Michael McGrath
Ceist:219. Deputy Michael McGrath asked the Minister for Education and Skills the status of the acquisition of a site for a permanent school building for a school (details supplied) in County Cork. [5929/18]
Amharc ar fhreagraSchools Building Projects Status
Ceisteanna (219)
Freagraí scríofa
I am pleased to inform the Deputy that a suitable site on the Old Carrigaline Road, adjacent to Douglas Garda Station, has been identified and the conveyancing process in respect of this is at an advanced stage.
Subsequent to the completion of the site acquisition process, subject to no issues arising, the project to deliver the new school will progress into architectural planning.
School Accommodation Provision
Ceisteanna (220)
Bríd Smith
Ceist:220. Deputy Bríd Smith asked the Minister for Education and Skills if he or his officials will meet with the parents and teachers of a school (details supplied) to discuss the crisis in facilities and capacity facing the school; and if he will make a statement on the matter. [5982/18]
Amharc ar fhreagraFreagraí scríofa
I wish to advise the Deputy that my Department has approved temporary accommodation to the school concerned to facilitate additional classroom capacity. A letter to this effect has issued to the school authority.
Question No. 221 answered with Question No. 208.
Summer Works Scheme
Ceisteanna (222)
James Browne
Ceist:222. Deputy James Browne asked the Minister for Education and Skills the position regarding the need for additional parking facilities and resurfacing works at a school (details supplied) in County Wexford; and if he will make a statement on the matter. [6071/18]
Amharc ar fhreagraFreagraí scríofa
The school to which the Deputy refers may apply under a future Summer Works Scheme for car parking facilities and resurfacing works. In the meantime, the school authority can use its Minor Works Grant to address ongoing repairs and maintenance. If health and safety works are identified that require immediate attention, an Emergency Works Application for these works only can be submitted to my Department. Application forms are available on my Department’s website.
Questions Nos. 223 to 225, inclusive, answered with Question No. 182.
Residential Institutions Redress Scheme
Ceisteanna (226, 227)
Róisín Shortall
Ceist:226. Deputy Róisín Shortall asked the Minister for Education and Skills the value that was attached to a building that was handed over by an organisation (details supplied) as part of the redress scheme; the way in which this value was arrived at; and the date a decision was made as to this value. [6076/18]
Amharc ar fhreagraRóisín Shortall
Ceist:227. Deputy Róisín Shortall asked the Minister for Education and Skills the date a building (details supplied) was handed over to the State. [6077/18]
Amharc ar fhreagraFreagraí scríofa
The property in question was one of a number of properties offered to the State by religious congregations in the aftermath of the publication in 2009 of the report of the Commission to Inquire into Child Abuse (the Ryan Report). These offers were voluntary and do not form part of any agreement.
The property transferred to the ownership of the Minister for Education and Skills in 2016. On the completion of the transfer my Department requested the Valuation Office to provide a valuation of the property and the value attributed to the property at the date of transfer was €350,000.
Residential Institutions Redress Scheme
Ceisteanna (228)
Róisín Shortall
Ceist:228. Deputy Róisín Shortall asked the Minister for Education and Skills the buildings due to be handed over as part of the redress scheme; the value of the buildings; and the indicative date for transfer to the State. [6078/18]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware, contributions from religious congregations towards the costs of redress are being made under two separate rounds: the 2002 legally binding Indemnity Agreement and the voluntary offers made by the congregations in 2009 in the aftermath of the publication of the report of the Commission to Inquire into Child Abuse (the Ryan Report).
In early December 2017 my Department provided a comprehensive information note to Dáil Éireann’s Committee of Public Accounts, at the Committee’s request, in relation to contributions by religious congregations towards the costs incurred by the State in responding to residential institution child abuse. The relevant correspondence may be accessed via the following links: http://www.oireachtas.ie/parliament/media/committees/pac/correspondence/2017meetings/meeting58-07122017/PAC32-R-965(i)-B---Dept-of-Education-Follow-Up-re-CAG-Special-Report-96.pdf
http://www.oireachtas.ie/parliament/media/committees/pac/correspondence/2017meetings/meeting58-07122017/PAC32-R-965(ii)-B---Properties-appendix-1--2.pdf
http://www.oireachtas.ie/parliament/media/committees/pac/correspondence/2017meetings/meeting58-07122017/PAC32-R-965(iii)-B---Properties-appendix-3.pdf
It should be noted that in the course of 2017 information was provided to the Committee of Public Accounts in response to other specific requests from the Committee. I should note also that subsequent to the provision of the information note to the Committee in December one further property, Beaumont Convalescent Home, Beaumont, Dublin 9, fully transferred to the Health Service Executive while additional cash contributions amounting to €1.95 million were received from a congregation. Finally, I should note also that a former school in Westport, Co. Mayo, initially due to transfer to Mayo County Council, is now transferring to the Minister for Education and Skills.
