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Wednesday, 5 Apr 2017

Written Answers Nos. 91-102

Schools Building Projects Status

Ceisteanna (91)

Peter Burke

Ceist:

91. Deputy Peter Burke asked the Minister for Education and Skills his plans to expedite the construction of a school (details supplied) in view of significant past delays with the project; and if he will make a statement on the matter. [16492/17]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to be able to inform the Deputy that my Department understands that tenders for the project to which he refers issued on 3 April, 2017.

The Tender return date is 10 May 2017.

As the Deputy will be aware, the Design Team for the project is working to an accelerated programme to ensure that the new school building will be ready for occupation for September, 2018. My Department will continue to monitor progress on the project, which is being delivered by the local authority, to ensure that this delivery date is achieved.

School Guidance Counsellors

Ceisteanna (92)

Thomas Byrne

Ceist:

92. Deputy Thomas Byrne asked the Minister for Education and Skills if he will report on the commitment in the confidence and supply arrangement on career guidance counsellors and the implementation of same. [16457/17]

Amharc ar fhreagra

Freagraí scríofa

The measures announced by my Department as part of Budget 2016 and 2017 mean that 400 guidance posts, or two thirds of the Guidance allocation that was withdrawn in Budget 2012, will be restored to schools from September 2017.

It has been made clear that all these 400 posts are allocated separately and transparently, and outside of the quota on the normal schedule of posts. This has been made clear in the circular and the schedule of posts which accompanied it. It has also been made clear in all of our communications with schools and with management bodies.

This means that there is now an obligation on schools to ensure that these hours are used for guidance activities. Schools can decide to allocate more hours to guidance than the amount allocated on the schedule. They cannot allocate fewer.

The guidance plan will outline the school's approach to guidance generally, and how students can be supported and assisted in making choices and successful transitions in the personal and social, educational and career areas.

In line with best practice, and in line with practice in the Irish educational system for almost 20 years, the allocation of these hours within the school take place in accordance with the Whole School Guidance Plan.

The guidance counsellor will form a central part of the plan, which sets out how the entire resources of the school will work towards achieving the best possible outcomes for the students in the guidance area. It is likely that the vast majority of these activities will be delivered by guidance counsellors; however, in many schools it will be decided that some activities may be delivered by other staff members - eg year heads. These decisions will depend on the specific needs of the student population.

My Department has also made it clear that schools' guidance plans should include specified time allocation for guidance counsellors to be available for one to one guidance counselling, and time allocation for the role in supporting the organisation and work of the Student Support Team.

As part of the Whole School Evaluation process, inspectors in the Department of Education and Skills examine guidance provision in schools, including confirming that a whole-school guidance plan is in place. The Department's Inspectorate also has a specific programme of guidance inspections in schools.

Following a school inspection any recommendations made by an inspector will be communicated to the school, and the Board of Management and patron body will be required to implement these recommendations. The Inspectorate carry out follow-through inspections to monitor compliance by schools with recommendations made.

The Department, in determining its inspection programme for schools, will take into account all information available to it, including where a complaint has been made regarding non-compliance, and decisions around inspections will be based on this information.

Census of Population Data

Ceisteanna (93)

Noel Rock

Ceist:

93. Deputy Noel Rock asked the Taoiseach the details of the breakdown of home owner proportion by age band in the past six censuses undertaken by the State. [16807/17]

Amharc ar fhreagra

Freagraí scríofa

Due to the volume of research and data that is required, we will defer our response and provide the answer directly to the deputy by the 19th April 2017.

Consultancy Contracts Data

Ceisteanna (94)

Catherine Murphy

Ceist:

94. Deputy Catherine Murphy asked the Taoiseach the number of private investigation firms hired by statutory agencies and or semi-States under the aegis of his Department in the past five years to date in 2017; the names of the firms; the amount they were paid; if they supplied his Department with a report on completion of their work; and if he will provide copies of reports submitted to him from these firms as a result of his engagement. [16991/17]

Amharc ar fhreagra

Freagraí scríofa

The relevant agency insofar as my Department is concerned is the National Economic and Social Council (NESC). The NESC has not hired any private investigation firms in the past five years to date in 2017.

