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Gnáthamharc

Tuesday, 28 Feb 2017

Written Answers Nos. 145 - 157

Prisoner Rehabilitation Programmes

Ceisteanna (145)

Jonathan O'Brien

Ceist:

145. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the resources allocated to reintegration services and supports for persons leaving the prison system. [9919/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Prison Service that the service is committed to managing custodial sentences in a way which encourages and supports prisoners in their endeavouring to live law abiding and purposeful lives as valued members of society. In order to achieve this aim the Irish Prison Service and the Probation Service have a multi-agency approach involving considerable resources devoted to offender management and rehabilitation from pre to post-imprisonment in order to support planned re-integration, reduce re-offending and improve prisoner outcomes.

Where the Courts have ordered the post-release supervision of offenders on completion of sentence, or in the case of life-sentenced prisoners released on reviewable conditional release by the Irish Prison Service, prison-based Probation Officers complete appropriate risk assessments to inform future case management. This case management is undertaken by Probation Officers in the community for the duration of the specified community sanction.

In addition the Prison Service provide a range of services to prisoners to enhance their chance of successful reintegration.

The Integrated Sentence Management process is a prisoner centred, multi-disciplinary approach to working with prisoners with provision for initial assessment, goal setting and periodic review to measure progress.

A primary function of the Psychology Service in prisons is to assist offenders address factors that place them at risk of re-offending including emotional regulation, mental health, substance abuse, sexual and violent offending. Where deemed clinically appropriate, the Psychology Service provides support to those who have been engaged with the Service who are transitioning between prison and community.

The guiding principle which underpins the Prison Education Service and the Prison Work and Training Service is to make available work, work-training, education and other purposeful activities to assist offenders cope with their sentence, achieve personal development and prepare for life after release.

The Chaplaincy Service provides pastoral and spiritual care to any prisoners who wish to avail of the service. The Irish Prison Service provides funding to the Irish Association for the Social Integration of Offenders (IASIO) for two operational services, the 'Gate' Service and the Resettlement Service.

The 'Gaining Access to Training and Employment' (GATE) Service is a vocational service that offers guidance counselling and placement supports to referred prisoners with the overall aim of securing a placement in training, further education or employment post-release. The Resettlement Service is a primary needs resettlement support service for prisoners with less than 18 months left to serve. The Resettlement Service provides one-to-one support from the prison to the community. Since 2007, the Irish Prison Service has engaged Merchant's Quay Ireland to develop and deliver an effective prison-based Addiction Counselling Service.

Local review meetings are held in prisons on a regular basis where a prisoner’s sentence progression is discussed. They are chaired by the Governor with the attendance of all members of the prison-based multi-disciplinary team. Elements of these review discussions include the risk of re-offending on release, risk of homelessness on release, and proposed supports pre- and post-release in the case of prisoners being assessed for early release.

The Community Return Programme is an incentivised early release scheme co-managed by the Irish Prison Service and the Probation Service. This involves an initiative whereby carefully selected prisoners can be granted reviewable temporary release coupled with a requirement to do community service work in a supervised group setting. In addition a Community Support Scheme has been introduced to reduce recidivism rates of short-term prisoners by arranging for additional support structures post release and by providing for a more structured form of temporary release.

The Irish Prison Service are actively engaged with senior management in the Department of Social Protection and Department of Housing, Planning, Community and Local Government with an overall aim of establishing a protocol between Departments for the case management of offenders who are at risk of homelessness in line with Pillar 1 of 'Rebuilding Ireland'.

A new release planning policy for the Irish Prison Service will shortly be put into place and will represent considerable improvements to current pre-release planning and practices in Irish prisons. This policy will address issues arising for the individual in custody under six key pillars: Housing/Accommodation Needs, Financial Supports, Healthcare, Public Safety and Statutory Requirements, Families and Personal Relationships, Education, Training and Employment.

Probation and Welfare Service Data

Ceisteanna (146)

Jonathan O'Brien

Ceist:

146. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the resources allocated to the Probation Service during each of the past seven years; and the number of persons the service worked with during each of those years. [9920/17]

Amharc ar fhreagra

Freagraí scríofa

The following table sets out the Probation Service's budget and the number of offenders that it dealt with in the community for the years 2011 to 2017.

