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Wednesday, 24 Sep 2014

Written Answers Nos. 1-16

Coroners Service

Questions (10)

Mattie McGrath

Question:

10. Deputy Mattie McGrath asked the Minister for Justice and Equality if she will provide details on the amount the Coroners Court in County Tipperary has received over the past three years in terms of funding for staff and facilities; the training such staff have received in order to sensitively engage with families in view of the nature of their work; and if she will make a statement on the matter. [35384/14]

View answer

Written answers

I should explain that coroners are appointed and paid by local authorities. Coroners are drawn from both the legal and medical professions and are of course very aware of the importance of dealing with bereaved families in a sensitive, humane and caring manner.

My understanding is that the remuneration for a coroner is made up of a basic retainer, which varies according to the case load and is intended to cover, for example, on-call duty and office expenses. A fee per case is also paid in relation to work carried out on the following basis:

Death reported €129.68

Death certified following post mortem €188.54

Death certified following post mortem and inquest €522.97

The number of cases in each category for the coroners in Tipperary for the years 2011, 2012 and 2013 are available on the coroner service website and I am setting these out along with details of the associated payments in the table below.

As the Deputy will be aware, the Coroners Bill 2007, which has been restored to the Order Paper, provides for a comprehensive reform of the law, practice and structures in regard to the coroner service. The Bill is in the course of being reviewed in my Department and in that context all governance and administrative matters in relation to coroners will be examined to determine how reform can be achieved in a cost effective manner.

Table 1

Tipperary North

Year

2011

2012

2013

Death Report only

€22,564.32

€19,711.36

€22,175.28

Death Report and PM

€8,107.22

€5,467.66

€4,147.88

Report and PM and Inquest

€1,045.94

€1,568.91

€6,275.64

Retainer

€21,774

€21,774

€21,774

TOTAL

€53,491.48

€48,521.93

€54,372.80

Tipperary South

Year

2011

2012

2013

Death Report only

€23,083.04

€23,601.76

€29,826.40

Death Report +P.M.

€14,140.50

€16,214.44

€16,780.06

Report + P.M. + Inquest

€16,735.04

€20,918.80

€13,597.22

Retainer

€21,774

€21,774

€21,774

TOTAL

€75,732.58

€82,509

€81,977.68

Direct Provision System

Questions (11)

Richard Boyd Barrett

Question:

11. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if she will consider closing the 34 direct provision centres in the State and putting an end to the institutionalisation that is having such a detrimental effect on the lives of asylum seekers; and if she will make a statement on the matter. [35426/14]

View answer

Written answers

The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of protection applicants in accordance with the Government policy of direct provision and dispersal. Direct provision provides for full board accommodation supports while a final decision is awaited by a person on their protection or any related leave to remain application. Currently, 4,330 persons are residing in 34 asylum accommodation centres under contract to RIA. The numbers of asylum seekers residing in direct provision has reduced significantly in recent years. The current figure of 4,330 compared to the numbers residing in direct provision at its highest point in April, 2005 (8,080), shows that there has been a reduction of 46%, or 3,750 persons, in the intervening period. The decline in numbers seeking accommodation is matched by a decline in the number of accommodation centres needed. For example, in the period 2009 to date, RIA has reduced its accommodation portfolio from 60 centres to 34. The last centre closed was Cliffview in Donegal town in July, 2013.

The Deputy will be aware from my answer to Question 35740/14 today as to how the Government intends to give effect to the commitment in the Statement of Government Priorities 2014-2016 in relation to the protection process, including direct provision.

The intention in prioritising the International Protection Bill is to reduce the length of time an applicant spends in the protection system through the establishment of a single applications procedure. It would also be my intention that that issue of the length of time that persons spend in direct provision would be addressed by the Working Group which is being established.

The intention more generally will be to focus on achieving improvements in the direct provision system as it currently operates which will bring real benefits to those living there.

Question No. 12 answered orally.