Brexit Issues

Ceisteanna (95, 96)

Joan Burton

Ceist:

95. Deputy Joan Burton asked the Taoiseach if there is a senior official with designated responsibility for Brexit matters in his Department; if so, the grade of the designated official; the funding allocated to the said Brexit unit; the cost to date; and the anticipated cost. [17009/17]

Amharc ar fhreagra

Joan Burton

Ceist:

96. Deputy Joan Burton asked the Taoiseach the number of staff deployed full time in his Department in respect of Brexit; and if there is a designated section or unit to deal with Brexit. [17025/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 95 and 96 together.

I have restructured my Department to ensure that Brexit is treated as a crucial cross-cutting issue, by creating an amalgamated International, EU and Northern Ireland Division, under a Second Secretary General who also acts as the Government's Sherpa for EU business, including Brexit. The work of this Division includes supporting the Cabinet Committee on Brexit and the Cabinet Committee on European Affairs. There are 31 staff assigned to this Division. Staff in other divisions, notably the Economic Policy Division, also contribute to the work on Brexit.

My Department has also availed of the specialist expertise and knowledge required to respond to the challenges associated with Brexit through the secondment of personnel from semi-State bodies and the private sector to strengthen its capacity in this area.

Costs associated with Brexit were factored into my Department’s 2017 Revised Estimate provision which stands at €36.7 million. Resources allocated to Brexit in my Department are kept under ongoing review.

Juvenile Offenders

Ceisteanna (97)

Tony McLoughlin

Ceist:

97. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality the extent to which support services exist to rehabilitate and educate first-time juvenile offenders with specific reference to the need to ensure that such first-time offenders do not become subject to the influence of recidivists across Ireland and specifically in counties Sligo and Leitrim; and if she will make a statement on the matter. [16900/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy may be interested in the legal framework applicable to young offenders and the activities and services funded by my Department which support the operation of the law in this area.

Statutory provision in relation to young offenders is set out in the Children Act 2001 (as amended). Accordingly, where a young person under the age of 18 comes into conflict with the law, the principles of the Act apply. A key principle in the Act is that detention should be a last resort. In support of this principle, the legislation facilitates the incremental application of a series of measures, ranging from diversion in the first instance through community based sanctions, to detention.

The first main filter in the youth justice system is the Diversion Programme operated by An Garda Síochána, involving at different stages and depending on the seriousness of the offence, the informal caution (without supervision) and the formal caution (with supervision), including possible involvement with a Garda Youth Diversion Project. The second main filter is the range of non-custodial sanctions available to the courts including court orders for dismissal; conditional discharge; the payment of fines, costs or compensation; the binding over of parents; and orders imposing community sanctions supervised by the Probation Service. In supervising community sanctions, the Probation Service utilises a number of community based organisations with dedicated resources to work with young offenders.

Finally and as a last resort, detention in the Oberstown Children Detention Campus may be used. In this regard, I should mention that my colleague the Minister for Children and Youth Affairs, Dr. Katherine Zappone recently announced the roll-out of a pilot Bail Supervision Scheme for young people which will assist them in complying with their bail conditions pending the hearing of their case. International evidence suggests that this scheme should impact remand trends by offering the court a new option ‘bail with supervision’ as an alternative to a remand in detention. This alternative option should also help a young person to moderate their chaotic circumstances and promote greater stability.

It will be seen, therefore, that the focus under the law is to adopt a graduated approach which in the main serves to keep the vast majority of young offenders out of the criminal justice system. The Deputy might wish to note that in its 2015 Report, the statutory committee to monitor the effectiveness of the Diversion Programme reported that 74% of children referred to the Diversion Programme were admitted to it, thereby keeping them out of the criminal justice system and away from the potential negative influence of more serious recidivist offenders. The report also highlighted that 71% of children referred to the Programme were referred only once that year.

The operation of the above statutory framework is substantially supported by the significant investment by my Department through the Irish Youth Justice Service in community based programmes which are directed at diverting young people from further involvement in criminal or anti-social behaviour. These youth justice community programmes, which are managed by Community Based Organisations, proceed on the basis of evidence that diversion programmes in the form of high quality preventative intervention can do more to reduce crime than more costly custodial sanctions.

