Written Answers Nos. 315-328
315. Deputy Clare Daly asked the Minister for Justice and Equality given the very serious backlog in the senior courts' ability to hear cases, the steps she proposes to take to resolve this matter and ensure the human rights of citizens are protected in cases where the person awaiting a hearing is incarcerated. [6555/16]
Amharc ar fhreagraThe Deputy will be aware that the scheduling of court cases and the allocation of court business is a matter for the respective 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. Available resources and operational and organisational structures in the Courts Service are kept under ongoing review to ensure resources are targeted and every effort is made to ensure waiting times are kept to a minimum.
I have been informed by the Courts Service that the Supreme Court would only deal with a small number of cases where the person awaiting a hearing is incarcerated. The Supreme Court has made significant progress in dealing with its backlog and has been engaged in a pro-active review and management of its total caseload under the direction of the Chief Justice. The Court's list is in transition following the establishment of the Court of Appeal in October 2014. I am informed that all priority legacy appeals have now been disposed of by the Supreme Court. The Court continues to sit in two panels to deal with new and legacy appeals. In addition, the Chief Justice assigns applications for leave under the new Constitutional jurisdiction to panels to assure the speedy determination of these applications.
In regard to the Court of Appeal, I am informed that the current waiting time for criminal appeals is approximately four months from the date on which the legal submissions of the appellant are lodged. Hearing dates are generally allocated at a List to Fix Dates session held every term and appeals are included in that list when legal submissions are filed. Criminal Appeals are actively monitored by the Court on an ongoing basis including a recent review of dormant appeals going back to 2012.
The President of the High Court assigned an additional High Court Judge to the Central Criminal Court on a full-time basis in October 2015 and the Courts Service assigned an additional registrar to support the work of this additional court. This has resulted in waiting times for trials to be listed in the Central Criminal Court reducing from an average of 18 months in September 2015 to the current waiting time of an average of 12 months.
It should be noted that delays in the hearing of cases can occur for a number of reasons which are outside the control of the courts and the Courts Service, e.g. the unavailability of a witness or where the parties or the legal practitioners may not be ready to proceed. This can give rise to adjournments which can have an impact on the time taken to complete the hearing of a case and on the number of cases which can be disposed of in a court sitting.
316. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the legislative changes necessary to ensure the ratification and implementation of the UN Convention on the Rights of Persons with Disabilities; and if she will make a statement on the matter. [6627/16]
Amharc ar fhreagraOn 21 October 2015, I published a roadmap to Ireland’s ratification of the United Nations Convention on the Rights of Persons with Disabilities, which outlines the considerable legislative changes to be undertaken to enable Ireland to ratify the Convention, along with the estimated deadline of end-2016 for ratification. The Roadmap to Ratification, which is available on my Department’s website, sets out the substantial legislative agenda required for ratification.
Considerable progress has already been made to overcome the barriers to Ireland’s ratification as identified in the Roadmap. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015, and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Bill 2015 was passed by the Seanad on 26 January this year. When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial.
Work is also under way on drawing up an Equality Disability (Miscellaneous Provisions) Bill to progress miscellaneous legislative amendments necessary to proceed to ratification. It is intended that the Bill will address issues such as the Convention's requirements in relation to reasonable accommodation and deprivation of liberty, as well as removing archaic references in existing legislation relating to mental health. The Bill will also amend section 4 of the Criminal Law (Insanity) Act 2006 to provide that in particular circumstances, the District Court will have jurisdiction to determine whether the accused person is fit to be tried, and it will provide for national mechanisms to promote, protect and monitor implementation of the Convention.
317. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the process of invigilation she will put in place to ensure the full implementation of the UN Convention on the Rights of Persons with Disabilities under Article 33 of the Convention; and if she will make a statement on the matter. [6628/16]
Amharc ar fhreagraWork is under way on drawing up an Equality Disability (Miscellaneous Provisions) Bill to progress miscellaneous legislative amendments necessary to proceed to ratification. The necessary legislative provisions to fulfil the requirements of Article 33 of the Convention will be included in the Bill, following consultations with relevant stakeholders.
The Department of Justice and Equality will be designated as the focal point within the Government. This is already in place at an administrative level. As indicated in the Government's roadmap to ratification, published in October 2015, the monitoring framework would include roles for both the Irish Human Rights and Equality Commission (IHREC) and the National Disability Authority (NDA). As the Independent Mechanism, the Irish Human Rights and Equality Commission would have the function to protect, promote and monitor the implementation of the Convention and to submit periodic independent reports to the UN. As Ireland’s National Human Rights Institution, the IHREC fully meets the required standard of independence in accordance with the Paris Principles. The NDA’s function would involve preparing independent assessments of progress, including the compilation of statistical information, which would inform the periodic independent reports of the Irish Human Rights and Equality Commission.