Year

Budget Provision

€000

Number of offenders dealt with in the community

2017

€46,245

---

2016

€38,963

14,900*

2015

€38,326

14,927

2014

€37,295

15,134

2013

€38,119

15,984

2012

€40,171

15,080

2011

€41,253

14,845

*Note this is an estimated figure, the final figure will be published in the Probation Service's 2016 Annual Report in the coming months.

Departmental Strategies

Ceisteanna (147)

Jonathan O'Brien

Ceist:

147. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the resources required to fully implement the commitments contained in the second national strategy on domestic, sexual and gender based violence during the next three years. [9921/17]

Amharc ar fhreagra

Freagraí scríofa

The Second National Strategy on Domestic, Sexual and Gender-based Violence contains a range of legislative and administrative actions aimed at combatting domestic and sexual violence and its implementation is a priority for my Department. The strategy is a whole of Government approach, involving seven Government Departments and a number of State bodies, including Tusla and An Garda Síochána. Many of the strategy's actions can be delivered within current resource allocations. As stated at the time of the strategy's publication, it is intended that the strategy be a living document which will continue to be revised, added to and updated on an ongoing basis. The resourcing of additional actions will form part of the normal estimates process.

In so far as my own Department is concerned, the Deputy may wish to note I launched the national awareness campaign in November 2016 as part of the Second National Strategy. The overall aim of the campaign is to increase the awareness of domestic and sexual violence, to bring about a change in long established societal behaviours and attitudes and to activate bystanders with the aim of decreasing and preventing this violence. In order to run the campaign, I secured funding of €950,000 in each of the years 2016 and 2017 and an additional €200,000 has been awarded under the Dormant Accounts Fund for the years 2016-2017 to deliver the message of the national campaign on a local level through media partnerships with service providers across the country.

Departmental Reports

Ceisteanna (148)

Jonathan O'Brien

Ceist:

148. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to allocate funding for a second SAVI report. [9922/17]

Amharc ar fhreagra

Freagraí scríofa

A second Sexual Assault and Violence in Ireland study (SAVI 2) would show the prevalence of and attitudes to sexual violence and elucidate how the experience has changed since SAVI 1. The overall cost of a report is likely to be in the order of €1 million over three years. A formal proposal submitted by the Dublin Rape Crisis Centre recognised that, given the significant budget, funding would be divided between four Departments - the Departments of Justice and Equality, Children and Youth Affairs, Education and Skills, and Health. I wrote to the relevant Ministers on this matter and expressed my support for the project. The responses received make the viability of funding the project, as proposed, unlikely.

However, my Department continues to investigate the financial feasibility, resource implications and approaches to identifying a ring-fenced funding stream for undertaking a SAVI 2 study and to explore obligations with regard to requisite public procurement arrangements. While I strongly recognise the value of further research in this area, I am sure the Deputy will accept that the right balance must be struck between the funding of front-line services and funding research. I will, however, continue to pursue this matter.

In the meantime, there are other sources of statistics that can be accessed. The European Union Agency for Fundamental Rights (FRA) 2014 pan-European survey report on violence against women provides details of the prevalence of sexual violence by a partner or non-partner experienced by those women surveyed who are resident in Ireland. Discussions have begun at a Eurostat level to explore the possibility of some form of replication of the FRA survey. There is also the recent (June 2016) pan-European Eurobarometer survey on perceptions, attitudes and awareness of gender-based violence. Figures on sexual violence in Ireland are also available from the Dublin Rape Crisis Centre, the Rape Crisis Network Ireland, the Central Statistics Office/An Garda Síochána, the Courts Service and Sexual Assault Treatment Units.

In addition, the Central Statistics Office are to explore the feasibility of including a module on sexual violence in its next roll-out of its crime and victimisation survey. If it becomes an ongoing element of data gathering in CSO’s crime and victimisation survey, the information gleaned from this work will provide indications of trends over time of peoples’ experiences of such violence.

Garda Resources

Ceisteanna (149)

Jonathan O'Brien

Ceist:

149. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the resources allocated to the Garda National Protective Services Bureau during each of the past five years. [9923/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Units and I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.

The Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021 envisages a range of actions to be implemented by State, voluntary and community sector organisations aimed at preventing and responding to domestic, sexual and gender-based violence. An Garda Síochána is committed to supporting this strategy, and in 2015 a number of Garda units were brought together to leverage their experience and expertise in investigating serious crimes against the person including sexual offences to form the Garda National Protective Services Bureau (GNPSB).

The GNPSB is a specialist team dedicated to making sure each and every complaint relating to child protection, human trafficking and domestic and sexual violence is thoroughly investigated and handled correctly. In addition, the GNPSB is responsible for working with other agencies to manage sex offenders in the interest of community safety. As part of the Garda Commissioner's Modernisation and Renewal Programme 2016-2021 Protective Services Units (PSUs) are to be established in every Garda Division with specially trained staff. These PSUs are to ensure a consistent approach to domestic abuse and sexual crime, which will be supported by the national Bureau. The PSUs will work with the Garda Victim Service Offices in their area to ensure that the needs of victims are adequately catered for.

I am advised by the Commissioner that these Divisional PSUs are being rolled-out in two phases. Phase 1 involves the establishment of three Units over a 12-month period on a pilot basis. The pilot Divisions that have been identified are the Dublin Metropolitan Region West, Cork City, and the Louth Division. The assessment of this pilot phase will inform the further roll-out to each Garda Division.

I am informed by the Commissioner that as of 31 January 2017, the latest date for which figures are available, there were 29 members and 8 civilians assigned to the GNPSB. As the GNPSB was only formed in 2015 when a number of Garda units were brought together it is only possible to provide figures for 2015 and 2016. For the Deputy's information, I have set this out in the following table:

Strength of Garda National Protective Services Bureau

-

Garda

Civilians

31 December 2015

29

4

31 December 2016

29

8

Magdalen Laundries Report

Ceisteanna (150)

Jonathan O'Brien

Ceist:

150. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the cost to implement the 2013 proposals from a person (details supplied) on restorative justice. [9924/17]

Amharc ar fhreagra

Freagraí scríofa

This question relates to the proposals put forward by Mr. Justice Quirke in his 2013 report following from the earlier publication of the report of an Inter-Departmental Committee, chaired by then Senator Martin McAleese, which had been set up to establish the facts of the State's involvement with the Magdalen Laundries. The principal outcome of the Quirke report was the setting up of the Magdalen Laundries Restorative Justice Ex Gratia Scheme under the auspices of my Department. That scheme covers the 10 different institutions referenced in the McAleese report as well as the laundry that was attached to Stanhope Street Training School and the Training School in Summerhill.

To date, awards have been made to 669 women under the ex-gratia scheme at a cumulative cost to the the Justice Vote just over €25m. A further €254,000 has been paid to solicitors who advised applicants before signing the waiver.

These sums specified above do not include other proposals made in the Quirke relating to pensions and medical costs which are borne on the Votes of the Departments of Social Protection and the HSE respectively, details of which I do not have. The specified sums also do not include the staffing and administration costs of the dedicated unit set up in my Department to administer the ex-gratia scheme nor do they cover funding to the Irish Women Survivors Support Network (IWSSN).

There is not, as yet, a closing date for applications under the scheme but there is no indication that many more applications will be made. When the scheme is finally closed, an overall assessment of its cost involving all Government agencies will be made.

Human Rights

Ceisteanna (151)

Jonathan O'Brien

Ceist:

151. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the actions her Department has taken to fulfil its public sector duty obligations. [9925/17]

Amharc ar fhreagra

Freagraí scríofa

Section 42 of the Irish Human Rights and Equality Commission Act 2014 outlines a positive duty on public bodies to have regard to the need to eliminate discrimination, promote equality and protect the human rights of staff and the persons to whom services are provided. It also requires public bodies to carry out an assessment of the human rights and equality issues relevant to their functions and purpose and to set out the policies, plans and actions in place or proposed to be put in place to address those issues.

My Department's Statement of Strategy 2016-2019 was published on 14 February which commits the organisation to carrying out the necessary assessment. This will be completed as quickly as possible, following which the relevant actions will be set out and put in place, including enhanced staff training and information as appropriate.

