from 23 April 2015 in Garda Divisions around the country.
|
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 |
|
Cork City |
Anglesea Street |
5 |
|
Clare |
Ennis |
5 |
|
Louth |
Drogheda |
5 |
|
Laois |
Portlaoise |
5 |
|
Galway |
Galway |
5 |
|
Meath |
Navan |
5 |
|
Tipperary |
Thurles |
5 |
|
Kildare |
Naas |
5 |
|
Donegal |
Letterkenny |
5 |
|
Kerry |
Tralee |
5 |
|
Mayo |
Castlebar |
5 |
|
Limerick |
Henry Street |
5 |
|
Waterford |
Waterford |
4 |
|
Wexford |
Wexford |
5 |
30. Deputy Denis Naughten asked the Minister for Justice and Equality her plans to reform the current holiday visa system; and if she will make a statement on the matter. [26909/15]
Amharc ar fhreagraI refer the Deputy to my reply to Parliamentary Question No. 150 of 26 May, 2015. The position remains unchanged.
The Irish Naturalisation and Immigration Service (INIS) of my Department is constantly seeking ways in which the visa system may be developed to facilitate legitimate travel to the State for the purpose of tourism and business. In doing so, officials in INIS maintain regular close contact with relevant Government Departments and agencies. It is, however, important to emphasise , at the outset, that the vast majority of tourists visiting the State - over 96% - are from countries whose citizens do not require a visa to travel to the State e.g. the United Kingdom, other EU states, the United States, etc.
In July, 2011, the Government launched the first ever Irish Short-Stay Visa Waiver Programme. Under this Programme, tourists or business people who have lawfully entered the UK, including Northern Ireland, on a valid UK visa are able to travel on to Ireland without the requirement to obtain an Irish visa. The Programme covers eighteen countries including major emerging tourism and business markets such as China and India. The Programme has proven extremely successful leading to a 68% increase in visits from the countries covered by it from 2010 (the last full year before its introduction) and 2013.
Building on the success of this programme, negotiations took place with the United Kingdom authorities on the development of a reciprocal programme i.e. of also allowing visitors with an Irish visa to travel to the UK on the basis of that visa. These negotiations led to the establishment of the British Irish Visa Scheme which I launched, with the UK Home Secretary, in October last year. This Scheme was implemented in China later that month and in India in February of this year. The Scheme, which will supersede the Waiver Programme, allows visitors to travel to and around the Common Travel Area between Ireland and the UK, including the north and south of the island of Ireland, on a single visa. A formal joint review of the Scheme with the UK is due to be carried out shortly and both Governments have committed to the worldwide roll-out of the Scheme to be substantially completed by the end of this year. I am confident that this Scheme will build on and expand the growth in visitor numbers resulting from the original Waiver Programme.
In addition to these measures, a liberal multi-entry visa regime for business travellers and other regular visitors with a good visa history, has been implemented in the Irish Visa Offices in Beijing, Moscow, Abu Dhabi and New Delhi over the last few years. This regime allows for the issue of multi-entry visas for up to five years' duration for applicants with a good previous visa history.
I am satisfied that the existing visa regime continues to support and facilitate tourism growth from countries whose citizens are visa-required for travel to the State.
31. Deputy Paul Murphy asked the Minister for Justice and Equality her views on the rights of non-religious and minority faith persons, specifically in the context of a recent review of that issue by the United Nations Committee on Economic, Social and Cultural Rights. [27075/15]
Amharc ar fhreagraInsofar as my area of Ministerial responsibility is concerned, I can assure the Deputy that we are robust in our protection of the rights of non-religious and minority faith persons. We have strong legislative protection against discrimination on 9 grounds, including religious belief, in the Employment Equality Acts, which cover discrimination in the workplace, and the Equal Status Acts, which provide for protection against discrimination in the provision of goods and services. The legislation is designed to promote equality, prohibit discrimination – direct, indirect and by association – and victimisation, and allow positive action measures to ensure full equality across the nine grounds. Our legislation also provides for remedies for those who have suffered discrimination.