Property Services Regulation
Ceisteanna (229)
Gerry Adams
Ceist:229. Deputy Gerry Adams asked the Minister for Justice and Equality his plans to amend legislation to ensure that landlords that are also estate agents and are renting their own houses through their own business automatically lose their estate agent or auctioneer licence if found to be in breach of their landlord obligations regarding the condition of the house; and if he will make a statement on the matter. [5453/18]
Amharc ar fhreagraFreagraí scríofa
The position is that the Property Services (Regulation) Act 2011 provides for the regulation of property services providers, i.e. auctioneers, letting agents and property management agents, by the Property Services Regulatory Authority. The Act implements a licensing system in respect of such property services providers and sets standards for the provision by licensees of the property services concerned, e.g. obligations in relation to adequate professional indemnity insurance; maintenance of proper client accounts; provision of letters of engagement to clients setting out details of, inter alia, the service to be provided to the client, the amount or rate of commission or fee payable by the client. The Act does not impose standards in respect of properties handled by licensees, including property owned or leased by licensees themselves.
The Property Services Regulatory Authority has statutory powers under the 2011 Act that enable it to carry out investigations of licensees in order to identify improper conduct. Improper conduct includes the commission by a licensee of an act which renders the licensee no longer a fit and proper person to provide a property service, or a particular class of property service.
Under section 63 of the 2011 Act, a person may make a complaint in writing to the Authority alleging that improper conduct by a licensee has occurred or is occurring and, on receipt of such a complaint, the Authority shall cause an investigation of the complaint to be carried out. Where such a complaint is upheld by the Authority or, on appeal, by the Property Services Appeal Board, sanctions may be imposed which range from a warning or reprimand to suspension or revocation of a licensee's licence.
Wards of Court
Ceisteanna (230)
Clare Daly
Ceist:230. Deputy Clare Daly asked the Minister for Justice and Equality if his attention has been drawn to the fact that ward of court inpatients are frequently kept in acute hospitals rather than being transferred to more suitable long-term care settings due to delays in having the legal authority of wardship appointed to a committee and the fact that such delays are particularly problematic in the summer months when the courts are in recess; and if he will make a statement on the matter. [5305/18]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will 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.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the time taken to bring a person into wardship can vary due to a number of factors such as the need for medical evidence, the service of documentation and the establishment of the position as to a person's welfare and affairs. In some cases there is no relative to undertake the application and therefore a hospital or the Health Service Executive must initiate the application for wardship.
I am advised that the Courts Service, the President of the High Court and the Wards of Court Office ensure that applications for wardship are dealt with as quickly and as efficiently as possible. There were significant delays in cases awaiting a declaration of wardship in late 2016 with over 120 cases awaiting declaration. However, I am informed that extra staff resources were allocated to the Wards of Court Office and the General Solicitors Office and that there are currently less than 40 cases awaiting declaration.
The Courts Service has also informed me that urgent wardship matters are heard and dealt with by the court outside the usual legal terms and that there is a wardship list in the summer months when the courts are in recess, with urgent cases being listed for declaration in this list.
Wards of Court
Ceisteanna (231)
Clare Daly
Ceist:231. Deputy Clare Daly asked the Minister for Justice and Equality his plans to ensure that the recommendations contained in the national safeguarding committee's review of the wardship system are implemented without delay, in view of the significant shortcomings identified in the system by the committee and the need for these shortcomings to be addressed pending the full enactment of the Assisted Decision Making (Capacity) Act 2015 [5311/18]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will 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.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that it has reviewed the Report of the National Safeguarding Committee and advised that while there is no automatic system of independent advice or advocacy, this can be done in specific cases if the court so directs. In addition, while medical visitors' reports are not as a matter of course provided, if there is an objection or an application by a respondent for release of the medical report(s), the court invariably grants such applications. Furthermore the Office of Wards of Court, when contacting medical visitors, confirms the legal test for wardship which is to be applied. However, the legal test for wardship cannot be changed to the functional test in advance of the implementation of the Assisted Decision Making (Capacity) Act 2015.