Wards of Court

Ceisteanna (152)

Jonathan O'Brien

Ceist:

152. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to review all current wards of court; and the timeframe during which this will happen. [9926/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, the Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015. The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties and is being commenced on a phased basis. It is intended that significant progress will be made in 2017 on the implementation of the new decision-making support options provided for in the Act.

The specific decision-making supports available under the Act to adults with capacity difficulties are decision-making assistants, co-decision-makers and decision-making representatives who will be supervised by the Director of the Decision Support Service. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission must be put in place before the substantive provisions of the Act come into force. A high-level Steering Group comprised of senior officials from my Department, the Department of Health and the Mental Health Commission is overseeing the establishment and commissioning of the Decision Support Service.

In relation to Wards of Court, the Act provides that adults currently in wardship will transition to the new decision-making support arrangements provided for in the Act on a phased basis over 3 years from the commencement of Part 6 of the Act. Once Part 6 is operational, each ward will be reviewed by the wardship court in accordance with the new system. A ward who is found to have capacity will be discharged from wardship. A ward who continues to have capacity needs will be discharged from wardship and offered the decision-making support option most appropriate to his or her needs. The new support options must be operational before the Lunacy Regulation (Ireland) Act 1871 can be repealed and the transition for wardship can commence. In the interim, capacity cases will continue to be dealt with by the wardship court.

Road Traffic Offences

Ceisteanna (153)

Jack Chambers

Ceist:

153. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality if a private firm will be engaged to examine the samples taken from motorists as part of roadside drug testing which is to be commenced in Easter 2017; if so, the details of the firms engaged; if there was a tender process; the way this company was selected; and if she will make a statement on the matter. [9961/17]

Amharc ar fhreagra

Freagraí scríofa

I have requested a report from the Garda authorities in relation to the information requested by the Deputy and I will contact the Deputy directly upon receipt of the relevant information.

The following deferred reply was received under Standing Order 42A:

I refer to Parliamentary Question No. 153 of 28 February 2017, in which the Deputy asked 'if a private firm will be engaged to examine the samples taken from motorists as part of roadside drug testing which is to be commenced in Easter 2017; if so, the details of the firms engaged; if there was a tender process; the way this company was selected'.

As he will recall, the information requested could not be obtained in the time available and I undertook to contact you again when it was to hand.

I am informed by the Garda authorities, that under section 37 of the Road Traffic Act, 1968, responsibility for the testing for intoxicants in samples provided by persons suspected of driving under the influence of an intoxicant rests with the Medical Bureau of Road Safety (MBRS), an independent statutory body.

I am further advised that responsibility for the approval, supply and testing of equipment for indicating the presence of drugs in oral fluid also rests with the MBRS which, as a public entity, is subject to public procurement guidelines, relevant legislation and EU Directives.

I hope this information is of assistance.

Departmental Staff Remuneration

Ceisteanna (154)

Niall Collins

Ceist:

154. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality the cost of implementing a living wage of €11.50 per hour for all employees directly employed by her Department, or by agencies funded by her Department; and if she will make a statement on the matter. [10104/17]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that based on current staffing figures, the additional annual salary cost to my Department of implementing a living wage of €11.50 per hour is estimated to be €1,085,377.71 for 344 staff.

These figures include bodies under the aegis of my Department with the exception of An Garda Síochána. I have asked An Garda Síochána to provide the information directly to the Deputy as soon as it is available.

The following deferred reply was received under Standing Order 42A.

I refer to your Parliamentary Question No. 154 for answer on Tuesday, 28 February 2017, "To ask the Tánaiste and Minister for Justice and Equality the cost of implementing a living wage of €11.50 per hour for all employees directly employed or in agencies funded by her department; and if she will make a statement on the matter." At the time the then Minister responded that I would request the information from the Garda Commissioner and have it forwarded directly to the Deputy.

I am informed by the Garda Commissioner that the cost of implementing a living wage of €11.50 per hour to employees in An Garda Síochána is approximately €8,335 per week for 245 people.

I hope this information is of assistance.

