Written Answers Nos. 742-763
742. Deputy Gerry Adams asked the Minister for Justice and Equality further to Parliamentary Question No. 248 of 3 July 2018, if additional resources will be provided to County Louth to address drug-related intimidation within communities; and if he will make a statement on the matter. [32885/18]
Amharc ar fhreagra743. Deputy Gerry Adams asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 244, 245, 246 and 247 of 3 July 2018, when the requested report from the Garda Commissioner with specific reference to the position in County Louth will be available. [32886/18]
Amharc ar fhreagra930. Deputy Róisín Shortall asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 231 and 232 of 3 July 2018, if the report promised in his response has been received; when it will be issued; and if he will make a statement on the matter. [34342/18]
Amharc ar fhreagra1200. Deputy Gerry Adams asked the Minister for Justice and Equality if gardaí in County Louth have been trained in the drug-related intimidation reporting programme. [35097/18]
Amharc ar fhreagraI propose to take Questions Nos. 742, 743, 930 and 1200 together.
As the Deputies are aware, I have sought information from the Garda authorities in relation to the operation of the Drug Related Intimidation Reporting Programme, including the information requested relating to County Louth. The detailed information sought is not yet to hand. I will reply further to the Deputies as soon as the information concerned is available to me.
744. Deputy Fergus O'Dowd asked the Minister for Justice and Equality his plans to expand the parental leave process to further strengthen support for parents; and if he will make a statement on the matter. [32892/18]
Amharc ar fhreagraThe Programme for Partnership Government includes a commitment to increase paid parental leave during the first year of a child’s life, as research shows that parental care is of particular importance in the first year of life. To further this commitment, the Government established an interdepartmental group to consider the matter.
The key objectives of this group are to:
- Develop options as to the duration of the leave, the age of the eligible child, and the level of payment to be offered;
- Determine the usefulness of adopting a phased approach;
- Estimate the likely costs arising; and
- Align any proposals as much as possible with a European Commission Proposal for a Directive on work-life balance for parents and carers which is due to be discussed in trilogues between the European Parliament, Council Presidency and Commission.
The interdepartmental group has almost completed its work on developing a policy approach to implement the Programme commitments, and is in the process of putting the final touches to its report. Given that Government will need to consider the Report, the Deputy will appreciate that it would be premature to give any details in relation to the expansion of parental leave.
745. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the number of persons refused asylum; the number of deportations that resulted from a refusal to grant asylum; the number of appeals made against the decision to refuse asylum; the number of successful appeals in each of the years 2015 to 2017 and to date in 2018; and if he will make a statement on the matter. [32900/18]
Amharc ar fhreagraThere are two types of international protection: refugee status, and subsidiary protection. People applying for such status are often called asylum seekers. A refugee is a person who cannot return to their own country for fear of persecution based on their race, religion, nationality, political opinion, or because they belong to a particular social group (for example, due to their sexual orientation). A person who is eligible for subsidiary protection is not a refugee but does face a real risk of suffering serious harm if returned to their own country.
There is a rigorous and fair consideration of asylum applications in accordance with the International Protection Act 2015 and in accordance with EU and International law. The UNHCR, as part of its mandate in relation to international protection, has provided advice in relation to the prioritisation of applications and supports the approach taken by the Chief International Protection Officer. UNHCR has also supported the International Protection Office (IPO) in providing training programmes to its Protection Panel and IPO staff and carried out a similar role for the International Protection Appeals Tribunal (IPAT). However, after due process including the appeal process, some applicants are deemed not to qualify for international protection (or humanitarian leave to remain) and accordingly are issued with a deportation order.
Based on the most recently available information, the statistics requested by the Deputy are outlined below.
|
- |
2015 |
2016 |
2017 |
2018 (to 30th June) |
|
No. of persons refused Asylum |
1074 |
2169 |
985 |
1139 |
|
No of Asylum Appeals received by RAT (on foot of refusal of Asylum) |
1215 |
1778 |
- |
- |
|
No. of Appeals upheld by RAT |
224 |
303 |
|
|
|
No of Appeals received by International Appeals Tribunal (IPAT) * |
- |
- |
836 |
718 |
|
No. of Appeals upheld by IPAT |
|
|
71 |
83 |
|
No. of Deportation Orders signed where there was an asylum refusal |
437 |
565 |
407 |
16 |
|
No. of Deportations effected where there was an asylum refusal |
175 |
356 |
99 |
52 |
Please note the following:
The 2015 and 2016 figures on the number of persons who were refused asylum (refugee status) is on the basis of recommendations by the Office of the Refugee Applications Commissioner (ORAC). The 2017 and 2018 figures on the number of persons who were refused asylum (refugee status) are on the basis of recommendations by the International Protection Office (IPO).
*The International Protection Act 2015 was commenced on 31st December 2016. Asylum appeals made before the commencement of the Act but not finalised by the former Refugee Appeals Tribunal were returned to the International Protection Office under the transitional provisions of the 2015 Act. These and other categories of cases reverted to the IPO for processing during 2017, continuing into 2018.
746. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the number of persons in direct provision who have had their asylum application granted but remain in the system; the reason these persons remain in the system; his plans to address the situation; and if he will make a statement on the matter. [32901/18]
Amharc ar fhreagraThe number of persons that have a permission to remain in the State and still residing in accommodation offered by my Department is 591.
My Department cannot definitively state the individual reason(s) why a person or family may remain in accommodation centres. Anecdotally it is known that some families may not move house during the school terms and especially so when one of the family may be undertaking state examinations. As a result, any moves that may take place in these circumstances could happen between June and August.
