Written Answers Nos. 431-450
431. Deputy Michael McGrath asked the Minister for Foreign Affairs and Trade the number of protected disclosures received from staff in his Department in 2016 and to date in 2017; the details of same; and if he will make a statement on the matter. [36763/17]
Amharc ar fhreagraMy Department has not received any protected disclosures from staff in 2016 and to date in 2017.
432. Deputy Niamh Smyth asked the Minister for Justice and Equality if he will review a matter (details supplied); and if he will make a statement on the matter. [35019/17]
Amharc ar fhreagraIt is not appropriate for me to comment on the circumstances of a particular case. However, from the information provided by the Deputy, it is likely that this case concerns the protection of minors arriving at our borders and in particular, unaccompanied minors. An Immigration Officer may seek to establish that there are no child protection issues arising where a child under 18 years presents for entry to the State at the border. For this purpose, an immigration officer may raise a number of queries with the minor in question to establish his or her circumstances. This may include requesting any documentation that might assist in the matter.
These routine enquiries are in place to protect potentially vulnerable children and those who may potentially be trafficked into the State. Any enquiries should be undertaken in a manner that is friendly and fully respects the dignity of the person concerned. I understand that further contact has been made with the Irish Naturalisation and Immigration Service (INIS) in regard to the matter highlighted and that a reply will issue as a priority.
433. Deputy Thomas Byrne asked the Minister for Justice and Equality when all sections of the Children and Families Relationships Act 2015 will be commenced; and the timeframe for full commencement. [35852/17]
Amharc ar fhreagra454. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the reason for the delay in enacting all sections of the Child and Family Relationships Act 2015; the sections which have not yet been commenced; when all sections of the Act will be commenced; and if he will make a statement on the matter. [35132/17]
Amharc ar fhreagra586. Deputy John Curran asked the Minister for Justice and Equality if he will provide a progress report on the Children and Family Relationships Act 2015; the sections of the Act that have been commenced; when all sections of the Act will be commenced to allow a same-sex couple to both assume parentage of their child from birth; and if he will make a statement on the matter. [36535/17]
Amharc ar fhreagraI propose to take Questions Nos. 433, 454 and 586 together.
The Children and Family Relationships Act 2015 was enacted on 6 April 2015 and the Children and Family Relationships Act 2015 (Commencement of Certain Provisions Order) 2016 (S.I. No. 12 of 2016) commenced the bulk of the Act with effect from 18 January 2016. That Commencement Order brought provisions of Parts 1, 4, 5, 6, 7, 8, 12 and 13 of the Act into operation.
Part 10 of the Act, which amended the Passports Act 2008, was commenced by the Minister for Foreign Affairs and Trade on 1 July 2015.
Parts 2 and 3 of the Children and Family Relationships Act 2015 provide for parentage through donor-assisted human reproduction (DAHR). The issue of the recognition of parentage for same-sex couples and their children is dealt with under Part 2 of the Act. The Minister for Health has responsibility for Parts 2 and 3 of the Act. It was indicated during the passage of the Children and Family Relationships Bill 2015 through the Dáil and the Seanad that an appropriate transition period for these Parts would be required in order to carry out significant preparatory work to facilitate a seamless transition to the new regulatory framework laid out in the Act. Detailed work on Parts 2 and 3 is underway and it is intended that these will be commenced later this year.
Other provisions of the Act which relate to DAHR have not yet been commenced as they are linked to Parts 2 and 3. The commencement of the provisions of the Act which are related to Parts 2 and 3 will be co-ordinated with the commencement of those Parts.
Part 9 of the Act provides for a number of amendments to the Civil Registration Act 2004. No provision of Part 9 has yet been commenced. Some sections cannot be commenced until Parts 2 and 3 are brought into operation. Other sections are dependent on provisions of the Civil Registration (Amendment) Act 2014 being commenced and my Department is liaising with the Department of Social Protection in relation to scheduling the commencement of these sections.