As the Deputy will be aware, Article 44 of the Constitution specifically protects religious freedom, along with the right to freedom of expression of convictions and opinions.
Questions relating to these rights in the context of the education system are a matter for my colleague, the Minister for Education.
32. Deputy Denis Naughten asked the Minister for Justice and Equality if she will have the case of the murder of a person (details supplied) independently reviewed; and if she will make a statement on the matter. [26910/15]
Amharc ar fhreagraThe callous and brutal murder of the person to whom the Deputy refers in his question was a terrible tragedy for his family. It was an affront also to this State as the person was killed in the course of his duty as a Garda.
As I have previously advised, the Serious Crime Review Team at the Garda National Bureau of Criminal Investigation has undertaken a review of the investigation of this murder. I am informed by the Garda Commissioner that the review is currently ongoing. In the circumstances I think it would be best to await the outcome of the Review Team's inquiries.
33. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will report on the recent attacks on prison officers while on duty; the measures that are being put in place to curb such instances; and if she will make a statement on the matter. [27078/15]
Amharc ar fhreagraThe health and safety of Irish Prison Service staff is a matter which is taken very seriously by me and the Director General of the Irish Prison Service.
Every assault on a member of staff is treated as serious and appropriate action is taken by the Prison Service, including the reporting of such assaults to an Garda Síochána for the purposes of investigation and criminal prosecution where appropriate.
Section 19 of the Criminal Justice (Public Order) Act 1994 specifically provides for assaults or threats to peace officers including prison officers acting in the execution of their duty. Any person who assaults or threatens to assault a peace officer in the execution of their duty is guilty of an offence and is liable on summary conviction to a fine or a term of imprisonment not exceeding 12 months or both or on convictions on indictment to a fine or to imprisonment for a term not exceeding 7 years or both. In addition, the Act allows for judges to impose such sentences consecutively on persons found guilty of such offences.
A number of the recent serious assaults are currently under investigation by the Health and Safety Authority. These investigations are in addition to ongoing Garda investigations in relation to all recent incidents.
Separately, the State Claims Agency are commencing a comprehensive review of the risks associated with prisoner on prison officer assaults in accordance with Section 8 of the National Treasury Management Agency (Amendment) Act, 2000. The Terms of Reference for this review include a root cause analysis and comparative international best practice.
I welcome this review which will assist in the formulation of a robust and systemic approach to minimise the risk of such incidents occurring.
I am also advised that a number of specific measures have also been introduced by the Irish Prison Service over recent months including the establishment of a Focus Group on Hospital Escorts and procedures which is reviewing the conduct of hospital escorts; the establishment of an implementation group to implement a number of actions including the purchase of personal protection equipment such as anti-stab vests, provision of training and the identification of high risk escorts; the undertaking of a trial in the use and application of new equipment including body worn cameras.
The Irish Prison Service will continue to review procedures and progress on an ongoing basis in order to ensure and improve staff safety.
34. Deputy Paul Murphy asked the Minister for Justice and Equality her plans on the passage of a marriage equality Bill through Dáil Éireann; and if she will make a statement on the matter. [27074/15]
Amharc ar fhreagraAs the Deputy will be aware, there is a stay on certification of the referendum result by the Returning Officer pending the hearing of two appeals by individuals to the Court of Appeal in relation to the High Court's refusal of leave to petition the provisional referendum certificate. This means that the Thirty Fourth Amendment of the Constitution (Marriage Equality) Bill cannot be signed into law at this point by the President in accordance with Article 46 of the Constitution. A Marriage Bill for the purposes of implementing the necessary legislative changes to give effect to the constitutional amendment set out in Thirty Fourth Amendment of the Constitution (Marriage Equality) Bill therefore cannot be published and introduced in the Dáil at this time. Depending on the outcome of the appeal process and the court's determination, I would expect, if appropriate, to bring a Marriage Bill to Government for approval and introduction into to this House as soon as possible thereafter.