All residents who are granted status are provided with details on how to access an on-line information booklet entitled "Your Guide to Living Independently" which provides information in respect of housing, finance, healthcare, and education among other issues. It provides details on how residents can apply for social housing and access Housing Assistance Payments.
I am aware that accessing accommodation is an issue for residents in accommodation centres given the current housing market. Assistance in such matters is readily forthcoming from a number of sources including local authorities, local management in accommodation centres and other support groups. My Department has funded a number of projects with NGOs such as the Jesuit Refugee Service and De Paul to assist those persons who are resident in accommodation centres who have been granted a form of status to access their own housing. Discussions are also ongoing with a number of Approved Housing Bodies to provide assistance nationwide.
747. Deputy Mattie McGrath asked the Minister for Justice and Equality the policy matters being examined by the gender equality division within his Department; the number of staff assigned to the division; and if he will make a statement on the matter. [32904/18]
Amharc ar fhreagraThe Gender Equality Division in my Department has a coordinating role in the implementation of the National Strategy for Women and Girls 2017-2020 and is responsible for a number of the actions under that Strategy. It also deals with gender equality issues that arise at EU, Council of Europe and UN levels and in other international forums.
Eight staff (6.8 full-time equivalent staff) are assigned to the Division.
The specific policy action in the National Strategy for Women and Girls that the Division is responsible for are to:
- Promote initiatives to support women returning to work from maternity leave. (Action 1.3)
- Consider an action specifically directed at increasing the employment rate of women, having regard to the different needs of different groups (e.g. lone parents) (Action 1.13).
- Consider the feasibility and benefits of an “Equality, Diversity and Inclusion mark” for business (Action 1.18).
- Undertake a package of measures to tackle the gender pay gap. Initiate dialogue between union and employer stakeholders to address the gender pay gap. Develop and promote practical information resources to explain and increase understanding of the multifaceted aspects of the gender pay gap and its causes. Develop practical tools to assist employers to calculate the gender pay gap within their organisations and to consider its aspects and causes, mindful of obligations regarding privacy and data protection. Promote wage transparency by requiring companies of 50 or more employees to complete a wage survey periodically and report the results. (Actions 1.21, 1.22 and 1.23)
- Hold a referendum on Article 41.2.1 of Bunreacht na hÉireann regarding a “woman’s life within the home”. (Action 3.1)
- Establish a programme of activity, including research, awareness-raising and cultural activities, to promote positive gender norms and to challenge negative gender norms. (Action 3.3)
- Support initiatives to encourage men and boys to be champions of gender equality, drawing on the Men Advocating Real Change, HeForShe, MAN Up and White Ribbon initiatives. (Action 3.4)
- Commission an independent review of the situation of women in the governance and senior management of companies in Ireland and of measures to promote and to increase women’s representation, such as targets for business. Informed by the recommendations of the independent review, develop and implement a package of measures to promote greater representation of women on corporate boards and in the senior management of companies. (Actions 4.1 and 4.2)
- Conduct a mapping exercise on gender balance in senior positions in the public service and assess possible barriers to achieving greater representation of women in senior positions. Based on the outcomes of actions to increase gender balance at senior level in the Civil Service and related learning in the public service, evaluate and prioritise actions which could increase the representation of women in senior positions in the public service. (Action 4.10)
- Support women’s community organisations to identify relevant local structures for participation, and support the participation and progression of women within these structures locally, regionally and nationally. (Action 4.14)
Some of this work is under way and all Actions will be addressed over the lifetime of the Strategy.
In addition to the above, the Division has a role in a number of other Actions which apply also to other Divisions, Departments and bodies.
749. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when the Ó Ríordáin high-level report into his Department will be laid before Dáil Éireann; and if he will make a statement on the matter. [32923/18]
Amharc ar fhreagraIn line with its terms of reference, the first report of the Effectiveness and Renewal Group (ERG), chaired by Padraig Ó Ríordáin was submitted to myself and the Taoiseach on 29 June and was noted by Cabinet and published and laid before the Houses of the Oireachtas on 10 July.
The report recommends a radical restructuring of the Department of Justice and Equality and the appointment of a new Secretary General to lead the transformation process. Aidan O'Driscoll has been appointed Secretary General with effect from September. Mr O'Driscoll has served as Secretary General of the Department of Agriculture, Food and Marine since 2015 and has a distinguished career in the civil service.
The key recommendation contained in the report addresses the need for a fundamental restructuring of the Department. There are two stages to this restructuring:
- Creation of two Divisions within the Department: ‘Home Affairs’ and ‘Justice and Equality’, each led by a Deputy Secretary. Home Affairs will be responsible for crime, policing and immigration with Justice and Equality responsible for civil law reform, courts, equality and integration. The existing Deputy Secretary post in the Department will become Deputy Secretary for Home Affairs. The process of appointing a Deputy Secretary for Justice and Equality is underway.
- The second stage involves the conversion of the Department from a topic-based “Traditional Model” to a “Functional Model”. Under the new Functional Model, the functions of both Divisions would be divided across five Units: Policy, Governance, Legislation, Transparency and Operations with each Unit performing tasks solely related to its function.
A process of procurement, as recommended by the ERG, to secure the necessary external expertise to assist the Department and its management in this transformation process is in its initial stages.
A copy of the report as published is available at http://www.justice.ie/en/JELR/ERG%20Report.pdf/Files/ERG%20Report.pdf.
750. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if legislation is being considered to address hate crime as reported by the IHREC; and if he will make a statement on the matter. [32924/18]
Amharc ar fhreagraMinister Stanton and I are committed to ensuring that Ireland is a safe and secure country for all those who live here and that racism, homophobia and all forms of discrimination are not tolerated. Important research into the issue of hate crimes in Ireland has been carried out by the Irish Council for Civil Liberties and the University of Limerick, and their recommendations will be given careful consideration.
Currently, the Prohibition of Incitement to Hatred Act 1989 creates offences of incitement to hatred on account of race, religion, nationality, ethnic or sexual orientation. Under the provisions of the Act, it is an offence to use words, behave, publish or distribute written material, or broadcast any visual images or sounds which are threatening, abusive or insulting and are intended, or are likely, to stir up hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation. “Hatred” is defined as “hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation.”
In addition to the 1989 Act, the criminal law also addresses crimes motivated by hate. Where criminal offences such as assault, criminal damage, or public order offences are committed with a racist motive, they are prosecuted as generic offences through the wider criminal law and the trial judge can take aggravating factors, including racist motivation, into account at sentencing.
The provisions of the 1989 Act are currently under review within my Department and this work will have regard to the views of stakeholders and the recent report of the ICCL and the University of Limerick as they relate to that Act and the legislative provisions by which other hate crime offences are prosecuted.
751. Deputy Noel Grealish asked the Minister for Justice and Equality the number of vehicles that have been seized by An Garda Síochána in each of the years 2013 to 2017 and to date in 2018 nationwide under section 14 of the Waste Management Act 1996; the number in County Galway for the same period belonging to persons caught dumping illegally without a waste permit; the number of persons who have been convicted for these offences under the Act in the past five years; if a unit will be set up in An Garda Síochána to tackle the issue of illegal dumping; if a unit will be set up in each Garda division; if legislation will be strengthened and penalties increased in order to address the problem; and if he will make a statement on the matter. [32950/18]
Amharc ar fhreagraIssues concerning the enforcement of waste legislation are statutory matters for local authorities or the Environmental Protection Agency (EPA) as appropriate, both of whom have significant powers available to them to secure compliance from waste collectors. My colleague, the Minister for Communications, Climate Action and Environment, Mr Denis Naughten, T.D., is responsible for providing a comprehensive legislative and waste policy framework through which the waste enforcement authorities operate.
I am advised that under Section 60(3) of the Waste Management Act 1996 (the Act), the Minister for Communications, Climate Action and Environment is precluded from exercising any power or control in relation to the performance by the EPA or a local authority, in particular circumstances, of a statutory function vested in it. I am further advised that, under Section 14 of the Act, an authorised person is allowed to halt and/or board a vehicle. Such a vehicle can be taken either by the original driver or by a driver employed by the enforcing authority to a designated place and be detained there. The halting and taking of the vehicle is required to relate to any purpose connected with the Act and the vehicle can be detained for as long as is necessary to fulfil the purpose under which it was seized. Furthermore, Section 61 of the Act provides for the detention and forfeiture of certain vehicles and equipment.
In summary, there is scope under current waste management legislation to seize vehicles involved in the carrying out of suspected unlawful waste activity and, in the event of a successful prosecution, to have such vehicles or equipment disposed of as the competent authority sees fit.
I am advised by my colleague, Minister Naughten, that his Department will be writing to local authorities, reminding them of the powers available to them under the Waste Management Act as outlined above and advising them that these powers should be fully exercised as a matter of policy and as part of the coordinated series of measures which have been introduced to tackle illegal dumping and the unauthorised movement of waste.
As regards the parts of the Deputy's question that relate to An Garda Síochána, I hope the Deputy will appreciate that these are operational matters for An Garda Síochána, in which I have no role as Minister. However, to be of assistance, I have requested a report from An Garda Síochána in relation to the information sought by the Deputy and I will be in contact with the Deputy directly on receipt of this report.
752. Deputy Noel Grealish asked the Minister for Justice and Equality the additional policing measures that will be put in place to ensure the security of Pope Francis during his visit to Knock in August 2018; and if he will make a statement on the matter. [32953/18]
Amharc ar fhreagraThe Deputy will appreciate that it is not the practice, for sound reasons of security, to go into the detail of the measures that would be put in place to protect the security of visiting heads of state and other dignitaries.
I can, however, assure the Deputy that significant planning and logistical preparations are being made by the Garda Authorities, in co-operation with other relevant agencies here and abroad, to ensure the security of the Papal visits to Knock and Dublin.
753. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the amount his Department has paid for consultancy services from 2012 to 2017; the details of these payments; the companies that received same; the amount received by each company; the hourly rates that applied to each company; and if he will make a statement on the matter. [32991/18]
Amharc ar fhreagraI wish to confirm to the Deputy that the information sought cannot be provided in the time allowed. As soon as the information has been collated I will write to the Deputy on the matter.
The following deferred reply was received under Standing Order 42.
To note the in some instances, the hourly rate is not available as the overall fee for the consultancy services was fixed or a daily rate as opposed to an hourly rate was applied.