Part 11 of the Act in relation to adoption has not been commenced. Other provisions of the Act that are linked to Part 11 have also not been commenced. Adoption policy is the responsibility of the Minister for Children and Youth Affairs. The Adoption (Amendment) Act 2017, which was recently signed into law, provides for the repeal of Part 11 of the 2015 Act. The provisions in Part 11 allowing for cohabiting couples and civil partners to adopt have been included in the 2017 Act.
434. Deputy Brendan Howlin asked the Minister for Justice and Equality the cost in 2017 of the deal done with the Garda Representative Association; and if he will make a statement on the matter. [36011/17]
Amharc ar fhreagraAs the Deputy will be aware, following intensive negotiations between the Government, the Garda Representative Association and Association of Garda Sergeants and Inspectors facilitated by the Workplace Relations Commission, the Labour Court issued a recommendation on 3 November last in relation to the Garda pay dispute.
The Government fully respected the decision of the Labour Court as the independent industrial relations body of last resort in the State and agreed to accept its recommendation.
It was estimated at the time that the cost of the settlement would be of the order of €50 million. Accordingly, an additional €25 million in direct exchequer funding was provided to the Garda Vote in the 2017 Revised Estimates towards the cost of the settlement with the remaining cost to be met from within the Justice Sector.
The matter continues to be kept under review in conjunction with the Department of Public Expenditure and Reform.
435. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to questions on promised legislation on 28 June 2017 regarding the Garda investigation into inflated breath test figures and issues relating to summons, if a reply will issue; and if he will make a statement on the matter. [36072/17]
Amharc ar fhreagraA reply was issued to the Deputy from my Department on 25 July 2017 in response to the matters raised during promised legislation discussions in the Dáil on 28 June 2017.
436. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the number of gardaí in Dublin west involved in providing security for the Taoiseach and the Tánaiste; and if gardaí from the current cohort of gardaí stationed in Dublin west are allocated security duties on a regular basis. [34894/17]
Amharc ar fhreagraThe Deputy will understand that it is not the practice, for sound reasons of security, to provide details of the arrangements put in place by the Garda Authorities to provide for the protection of office holders.
437. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the number of persons that had penalty points imposed on them by the courts due to Garda error instead of being summonsed who have been contacted by An Garda Síochána; the number of persons who received convictions due to this error; the number of those convictions that were quashed; and if he will make a statement on the matter. [34904/17]
Amharc ar fhreagraI am assured that the resolution of this matter is a priority for An Garda Síochána, and a number of steps are being taken to ensure that the persons affected are contacted and a satisfactory outcome achieved. An intensive process of checking and verification, in conjunction with the courts, is ongoing in this regard. I am informed by the Garda authorities that, as of 19 July 2017, 9,830 letters have been issued by registered post to affected members of the public. In some cases it has been necessary to print these letters for a second time for hand delivery in order to ensure receipt and this has occurred in 3,888 cases so far, while in some cases the proceedings in question predate the Criminal Justice Interoperability Project with the checking process therefore being undertaken manually. A further 2,500 letters are expected to issue very shortly.
An Garda Síochána intends to move all appeals at Circuit Court level, however Garda authorities understand that some affected members of the public have engaged their own solicitors to act on their behalf. I am advised by An Garda Síochána that one such case has already been dealt with by the courts, with the court awarding costs to the value of legal aid.
I look forward to receiving An Garda Síochána's final report into this matter shortly, and I intend to make a more comprehensive statement following consideration of this report.
438. Deputy John Brassil asked the Minister for Justice and Equality if he will address a matter (details supplied); and if he will make a statement on the matter. [34923/17]
Amharc ar fhreagra439. Deputy John Brassil asked the Minister for Justice and Equality if he will address a matter (details supplied); and if he will make a statement on the matter. [34934/17]
Amharc ar fhreagra441. Deputy John Brassil asked the Minister for Justice and Equality if he will address a matter (details supplied); and if he will make a statement on the matter. [34951/17]
Amharc ar fhreagraI propose to take Questions Nos. 438, 439 and 441 together.