35. Deputy Paul Murphy asked the Minister for Justice and Equality when the online appointment system for Garda National Immigration Bureau, promised for the end of the first quarter of 2015, will be brought on stream; and if she will make a statement on the matter. [27072/15]
Amharc ar fhreagraI should at the outset explain that the public office in Burgh Quay services two separate functions – one dealing with non-EEA nationals seeking to register and renew their permission to be in the State, a function which is currently being carried out by the Garda National Immigration Bureau (GNIB), and a separate function dealing with applicants for re-entry visas, which is carried out by the Irish Naturalisation and Immigration Service (INIS).
The introduction of an on-line appointment service for the re-entry visa process is at an advanced stage. Testing of the system is currently underway. It is expected to be in place shortly. I should emphasise that applications for re-entry visas may be made by post. There is no necessity to attend at the public office and I would urge all applicants to make full use of the postal service insofar as possible.
In common with the re-entry system, the immigration service is also planning to introduce an on-line booking system for appointments to register and apply for permission to be in the State. Naturally, it is important that there is coherence between the various services provided to persons using the public office whether they are provided by INIS or GNIB. Therefore, the experience of operating the re-entry visa appointment system will be examined to see if it can be adapted for the registration and permission to remain process also.
I should point out that within existing arrangements every effort is made to provide a customer friendly service for callers to the Burgh Quay offices. The GNIB Public Office is open from 8am to 9pm each Monday to Thursday and 8am to 6pm each Friday (excluding bank holidays). The office also remains open through lunchtime. Priority is given in the early morning period for particular categories including those coming here to work or conduct business, with tickets for persons registering their presence in Ireland for study-related purposes being allocated after 9am (special arrangements are in place for students during the period September – Mid November to cover the return to studies period). This is to minimise the amount of time persons at work are required to be away from their jobs. In addition, the GNIB with the assistance of the Garda Press Office has recently established a Garda website notification system for the purpose of assisting persons who are required to attend at Burgh Quay for registration. On three separate occasions during each day an announcement is posted on the Garda Website alerting customers to the number of available tickets remaining at the Burgh Quay public office for that day.
It is worth noting that the public immigration office In Burgh Quay receives in the region of 100,000 persons annually, making it one of the busiest public offices in the State.
36. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of reported and recorded incidents of life-threatening intentions against member of An Garda Síochána or members of the general public in each of the past six years to date; the action taken, or proposed action, to deal with this menace, which represents a serious challenge to the authority of An Garda Síochána and to the security of the State; and if she will make a statement on the matter. [27014/15]
Amharc ar fhreagraAs the Deputy will be aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics. I have requested the CSO to provide the available statistics in relation to recorded instances of threats along the lines referred to by the Deputy directly to him.
As the Deputy will appreciate, it would not be appropriate for me to detail the operational measures that the Garda authorities have taken or would take generally in relation to threats and members of An Garda Síochána. However, I can assure the Deputy that whatever protective and detection measures are deemed appropriate by the Garda authorities are of course taken. More generally, tackling serious and organised crime and addressing the harms it gives rise to at all levels in our community is a central policing priority, and An Garda Síochána has my full support for the strategies it has in place to give effect to this commitment. I should also say that while the criminal law in this area is being kept under ongoing review, there is a range of robust legislative provisions available to the Garda authorities in circumstances where threats or assaults are made against Gardaí.