A detailed breakdown of the information required by the Deputy is outlined in the appendix.
|
Year |
Company |
Amount (inc Vat) € |
Hourly rate € |
Detail of Payments: i.e. rationale for engaging Consultant |
|
2012 |
McCann Fitzgerald |
€495,232.38 |
N/A |
Development of the Insolvency Bill 2012 |
|
2011 - 2015 |
Professor Gisli Gudjonsson and Dr John Pearse of Forensic Navigation Services, UK |
€59,729 (over 5 years) |
N/A |
Annual Review of Garda Investigative Interview Training for the Smyth Committee |
|
2012 |
Safecon Training & Consultancy |
€984 |
N/A |
Department of Justice and Equality, 51 St Stephen’s Green, Safety Statement |
|
2012 |
IPA (Institute of Public Administration |
€24,538.50 |
N/A |
Mid-term review of first national Strategy on Domestic, Sexual and Gender based Violence |
|
2012 |
Capita |
€14,760 |
Contracted on a daily rate of 24 days@ €615 per day. Hourly rate based on 8 hour day of €76.88 |
Consultancy fees to undertake interim evaluation of European Refugee Fund and European Fund for the Integration of Third Country National – period 2007-2010. Evaluation is a requirement of EU Funding |
|
2012 |
Mr Owen McCarthy |
€2,450 |
Contracted for 7 days @ €350 per day. |
Report on the workshop of National Traveller Committees |
|
2012 |
Mr Owen McCarthy |
€2,200 |
An agreed amount. |
Report on ‘Ethnicity and Travellers: An Exploration’ conference proceedings. |
|
2012 |
RITS Bianconi Research Limited |
€10,083 |
€1,273 daily rate |
Required to conduct a perimeter ICT security review (Penetration test) to review & report on the integrity of the Department’s existing security infrastructure |
|
2012 |
Openplain |
€4,682 |
€646 daily rate |
Microsoft Software Licence Review/Audit |
|
2011/2012 |
Tribal/Helm taken over by Capita |
€44,227 |
N/A |
Strategy Development – quality control process to review and assist in implementing audit recommendations to ensure effective internal controls in financial management and payroll processes in the Financial Shared Services. |
|
2012 |
Mazars |
€12,677 |
N/A |
Review of Financial Management System & Payroll |
|
2012 |
Capita |
€3,997 |
N/A |
Audit of ICT in Probation Service |
|
2012 |
Capita |
€9,225 |
N/A |
Audit of ICT Shared Services in Justice |
|
2012 |
Capita |
€4,920 |
N/A |
Audit of Asylum Information System Information Programme (A.I.S.I.P) |
|
2012 |
Professor Tim Trimble |
€3,138.05 |
Fixed fee |
A jointly commissioned research project by the Probation Board for Northern Ireland and the Irish Probation Service. Research Project title – “Evaluation of The Stable and Acute 2007 Risk Assessment and Supervision Model in Use in Ireland and Northern Ireland” 50% paid by Probation Service. Total 2012-2015 €19,403 |
|
2012 |
Rogerson Reddan |
€35,806 |
N/A |
Options Study in relation to future infrastructural developments at Cork Prison |
|
2013 |
Sue Corbett & Jacinta Kitt |
€10,500 |
N/A |
Dignity at work in the Irish Prison Service Report on Staff Perceptions |
|
2013 |
KC Consulting |
€4,502 |
N/A |
Benchmark Exercise investigating the implementation of the Irish Prison Service incentivised regimes policy |
|
2013 |
RITS Bianconi Research Limited |
€6,874 |
€1,273 daily rate |
Penetration Testing |
|
2013 |
SAM360 (formerly Openplain) |
€1,776 |
€646 daily rate |
Microsoft Software Licence Review – final payment |
|
2013 |
Hibernia Evros |
€24,631 |
€554 daily rate |
Enterprise Design Architect to review options for datacentre re-build. |
|
2013 |
Professor Tim Trimble |
€3,031.54 |
Fixed fee |
A jointly commissioned research project by the Probation Board for Northern Ireland and the Irish Probation Service. Research Project title – “Evaluation of The Stable and Acute 2007 Risk Assessment and Supervision Model in Use in Ireland and Northern Ireland” 50% paid by Probation Service. Total 2012-2015 19,403 |
|
2013 |
The Communications Clinic |
€1,374 |
Information not readily available. |
Facilitators report of the workshop on Irish Sign Language held 14/12/2013 |
|
2013 |
RSM McClure Watters |
€23,097.32 |
N/A |
Impact Evaluation Study of Equality for Women Measure. (Payment of first and second instalments) |
|
2013 |
Capita |
€3,338 |
N/A |
Strategy Development – Audit on ICT in FSS (Financial Shared Services) |
|
2014 |
Dr J.J. Kennedy Roberts Bsc MB ChB OBE FRCGP |
€6,389 |
N/A |
Audit of Healthcare in certain prisons/institutions |
|
2014 |
RITS Bianconi Research Ltd |
€29,410 |
N/A |
Review of Irish Prison Service ICT Security 2014 |
|
2014 |
RITS Bianconi Research Ltd |
€38,701 |
€1,273 daily rate |
Information Security Advisor & Expert Opinion |
|
2014 |
Professor Tim Trimble |
€6,204.34 |
Fixed fee |
A jointly commissioned research project by the Probation Board for Northern Ireland and the Irish Probation Service. Research Project title – “Evaluation of The Stable and Acute 2007 Risk Assessment and Supervision Model in Use in Ireland and Northern Ireland” 50% paid by Probation Service. Total 2012-2015 19,403 |
|
2014 |
RSM McClure Watters |
€14,277 |
N/A |
Impact Evaluation Study of Equality for Women Measure (payment of final instalment) |
|
2014 |
Ms Maureen Lynott |
€4,900 |
N/A |
Facilitation of and reporting on a Consultative forum for the National Strategy on Domestic, Sexual and Gender-based Violence 2010 -2014 |
|
2014 |
University of Limerick |
€5,786 |
N/A |
Analysis of text for final Review of national Strategy on Domestic, Sexual and Gender based Violence |
|
2015 |
RITS Bianconi Research Limited |
€4,901 |
€1,273 daily rate |