The case which the Deputy raises in his question dates back to 1989. It has been the subject of correspondence with successive Ministers for Justice going back over a considerable period of time, including legal correspondence. It has also been the subject of many Questions over that period.
I am informed by the Garda Authorities that the incident in question was the subject of a thorough investigation at the time. The Deputy will appreciate, of course, that any decisions in respect of prosecutions are a matter solely for the Director of Public Prosecutions, who acts independently in accordance with the law. Complaints were made in the past by the person to whom the Deputy refers to the Garda Síochána Complaints Board which investigated the matters raised and found no evidence of an offence or breach of discipline on the part of the Garda members concerned.
This case was among those reviewed more recently as part of the Independent Review Mechanism established by the Government in May 2014 to consider certain complaints of Garda misconduct referred to the Taoiseach and the Minister for Justice and Equality. An independent panel consisting of two senior counsel and five junior counsel was established for that purpose. To ensure that the independence of the review process was preserved retired High Court Judge, Mr. Justice Roderick Murphy, oversaw the preparation of summaries and recommendations in the notification letters of the outcome of the process. His role was to independently vouch for the fact that the summaries of conclusions and the reasoning behind them were a fair reflection of the advice which has been made available to my Department by the Panel.
It was open to the independent counsel of the Independent Review Mechanism to make any recommendation that they saw fit. Having examined this particular case the recommendation was that there was no further action to be taken by me. I understand that some matters which the Deputy raises were a part of that examination. The independent counsel's recommendation was accepted and the reasons for this conclusion were communicated to the person referred to by the Deputy in November 2015.
The Deputy will appreciate also that in respect of the data protection issue that he has raised, this would be a matter for the Data Protection Commissioner who is independent in the performance of her functions in accordance with Data Protection Acts.
440. Deputy Brendan Howlin asked the Minister for Justice and Equality the number of extra gardaí who have been recruited in the current Dáil term; if that figure meets the 15,000 pledged in the Programme for a Partnership Government; and if he will make a statement on the matter. [34937/17]
Amharc ar fhreagraThis Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians.
Taking account of projected retirements, reaching a strength of 15,000 by 2021 will require some 2,400 new Garda members to be recruited on a phased basis over the next three years in addition to the 2,000 that will have been recruited by the end of this year since the reopening of the Garda College in September 2014.
The workforce plan is progressing apace. I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that almost 1,200 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am also informed that a further four hundred are scheduled to attest later this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - an increase of 500 since the end of 2016. In addition to this, a further 800 Garda trainees are expected to attest in 2018.
I am engaging with my colleague, the Minister for Public Expenditure and Reform, in relation to ensuring funding is available to allow sufficient recruitment into An Garda Síochána in 2018 and the coming years so that the planned overall Garda workforce of 21,000 is achieved.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across the organisation.
For the Deputy's information, I have set out in the following table the number of Garda intakes and attestations since the College reopened, as provided by the Commissioner:
Intake of Garda Trainees and Attested Garda Trainees - 2014 - 2017
|
Year |
Month |
Intake |
Attestation |
|
2014 |
September |
100 |
- |
|
December |
100 |
- |
|
|
2015 |
February |
101 |
- |
|
April |
- |
99 |
|
|
July |
- |
97 |
|
|
August |
100 |
- |
|
|
September |
- |
100 |
|
|
October |
75 |
- |
|
|
November |
75 |
- |
|
|
2016 |
March |
- |
99 |
|
April |
150 |
- |
|
|
June |
151 |
- |
|
|
July |
- |
146 |
|
|
September |
152 |
- |
|
|
November |
203 |
148 |
|
|
2017 |
February |
197 |
150 |
|
April |
- |
142 |
|
|
May |
210 |
- |
|
|
July |
- |
198 |
|
|
Total |
|
1614 |
1179 |
442. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the number of persons who have been granted some form of status including leave to remain in the years since the direct provision system commenced; and the number of persons who have been through the direct provision system since that system commenced. [34958/17]
Amharc ar fhreagraThe following table shows the numbers of persons who have been granted refugee status, subsidiary protection and leave to remain between 2011 and 2016. Figures before 2011 are not readily available.