As the Deputy is aware, many of the recommendations raised in the review are provided for in the Assisted Decision Making (Capacity) Act 2015 and one of the key aims of the Act is to introduce a statutory framework for supported or assisted decision making and to move away from the substitute decision making model.
The Courts Service has advised that preparation for the transition to the Assisted Decision Making regime is a Courts Service priority for 2018 and that the priority for the Wards of Court Office and the General Solicitors Office is to manage the wards of court caseload in the interests of existing wards, while preparing for the commencement of Part 6 of the 2015 Act. These offices must be in a position to review at least 2,500 files within three years of the commencement of Part 6 of the 2015 Act. The Courts Service has advised that putting in place interim measures, as suggested in some recommendations, would delay the planning of transitioning to the new system by both court offices and impact on the ongoing management of existing cases.
Crime Data
Ceisteanna (232)
Fiona O'Loughlin
Ceist:232. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the steps being taken by An Garda Síochána to enable the resumption of publication by the Central Statistics Office, CSO, of quarterly crime statistics; and if he will make a statement on the matter. [5321/18]
Amharc ar fhreagraFreagraí scríofa
I can advise the Deputy that An Garda Síochána is working with the Central Statistics Office (CSO) to resolve an issue which emerged in relation to the classification of homicide offences. The expert oversight by the CSO of crime statistics is welcome in order to ensure that we can have confidence in the official crime statistics and can tailor our policies accordingly.
The Deputy will be aware that when a homicide occurs, the offence may be classified as murder, manslaughter or violent death. My understanding is that an issue emerged due to the fact that the classification of a crime may change as investigations evolve, for example, a murder charge may ultimately lead to a manslaughter conviction in the Courts, or an assault causing harm may subsequently result in a death some time later, necessitating a reclassification to murder or manslaughter.
I want to clarify that the issue about the classification of homicide statistics is not new. It was identified some time ago by the Gardaí themselves and intensive work has been ongoing to resolve the issue. This work involves An Garda Síochána, the Policing Authority, the CSO and my own Department.
An Garda Síochána initiated a review of homicide classifications, initially for the period 2013-2015 but later extended the review to cover the period from 2003-2017. This is obviously a time consuming and complex process but it is important that both An Garda Síochána and the CSO are confident that their data is robust and accurate. While the review is underway, the CSO has suspended the publication of quarterly crime statistics, with the most recent published figures being for Q4 2016. The review by An Garda Síochána has not been published as it is not yet complete, however the details will be made public on completion.
I am extremely concerned about reports that unlawful deaths were not properly investigated. Any substantiated allegations of this kind would be very serious and a cause of grave public concern. The issue that has arisen in respect of homicide classification is complex and it is essential to clearly establish the facts.
While I note that a figure of 41 deaths requiring reclassification has been mentioned in public discourse, this is incorrect. An Garda Síochána has advised that their examination of 524 cases for the period 2013-2015 identified 41 cases which required further examination and, out of those 41 cases, 12 deaths were identified which required reclassifications on PULSE. In addition, a further ‘peer review’ verification process is underway in relation to these figures, as requested by the Policing Authority.
It is important to note that, in the review of the 41 cases, it was identified that each death was fully investigated by An Garda Síochána. An Garda Síochána has also indicated that their Family Liaison Officers were in contact with the families of the 12 deceased persons whose PULSE records required reclassification.
The Policing Authority continues to monitor this issue and ensure that there is independent scrutiny of how An Garda Síochána records data and I welcome their continued diligence in this matter. I also note the statement made by the Authority last week indicating that these issues will be considered again at the Authority’s meeting with the Garda Commissioner which will be held in public on 22 February 2018.
In advance of this meeting, I can also advise the Deputy that I, along with officials from my Department, will be meeting with representatives from the Policing Authority and An Garda Síochána tomorrow to discuss the progress being made on this important issue. I have also discussed this issue with the Garda Commissioner yesterday during the course of one of our more general meetings.