Information Security Advisor- required to conduct various perimeter ICT security reviews (Penetration testing) & review & report on the integrity of the Department’s existing security infrastructure & other applications Department wide. |
|
2015 |
SAM360 |
€400 |
€400 (half day) |
Microsoft License Advisory Services |
|
2015 |
The Economic and Social Research Institute |
€25,000 |
Fixed fee |
Research Programme on Equality and Integration |
|
2015 |
Capita Consultants |
€15,015 |
Contracted on a daily rate of 27.3 days @ €550 per day. Hourly rate €68.75 based on 8 hour day |
Consultancy fees to undertake final evaluation of European Refugee Fund and European Fund for the Integration of Third Country National – period 2011-2013. Evaluation is a requirement of EU Funding. |
|
2015 |
Emma Doyle BL |
€4,307.46 |
N/A |
Consultation and Drafting re: Legal Services Regulation Act 2015 |
|
2015 |
Sinead Drinan BL |
€4,612.50 |
N/A |
Consultation and Drafting re: Legal Services Regulation Act 2015 |
|
2015 |
McDowell Purcell |
€34,809.00 |
€150- €180 per hour |
Professional Services re: Legal Services Regulation Act 2015 |
|
2015 |
Margaret O’Driscoll BL |
€7,995 |
N/A |
Consultation and Drafting re: Legal Services Regulation Act 2015 |
|
2015 |
Lucy McRoberts BL |
€7,955 |
N/A |
Consultation and Drafting re: Legal Services Regulation Act 2015 |
|
2015 |
Professor Tim Trimble |
€7,029.17 |
Fixed fee |
A jointly commissioned research project by the Probation Board for Northern Ireland and the Irish Probation Service. Research Project title – “Evaluation of The Stable and Acute 2007 Risk Assessment and Supervision Model in Use in Ireland and Northern Ireland” 50% paid by Probation Service. Total 2012-2015 19,403 |
|
2015 |
Archie Ker, Tarhell Training Centre, Scotland |
€973 |
N/A |
Feasibility Study of Laundry Service Mountjoy |
|
2015 |
Grant Thornton |
€7,926 |
N/A |
Independent verification of saving and costings under the Haddington Road Agreement in the Irish Prison Service |
|
2015 |
Frank Porporino |
€7,200 |
N/A |
There had been significant number of developments in the Irish Prison Service in terms of meaningful engagement by prisoners e.g. incentivised regimes, sentence management. Ensure alignment of Psychology Service with all other rehabilitative developments. |
|
2015 |
Cleanpass |
€6,000 |
N/A |
Development of cleaning manual for Irish Prison Service published – for internal use |
|
2015 |
Calista Nutrition |
€2,735 |
N/A |
Consultancy service used to review 28 day menu for prisoners. |
|
2015 |
Eustace Patterson |
€9,471 |
Fixed fee |
Arising from the Strategic Review of Penal Policy 2014, a review of drug and alcohol treatment services for adult offenders in prison and in the community was jointly commissioned by the Irish Prison Service and Probation Service. |
|
2016 |
Mazars |
€27,373 |
N/A |
Report on Insolvency Service Ireland Case Management System |
|
2016 |
University of Limerick |
€68,500 |
N/A (fixed term contract) |
Funding of Greentown Research Study which looks at criminal networks. This is an academic study which could not be undertaken within the Department |
|
2016 |
Empirica |
€15,759.37 |
N/A |
Pitch consultants to Cosc national awareness campaign Strategy on Domestic, Sexual and Gender based Violence |
|
2016 |
The Economic and Social Research Institute |
€25,000 |
Fixed fee |
Research Programme on Equality and Integration |
|
2016 |
Sandra Roe Research |
€10,000 |
25 days at €400 per day. |
Report of consultations with children and young people about human rights in Ireland in advance of the United Nations Universal Periodic Review (UPR) process |
|
2016 |
ESRI |
€82,600 |
N/A |
A study of Gender in Senior Civil Service Positions in Ireland. (payment of first instalment) |
|
2016 |
Cordatus Consulting Ltd |
€18,450 |
€1,000 daily rate |
A review of the service officer role and associated work processes. As part of the implementation of the Department’s Programme for Change, with reforms focused on improving the performance, management, and administration of the Department. The Department sough to examine how its service office cadre is deployed and to review the work processes associated with the service officer role. |
|
2016 |
RITS Bianconi Research Limited |
€18,841 |
€1,273 daily rate |
Information Security Advisor |
|
2016 |
Evros |
€62,136.50 |
€750 daily rate |
Business Analysis support to assist with the production of a Service Delivery Strategy for INIS |
|
2016 |
The Communications Clinic Ltd |
€24,221.16 |
Account Director (€250) per hour, Company Directory (€350) per hour, Senior Account Executive (€110) per hour |
Preparation and delivery of communications strategy for the IRPP |
|
2016 |
Eustace Patterson |
€19,619 |
Fixed fee |
Under the Joint Probation Service/Irish Prison Service Strategy 2015-2017 a review of IASIO(Irish Association for Social Integration of Offenders) a community based organisation funded by both organisations, was commissioned. |
|
2016 |
GSS International |
€14,441 |
N/A |
Value for Money Audit on the Canine Unit within Operational Support Group |
|
2016 |
Automobile Association |
€10,000 |
N/A |
Evaluation of the Irish Prison Service Fleet Management Structure and Processes |
|
2016 |
Rogerson Reddan |
€51,001 |
N/A |
Options Studies for future developments at Portlaoise and Castlerea Prisons |
|
2017 |
The Communications Clinic Ltd |
€2,691.24 |
Account Director (€250) per hour Company Directory (€350) per hour Senior Account Executive (€110) per hour |
Preparation and delivery of communications strategy for the Irish Refugee Protection Programme |
|
2017 |
Evros |
€96,135.60 |