Immigration Policy

Ceisteanna (155)

Seán Crowe

Ceist:

155. Deputy Seán Crowe asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the fact that the European Commission, in December 2016, recommended that member states resume sending asylum seekers who first entered the EU in Greece back to Greece from March 2017; and the exact date that this will start happening. [10146/17]

Amharc ar fhreagra

Freagraí scríofa

On 8 December 2016, the European Commission issued a Recommendation to Greece proposing the gradual resumption of transfers to Greece under the Dublin Regulation. The gradual nature reflects the ongoing migratory pressures faced by Greece and the challenges which still exist in the Greek asylum system, particularly in relation to reception conditions, the treatment of vulnerable applicants and the timeframe for the processing of applications. The Recommendation further sets out that transfers to Greece should only be resumed on the basis of individual assurances for each returnee to be given by the Greek authorities with a guarantee that they will be treated with dignity. Guarantees must also be given that the applicant will be treated in accordance with EU law. No transfers of unaccompanied minors are foreseen for the time being. The resumption of transfers is not to be applied retroactively and will only apply to applicants who have entered Greece irregularly from 15 March 2017 onwards or for whom Greece is responsible from this date under the Dublin Regulation criteria.

A team of Member States’ experts will be established by the European Asylum Support Office (EASO) to report on whether or not the applicants to be transferred back to Greece are being treated in accordance with the guarantees received from Greece. The Commission will regularly monitor progress on the implementation of these recommendations and has indicated that it will issue further recommendations if required. The Recommendation notes that exclusive competence for the decision in respect of transfers to Greece rests with the individual Member States’ authorities under the control of the courts, which may make preliminary references to the European Court of Justice on the interpretation of the Dublin Regulation.

Immigration Data

Ceisteanna (156)

Noel Rock

Ceist:

156. Deputy Noel Rock asked the Tánaiste and Minister for Justice and Equality the current waiting time for stamp 4 visa applications; the actions her Department is taking to decrease waiting times; and if she will make a statement on the matter. [10171/17]

Amharc ar fhreagra

Freagraí scríofa

I understand that the Deputy's question relates to an EU Free Movement application.

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is a significant caseload on hands across a number of EU Treaty Rights processing streams. INIS endeavours to process all such applications within the six month statutory timeframe as set out under the provisions of the European Communities (Free Movement of Persons) Regulations 2015. Some cases may require additional checks and accordingly, processing times may vary. If the Deputy has specific details of an individual case, it will be possible to provide more definitive information.

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 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.

Immigration Controls

Ceisteanna (157)

Noel Rock

Ceist:

157. Deputy Noel Rock asked the Tánaiste and Minister for Justice and Equality the number of times the INIS online appointment booking system for immigration registration has crashed or gone offline since it was launched in September 2016; and if she will make a statement on the matter. [10172/17]

Amharc ar fhreagra

Freagraí scríofa

I am informed by officials in the Irish Naturalisation and Immigration Service of my Department that the new Appointment Management System (AMS) was introduced in September 2016. Since then, over 42,000 appointments have been made. This system brought an end for the need for customers to queue at the Burgh Quay offices for registration purposes. The autumn is the busiest period in the office and over 2,000 more appointments were made in autumn 2016 as compared to autumn 2015. During the first quarter of 2017, an additional 2,500 appointments were offered, as compared to the same period in 2016.

At the launch of the AMS back in September there was a minor technical issue with the design of the system and it was taken off line for four days while this was rectified. Apart from that there was one outage of two hours in October and two others for a matter of minutes. It should be noted that the system operates on a 24 hour, seven days a week basis and apart from scheduled maintenance on one Saturday each month, it has had over 95% availability since 'go live'.

INIS advises applicants to book an appointment up to ten weeks before their permission expires. Applicants who have not managed to secure an appointment before the expiry of their permission should check the website at 2:30pm daily to secure an early appointment. I understand that INIS regularly monitors the system and will refine it as required. I am informed that INIS recognises that emergency situations can arise. Such cases are with dealt with on a case by case basis and enquiries should be sent to burghquayregoffice@justice.ie. Since September the Burgh Quay registration office has facilitated in the region of 800 emergency appointments.

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