There will also be an active role for civil society and disability stakeholders in the monitoring process. The IHREC is specifically mandated in section 18 of the Irish Human Rights and Equality Commission Act 2014 to establish Advisory Committees and other methods of consultation with relevant agencies and with NGOs and other civil society interests. The Department of Justice and Equality also consults with the Disability Stakeholders Group. The group comprises both disability service users and disability service providers, and was set up to participate in monitoring and oversight of the National Disability Inclusion Strategy. In addition, the NDA can advise on effective ways to consult with people with disabilities and, if so requested, could also undertake consultation with people with disabilities to inform the reporting and monitoring process.
Taken together, these mechanisms provide a good basis for civil society to fully participate in the monitoring process, and consultation on the precise form of such involvement will continue.
318. Deputy Thomas P. Broughan asked the Minister for Justice and Equality to report on the status of the ongoing investigations by An Garda Síochána into the Stardust tragedy of 1981; and if she will make a statement on the matter. [6629/16]
Amharc ar fhreagraI am informed by the Commissioner of An Garda Síochána that a file has been submitted and is presently with the Office of the Director of Public Prosecutions in relation to further allegations pertaining to the Stardust disaster.
319. Deputy Thomas P. Broughan asked the Minister for Justice and Equality her plans to run a recruitment competition for the post of prison officer; and if she will make a statement on the matter. [6636/16]
Amharc ar fhreagraI am advised by the Director General of the Irish Prison Service that plans for a recruitment competition for the position of Recruit Prison Officer are currently under way, having regard to factors such as the level of retirements from the Irish Prison Service this year and in the coming years. Necessary arrangements being put in place include tendering for a provider to deliver the Accredited Level 6 Training in Custodial Care for New Recruit Prison Officers and an analysis of the Recruit Prison Officer job to reflect the current requirements of the Irish Prison Service.
Details of the recruitment campaign for the position of Recruit Prison Officer will be announced in due course.
320. Deputy Gino Kenny asked the Minister for Justice and Equality the number of refugees who have arrived here under the European Union refugee programme; and the schedule for future arrivals. [6666/16]
Amharc ar fhreagraThe Irish Refugee Protection Programme was approved by Government decision on 10 September 2015 in response to the migration crisis in Southern Europe. Under the programme, the Government has pledged to accept a total of 4,000 migrants into the State by the end of 2017, through a combination of the EU relocation mechanism established in 2015 to assist Italy and Greece (which Ireland voluntarily opted into) and the UNHCR-led refugee resettlement programme currently focused on resettling refugees from camps in Jordan and Lebanon. Within the figure of 4,000, approximately 2,620 will be asylum seekers taken in under the EU relocation mechanism and 520 will be resettlement programme refugees. The mechanism through which the balance of the 4,000 - approximately 860 people - will be brought to the State has yet to be decided by the Government.
Under the Resettlement part of the Programme, 163 refugees were admitted into the State from camps in Jordan and Lebanon in 2015 and a further 88 have arrived this year. The balance of the 520 programme refugees committed to thus far have been interviewed during a selection mission to Lebanon earlier this year and arrangements for their admission to the State are ongoing.
Under the EU relocation mechanism, 10 people have arrived in the State to date. This comprised a single Syrian family who were relocated from Greece at the end of January. Arrangements to bring in the next group, which at present numbers 31 people, are well under way and subject to security assessments this group is expected to arrive in the State within the next four weeks or so. While the numbers arriving so far under the EU relocation mechanism have been slow - for a variety of reasons outside of Ireland's control - it is expected that the pace of arrivals will increase in coming months as greater numbers of migrants apply for relocation under the EU mechanism.
The Deputy will also appreciate that the EU is dealing with a rapidly changing political landscape with regard to the migration crisis in Southern Europe and the situation is likely to remain fluid for a period. Accordingly, the timescales within which the total numbers committed to will eventually arrive in the State may fluctuate.
321. Deputy Gino Kenny asked the Minister for Justice and Equality to change the practice in direct provision which precludes asylum seekers from accessing kitchen facilities and cooking their own food. [6667/16]
Amharc ar fhreagraThe Deputy is no doubt referencing the report of the Working Group to Government in Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers, otherwise known as the McMahon Report. That Report documented some 173 recommendations, 100 of which have been addressed to some extent. Access to cooking facilities is referred to in one of the recommendations - 4.75.
The Terms of Reference of the Working Group indicated a two-way approach towards improving the life of persons within the asylum process by improving the application process and thereby reducing the length of time applicants spend in RIA accommodation and improving the quality of life of those in accommodation through improvements of services within the accommodation system itself but also the supports available through other agencies and bodies. The Terms of Reference also required that the overall costs arising from implementation of the McMahon Report would reduce or be cost neutral.