€750 daily rate |
Business Analysis support to assist with the production of a Service Delivery Strategy for INIS |
|
2017 |
RITS Bianconi Research Limited |
€1,400 |
€1,273 daily rate |
Information Security Advisor |
|
2017 |
University of Limerick |
€80,011 |
N/A fixed term contract |
Funding of Greentown Research Study which looks at criminal networks. This is an academic study which could not be undertaken within the Department |
|
2017 |
Ebiquity Marsh |
€13,222.50 |
N/A |
Consultants engaged to undertake a media audit of the media buying for the national awareness What Would You Do? Campaign (if you witnessed domestic violence) |
|
2017 |
Ms Jennifer Carroll MacNeill |
€6,000 |
Payment for 12 days |
For necessary research input to legislative reform proposals |
|
2017 |
Fitzpatrick Associates |
€28,228.50 |
Contracted on a daily rate of 25.5 days @ €1,107 per day. Hourly rate of €138.83 based on 8 hour day. |
Consultancy fees to undertake interim evaluation of Asylum, Migration and Integration Fund period 2014-2017. Evaluation is a requirement of EU Funding. |
|
2017 |
ESRI |
€35,400 |
N/A |
A study of Gender in Senior Civil Service Positions in Ireland ( payment of final instalment) |
|
2017 |
Information Security Assurance Services Limited (ISAS) |
€113,412 |
€1,292/€1,169/€738 Daily rates for 3 separate people |
Independent Security Consultant. Also to provide detailed technical response to security issues that might arise from time to time. |
|
2017 |
SAM360 |
€400 |
€400 half day |
Microsoft License Advisory Services |
|
2017 |
Mazars |
€18,081 |
N/A |
Irish Prison Service IT Risk Assessment. |
|
2017 |
Mazars |
€48,708 |
€199.62 |
Organisation Structure Review. Expertise required to analyse and evaluate the broad structure of the organisation and advise how it could be more effectively organised to deliver on its strategic and business objectives. |
|
2017 |
EY |
€76,567.50 |
€106.34 |
To conduct a review of the Department of Justice and Equality’s Change Programme initiated in response to the Report of the Independent Review Group (Toland Report) |
|
2017 |
Mazars |
€59,409 |
N/A |
Governance and organisation structure review of the Irish Prison Service |
754. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the amount his Department has paid for external legal services from 2012 to 2017; the details of these payments; the companies that received same; the amount received by each company; the hourly rates that applied to each company; and if he will make a statement on the matter. [32992/18]
Amharc ar fhreagraIn respect of the Deputy’s question please see the enclosed table which outlines the amount my Department has paid for external legal services from 2012 to 2017; the details of these payments; the companies that received same; the amount received by each company and the hourly rates that applied to each company.
|
Year |
Company/Individual |
Brief Description of what Payment related to |
Amount € |
Hourly Rate € that applied to each Company/Individual |
|
2012 |
McCann Fitzgerald |
Development of the Insolvency Bill 2012 |
€495,232.38 |
N/A |
|
2012 |
Commission of Investigation into the Death of Gary Douche |
Related fees – it should be noted that the amount provided is the total cost of the Commission of Investigation into the Death of Gary Douche for the years 2012, 2013 and 2014. Records are not maintained in a way that would allow the breakdown of costs as requested by the Deputy and to provide same would require a disproportionate allocation of resources. |
€104,939 |
N/A |
|
2013 |
Commission of Investigation into the Death of Gary Douche |
as above |
€512,358 |
N/A |
|
2014 |
Commission of Investigation into the Death of Gary Douche |
as above |
€521,322 |
N/A |
|
2014 |
Chambers of David Perry QC & Simon Denison QC |
Professional fees in relation to advice sought regarding UK sentencing arising from a Judicial Review in respect of the Transfer of Sentenced Persons |
€1,400 |
€400.00 per hour |
|
2014 |
Chambers of David Perry QC & Simon Denison QC |
Professional fees in relation to advice sought regarding UK sentencing arising from a Judicial Review in respect of the Transfer of Sentenced Persons |
€2,516.67 |
€200.00 per hour |
|
2014 |
Patrick Donaghy & Co Solicitors |
Instruction fees/ Counsel Brief for Human Resources case. |
€12,315.94 |
N/A |
|
2014 |
McCarter and English, Attorneys, 100 Mulberry St. Newark, United States |
Provision of legal advice and services in relation to the filing of an Amicus Brief by Ireland in the US Court of Appeal Hearing in Microsoft Corporation v United States |
$73,359.50 |
$390 - $595 |
|
2015 |
McCarter and English, Attorneys, 100 Mulberry St. Newark, United States |
Provision of legal advice and services in relation to the filing of an Amicus Brief by Ireland in the US Court of Appeal Hearing in Microsoft Corporation v United States |
$5,863.20 |
$490 - $650 |
|
2015 |
Chambers of David Perry QC & Simon Denison QC |
Professional fees in relation to advice sought regarding UK sentencing arising from a Judicial Review in respect of the Transfer of Sentenced Persons |
€1,300.00 |
€200.00 per hour |
|
2015 |
State Claims Agency |
Agency Counsel Fees for Human Resources case. |
€5,459.97 |
N/A |
|
2015 |
Conor Devally SC, Jim Benson, John Fitzgerald JC, Karen O’Connor, Lisa Daly BL (legal assistant), Paul Greene, Paul Carroll JC, Siobhán Ní Chulachain |
