Written Answers Nos. 119-128
119. Deputy Brian Walsh asked the Minister for Justice and Equality her plans for the implementation of recommendations arising from the recent working group report on the direct provision system; and if she will make a statement on the matter. [39800/15]
Amharc ar fhreagraThe Report of the Working Group on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers which was published on 30 June 2015, contains 173 recommendations many of which have implications for a number of Government Departments and services. The Government recommended, when approving the publication of the Report, that it should in the first instance be the subject of a detailed discussion at the Cabinet Committee on Social Policy and Public Service Reform.
The Committee held its first discussion on the Report on 13 July, 2015. At this meeting the Committee agreed that my Department should prepare a report for the Cabinet Committee, in conjunction with relevant Departments, on the legal, financial and practical implications of the Report's recommendations. Relevant Departments were contacted seeking their views on the Report's recommendations, asking them to identify any impacts and issues that may arise and timescales for implementation. An analysis, based on observations received from the relevant Departments and agencies, of the recommendations contained in the Report of the Working Group has been prepared for the Cabinet Committee.
One of the key recommendations in the report which goes to the heart of the length of time people spend in Direct Provision is the early enactment of the International Protection Bill and in that regard, the Government has decided to bring forward as a major priority legislation which will provide for the introduction of a single applications procedure for international protection. This reform will simplify and streamline the existing arrangements and provide applicants with a final decision on their protection application in a more straightforward and timely fashion. This is aimed at addressing one of the key issues identified in the report, that is, the length of time persons remain in the direct provision system.
120. Deputy Michael Healy-Rae asked the Minister for Justice and Equality who is responsible for a Garda Síochána station (details supplied) in County Kerry that is closed; and if she will make a statement on the matter. [39871/15]
Amharc ar fhreagraI am informed by An Garda Síochána that Barraduff Garda Station is not closed. The opening hours of the station are 09:00 to 11:00 and 15.00 to 17.00, Monday to Friday, subject to manpower availability.
Should the group referred to by the Deputy wish to use facilities at the Station, I would advise that they contact local Garda Management, directly, in relation to the issue.
121. Deputy Ruth Coppinger asked the Minister for Justice and Equality given the signing of the Istanbul convention, if she will publish a timeframe for ratification of the convention; and her plans to implement the measures contained in it. [39797/15]
Amharc ar fhreagraThe signing of Istanbul Convention is an important milestone in the fight against domestic violence and violence against women. The Deputy will be aware that the Convention has a very broad scope across a number of policy areas with policy and legislative implications. The provisions of the Convention and the legislative and administrative arrangements that would enable Ireland to ratify the Convention have been identified following consultations with Government Departments and agencies. Last month I received Government approval to an action plan which, when implemented, will enable Ireland to ratify the Convention. This 18 point plan is published on the website of the Department of Justice and Equality and each action has a time frame. I also intend to include those actions in the new National Strategy on Domestic, Sexual and Gender-based Violence. I expect to publish the Strategy, which will cover a multi-year period from 2015, before the end of the year.
A range of legislative reforms will implement elements of the Istanbul Convention. These include the recently published Sexual Offences Bill, the Domestic Violence Bill, the Victims of Crime Bill, the Court of Appeal Act, 2015 and the Children and Family Relationships Act, 2015.
122. Deputy Ruth Coppinger asked the Minister for Justice and Equality her plans to sign the United Nations Convention on the Rights of Persons with Disabilities; and if she will make a statement on the matter. [39798/15]
Amharc ar fhreagraIreland signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2007 and is one of three EU member states yet to ratify. As the Deputy will be aware, Ireland is a dualist State, Article 29.6 of the Constitution providing that international agreements have the force of law to the extent determined by the Oireachtas. It is essential therefore that the State is in a position to meet the obligations it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland.
On 21 October 2015, Minister Fitzgerald and I published a roadmap to Ireland’s ratification of the CRPD, which outlines legislative changes to be undertaken to enable Ireland to ratify the Convention, along with the estimated timeframe involved. We also approved the drafting of an omnibus Bill to progress miscellaneous legislative amendments necessary to proceed to ratification, the Equality/Disability (Miscellaneous Provisions) Bill, the General Scheme of which will be published by the end of this year with a view to enactment in 2016.
