Written Answers Nos. 311-320
311. Deputy Lucinda Creighton asked the Minister for Justice and Equality further to Parliamentary Question No. 294 of 23 September 2014, the number of outstanding bench warrants, by Garda division, for each year since March 2011 to date; the actions she has taken to reduce the outstanding number, in tabular form; and if she will make a statement on the matter. [41293/15]
Amharc ar fhreagraI have sought an up to date report from the Garda authorities in relation to the statistical information sought by the Deputy, and I will contact her directly when the Garda report is to hand.
312. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding the safety of pedestrians, and the provision of proper procedures for cyclists to be accountable for bad road behaviour; and if she will make a statement on the matter. [41308/15]
Amharc ar fhreagraAs the Deputy will appreciate, the issues raised in the correspondence in question in relation to the layout and provision of cycle tracks are matters for the relevant local authority.
I am advised that members of An Garda Síochána enforce road traffic legislation as it applies to cyclists as part of their normal duties on an ongoing basis. In addition to the day to day enforcement of relevant provisions of the Road Traffic Acts, breaches of the legislation are regularly targeted by way of specific Garda operations which take into account the interaction of cyclists, pedestrians and vehicular traffic. In this regard, and as part of the 2015 Dublin Metropolitan Region Roads Policing Operations Plan, there have been four dedicated pedal cycle enforcement days to date this year, the most recent on 8 November 2015, and the current ‘Safer Roads for Dublin’ initiative, which runs for the duration of October and November includes a particular focus on the breach of red lights by all road users, including pedal cyclists.
Where breaches of the road traffic legislation are detected, members of An Garda Síochána, depending on the circumstances, may deal with the incident by way of advice or caution or by initiating criminal proceedings. As the Deputy will be aware, certain specific offences by cyclists may now result in the issuing of a fixed charge notice, including for the offence of cycling without reasonable consideration.
313. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality her plans to increase custody capacity in line with the introduction of the Criminal Justice (Burglary of Dwellings) Bill 2015, and the possible increase in demand for custody space in prisons; and if she will make a statement on the matter. [41335/15]
Amharc ar fhreagraI wish to advise the Deputy that there are no plans to increase custody capacity in response to the introduction of the Criminal Justice (Burglary of Dwellings) Bill. As the Deputy is aware the Irish Prison Service collates and publishes the prisoner population breakdown, including those on temporary release, on a daily basis and this information is available on the Irish Prison Service website (www.irishprisons.ie).
On 20 November 2015 there were 3,735 prisoners in custody which is 94% of the Inspector's recommended total capacity of 3,982. Significant decreases in prison numbers have taken place. The overall daily average number in custody for 2014 was 3,915 compared to 4,390 in 2011, a decrease of 10.8%. The Deputy may wish to note that the number in custody reached a peak of 4,621 on 23 February 2011, on the 20 November 2015, there were 886 less prisoners in custody, a decrease of 19%.
The Fines (Payment and Recovery) Act 2014 provides that the Court imposing a fine shall take into account a person's financial circumstances. It further provides, inter alia, that where a person fails to pay a fine by the due date, the Court may make an attachment order to earnings as a means of recovering the unpaid fine. As a result of this legislation, it is expected that we will see a reduction in the number of committals to prisons on short sentences.
314. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if the practice of concurrent sentencing for very serious crimes is proving difficult for families of victims; if she has consulted with the Victims' Rights Alliance when drawing up legislation dealing with sentencing and bail conditions; and if including the opinions of victim advocate groups in legislation would facilitate a more transparent system. [41337/15]
Amharc ar fhreagraThe Deputy will appreciate that it would not be appropriate for me to comment on specific criminal sentences that have been imposed. In this regard the courts are independent in matters of sentencing and, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law.
In respect of sentencing, the position is that the law generally sets out the maximum sentence that can be imposed for an offence and it is then a matter for the court to decide the appropriate sentence in each particular case, taking into account all the circumstances. However, provision has also been made in legislation requiring the courts to impose custodial sentences consecutively in certain situations, including where offences are committed by persons on bail.
In addition, I would draw the attention of the Deputy to the Criminal Justice (Burglary of Dwellings) Bill 2015 which deals with the issue of multiple home burglaries and is currently before this House. In practice many burglary offences are committed by the same persons and the Bill will amend existing legislation to require a court which decides to impose custodial sentences for multiple domestic burglary offences committed within a 12 month window to impose such sentences consecutively. This Bill is being progressed very actively by the Government and I expect that it will be enacted during the current parliamentary session.
As regards bail conditions, the position is that in July the Government approved the drafting of a Bail Bill which will strengthen the operation of the bail system and make the law as effective as possible in protecting the public against crimes committed by persons on bail. This legislation is currently being drafted on a priority basis and it is my intention that the Bill will be published as soon as possible.
The new Bail Bill will contain a number of provisions to strengthen protection for victims. For example, in addition to any other bail condition that a court can impose, the Bill will provide that a court may require an accused person not to have contact with the victim of the alleged offence or any member of the victim’s family unless the contact is authorised by the court. I also propose to make specific provision in the Bill for victim evidence to be heard in bail proceedings in cases where there may be a likelihood of harm or intimidation to the victim or a family member of the victim.
Both I and my Department engage extensively with groups representing victims of crime. In this context I always consider carefully any proposals for legislative changes the groups put forward.
315. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if court day procedures are conducted in a sensitive manner from the point of view of victims and relatives of victims; if the practice of victims and their families often standing a few metres away from the alleged perpetrators of crimes in the foyer of the court building will be re-examined; and if she will make a statement on the matter. [41338/15]
Amharc ar fhreagraAs the Deputy may be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service. The Act provides that the Service is independent in the performance of its functions, including the provision of courthouse facilities.