In 2017, approximately €21m, inclusive of €4m in Dormant Accounts Fund monies, will be allocated by my Department to Garda Youth Diversion Projects, Young Persons Probation Projects and other community based youth justice initiatives around the country. This substantial investment in community level youth justice projects and activities is managed in partnership with An Garda Síochána and the Probation Service. I might also point out that all 105 Garda Youth Diversion Projects and four of the eighteen Young Persons Probation Projects are part supported by the Irish Government and the European Social Fund (ESF) as part of the ESF Programme for Employability, Inclusion and Learning (PEIL) 2014-2020. The projects attract this EU funding as a social inclusion measure which increases the education and employment opportunities available to young people in addition to diverting them from any further involvement with the criminal justice system.

The purpose of this investment in youth crime intervention work is to engage young people in a process of learning and development that enables them to make positive lifestyle choices. The targeted supports involved seek to provide participants with the life skills that help them to make positive choices and desist from criminal and anti-social behaviour which in turn will enable them to be positive contributors to society. Project activities are wide and varied focusing on the specific risk and needs of young offenders which in the case of the Garda Youth Diversion Projects are assessed upon their referral into a project. Each project develops a tailored suite of interventions to use with each young person based on the risks and needs identified. Examples of activities undertaken across the projects include education and employment related programmes, peer relations programmes, substance abuse programmes, personality and behaviour related programmes with referral to appropriate agencies where required, leisure and recreation programmes, family and parenting related programmes, etc.

As the Deputy is probably aware, the Youth Action Project Sligo (YAPS) Garda Youth Diversion Project serves Sligo Town and its environs. In 2016 the Project's catchment area was extended in the Sligo/Leitrim area. The YAPS Project engages with young people in Leitrim in youth centres based in Manorhamilton and Drumshanbo by way of outreach support. The Monitoring Committee referred to above reported in 2015 that some 153 young people in the Sligo/Leitrim area were referred to the Diversion Programme that year, down 4% on the number of referrals in 2014. Recent information in relation to youth crime in County Sligo and County Leitrim indicates that theft from shops, breach of bail and public order offences are the three most common offences in the catchment area. Nationally, theft and related offences, public order and damage to property were the main categories of offences for which children were referred to the Diversion Programme in 2015. In 2017, my Department through the Irish Youth Justice Service is providing €116,500 to the YAPS Project.

Money Laundering

Ceisteanna (98)

Thomas P. Broughan

Ceist:

98. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality when she will bring forward the criminal justice (money laundering and terrorism financing) (amendment) Bill on the fourth EU money laundering directive; and if she will make a statement on the matter. [16831/17]

Amharc ar fhreagra

Freagraí scríofa

In December 2016, the Government approved the publication of the General Scheme of the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill which will give effect to most of the provisions contained in the 4th EU Anti-Money Laundering Directive (4AMLD), the aim of which is the strengthening of laws in the EU to combat money laundering and terrorist financing. The provisions of the 4AMLD are closely modelled on the recommendations of the Financial Action Task Force (FATF), an inter-governmental body which sets standards and promotes measures for combatting money laundering and terrorist financing.

The Bill will amend the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 which gave effect to the 3rd EU Anti-Money Laundering Directive (3AMLD) and previous FATF recommendations. The 4AMLD builds upon the risk-based approach first provided for in 3AMLD and provides that “designated persons” - such as banks and other bodies - must determine, on the basis of a risk assessment and taking into account relevant factors, the risk of money laundering and terrorist financing posed by a particular transaction, service or customer, and apply customer due diligence measures accordingly. The Bill is currently being drafted.

While the Bill will give effect to the greater part of the Directive, some provisions (i.e., the establishment of registers of beneficial ownership of companies and trusts) are being transposed into Irish law by my colleague, the Minister for Finance.