The Roadmap to Ratification is available on my Department’s website. It sets out the considerable work currently underway to deal with outstanding barriers to Ireland’s ratification, including legislation governing decision-making capacity, mental health legislation, the law governing the administration of electro-convulsive therapy (ECT), amendments to the criminal law, and the removal of archaic and offensive references in legislation across Government Departments to persons being “of unsound mind”. Other hurdles include the resolution of the constitutional issue concerning reasonable accommodation, and ensuring that the Convention’s requirements are met in relation to deprivation of liberty. These, along with any outstanding miscellaneous legislative amendments, will be resolved in the Equality/Disability (Miscellaneous Provisions) Bill.
123. Deputy Clare Daly asked the Minister for Justice and Equality her views on the development of a code of ethics for the Irish Prison Service, against the backdrop of the signing of the Council of Europe code of ethics for prison staff; and if she will make a statement on the matter. [39811/15]
Amharc ar fhreagraI have consulted with the Director General of the Irish Prison Service in relation to a Code of Ethics and I have been informed that the Irish Prison Service has developed an Acceptable Behaviour Standard policy. I am advised that the purpose of this document is to set out the acceptable behaviour standard expected not only from its staff and managers but from the Irish Prison Service as an organisation. This policy, which has got the approval of the Representative Bodies, will be published in the coming days.
124. Deputy Tom Fleming asked the Minister for Justice and Equality if she will examine and expedite an application for citizenship by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [39829/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied.
A letter was recently issued to the person concerned requesting certain information. Upon receipt of the requested information the case will be further processed and will be submitted to me for decision as expeditiously as possible.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
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.
125. Deputy Gerry Adams asked the Minister for Justice and Equality if the additional 25 members of An Garda Síochána recently announced for County Louth will be retained permanently in the county; and if not, the duration of their deployment in County Louth. [39832/15]
Amharc ar fhreagraThe Deputy will be aware that the allocation of Garda resources, including personnel, is a matter for the Garda Commissioner, and that I as Minister have no direct role in the matter.
I am informed by the Garda Commissioner that the allocations of Gardaí is continually monitored to ensure optimal use of Garda human resources. This process is periodically reviewed in light of particular incidents of concern or challenges and it is in this context that the Commissioner has directed the allocation of additional Gardaí to the Louth Division.
I am advised that an additional 2 sergeants and 25 Gardaí have been allocated to the Louth Garda Division as an interim measure. These Gardaí have been transferred on a temporary basis from adjoining Garda Divisions and the Dublin Metropolitan Region to support the work of the 283 members of An Garda Síochána assigned to the Louth Division. Garda management will continue to keep the allocation of resources in Co Louth under continual review in the context of additional Gardaí becoming available for assignment as a result of Garda recruitment, crime trends, demographics and policing priorities so as to ensure that the best use is made of Garda resources.
The work of local Gardaí in the Louth Division is augmented by a number of Garda national units such as the National Bureau of Criminal Investigation (NBCI), the Criminal Assets Bureau (CAB) and the Garda National Immigration Bureau (GNIB). Organised criminal activity is currently being targeted by An Garda Síochána across a number of fronts, including the use of focused intelligence-led operations by specialist units such as the Drugs and Organised Crime Unit and CAB.
126. Deputy Gerry Adams asked the Minister for Justice and Equality the number of Garda Síochána vehicles currently in operation in County Louth; and the number of vehicles which were operative in the county for each of the years 2011 to 2014. [39833/15]
Amharc ar fhreagraDecisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources.