|
Year |
No of Applicants granted status |
|
2011 |
1246 |
|
2012 |
693 |
|
2013 |
1157 |
|
2014 |
1232 |
|
2015 |
1844 |
|
2016 |
1434 |
The Reception & Integration Agency (RIA) of my Department advise that 58,519 new applicants have applied for accommodation since 10 April 2000.
Between 10 April 2000 and 4 January 2009, a person was classified as a 'new applicant' only if he/she sought accommodation on the same day that an application was made to ORAC (now the International Protection Office - IPO). Persons who subsequently sought accommodation from RIA during this period were not included in the figures.
As the figures are collated at the point where a person seeks and is provided with accommodation, they do not include additional family members that may later join the resident in the accommodation, such as arising from the birth of a new baby or the arrival of a family member through Tusla's services.
443. Deputy Róisín Shortall asked the Minister for Justice and Equality when his Department will notify each of the estimated 50,000 plus persons who have been subject to a disclosure request under section 6 of the Communications (Retention of Data) Directive 2011; and if he will make a statement on the matter. [34959/17]
Amharc ar fhreagraThere are no plans in this regard. Access for law enforcement and security purposes to certain categories of data retained by communications service providers is governed by the Communications (Retention of Data) Act 2011 and the Act makes no provision for the course of action the Deputy raises. The Deputy will understand from the terms of the Act that the data in question is not and would not be in the possession of my Department.
444. Deputy James Browne asked the Minister for Justice and Equality if any of the 410 charities that are invested in the common investment fund by the Charities Regulatory Authority are funded by the HSE as section 39 charitable organisations; his views on the fact that the common investment fund held investment in the tobacco industry; his further views on the appropriateness of investment in the tobacco industry by organisations under the remit of his Department; and if he will make a statement on the matter. [35040/17]
Amharc ar fhreagra445. Deputy James Browne asked the Minister for Justice and Equality the date on which the Charities Regulatory Authority formally divested from investments in the tobacco industry that it held through the common investment fund; the date on which this decision was arrived at; and if he will make a statement on the matter. [35041/17]
Amharc ar fhreagraI propose to take Questions Nos. 444 and 445 together.
The Charities Regulatory Authority ('Charities Regulator') was established on 16 October 2014 pursuant to the Charities Act 2009. It is Ireland's statutory regulator for charitable organisations and is an independent regulatory agency under the aegis of my Department. Its mission is to regulate the charity sector in the public interest to ensure compliance with the law and to support best practice in the governance, management and administration of charities.
Part 6 of the Charities Act 2009 provided for the dissolution of the former Commissioners of Charitable Donations and Bequests for Ireland and the transfer of the functions of the Commissioners to the Regulator. This included the Commissioners' role regarding the Common Investment Fund which had been established by the Commissioners in 1985 for the management of assets which had been entrusted to them for charitable purposes pursuant to Section 31 of the Charities Act 1961. It should be pointed out that in many cases the assets concerned would have been donated or bequeathed in trust by individuals for charitable purposes and were invested in the Fund on that basis. However, it might be noted that in a majority of cases assets contained in the Fund would not have been invested by individual charitable organisations. Rather the assets would have been entrusted to the Commissioners to be managed for the benefit of charitable organisations. I should point out that the functions relating to the Common Investment Fund are a matter for the Charities Regulator and under Section 14(3) of the Charities Act 2009, the Regulator is independent in the performance of its functions. Accordingly, I as Minister for Justice and Equality, have no role in relation to the matter.