Departmental Funding

Questions (13)

Pádraig Mac Lochlainn

Question:

13. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to commission or offer funding for a new sexual abuse and violence in Ireland report in order to gather more concrete and comprehensive data on sexual violence here. [35404/14]

View answer

Written answers

In recent months, my Department has been engaged with the Dublin Rape Crisis Centre in exploring the possibility of undertaking a follow-on study to the Sexual Abuse and Violence in Ireland (SAVI) study which was undertaken in 2001 and published in 2002. Since I took up office in the Department, I have been provided with an outline proposal from the Dublin Rape Crisis Centre in regard to the necessary work.

I have also met the Dublin Rape Crisis Centre’s Chief Executive, Ms Ellen O’Malley-Dunlop along with the principal researcher who undertook the original study, Prof. Hannah McGee and had a very good exchange of views as to the value and feasibility of undertaking this particular project at this time. I requested a further more detailed proposal and I have, very recently, received a copy of that proposal which is now being examined by officials in my Department.

As the estimate for the cost of the work involved is quite substantial, the initial proposal suggested part-funding of the project across four Government Departments. I was persuaded that there is a value to the proposed research and I have been in correspondence with the relevant Ministers requesting that they consider the possibilities of part-funding the project.

I will further consider the proposal following receipt of the views of my Cabinet colleagues.

Firearms and Ammunition Security

Questions (14)

Maureen O'Sullivan

Question:

14. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality in view of the increase in gun crime, gun injuries and death here over the past decade if she will concede that there is a serious problem in this country with availability of lethal firearms; her views on combating this, such as a gun amnesty which has been used in many other countries whereby any person can hand in weapons to gardaí to reduce the number of lethal firearms in circulation and vastly reduce horrific gun injuries. [35380/14]

View answer

Written answers

It is unfortunately the case that gun crime has for some time been an inherent part of organised criminal activity in Ireland, as it is in other similar jurisdictions. This demands a robust response, and this is precisely what is happening. Gardaí tackle this type of crime through a range of targeted and intelligence based operations, often disrupting and preventing incidents, as well as detecting and prosecuting those involved. Shortly after taking up office I discussed the challenges presented by this type of crime with the Acting Garda Commissioner, who outlined the substantial efforts being made by An Garda Síochána to identify and target those involved.

A range of operations are in place to target and confront armed and organised criminals, including Operation Domino and Operation Hybrid in the Dublin area. In addition to these enforcement measures, An Garda Síochána also engages extensively with communities in a range of fora to address local concerns relating to crime and community safety, including the impact that organised crime can have at a community level.

Heavy penalties are provided for weapons offences in our criminal law and mandatory minimum penalties have been introduced for certain firearms offences. The considerable powers already available to Gardaí have been supplemented further by the recent DNA Database legislation which provides for the establishment of a Database which will have the capacity to link suspects to unsolved crimes using forensic evidence, and will greatly assist Gardaí in investigating a whole range serious offences.

I am not convinced at this stage that some form of firearms amnesty would make a useful contribution to the reduction of gun crime. There was such an arrangement for a two month period in late 2006 but that was in the context of new licensing arrangements being introduced and represented an opportunity for people to regularise their situation before the heavier penalties provided for in the legislation came into force. It is doubtful that such an amnesty would result in hardened criminals handing up weapons. Equally, I am not sure it is desirable to allow people who hold firearms illegally to evade the legal consequences for that. Nevertheless, I will keep this matter under review.

What I believe is very important is that we have robust legislation in place in relation to firearms. In that context, in view of public safety concerns raised by the Garda Commissioner, a joint Review of operational, legislative and administrative issues governing firearms licensing is being conducted by my Department and An Garda Síochána. The Review is nearing completion and I will consider its recommendations shortly. It is intended that a public consultation on the Review will also take place.

Anti-Social Behaviour

Questions (15)

Niall Collins

Question:

15. Deputy Niall Collins asked the Minister for Justice and Equality the actions she will take to reduce anti-social behaviour in Dublin city centre; the number of convictions that have been secured through the Criminal Justice (Public Order) Act 2011 by year to date in 2014; if she will consider establishing a dedicated public order unit for Dublin city centre; and if she will make a statement on the matter. [35372/14]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the deployment of Garda personnel and for the management and organisation of Garda operational units. I am assured that Garda management in the Dublin Metropolitan Region keep this deployment under continuing review in the context of crime trends and policing priorities, including with respect to concerns about public order and anti-social behaviour, so as to ensure that the best possible use is made of policing resources.