However, in order to be of assistance to the Deputy, I have had enquires made and the Courts Service has informed me that it is acutely aware of the importance of ensuring that victims of crime and their relatives are treated in a sensitive and sympathetic manner while attending court. In this regard the Courts Service provides facilities including dedicated waiting areas for victims and victim support organisations in many courthouses. This requirement is built into the design of all new and refurbished courthouses.
I am further informed that the Courts Service, where requested, facilitates courtroom visits by victim support organisations prior to trials for familiarisation purposes. It also assists with access to the victim support areas within courthouses and, where possible, in serious criminal cases reserves seats in court for victims. In the Criminal Courts of Justice there is a dedicated area for witnesses to give evidence to the Court by video conferencing where appropriate.
The Courts Service accepts that in some courthouses, especially those which have not been refurbished, the facilities provided are not ideal but nevertheless, on advance notice, every effort is made by the Courts Service to accommodate the requirements of victims in so far as possible given the infrastructure of these buildings.
In addition, my Department funds 50 non-government organisations that provide support and assistance to victims of crime. A substantial amount of the funding provided is towards the provision of a court accompaniment service to victims of crime and their families attending court. Since 2005, it has allocated over €630,000 to Victim Support at Court who provide a court accompaniment service for victims and their families attending the Central Criminal Court. In addition to practical support for the court case, they also refer victims of crime, their families or witnesses to other support agencies or organisations as appropriate.
316. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality further to parliamentary question No. 165 of 13 October 2015, if she has responded to requests from the family of a person (details supplied) regarding a further widening of the investigation, given the emergence of new information in correspondence to her on 24 September 2015; when she will respond to the family; and if she will make a statement on the matter. [41339/15]
Amharc ar fhreagraThe particular case to which the Deputy refers is amongst those considered under 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, or other public representatives with a view to determining to what extent and in what manner further action may be required in each case.
The Panel established for that purpose has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. The issuing of notification letters to complainants commenced on 29 June. To date, 298 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants, including the case referred to by the Deputy, until the process is completed.
As regards the Deputy's reference to the possibility of widening the investigation, the process of the Independent Review was not a Commission of Inquiry or Investigation designed to make findings. The purpose of the review was to triage the complaints to establish whether there was any action which I could take to further resolution of that complaint. I have previously assured Deputies that where further investigation is recommended by the review then that will occur.
317. Deputy Terence Flanagan asked the Minister for Justice and Equality the status of the enactment of the mediation Bill; and if she will make a statement on the matter. [41348/15]
Amharc ar fhreagraThe Mediation Bill, which is currently being drafted in the Office of the Parliamentary Counsel, will introduce an obligation on solicitors and barristers to advise any person intending to commence legal proceedings to give consideration to using mediation as an alternative means of resolving disputed issues. It will also provide that a court may, following the commencement of any such proceedings, on its own initiative or at the request of a party to the proceedings, invite the parties to consider mediation as an alternative option and suspend the proceedings to facilitate that process.
I very much regret that it has not been possible to publish this Bill to date. This has been due to the extensive programme of progressive law reform undertaken by my Department in accordance with the ambitious targets set out in the Programme for Government. However, while it is not possible to give a specific date for publication of the Bill at this stage, I intend to proceed quickly with enactment of the Bill following its publication in due course.
318. Deputy Pearse Doherty asked the Minister for Justice and Equality the number of times the new legal measures to allow a debtor to challenge a bank's veto in insolvency arrangements have been used; the results in each case; and if she will make a statement on the matter. [41399/15]
Amharc ar fhreagraThe Deputy's question relates to section 21 of the Personal Insolvency (Amendment) Act 2015, which inserts into the Personal Insolvency Act 2012 a new section 115A introducing the opportunity for a person to apply for independent review by the Courts if their proposal for a PIA (Personal Insolvency Arrangement), including the mortgage on their home, is rejected by their creditors.
The Deputy will appreciate that as the review provision came into effect on 20 November, statistics on its operation are not yet available. My officials will, of course, be monitoring carefully the operation in practice of this important reform over the coming months.
The Deputy will recall that I signed a Commencement Order in September, bringing into immediate effect all the provisions of the Personal Insolvency (Amendment) Act 2015 which did not require changes to Rules of Court.
The remaining provisions, including the new Court review which is inserted by section 21 of the Personal Insolvency (Amendment) Act 2015, required changes to the Rules of the Circuit Court and High Court before they could come into effect. The relevant Rules changes (S.I. nos. 506/2015 and 507/2015) took effect from 20 November, and I am pleased to inform the Deputy that I signed an order on 18 November (S.I. no. 514/2015) commencing all the remaining provisions of the Personal Insolvency Act 2015, including section 21, with effect from 20 November.
319. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of criminal convictions for cyber crime, under the Criminal Damage Act 1991, the Criminal Justice (Theft and Fraud Offences) Act 2001, and the Data Protection Acts 1988 and 2003, for the years 2000 to 2015 to date. [41403/15]
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.
In relation to the matters referred to, I have requested the CSO to provide the information directly to the Deputy.
320. Deputy Seán Kenny asked the Minister for Justice and Equality the Garda Síochána districts in Dublin that received additional public order vans; and if she will make a statement on the matter. [41432/15]
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.
To date in 2015 the following Dublin Garda Districts have received Garda public order vans:
Public Order Vans
|
District |
Total |
|
Raheny |
1 |
|
Tallaght |
1 |
|
Blanchardstown |
1 |
|
Total: |
3 |
An additional 7 public order vans will be allocated to the Dublin Metropolitan Region once they are fitted out in early 2016.