Major improvements in the length of time applicants spend in Reception and Integration Agency accommodation are anticipated following the implementation of the International Protection Act 2015. Also, the efforts made to address the situation of those who have been in the system for more than five years, another key recommendation in the report, is already impacting positively on the numbers of persons in accommodation centres. The Citizens Information Board, supported by a range of other State agencies, is currently providing information sessions within Reception and Integration Agency centres to former asylum seekers who have permission to stay in the State.
While the Reception and Integration Agency continues to explore ways in which accommodation services can be improved, a number of the more relevant recommendations in this area would require construction works which will require time and resources to implement. The McMahon Report (page 251) estimated that funding of €65 million would be required to implement the improvements during the period 2015-2019.
322. Deputy Gino Kenny asked the Minister for Justice and Equality the companies which provide food in the direct provision centres. [6668/16]
Amharc ar fhreagraIt is important to note that there are 35 accommodation centres contracted by my Department for the accommodation of those seeking international protection. While some of those centres are self-catering, the vast majority operate a direct provision service in line with Government policy.
I am unable to provide details of the companies which provide food in accommodation centres. My Department does not deal directly with any food supplier as this is a matter between the relevant supplier and the contractor in each centre. Food prepared daily in each centre is managed by the contracted service provider in line with the contract specification. Menus are developed for each centre taking into account the diverse nationalities of residents in each centre.
323. Deputy Catherine Murphy asked the Minister for Justice and Equality the details of each statutory instrument signed; each contract entered into; each tender issued; each tender awarded; each State board appointment made by her or by an agency of her Department from 1 January 2016 to date, in tabular form; and if she will make a statement on the matter. [6695/16]
Amharc ar fhreagraI wish to inform the Deputy that it has not been possible to provide the information requested in the time available. I will write to the Deputy directly when this information is to hand.
324. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the current number of members of An Garda Síochána serving in the Ardee and mid-Louth area; the number in 2011; if she will increase the current number; and if she will make a statement on the matter. [6758/16]
Amharc ar fhreagra334. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the status of the number of Garda Síochána serving in the Ardee and mid-Louth area; the number serving in 2011; if she will increase the number currently serving in the area; and if she will make a statement on the matter. [6883/16]
Amharc ar fhreagraI propose to take Questions Nos. 324 and 334 together.
As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Districts and as Minister, I have no direct role in the matter. Garda management keep this distribution of resources under continual review in the context of crime trends and policing priorities to ensure the optimum use is made of these resources.
Ardee District forms part of the Louth Division. I have been informed by the Garda Commissioner that on 29 February 2016, the latest date for which figures are readily available, there were 285 members assigned to this Division. I am further informed that on the same date, there were 35 members and 9 Garda Reserves assigned to Ardee Garda District. The District includes Castlebellingham, Collon and Louth Garda Stations. On 31 December 2011, there were 40 members and 6 Garda Reserves assigned to Ardee Garda District.
I am further informed that the work of local Gardaí in the Louth Division is augmented by a number of Garda national units which are assisting with covert and overt operations targeting prolific criminals and dissidents who reside within and outside this jurisdiction. Furthermore, there is ongoing liaison between An Garda Síochána and the Police Service of Northern Ireland under the auspices of an agreed Cross-Border Policing Strategy to continue the excellent levels of co-operation between both police services in addressing crime and terrorist activities in all its manifestations.
As the Deputy will appreciate it is vital that An Garda Síochána is renewed in order to ensure it has the capacity to provide effective and visible policing throughout the country. With this objective in mind, there have been seven intakes of Garda Trainees to the Garda College since it was reopened in September 2014, giving a total intake of 700. A further 450 will be taken in this year. So far, 395 of the new Garda Trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties in communities nationwide. The Garda Commissioner has informed me that 18 of these newly attested members have been assigned to the Louth Division. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí.
325. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 389 of 6 April 2016 and the status of a person (details supplied) in County Kildare, the information still outstanding, notwithstanding the submission of additional documentation on 1 February 2016; and if she will make a statement on the matter. [6762/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a copy of correspondence, outlining what documentation and information were required to further this application, was re-issued to the person mentioned by the Deputy on 15 February 2016. To date, the Residence Division of INIS is still awaiting the information and documentation requested.
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.
326. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality when she will ratify the UN Convention on the Rights of Persons with Disabilities; and if she will make a statement on the matter. [6766/16]
Amharc ar fhreagraOn 21 October 2015, I published a roadmap to Ireland’s ratification of the United Nations Convention on the Rights of Persons with Disabilities, which outlines the considerable legislative changes to be undertaken to enable Ireland to ratify the Convention, along with the estimated deadline of end-2016 for ratification. The Roadmap to Ratification, which is available on my Department’s website, sets out the substantial legislative agenda required for ratification.