I do of course appreciate the issues of concern which the Deputy has raised and would draw his attention to the Dublin City Centre Policing Plan which has been operational since June 2013. Garda actions under the Plan include dedicated high visibility patrols in key commercial and public thoroughfares. These patrols are informed by crime trends, demand studies and footfall in the areas in question. I am also aware that An Garda Síochána engages extensively with business and community interests in the city centre area with respect to crime prevention, enforcement and policing concerns.

The Garda approach includes focusing resources on specific areas of the city according to need. As part of this, a number of targeted city centre policing operations are in place.

These operations include Operation Pier, which concentrates on the South Quays and Temple Bar area. This operation includes the designation of certain areas as "hotspots" for anti-social behaviour and regular uniformed and plain clothes patrols. Other Garda Operations in the city centre include Operation Spire which is focused on the O’Connell Street and North Inner City areas, and Operation Stilts which is an ongoing overt policing operation targeting anti-social behaviour and drug-related crime in Dublin city centre locations.

I am conscious of the perspectives of business and community interests about the effects of certain types of crime and anti-social behaviour on the environment for business and leisure and on the overall quality of life for residents. Some of the problems faced are linked to disorder associated with abuse of alcohol and An Garda Síochána work closely with a wide range of businesses involved in the entertainment and nighttime economy to address these issues so that people can enjoy themselves without concern for their welfare.

Other challenges have their origin in even more complex social phenomena which go well beyond the capacity of criminal justice agencies to address on their own. Dealing with these matters requires a co-ordinated approach from state agencies involved in social, housing, health and drug treatment services, as well as through partnership with business, community and voluntary groups. An Garda Síochána is already a long-term partner in a range of local consultative and representative structures in Dublin and elsewhere. I am considering how we can step up this co-operation with a view to developing collaborative solutions to the range of issues which affect policing and the overall quality of the environment in our urban centres.

With regard to the Deputy's request for specific information regarding convictions under the Criminal Justice (Public Order) Act 2011 by year to date in 2014 in Dublin City Centre, the Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy.

Office of the Ombudsman Remit

Questions (16)

Pádraig Mac Lochlainn

Question:

16. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to extend the oversight powers of the Ombudsman’s office to cover our prisons and our immigration system including our direct provision centres. [35406/14]

View answer

Written answers

The question of extending the remit of the Ombudsman is in the first instance a matter for the Minister for Public Expenditure and Reform and that remit was significantly extended under the Ombudsman (Amendment) Act 2012. However, after careful consideration of all the issues involved, it was determined that the administration of the law relating to immigration or naturalisation, including direct provision centres, should not be within the scope of the Ombudsman. Not least in this debate was the fact that there are already a significant number of appeal processes built into the system including Judicial Reviews. That said, the matter will be kept under review. I should also add that the Irish Naturalisation and Immigration Service (INIS) has administrative arrangements in place with the Office to assist and provide information and help resolve any matters brought to its attention.

In terms of oversight of our prisons, the Office of the Inspector of Prisons has been established on a statutory basis since 2007 by virtue of Part 5 of the Prisons Act, 2007 and is independent. The Inspector has an important role in ensuring an effective independent oversight of our prison system and has my full support in carrying out his remit.

I intend to strengthen the independent oversight of our prison system. In line with plans announced previously, the Government has approved the drafting of a General Scheme of an Inspection of Places of Detention Bill, which will include provisions to make Visiting Committees more effective, while they continue their role of visiting prisons, meeting with prisoners, and liaising on their behalf with prison authorities. I believe this will make them more effective and improve the independent oversight of our prisons.

Once finalised later this year, the General Scheme will be referred to the Joint Committee on Justice, Defence and Equality for pre legislative scrutiny and for the conduct of a broad consultation process with civil society. Following the conclusion of this consultation process Parliamentary Counsel will be requested to draft the Bill in line with the General Scheme.

In the circumstances I am not convinced that there is any added value in extending the remit of the Ombudsman to our prisons.

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