Driver Licences

Ceisteanna (99)

John Brady

Ceist:

99. Deputy John Brady asked the Tánaiste and Minister for Justice and Equality the number of persons who wrongfully lost their driving licences as a result of serious discrepancies within the work of An Garda Síochána; and if she will make a statement on the matter. [16878/17]

Amharc ar fhreagra

Freagraí scríofa

The specific information sought by the Deputy is not available at present. Insofar as the 14,700 people convicted of road traffic offences in court following the incorrect issuing of a summons are concerned, An Garda Síochána has indicated that it has established a dedicated support helpline for members of the public with queries in relation to their case. An Garda Síochána is also writing to all affected members of the public, explaining what has happened and outlining the solution to rectify the situation. An Garda Síochána has indicated that it has been advised by the Director of Public Prosecutions and Courts Service that these 14,700 cases must be brought back before the Courts at Circuit Court level with a view to requesting that the erroneous convictions can be set aside. An Garda Síochána has established a dedicated team to this end and is liaising with the Court Services to expedite this process. As such, members of the public affected by the road traffic enforcement errors referred to are requested to await the aforementioned correspondence from An Garda Síochána which will provide further clarification on the matter.

I can inform the Deputy that I have written to the Chairperson of the Policing Authority in accordance with section 62O(6) of the Garda Síochána Act, 2005 (as amended) to report to me on its oversight of the issues which have arisen in relation to fixed charge notices and mandatory alcohol testing over the coming period. In particular, I requested that an investigation should be conducted to examine all issues arising, addressing to the extent possible the reasons why the issues have arisen; the incidence and scale of the issues; and the solutions implemented to ensure there is no recurrence. It is expected that the Authority will engage outside expertise to carry out this work.

Motor Insurance

Ceisteanna (100)

John Brady

Ceist:

100. Deputy John Brady asked the Tánaiste and Minister for Justice and Equality the number of persons who were overcharged for motor insurance as a result of penalty points on their driving licences due to the serious discrepancies within the work of An Garda Síochána; and if she will make a statement on the matter. [16879/17]

Amharc ar fhreagra

Freagraí scríofa

Information of the kind sought by the Deputy is not available, nor is it possible to provide an estimate in this regard.

Insofar as the 14,700 people convicted of road traffic offences in court following the incorrect issuing of a summons are concerned, An Garda Síochána has indicated that it has established a dedicated support helpline for members of the public with queries in relation to their case. An Garda Síochána is also writing to all affected members of the public, explaining what has happened and outlining the solution to rectify the situation. An Garda Síochána has indicated that it has been advised by the Director of Public Prosecutions and Courts Service that these 14,700 cases must be brought back before the Courts at Circuit Court level with a view to requesting that the erroneous convictions can be set aside. An Garda Síochána has established a dedicated team to this end and is liaising with the Court Services to expedite this process. As such, members of the public affected by the road traffic enforcement errors referred to are requested to await the aforementioned correspondence from An Garda Síochána which will provide further clarification on the matter.

I can inform the Deputy that I have written to the Chairperson of the Policing Authority in accordance with section 62O(6) of the Garda Síochána Act, 2005 (as amended) to report to me on its oversight of the issues which have arisen in relation to fixed charge notices and mandatory alcohol testing over the coming period. In particular, I requested that an investigation should be conducted to examine all issues arising, addressing to the extent possible the reasons why the issues have arisen; the incidence and scale of the issues; and the solutions implemented to ensure there is no recurrence. It is expected that the Authority will engage outside expertise to carry out this work.

Closed-Circuit Television Systems Expenditure

Ceisteanna (101)

Brendan Griffin

Ceist:

101. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality if funding will be provided for CCTV cameras in a town (details supplied) in County Kerry; and if she will make a statement on the matter. [16880/17]

Amharc ar fhreagra

Freagraí scríofa

I am very conscious of the value that communities, especially rural communities, place on CCTV as a means of deterring crime and assisting in the detection of offenders.

The Deputy will be aware that the Programme for a Partnership Government commits to providing investment in CCTV systems and that I have secured €1 million in Budget 2017 to begin a new round of community CCTV schemes in line with the Programme. I expect to make an announcement in this context shortly.

Crime Levels

Ceisteanna (102)

Tony McLoughlin

Ceist:

102. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality the number of crimes committed by persons while on bail for one or more previous offences here, by county; the number of serious crimes committed by such persons; and if she will make a statement on the matter. [16922/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics. To be of assistance I have requested the CSO to contact the Deputy directly in relation to the information requested.

Roinn