In that context I am informed by the Commissioner that the information requested in relation to the number of vehicles is as shown in the following tables:
2015 (to 10/11/2015)
|
- |
CARS |
VANS |
MOTORCYCLES |
4X4 |
OTHER |
TOTAL |
|
TOTAL |
40 |
6 |
1 |
1 |
3 |
51 |
|
ARDEE |
5 |
2 |
0 |
0 |
0 |
7 |
|
DROGHEDA |
14 |
1 |
1 |
1 |
1 |
18 |
|
DUNDALK |
21 |
3 |
0 |
0 |
2 |
26 |
2014
|
- |
CARS |
VANS |
MOTORCYCLES |
4X4 |
OTHER |
TOTAL |
|
TOTAL |
33 |
6 |
1 |
1 |
4 |
45 |
|
ARDEE |
5 |
3 |
0 |
0 |
0 |
8 |
|
DROGHEDA |
11 |
1 |
1 |
1 |
2 |
16 |
|
DUNDALK |
17 |
2 |
0 |
0 |
2 |
21 |
2013
|
- |
CARS |
VANS |
MOTORCYCLES |
4X4 |
OTHER |
TOTAL |
|
TOTAL |
30 |
7 |
2 |
1 |
4 |
44 |
|
ARDEE |
3 |
3 |
0 |
0 |
0 |
6 |
|
DROGHEDA |
11 |
1 |
2 |
1 |
2 |
17 |
|
DUNDALK |
16 |
3 |
0 |
0 |
2 |
21 |
2012
|
- |
CARS |
VANS |
MOTORCYCLES |
4X4 |
OTHER |
TOTAL |
|
TOTAL |
32 |
4 |
3 |
1 |
4 |
44 |
|
ARDEE |
5 |
2 |
0 |
0 |
0 |
7 |
|
DROGHEDA |
11 |
1 |
2 |
1 |
2 |
17 |
|
DUNDALK |
16 |
1 |
1 |
0 |
2 |
20 |
2011
|
- |
CARS |
VANS |
MOTORCYCLES |
4X4 |
OTHER |
TOTAL |
|
TOTAL |
35 |
4 |
5 |
1 |
4 |
49 |
|
ARDEE |
5 |
2 |
0 |
0 |
0 |
7 |
|
DROGHEDA |
12 |
1 |
4 |
1 |
2 |
20 |
|
DUNDALK |
18 |
1 |
1 |
0 |
2 |
22 |
127. Deputy Brendan Griffin asked the Minister for Justice and Equality the recourse available to a person who is denied the right to see an elderly mother who is in the care of another sibling; and if she will make a statement on the matter. [39834/15]
Amharc ar fhreagraUnder the Powers of Attorney Act 1996 an adult who has capacity may appoint an attorney under an enduring power of attorney to make decisions on his or her behalf in circumstances where the person loses capacity. The adult may give the attorney the authority to make personal welfare decisions which include decisions as to who the person may or may not see. If a carer has not been appointed as an attorney under an enduring power with such authority, the carer cannot deny access to the person he or she is caring for. Section 12(4) of the Powers of Attorney Act 1996 gives the court, on application to it by an interested party, the power to cancel the registration of an enduring power of attorney for any good and sufficient reason.
The legislation on enduring powers of attorney is being reformed in the context of the Assisted Decision-Making (Capacity) Bill 2013. The Bill will require attorneys to abide by the guiding principles of the Bill which ensure that the will and preferences of the person with capacity difficulties are given due consideration. The Bill will also require attorneys to be subject to supervision by the Director of the Decision Support Service who will have the role of registering enduring powers of attorney. The Bill was passed by Dáil Éireann on 21 October 2015 and completed second stage in the Seanad on 10 November 2015. My aim is to have this Bill enacted this year.
128. Deputy Clare Daly asked the Minister for Justice and Equality given the findings of the inspector of prisons that the vast majority of adult male prisoners, and all female prisoners, are accommodated in closed medium-security prisons, with only 8% of males in semi-open or open low-security accommodation, her plans to convert some of the existing accommodation to lower security arrangements. [39835/15]
Amharc ar fhreagraI am advised by the Irish Prison Service that currently there are no plans to convert some of the existing accommodation in the Irish Prison System to lower security arrangements. The Irish Prison Service and the Probation Service are committed, in their Joint Service Strategic Action Plan 2015-2017, to respond to the needs of women prisoners and pursue a dedicated approach to working with women offenders. As part of this a joint internal working group has considered an open centre for women and recommends that a practical and cost effective way to address this, is to pursue step down facilities for women. My officials are currently considering a number of accommodation options in relation to women prisoners, and accommodation issues in general in the context of recommendations of the Penal Reform Group which reported in 2014.