Please be assured that my Department remains in close contact with the CSO, An Garda Síochána and the Policing Authority to ensure a return to the publication of official Crime Statistics by the CSO at the earliest possible opportunity.
Crime Data
Ceisteanna (233, 234)
Alan Kelly
Ceist:233. Deputy Alan Kelly asked the Minister for Justice and Equality his views on the way in which homicides are classified by An Garda Síochána in view of the fact that the CSO is refusing to accept data from An Garda Síochána and the Policing Authority is waiting for a report on this matter. [5389/18]
Amharc ar fhreagraAlan Kelly
Ceist:234. Deputy Alan Kelly asked the Minister for Justice and Equality the date he was informed by An Garda Síochána that there were issues with the way in which it categorised homicides; the format in which he was informed; and the person who informed him. [5390/18]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 233 and 234 together.
I can assure the Deputy that An Garda Síochána is working with the Central Statistics Office (CSO) to resolve an issue which was identified by An Garda Síochána in relation to the classification of homicide offences. The expert oversight by the CSO of crime statistics is welcome in order to ensure that we can have confidence in the official crime statistics and can tailor our policies accordingly.
The Deputy will be aware that when a homicide occurs, the offence may be classified as murder, manslaughter or violent death. My understanding is that an issue emerged due to the fact that the classification of a crime may change as investigations evolve, for example, a murder charge may ultimately lead to a manslaughter conviction in the Courts, or an assault causing harm may subsequently result in a death some time later, necessitating a reclassification to murder or manslaughter.
I want to clarify that the issue about the classification of homicide statistics is not new. It was identified some time ago by the Gardaí themselves and intensive work has been ongoing to resolve the issue. This work involves An Garda Síochána, the Policing Authority, the CSO and my own Department.
Upon my appointment as Minister for Justice and Equality, on 15 June 2017, I attended an introductory meeting with my Department’s Management Board where the issues with crime statistics were flagged in the course of an introduction to the Department’s remit and Management Board. On 27 July 2017, at another meeting with my Department’s Management Board, I received a more detailed briefing on the issue. I was advised by my officials that An Garda Síochána was working with the CSO to resolve an issue which emerged in relation to the classification of homicide offences and which the Gardaí had themselves identified and brought to the attention of relevant parties. I was also aware that this issue had led to the CSO postponing the publication of the official recorded crime statistics. The Deputy will be aware that this issue was already in the public domain at the time of my appointment as Minister for Justice and Equality.
An Garda Síochána initiated a review of homicide classifications, initially for the period 2013-2015 but later extended the review to cover the period from 2003-2017. This is obviously a time consuming and complex process but it is important that both An Garda Síochána and the CSO are confident that their data is robust and accurate. While the review is underway, the CSO has suspended the publication of quarterly crime statistics, with the most recent published figures being for Q4 2016. The review by An Garda Síochána has not been published as it is not yet complete, however the details will be made public on completion.
I am extremely concerned about reports that unlawful deaths were not properly investigated. Any substantiated allegations of this kind would be very serious and a cause of grave public concern. The issue that has arisen in respect of homicide classification is complex and it is essential to clearly establish the facts.
I have not received any protected disclosures or allegations that unlawful killings have not been investigated, and Garda management are adamant that all unlawful killings are investigated. I have seen no evidence to the contrary but I have asked An Garda Síochána for further formal assurances in this regard.
While I note that a figure of 41 deaths requiring reclassification has been mentioned in public discourse, this is incorrect. An Garda Síochána has advised that their examination of 524 cases for the period 2013-2015 identified 41 cases which required further examination and, out of those 41 cases, 12 deaths were identified which required reclassifications on PULSE. In addition, a further ‘peer review’ verification process is underway in relation to these figures, as requested by the Policing Authority.
It is important to note that, in the review of the 41 cases, it was identified that each death was fully investigated by An Garda Síochána. An Garda Síochána has also indicated that Family Liaison Officers were in contact with the families of the 12 deceased persons whose PULSE records required reclassification.
The Policing Authority continues to monitor this issue and ensure that there is independent scrutiny of how An Garda Síochána records data and I welcome their continued diligence in this matter. I also note the statement made by the Authority last week indicating that these issues will be considered again at the Authority’s meeting with the Garda Commissioner which will be held in public on 22 February 2018.
