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Written Answers — Garda Investigations: Garda Investigations (25 Mar 2010)

Dermot Ahern: The death of the individual concerned remains the subject of an active investigation. I can confirm to the Deputy that liaison is maintained with the Police Service of Northern Ireland in this regard. I can also assure the Deputy that the Family Liaison Officer appointed in this investigation and a member of the Investigation Team are liaising with the family and keeping them apprised of...

Written Answers — Garda Deployment: Garda Deployment (25 Mar 2010)

Dermot Ahern: I regret that the information requested by the Deputy is not readily to hand. I will write to the Deputy as soon as it is available.

Written Answers — Garda Operations: Garda Operations (25 Mar 2010)

Dermot Ahern: The Deputy will be aware of the long-standing legal constraints on the taking of industrial action by members of the Garda Síochána. The limited action announced by the GRA, relating to matters such as the use of personal phones and computers, is expected to have minimal impact. The Deputy will also be aware that talks are presently underway on a wide range of issues, including pay, in...

Written Answers — Proposed Legislation: Proposed Legislation (25 Mar 2010)

Dermot Ahern: Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January, 2007. Part 13 of the Act, which relates to anti-social behaviour by children, was commenced on 1 March, 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. With regard to...

Written Answers — Garda Ombudsman: Garda Ombudsman (25 Mar 2010)

Dermot Ahern: The Garda Síochána Act 2005 sets out the role of the Garda Síochána Ombudsman Commission. The Act establishes the Ombudsman Commission as a key element of the policing framework. Some amendments have already been made to the relevant provisions of the Garda Síochána Act 2005 within the Criminal Justice Act 2007. The Ombudsman Commission has also outlined further possible legislative...

Written Answers — Garda Investigations: Garda Investigations (25 Mar 2010)

Dermot Ahern: I am informed that the matters raised in the newspaper report referred to by the Deputy have been investigated by the Office of the Data Protection Commissioner, which has no plans to investigate them further. An Garda Síochána has in place a code of practice for data protection. The code, which was drawn up in close consultation with the Office of the Data Protection Commissioner and...

Written Answers — Criminal Prosecutions: Criminal Prosecutions (25 Mar 2010)

Dermot Ahern: The Criminal Justice (Amendment) Act 2009 came into force in its entirety on its signature by the President on 23 July 2009. The Act enables all organised crime offences to be tried in the Special Criminal Court unless the Director of Public Prosecutions directs otherwise. A new offence of directing or controlling a criminal organisation has been created, which carries a maximum sentence...

Written Answers — Legal Aid Service: Legal Aid Service (25 Mar 2010)

Dermot Ahern: The cost of Criminal Legal Aid in each of the last five years and to date in 2010 is set out in tabular form. The table also gives the number of legal aid certificates granted by the courts in each of those years. It should be noted that expenditure may relate to certificates granted in previous years. As the Deputy will be aware I have already indicated my commitment to strengthening the...

Written Answers — Prison Building Programme: Prison Building Programme (25 Mar 2010)

Dermot Ahern: The Government re-affirmed its commitment to developing a new prison campus at Thornton Hall, Kilsallaghan, County Dublin and also approved the launch of a new tendering process for the construction of a more affordable and better value prison campus at Thornton. The aim is to provide good quality, regime focussed prison accommodation with appropriate support and rehabilitative facilities for...

Written Answers — Budgetary Policy: Budgetary Policy (25 Mar 2010)

Dermot Ahern: The recommendations in the Special Group Report (McCarthy) have been taken into account in the budget negotiations for 2010 for the Justice Sector. The proposed savings in the Report in respect of the Justice Sector were €136.4 million. In monetary terms a significant proportion of the recommendations (€84 million) related to reductions in payroll costs on items such as allowances payable...