The Independent Review Mechanism was established to review allegations of Garda misconduct, or inadequacies in the investigation of allegations, which were made to the Minister for Justice and Equality, or the Taoiseach. A panel of two Senior and five Junior Counsel was established for the purpose, selected on the basis of their experience of the criminal justice system. |
€47,047.50 €9,471.00 €21,709.50 €7,872 €1,627.50 €29,520 €21,525 €25,461 Total - €164,233.50 |
Counsel were paid a fee on a case by case basis of €300, €550 or €800 depending on the complexity of each case. Senior Counsel additionally had a brief fee of €30,000 to oversee the operation of the mechanism and ensure consistency of approach across all the cases. Junior Counsel were paid a retention fee of €8,000. |
|
2015 |
Emma Doyle BL |
Consultation and Drafting re Legal Services Regulation Act 2015 |
€4,307.46 |
N/A |
|
2015 |
Sinead Drinan BL |
Consultation and Drafting re Legal Services Regulation Act 2015 |
€4,612.50 |
N/A |
|
2015 |
McDowell Purcell |
Professional Services re Legal Services Regulation Act 2015 |
€34,809.00 |
€150 - €180 |
|
2015 |
Margaret O'Driscoll, BL |
Consultation and Drafting re Legal Services Regulation Act 2015 |
€7,995 |
N/A |
|
2015 |
Lucy McRoberts BL |
Consultation and Drafting re Legal Services Regulation Act 2015 |
€7,955 |
N/A |
|
2016 |
Gallagher Shatter Solicitors |
Legal fees at the O’Higgins Commission of Investigation |
€7,520.22 |
N/A |
|
2016 |
Conor Devally SC, John Fitzgerald JC |
The Independent Review Mechanism was established to review allegations of Garda misconduct, or inadequacies in the investigation of allegations, which were made to the Minister for Justice and Equality, or the Taoiseach. A panel of two Senior and five Junior Counsel was established for the purpose, selected on the basis of their experience of the criminal justice system. |
€19,126.50 €1,968 Total - €21,094.50 |
Counsel were paid a fee on a case by case basis of €300, €550 or €800 depending on the complexity of each case. Senior Counsel additionally had a brief fee of €30,000 to oversee the operation of the mechanism and ensure consistency of approach across all the cases. Junior Counsel were paid a retention fee of €8,000. |
|
2016 |
Murray Review |
Legal advice |
€6,697.35 |
N/A |
|
2017 |
Murray Review |
Legal advice |
€7,764.28 |
N/A |
|
2017 |
State Claims Agency |
Solicitors’ fees for Human Resources case. |
€14,744.48 |
N/A |
|
2017 |
State Claims Agency |
Plaintiff’s Legal costs for Human Resources case. |
€50,991.50 |
N/A |
|
2017 |
Michael McCormack BL |
Work carried out for the Department in relation to a request from the Disclosures Tribunal. |
€492 |
€246 per day |
|
Overall Total: €1,990,060.75 & $79,222.70 |
755. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the amount paid out as legal aid under criminal and civil legal aid schemes to external legal firms from 2012 to 2017; the details of these payments; the companies that received the payments; the amount received by each company; the hourly rates that applied to each company; and if he will make a statement on the matter. [32993/18]
Amharc ar fhreagraI wish to inform the Deputy that the provision of legal aid falls in two categories, that is, civil legal aid and criminal legal aid. Details in respect of each are outlined below.
Civil Legal Aid
The provision of civil legal aid in the State is delivered by the Legal Aid Board pursuant to the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017.
Civil legal aid services are generally provided by solicitors who are employed by the Legal Aid Board. In a minority of cases, civil legal aid services are provided by solicitors/barristers who are members of the Board’s private practitioner panels. The rate of payment to private legal practitioners for civil legal aid is not based on an hourly rate but is instead the subject of a standard schedule of fees for particular types of assignment.
The details of the fees are published on the website of the Legal Aid Board at
https://www.legalaidboard.ie/en/Lawyers-and-Experts/Legal-professionals-in-civil-cases/Inquests/Terms-and-Conditions/Retention-of-Counsel.html.
Criminal Legal Aid
The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. Under the Act, the grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of their defence or appeal. The granting of aid is a matter for the court.
Legal representation under the Criminal Legal Aid Scheme is provided entirely by solicitors and barristers in private practice who have notified the County Registrars (in the case of solicitors) and my Department (in the case of barristers) of their willingness to be placed on panels for the undertaking of legal aid work. The Judge who grants legal aid to a defendant assigns to that person a solicitor from the panel.
The rates of fees payable to solicitors for attendance in the District Court and for appeals to the Circuit Court with effect from 13 July 2011 are set out in Statutory Instrument No. 362 of 2011. €201.50 is paid for the first appearance in court by the solicitor and €50.39 is paid for any subsequent court appearances.
Statutory Instrument No. 234 of 1976 provides that fees paid to counsel acting in the Circuit and higher courts for defendants who have been granted free legal aid are paid on a parity basis with the fees payable to prosecution counsel as set by the Office of the Director of Public Prosecutions (ODPP). The fees paid to solicitors for the defendant are related to those paid to junior counsel as provided for by Statutory Instrument No. 33 of 1978. Details of the main fees payable in the Circuit Court and the Central Criminal Court with effect from 1 October 2011 are set out below.