In advance of this meeting, I can also advise the Deputy that I, along with officials from my Department, will be meeting with representatives from the Policing Authority and An Garda Síochána tomorrow to discuss the progress being made on this important issue. I have also discussed this issue with the Garda Commissioner yesterday during the course of one of our more general meetings.
Please be assured that my Department remains in close contact with the CSO, An Garda Síochána and the Policing Authority to ensure a return to the publication of official Crime Statistics by the CSO at the earliest possible opportunity.
Courts Service Data
Ceisteanna (235)
Anne Rabbitte
Ceist:235. Deputy Anne Rabbitte asked the Minister for Justice and Equality the number of court hearings that took place on a monthly basis in each Circuit Court regarding house repossessions in 2016, 2017, and to date in 2018, in tabular form. [5400/18]
Amharc ar fhreagraFreagraí scríofa
As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following table with details of County Registrar court sitting days for 2016, 2017 and to the end of January 2018 in respect of sittings where possession applications were scheduled:
|
County |
County Registrar Sittings in 2016 |
County Registrar Sittings in 2017 |
County Registrar Sittings during January 2018 |
|
Dublin |
70* |
69* |
6* |
|
Cork |
28* |
32* |
3* |
|
Limerick |
12* |
24* |
4* |
|
Kerry |
11* |
11* |
1* |
|
Tipperary |
20 |
20 |
2 |
|
Carlow |
16 |
14 |
1 |
|
Kildare |
18 |
19 |
1 |
|
Kilkenny |
21 |
21 |
2 |
|
Laois |
20 |
20 |
2 |
|
Waterford |
36 |
33 |
2 |
|
Wexford |
19 |
20 |
1 |
|
Wicklow |
16 |
12 |
1 |
|
Cavan |
20 |
20 |
2 |
|
Longford |
19 |
18 |
1 |
|
Louth |
19 |
18 |
1 |
|
Westmeath |
10* |
11* |
1* |
|
Meath |
20 |
16 |
1 |
|
Monaghan |
11 |
11 |
1 |
|
Offaly |
19 |
20 |
1 |
|
Leitrim |
11 |
11 |
1 |
|
Mayo |
11* |
11* |
1* |
|
Clare |
8* |
12* |
2* |
|
Galway |
10* |
10* |
1* |
|
Donegal |
9 |
10 |
1 |
|
Roscommon |
10* |
10* |
1* |
|
Sligo |
11 |
11 |
1 |
The Courts Service has advised that those sittings marked * relate to sitting days specifically designated for the hearing of possession applications. All other sittings included in the table relate to the normal County Registrars motions lists, which would deal with all County Registrar business and possession cases. In many instances the majority of matters before such courts would relate to possession cases.
The Courts Service has also advised that the Circuit Civil Court presided over by a Judge of the Circuit Court would deal with possession cases transferred from the County Registrars Court lists to the Circuit Court. Such possession cases would be dealt with during the normal course of civil business at such sittings in conjunction with other business. Special sitting days of the Circuit Court to deal with possession applications are rare.
Garda Youth Diversion Projects
Ceisteanna (236)
Alan Kelly
Ceist:236. Deputy Alan Kelly asked the Minister for Justice and Equality further to Parliamentary Question No. 43 of 19 October 2017, if An Garda Síochána has concluded its comprehensive review of all youth referrals between 2010 and 2017; if the report has been sent to the Garda Commissioner; if not, when it will be sent to him; and when it will be published. [5410/18]
Amharc ar fhreagraFreagraí scríofa
The Garda Youth Diversion Programme is an essential part of Government strategy to help tackle youth crime, and it is very important that it operates effectively.
As the Deputy is aware, a number of issues which impact on the effective administration of the Diversion Programme were identified following the completion, in June 2017, of an examination by the Garda Professional Services Unit (GPSU), and the Garda authorities subsequently initiated a comprehensive review of all youth referrals between 2010 and 2017.
I am advised by the Garda authorities that a Review Team has been tasked with coordinating this review, which covers all of the 28 Garda Divisions. I can assure the Deputy that I share his concern that these issues are thoroughly addressed, and I have requested the Acting Commissioner to ensure that present Review is completed as soon as possible.
I have also written to the Policing Authority, in the context of their oversight role of An Garda Síochána, to share my concerns in this matter.