Written Answers — Crime Levels: Crime Levels (25 Mar 2010)

Dermot Ahern: To date in 2010 one so-called 'tiger' kidnapping has taken place and the following table shows the number of similar incidents recorded in the period 2005 -2009. It is the policy of An Garda Síochána not to disclose the amount of money taken during such crimes. Year: No. of incidents recorded: 2010 1 2009 6 2008 1 2007 3 2006 2 2005 1 The Deputy will be aware that the Garda...

Written Answers — Equality Issues: Equality Issues (25 Mar 2010)

Dermot Ahern: It is not proposed to increase the grant in aid provision of €3.2m for the Equality Authority for 2010, which has been maintained close to the 2009 level of €3.329m. In addition, the State has successfully obtained EU funding of €266,000 for 2010, through the Progress programme, towards a multi-agency project led by the Equality Authority entitled "Promoting equality for all in a time...

Written Answers — EU Directives: EU Directives (25 Mar 2010)

Dermot Ahern: My Department has responsibility for six EU Directives which have to be implemented. There are four Directives which are currently overdue as follows: Council Directive 2005/85/EC on 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status. The minimum standards on procedures required by this Directive are operated by the State in its...

Written Answers — Code of Ethics: Code of Ethics (25 Mar 2010)

Dermot Ahern: Section 17(1) of the Garda Síochána Act 2005 provides that the Minister for Justice, Equality and Law Reform shall by regulation establish a Code of Ethics that includes standards of conduct and practise for members of the Garda Síochána. Section 17(2) requires the Commissioner to prepare, at my request, a draft Code of Ethics. The Commissioner has submitted this draft Code and the...

Written Answers — Proposed Legislation: Proposed Legislation (25 Mar 2010)

Dermot Ahern: Under the law as it stands - section 6A of the Guardianship of Infants Act 1964, as inserted by section 12 of the Status of Children Act 1987 - an unmarried father may apply to the court to be appointed a guardian of his child. Alternatively, where there is agreement between the parents, they can make a statutory declaration under section 2(4) of the Guardianship of Infants Act, as inserted...

Written Answers — Ministerial Appointments: Ministerial Appointments (25 Mar 2010)

Dermot Ahern: I intend to announce details of the arrangements for appointment of the Legal Services Ombudsman as soon as possible. This will happen when my Department completes its dialogue with the Department of Finance about the matter and when the Minister for Finance is in a position to approve the terms and conditions of the office holder including the staffing structure of that Office.

Written Answers — Crime Levels : Crime Levels (25 Mar 2010)

Dermot Ahern: While the CSO publication Garda Recorded Crime Statistics 2004 - 2008 referred to by the Deputy indicates increases in a number of crime categories over the four year period, I am pleased to note that there were decreases of 20% in sexual offences, 15% in robbery, extortion and hijacking offences, 9% in homicide offences and 1% in burglary and related offences. Increases in a number of...

Written Answers — Garda Deployment: Garda Deployment (25 Mar 2010)

Dermot Ahern: Increased civilian support for the Garda Síochána does not and never was intended to exclusively take the form of one for one replacement of individual Gardaí with civilians. Suggestions to the contrary are based on a fundamental misunderstanding of the purpose of civilianisation. In some instances, civilianisation does indeed enable the direct replacement of sworn members, who are engaged...

Written Answers — Drugs in Prisons: Drugs in Prisons (25 Mar 2010)

Dermot Ahern: Prior to May 2008 seizure of drugs was recorded under the generic description "prohibited articles" and a detailed breakdown is not readily available. From May (when new security initiatives were first introduced) to 31 December 2008, there were 351 drug seizures within the Irish prison system and up to and including 13 September 2009, the date for which the most recent figures are...

Written Answers — Illegal Immigrants: Illegal Immigrants (25 Mar 2010)

Dermot Ahern: A foreign national who remains present in the State without permission or in contravention of the terms of a permission is in breach of Irish immigration law. In general, such persons may have entered the State either through covert means or through the use of false documentation at a port of entry or they may have entered lawfully but remained beyond the duration of a permission given or...

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