I am advised by the Charities Regulator that it does not have information available as to whether or not any charitable organisations which are funded by the Health Service Executive under Section 39 of the Health Act 2004 hold, or benefit from, investments in the Common Investment Fund. The Regulator has also advised me that no new investor has been admitted to the Common Investment Fund since June 2012. I understand that the Authority has instigated a strategic review of the Common Investment Fund which includes a long term sustainability policy, with a responsible investment focus indicative of best practice for responsible investment globally. In the interim, the Authority took a decision on 20 June 2017 to divest the Common Investment Fund of tobacco-related stocks. As of 22 June 2017, no tobacco-related stocks were held in the Fund.
446. Deputy James Browne asked the Minister for Justice and Equality if he has engaged directly with the Courts Service on the appropriateness of its investments in the tobacco industry; if he has discussed this matter with the Minister for Health; and if he will make a statement on the matter. [35042/17]
Amharc ar fhreagraAs the Deputy may be aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998.
The courts have a custodial role in relation to funds that are lodged in court pursuant to Court Orders or in compliance with legislative requirements. These funds are not public funds and are held on behalf of persons who are under the protection of the courts and they are invested under the direction of the court. The main primary and subordinate legislation governing the receipt, management and investment of court-controlled funds is as follows:
- Court Officers Act 1926
- The Trustee (Authorised Investments) Act 1958 and the Trustee (Authorised Investments) Orders made thereunder
- The Rules of the Superior Courts
- The Rules of the Circuit Court
- The Rules of the District Court
An Investment Committee was set up in 2002 to oversee the implementation of investment strategies. It comprises members of the Judiciary, a County Registrar, Court Officers, Court Service Officials and independent external members. The Committee is chaired by the President of the High Court. Its role is advisory and its main function is to devise investment policy for the investment of Court funds based on advice from our independent investment advisors, to oversee the implementation of investment strategies, and to ensure compliance with best practice in the management of Court funds.
The Courts Service has informed me that the total value of Court Funds as of 30 September 2016 was €1,675 million and there is a very small exposure to tobacco related equities. The Courts Service has in place a passive investment strategy, which for equities tracks the FTSE All World Developed Index. This index, based on latest available data, has about 1.89% exposure to tobacco stocks. Based on current valuations this represents €8.7 million, or approx 0.5% of the total value of court funds.
The Courts Service has advised that it consulted with their fund managers and that it may not be possible to exclude tobacco stocks from the current fund or index, as there are other investors involved whose agreement would be required to change the investment strategy. The Investment Committee considered this matter earlier this year and was advised it would be expected that any solution would likely result in higher fund management fees for beneficiaries and possibly require a full EU open procurement process to be undertaken. The latter could take between 12 and 18 months to complete.
This matter has been brought to the attention of the Courts Service which continues to review the position as part of the remit of the Investment Committee and I will also ensure that the Minister for Health is aware of the issues. The Deputy will appreciate that the funds are operated independently of my Department in the best interests of the beneficiaries, and my Department has no role in managing or directing investments.
447. Deputy Charlie McConalogue asked the Minister for Justice and Equality when a land registry application will be completed for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [35066/17]
Amharc ar fhreagraI can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.
The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round.
I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.
448. Deputy Charlie McConalogue asked the Minister for Justice and Equality when a land registry application will be completed for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [35067/17]
Amharc ar fhreagraI can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.
The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round.
I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.
449. Deputy Mattie McGrath asked the Minister for Justice and Equality the number of gardaí in each Garda station in County Tipperary as of 30 June 2017; the number of new recruits assigned to the division since recruitment resumed in 2014; and if he will make a statement on the matter. [35076/17]
Amharc ar fhreagraAs 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 I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I am informed by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. Furthermore when allocations are taking place comprehensive consultation is carried out with local management during which all factors are taken into consideration. Where a deficiency in resources is identified the matter is considered fully and addressed accordingly. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
I have been informed that the number of Gardaí assigned to the Tipperary Division on the 30 June 2017, the latest date for which figures are readily available, was 368 with 18 Garda Reserves and 38 Civilians. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Funding has also been provided for the recruitment of 300 Garda Reserves.