37. Deputy Catherine Murphy asked the Minister for Justice and Equality the contact which has taken place between the European Commission and her Department concerning Ireland's infringement of the services directive in legal services; the position the Commission has taken on her Department's efforts to communicate to the Law Society the necessary measures for compliance; if she will release all documentation and correspondence between her Department and the Law Society concerning same; and if she will make a statement on the matter. [27051/15]
Amharc ar fhreagraAs I set out previously in my answer to Question 32 of 2nd April 2015 , the European Commission has expressed a concern to the Government that Ireland's current legal services advertising regime may be in breach of Article 24 of Directive 2006/123/EC ('the Services Directive'). In general terms, while the Directive permits certain restrictions on legal services advertising that are informed by the public interest, the Commission has found that some of the current restrictions being applied in this jurisdiction under existing law may be disproportionate. A letter of Formal Notice to that effect issued to the Government in October 2014. The issue of there being a possible infringement by Ireland is, therefore, being resolved under current Government policy as a matter of legislative reform rather than by direct correspondence with the legal professional bodies. Such correspondence does not, therefore, arise in this instance. The Government's vehicle for this reform is the Legal Services Regulation Bill 2011.
My Department is therefore engaged, under the normal procedures, in ongoing correspondence and consultations with the European Commission with a view to finding the appropriate balance between the exigencies of the Services Directive and those of Government policy. Such advertising refinements as may be agreed between the Government and the Commission in achieving that balance will be put forward by way of appropriate amendment to the Legal Services Regulation Bill.
By way of further explanation of the approach being taken, the Deputy will wish to note the key change that is already taking place under the Bill in relation to the advertising of legal services by legal practitioners. While, at the moment, the legal professional bodies regulate advertising by their members, under section 158 of the Bill it is the new and independent Legal Services Regulatory Authority that will be responsible for the making of regulations in this area. Moreover, this will be the case in relation to both solicitors and barristers. The resolution of a possible infringement of the Services Directive is, therefore, being approached by means of the drafting of appropriate adjustments to the existing advertising reforms of section 158 of the Bill that can meet the relevant policy concerns.
The Legal Services Regulation Bill is now before the Seanad having completed Seanad Second Stage on 13 May. It is anticipated, therefore, that any Government amendments being proposed to ensure advertising compliance with the Services Directive will be among those circulated for consideration for Seanad Committee Stage which I expect to take place in the Autumn. The intention is that the Bill be completed so that the new Legal Services Regulatory Authority can come into operation without delay this year.
38. Deputy Niall Collins asked the Minister for Justice and Equality if she is satisfied with the way the Garda Síochána Ombudsman Commission conducts its inquiries; if she is satisfied with the way it interacts with members of An Garda Síochána during these inquiries; and if she will make a statement on the matter. [27047/15]
Amharc ar fhreagraThe Garda Síochána Ombudsman Commission (GSOC) was established as a statutorily independent body, under the Garda Síochána Act 2005, to investigate complaints made against members of the Garda Síochána.
GSOC has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded. In order to enable it to carry out its functions effectively GSOC has been given extensive powers, similar to those which the Gardaí have, under the 2005 Act. These include powers relating to, for example, entry and search of any place pursuant to a warrant, arrest with or without a warrant, search of a person, detention and questioning, taking fingerprints, issuing a summons and the bringing of a charge against a person.
All allegations of criminal offences by Gardaí are investigated by GSOC's own investigators for which they have these full police powers.
GSOC may refer other complaints to the Garda Commissioner for investigation under the Garda disciplinary code, and it may maintain oversight of progress in those investigations. GSOC has the authority to make recommendations to the Garda Commissioner concerning disciplinary proceedings, and also to send a file to the DPP where it feels that the conduct under investigation may constitute an offence.
There is a mechanism in the 2005 Act for the independent investigation of a criminal investigation by GSOC. As the Deputy will know, following the recent tragic death of a serving Garda in Donegal who was the subject of a GSOC investigation, I requested the Chief Justice, in accordance with section 109 of the 2005 Act, to invite a judge to undertake an inquiry into the conduct of that investigation. Mr Justice Frank Clarke, Judge of the Supreme Court, was subsequently appointed to conduct this inquiry.