SCHEDULE OF MAIN FEES
Senior Counsel
|
Court |
Brief |
Refresher |
Sentence |
Adjourned Sentence |
|
Circuit Court |
€1,716 |
€858 |
€370 |
€185 |
|
Central Criminal Court/Murder |
€7,127 |
€1,562 |
€370 |
€185 |
|
Central Criminal Court/Rape |
€5,704 |
€1,562 |
€370 |
€185 |
Junior Counsel
|
Court |
Brief |
Refresher |
Sentence |
Adjourned Sentence |
|
Circuit Court |
€1,144 |
€572 |
€247 |
€124 |
|
Central Criminal Court/Murder |
€4,752 |
€1,041 |
€247 |
€124 |
|
Central Criminal Court/Rape |
€3,803 |
€1,041 |
€247 |
€124 |
Solicitor
|
Court |
Brief |
Refresher |
Sentence |
Adjourned Sentence |
|
Circuit Court |
€1,144 |
€418 |
€180 |
€90 |
|
Central Criminal Court/Murder |
€7,127 |
€750 |
€180 |
€90 |
|
Central Criminal Court/Rape |
€3,803 |
€760 |
€180 |
€90 |
Comprehensive details in respect of the amounts paid out under the schemes are being collated at present and will be sent to the Deputy separately.
756. Deputy Jack Chambers asked the Minister for Justice and Equality his plans to bring forward legislation to amend the Adoptive Leave Acts in order that adoptive fathers are entitled to a period of adoptive leave; and if he will make a statement on the matter. [32997/18]
Amharc ar fhreagraAs the Deputy is aware, Section 6 of the Adoptive Leave Act 1995 provides for an entitlement to 24 weeks adoptive leave for an employed adopting mother or a sole male adopter.
Following adoption of the 34th amendment to the Constitution and its subsequent legislative changes, my Department identified a lacuna in the Adoptive Leave Act 1995 that prevents male same-sex married couples from availing of adoptive leave and benefits.
To address this lacuna, my Department has prepared draft legislative proposals that will amend the Adoptive Leave Act and will afford the same entitlements to adoptive leave and benefits to all couples who are married, co-habiting or who are in a civil partnership, irrespective of gender. In this context, I can confirm that the Government intends to amend the Act to allow an adopting couple to determine which parent is entitled to take adoptive leave, based on the best interests of their family. These proposals will be inserted into a suitable legislative vehicle in the next parliamentary session.
757. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); when the application is likely to be brought to a conclusion; and if he will make a statement on the matter. [33013/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of an application for a certificate of naturalisation from the person referred to by the Deputy, which was received 12 February 2018, is still under consideration and has not yet reached a conclusion. The application will be submitted to me as expeditiously as possible.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most straightforward cases are now processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.
758. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of times the DPP appealed the leniency of a sentence in 2016, 2017 and to date in 2018; the percentage of sentences imposed that this represents; and if he will make a statement on the matter. [33016/18]
Amharc ar fhreagraAs the Deputy will be 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.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the number of times the DPP appealed the leniency of a sentence in the years 2016 to date are as follows;
|
- |
Central Criminal Court |
Circuit Court |
Special Criminal Court |
Total |
|
Undue leniency applications lodged in 2016 |
3 |
50 |
2 |
55 |
|
Undue leniency applications lodged in 2017 |
4 |
44 |
0 |
48 |
|
Undue leniency applications lodged in 2018 (to 17th July 2018) |
1 |
27 |
0 |
28 |
The Courts Service has advised that it is not possible to provide the information in relation to the percentage of sentences imposed as it does not collate the statistical data in a manner which would permit this figure to be calculated.
759. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 346 and 349 of 20 September 2017, if the Garda report is now available; and if he will make a statement on the matter. [33018/18]
Amharc ar fhreagraI have again requested a report from An Garda Síochána in relation to the matters raised by the Deputy and I will be in contact with the Deputy directly on receipt of this report.
760. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 563 of 7 November 2017, which was a follow-up to Parliamentary Questions Nos. 888 of 20 June 2017 and 550 of 26 July 2017, respectively, if the Garda report is now available; and if he will make a statement on the matter. [33019/18]
Amharc ar fhreagra761. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 564 of 7 November 2017, which was a follow-up to Parliamentary Questions Nos. 794 of 20 June 2017 and 551 of 26 July 2017, respectively, if the Garda report is now available; and if he will make a statement on the matter. [33020/18]
Amharc ar fhreagra762. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 565 of 7 November 2017, which was a follow up to Parliamentary Questions Nos. 795 of 20 June 2017 and 552 of 26 July 2017, respectively, if the Garda report is now available; and if he will make a statement on the matter. [33021/18]
Amharc ar fhreagraI propose to take Questions Nos. 760 to 762, inclusive, together.
I have again requested a report from An Garda Síochána in relation to the statistics sought by the Deputy and I will be in contact with the Deputy directly on receipt of this report.
763. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 566 of 7 November 2017, which was a follow up to Parliamentary Questions Nos. 796 of 20 June 2017 and 553 of 26 July 2017, respectively, if the Garda report is now available; and if he will make a statement on the matter. [33022/18]
Amharc ar fhreagraI have again requested a report from An Garda Síochána in relation to the statistics sought by the Deputy and I will be in contact with the Deputy directly on receipt of this report.