This plan is progressing apace. I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that almost 1,200 recruits have attested as members of An Garda Síochána, 36 of whom have been assigned to the Tipperary Division. I am also informed that a further 400 Garda recruits are scheduled to attest later this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - an increase of 500 since the end of 2016.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division, including the Tipperary Division in the coming years.
For the Deputy's information I have set out in the following table, as provided by the Commissioner, the number of Gardaí assigned to the Tipperary Division by station as of 30 June 2017, the latest date for which figures are readily available:
|
DISTRICT |
DIVISION |
TOTAL |
|
CAHIR |
ARDFINNAN |
1 |
|
|
BALLYPOREEN |
1 |
|
|
CAHIR |
52 |
|
|
CASHEL |
13 |
|
|
CLOGHEEN |
1 |
|
TOTAL |
68 |
|
|
CLONMEL |
CARRICK-ON-SUIR |
13 |
|
|
CLONMEL |
56 |
|
|
FETHARD |
1 |
|
|
KILSHEELAN |
1 |
|
|
MULLINAHONE |
1 |
|
TOTAL |
72 |
|
|
NENAGH |
BORRISOKANE |
2 |
|
|
CLOUGHJORDAN |
1 |
|
|
LORRHA |
1 |
|
|
MONEYGALL |
1 |
|
|
NENAGH |
48 |
|
|
NEWPORT |
11 |
|
|
PORTROE |
1 |
|
|
ROSCREA |
18 |
|
TOTAL |
83 |
|
|
THURLES |
BALLINGARRY SOUTH |
1 |
|
|
BORRISOLEIGH |
1 |
|
|
HOLYCROSS |
1 |
|
|
KILLENAULE |
3 |
|
|
TEMPLEMORE |
24 |
|
|
TEMPLETUOHY |
1 |
|
|
THURLES |
75 |
|
TOTAL |
106 |
|
|
TIPPERARY TOWN |
BANSHA |
1 |
|
|
CAPPAWHITE |
1 |
|
|
GOLDEN |
1 |
|
|
TIPPERARY TOWN |
36 |
|
TOTAL |
39 |
|
|
TIPPERARY TOTAL |
|
368 |
450. Deputy Róisín Shortall asked the Minister for Justice and Equality the number of convicted persons who have been eligible to avail of the provision set out at section 6 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 since its commencement on 26 April 2016. [35093/17]
Amharc ar fhreagraAs there is no formal procedure to go through to have a conviction declared spent, statistics are not available on the numbers of persons eligible to avail of section 6 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016. Therefore, it is not possible to provide the figures requested by the Deputy.
The effect of this legislation is that a person will not be obliged to disclose certain convictions which are over 7 years old. In accordance with the provisions of the Act the following convictions are deemed to be spent:
1) all convictions in the District Court for Motoring offences which are more than 7 years old will be spent, subject to the proviso that spent convictions for dangerous driving are limited to a single conviction;
2) all convictions in the District Court for minor public order offences which are more than 7 years old will be spent.
3) In addition, where a person has one, and only one, conviction (other than a motoring or public order offence) which resulted in a term of imprisonment of less than 12 months (or a fine) that conviction will also be spent after 7 years. This provision will apply to either a District Court or Circuit Court conviction.
A conviction resulting in a non-custodial sentence can also become spent after 7 years. This means such a sentence imposed by a court on a person in respect of an offence that is not a custodial sentence and is not in addition to a custodial sentence and includes—
(a) a sentence of imprisonment for a term of 2 years or less, the execution of the whole of which is suspended for a period specified by the court and that suspension is not subsequently revoked in whole or in part by the Court;
(b) a fine;
(c) an order under section 1(2) of the Probation of Offenders Act 1907;
(d) a community service order made by a Court that is not revoked;
(e) a restriction on movement order made under section 101 of the Criminal Justice Act 2006.
Sexual offences or convictions in the Central Criminal Court are not eligible to become spent convictions.