Considerable progress has already been made to overcome barriers to Ireland’s ratification. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Bill 2015 was passed by the Seanad on 26 January this year. When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of people with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial.
Work is also under way on drawing up an Equality Disability (Miscellaneous Provisions) Bill to progress miscellaneous legislative amendments necessary to proceed to ratification. It is intended that the Bill will address issues such as the Convention's requirements in relation to reasonable accommodation and deprivation of liberty, as well as removing archaic references in existing legislation relating to mental health.
327. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on the distribution of Garda Síochána recruits (details supplied); and if she will make a statement on the matter. [6859/16]
Amharc ar fhreagraI am very much aware of the impact of crime on rural communities. The Deputy will appreciate that the allocation of Garda personnel to particular areas is a matter for the Garda Commissioner and as Minister, I have no direct role in the matter. I am assured that Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities to ensure the optimum use is made of these resources.
A carefully considered strategy has been developed to tackle crime, both rural and urban, which has strengthened the law and provided very significant investments to augment the capacity of An Garda Síochána to enforce the law effectively.
The Deputy will appreciate that it is vital that An Garda Síochána is renewed to ensure it has the capacity to provide effective and visible policing throughout the country. With this objective in mind, there have been seven intakes of Garda Trainees to the Garda College since it was reopened in September 2014 giving a total intake of 700 to date. A further 450 will be taken in during the remainder of this year, bringing to 1,150 the number of new gardaí who will have been recruited since the reopening of the Garda College in Templemore in September 2014. So far, 395 of the new Garda Trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties in communities nationwide. I have been informed that of these, 70 have been assigned to Garda Divisions in Munster and 15 to Connacht. It is expected that a further 300 trainee Gardaí will attest this year and it will be a matter for the Garda Commissioner to assign them as she considers appropriate.
I have made it a particular priority to strengthen our legislative provisions through the enactment of the Criminal Justice (Burglary of Dwellings) Act 2015 which is targeted at repeat burglars who have previous convictions and who are charged with multiple offences of residential burglary. I am very pleased that this new legislation is now available to support the concerted drive against crime which is being carried out by An Garda Síochána under Operation Thor.
The Garda authorities have reported very positive operational feedback since the launch of Operation Thor on 2 November 2015 and this has been underscored by the most recent quarterly CSO Recorded Crime Statistics. While these show an overall reduction in burglary of 5% for the 12-month period ending on 31 December 2015, there was a very significant reduction during the last quarter of the year with a recorded decrease of 26.2% compared to the same period in 2014. The concentrated Garda activity under Operation Thor has resulted in more than 16,000 anti-crime patrols and in the order of 20,000 targeted checkpoints nationwide. This has led to more than 1,000 burglary-related arrests, including the arrest of particular target suspects, and charges have been brought against numerous individuals. In addition to burglary, arrests have also been made for handling stolen property, possession of firearms and drugs offences, including arrests connected to crimes committed by mobile criminal groups.
Operation Thor delivers on increased investment in policing by this Government and marks a significant step-up in the Garda response to burglaries and related crime. In excess of €5 million is being specifically committed to support Operation Thor and includes funding for Garda overtime which will support a combination of additional patrols, checkpoints, rapid armed response and public awareness measures. Furthermore, since 2012, an overall amount of €34 million has been invested in the Garda fleet, with over 640 new vehicles coming on stream in 2015. This significant investment provides the Gardaí with additional high-powered vehicles, marked and unmarked patrol cars, and motorcycles for high-visibility road policing which will support important anti-crime strategies such as Operation Thor. Investment in a modern, effective and fit-for-purpose Garda fleet will continue under the Government’s Capital Plan 2016-2021 which provides €46 million for new Garda vehicles, ensuring gardaí can be mobile, visible and responsive on the roads and in the community. The Government is also investing in Garda airborne surveillance and enhanced technology and ICT systems. In fact, the Capital Plan 2016-2021 provides an additional €205 million for Garda ICT over the lifetime of the Plan.
In conclusion, I assure the Deputy that I remain in close contact with the Garda Commissioner with a view to ensuring that we continue to build on the early successes of Operation Thor and that communities in rural and all other areas of the country benefit from the improved legislation and increased investments in policing which have been put in place.
328. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of an application by a person (details supplied) in County Kerry for a spousal visa; and if she will make a statement on the matter. [6867/16]
Amharc ar fhreagraI am advised by officials in the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to by the Deputy was received by the INIS Visa Office in New Delhi on 17 November 2015. It is anticipated that a decision should issue on the case within the next four weeks and officials from INIS will contact the applicant with the outcome.
The Deputy may wish to note 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.
In addition, applicants may themselves e-mail queries directly to INIS at visamail@justice.ie.