39. Deputy Sandra McLellan asked the Minister for Justice and Equality if she is aware that the United Nations Committee on Economic, Social and Cultural Rights in its recommendations referred to the need to prioritise the enactment of the Family Leave Bill 2014, and to introduce a statutory entitlement to paternity leave for all fathers; and if she will make a statement on the matter. [27365/15]
Amharc ar fhreagraI am aware that the United Nations Committee on Economic, Social and Cultural Rights, Committee in its recent country review recommended, inter alia, that Ireland expedites the enactment of the Family Leave Bill to ensure a statutory entitlement to all family-care related leaves, including paternity leave.
As already announced, the Government has approved the drafting of the Family Leave Bill to consolidate with amendments into one piece of legislation the current provisions regarding maternity, adoptive, parental and carer’s leave. As part of that exercise, active consideration is being given to the introduction of two weeks paid paternity leave - as announced previously by the Tánaiste and Minister for Social Protection.
40. Deputy Mary Mitchell O'Connor asked the Taoiseach if there are plans for the Central Statistics Office to update its census questions in order to collect accurate and specific information regarding persons who experience a combination of vision and hearing loss with an intellectual, physical, or other disability; and if he will make a statement on the matter. [27006/15]
Amharc ar fhreagraThe next census of population will take place on 24 April next year. This is a major undertaking for the Central Statistics Office and requires detailed forward planning in order for census enumerators to call at every home in Ireland to deliver in the region of 1.8 million census forms.
The CSO works hard to ensure that the information collected and provided from the census remains current, relevant and of maximum use to the public. It has been common practice in advance of each census to conduct a public consultation on possible new questions and changes to existing questions, which are then considered by a specially convened Census Advisory Group in advance of testing in the field in the form of a pilot survey of some 12,000 dwellings. Unfortunately given the very tight budget circumstances in 2013 and 2014, with constraints on resources right across the public sector, it was not possible to pursue this route for census 2016. Accordingly the 2016 census is being run as a ‘no-change’ census with the questions on the 2016 questionnaire remaining unchanged from those used in the 2011 census, with the exception of the question on marital status.
The format of the question on disability used in 2011, and being repeated in 2016, was agreed by the Census Advisory Group which was established to assist the CSO in developing the 2011 questionnaire. This group comprised representatives of central and local government, the social partners, universities, research bodies and other users of census data, along with the relevant CSO personnel. The group reviewed over 90 submissions for new questions or changes to existing questions during the course of their work. In addition a specific sub-group, comprised of representatives from the National Disability Authority, the Equality Authority, the Disability Federation of Ireland and the National Federation of Voluntary Bodies was convened to consider the disability-related questions on the census form. The current format of the disability question was tested successfully in the April 2009 Census Pilot Survey and the Government subsequently accepted the advice of the CSO and the Census Advisory Group to accept this format of the question.
The exact format of the question is outlined below, and persons can choose multiple categories of disabilities. As censuses of population are traditionally held at five-yearly intervals in Ireland it is intended that should there be a census in 2021 a full public consultation on the questions to be asked will be conducted in advance.
Q. 16. Do you have any of the following long-lasting conditions or difficulties?
(a) Blindness or a serious vision impairment Yes No
(b) Deafness or a serious hearing impairment Yes No
(c) A difficulty with basic physical activities such as walking, climbing stairs, reaching, lifting or carrying Yes No
(d) An intellectual disability Yes No
(e) A difficulty with learning, remembering or concentrating Yes No
(f ) A psychological or emotional condition Yes No
(g) A difficulty with pain, breathing, or any other chronic illness or condition Yes No
Q.17. If ‘Yes’ to any of the categories specified in Question 16, do you have any difficulty in doing any of the following?
(a) Dressing, bathing or getting around inside the home Yes No
(b) Going outside the home alone to shop or visit a doctor’s surgery Yes No
(c) Working at a job or business or attending school or college Yes No
(d) Participating in other activities, for example leisure or using transport Yes No.
