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Written Answers — Citizenship Applications: Citizenship Applications (22 Apr 2009)

Dermot Ahern: An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Section of my Department on 2 December 2004. Officials in that Section inform me that processing of this application is at an advanced stage and the file will be forwarded to the Minister for a decision in the coming months.

Written Answers — Citizenship Applications: Citizenship Applications (22 Apr 2009)

Dermot Ahern: The table below sets out the details requested by the Deputy. Year Certificates Issued 1995 678 1996 402 1997 1011 1998 1217 1999 1022 2000 1018 2001 1419 2002 1550 2003 2272 2004 2449 2005 2629

Written Answers — Legislative Programme: Legislative Programme (22 Apr 2009)

Dermot Ahern: I can inform the Deputy that, in relation to this matter, the position remains the same as set out in my reply to his Dáil Question No. 212 of 12th November 2008. As I pointed out in my previous reply, work is continuing in relation to complementing the work of the Criminal Injuries Compensation Tribunal. Only last week, I published the fourth Annual Report of the Commission for the Support...

Written Answers — Legal Aid Service: Legal Aid Service (22 Apr 2009)

Dermot Ahern: 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 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. Applicants must establish to the satisfaction of the court that their means are insufficient to enable...

Written Answers — Crime Prevention: Crime Prevention (22 Apr 2009)

Dermot Ahern: The Government's commitment to tackling domestic violence is reflected in the establishment in June, 2007 of Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence. Cosc's key responsibility is to ensure the delivery of a well co-ordinated "whole of Government" response to domestic, sexual and gender-based violence. Cosc's current priority is to produce a...

Written Answers — Sexual Offences: Sexual Offences (22 Apr 2009)

Dermot Ahern: As the Deputy may be aware, section 12 of the Non-Fatal Offences Against the Person Act, 1997, provides that it is an offence for a person, intentionally or recklessly to administer to, or cause another to take, a substance which he or she knows is capable of interfering substantially with that other person's bodily functions, where he or she knows that the person does not consent to that...

Written Answers — Human Trafficking: Human Trafficking (22 Apr 2009)

Dermot Ahern: The penalty provisions provided in the Criminal Law (Human Trafficking) Act are set out in the reply to Question No. 219 of 12 November 2008. I am informed by the Garda Síochána that there are currently forty-six investigations ongoing under this legislation, on completion of which investigation files will be submitted to the Law Officers. Section 2 of the Illegal Immigrants (Trafficking)...

Written Answers — Proposed Legislation: Proposed Legislation (22 Apr 2009)

Dermot Ahern: The Deputy will, no doubt, be aware of the existing legislative provision covering the recovery and disposal of the proceeds of crime, contained in the Proceeds of Crime Act, 1996 and the Criminal Assets Bureau Act, 1996, as amended by the Proceeds of Crime (Amendment) Act, 2005. This wide-ranging legislation makes provision for confiscation, restraint of use, freezing, preservation or...

Written Answers — Prisoner Releases: Prisoner Releases (22 Apr 2009)

Dermot Ahern: Arrangements are being made to have all sex offenders in prison assessed before their release. This is being introduced on a phased basis giving priority to those offenders identified as being of higher risk. I have been advised that by the end of this year, we will have reached the stage where the majority of sex offenders are being assessed. While all sex offenders must notify the Gardaí...

Written Answers — Proposed Legislation: Proposed Legislation (22 Apr 2009)

Dermot Ahern: I am preparing a Sexual Offences Bill at present which will update and modernise many of the laws protecting children and other vulnerable persons against sexual abuse and sexual exploitation. I am also aware that the Joint Oireachtas Committee on the Constitutional Amendment on Children is expecting to shortly publish an interim report on absolute and strict liability. On the publication of...

Written Answers — Human Trafficking: Human Trafficking (22 Apr 2009)

Dermot Ahern: The Deputy's Question is understood to refer to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention Against Transnational Organised Crime. Many of the provisions of the United Nations Convention on Transnational Organised Crime have already been given effect through legislation. Additional...

Written Answers — Prison Accommodation: Prison Accommodation (22 Apr 2009)

Dermot Ahern: The majority of institutions within the prison estate are medium security closed prisons and accommodate a wide variety of prisoners ranging from those serving short sentences for relatively minor offences up to prisoners serving lengthy determinate sentences or life for serious offences. The exception is Portlaoise Prison which is a maximum security prison. The most recent available...

Written Answers — Public Order Offences: Public Order Offences (22 Apr 2009)

Dermot Ahern: Most public order offences involving alcohol related disorder are prosecuted under the Criminal Justice (Public Order) Act 1994. Sections 4 and 5 of that Act are of particular relevance to alcohol related offences. They relate to offences of intoxication in a public place and disorderly conduct in a public place, respectively. The Deputy will be aware that the fines for sections 4 and 5...

Written Answers — Garda Powers: Garda Powers (22 Apr 2009)

Dermot Ahern: The Deputy will be aware that there are, of course, legislative provisions already in place to oblige people to stay away from other people or places. Thus, the Non Fatal Offences Against the Person Act 1997 permits the Court, in appropriate cases, to order a person not to communicate with a specified person or not to approach within a specified distance his/her home. The Criminal Justice...

Written Answers — Garda Powers: Garda Powers (22 Apr 2009)

Dermot Ahern: The Deputy will be aware that the constitutional rights of individuals must be balanced against any procedures which seek to restrict movement or access. As a consequence, the power to impose such restrictions is the preserve of the courts. In general the courts will consider the necessity of imposing such restrictions following an application by the Gardaí. There are several provisions on...

Written Answers — Closed Circuit Television Systems: Closed Circuit Television Systems (22 Apr 2009)

Dermot Ahern: The Community-based CCTV Scheme was launched in 2005 to provide financial assistance to qualifying local organisations towards meeting the capital costs associated with establishing a community CCTV system. Pobal has been engaged to administer the Scheme on behalf of my Department. Two types of grant have been made available under the scheme. Substantive grants of up to €100,000 have...

Written Answers — Proposed Legislation: Proposed Legislation (22 Apr 2009)

Dermot Ahern: As the Deputy will no doubt be aware, the Non-Fatal Offences Against the Person Act, 1997, already provides for a variety of offences in relation to assault, including assault causing harm, causing serious harm, threats to kill or cause serious injury, as well as a range of other offences. The question of introducing additional legislative measures in this area specifically in respect of...

Written Answers — Garda Strength: Garda Strength (22 Apr 2009)

Dermot Ahern: I am informed by the Garda authorities that the strength of management ranks in An Garda Síochána as of 29 February 2008 and 28 February 2009, the latest date for which figures are readily available was as set out hereunder: RANK 29 Feb 2008 28 Feb 2009 Commissioner 1 1 Deputy Commissioner 2 2 Assistant Commissioner 12 12 Chief Superintendent 52 51 Superintendent 183 186 Inspector...

Written Answers — Garda Inspectorate: Garda Inspectorate (22 Apr 2009)

Dermot Ahern: As I have indicated previously, the Garda Inspectorate have been requested to provide advice on the development of a Garda charter. The inspectorate has advised me that its work is nearing completion and I look forward to receiving its report shortly.

Written Answers — Human Rights Issues: Human Rights Issues (22 Apr 2009)

Dermot Ahern: Within the Garda Síochána there have been a number of developments designed to bring regard for human rights to the core of policing in Ireland. Section 7 of the Garda Síochána Act 2005 sets out the functions of the Garda Síochána to include (a) the protection of life and property and (b) vindicating the human rights of each individual. Section 16 of the Act of 2005 provides a revised...

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