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Written Answers — Legal Services: Legal Services (21 Jul 2011)

Alan Shatter: Under our law as it stands sections 77 and 78 of the Succession Act 1965 deal with the requirements for a valid will. A will need not be in any special form but it must comply with the provisions of those sections. There is no legal requirement for a will to be drawn up by a solicitor but in practice, given the importance of the matter, many persons making a will consult a solicitor. ...

Written Answers — Anti-Social Behaviour: Anti-Social Behaviour (21 Jul 2011)

Alan Shatter: 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 — Anti-Social Behaviour: Anti-Social Behaviour (21 Jul 2011)

Alan Shatter: Legislation currently in place relating to anti-social behaviour, including the Criminal Justice Act 2006, which provides inter alia for behaviour warnings and criminal proceedings in respect of anti-social behaviour, applies to private residences as well as public places and is utilised as necessary by An Garda Síochána. Such legislation is kept under ongoing review by my Department. I am...

Written Answers — Prison Sentencing: Prison Sentencing (21 Jul 2011)

Alan Shatter: The traditional approach to sentencing is for the Oireachtas to lay down the maximum penalty and for a court having considered all the circumstances of the case to impose an appropriate penalty up to that maximum. There are a small number of situations, however, where statute has created important exceptions to this approach. There is a strictly mandatory sentencing requirement for murder...

Written Answers — Recidivism Rates: Recidivism Rates (21 Jul 2011)

Alan Shatter: The Deputy will be aware that the Irish Prison Service facilitated a major study of prisoner re-offending by the UCD Institute of Criminology, the findings of which were published in the May 2008 edition of the academic journal, Criminology & Criminal Justice. The recidivism rate was found by this study to be under 50% after 4 years which is in the mid to lower range of recidivism rates when...

Written Answers — Proposed Legislation: Proposed Legislation (21 Jul 2011)

Alan Shatter: The commitment referred to by the Deputy is being examined in the context of the development in my Department of proposals for the Family Law Bill that is referred to in the Government Legislation Programme announced on 5 April 2011. The details will be announced by way of publication of the proposals as soon as possible, taking into account necessary consultations.

Written Answers — Departmental Funding: Departmental Funding (21 Jul 2011)

Alan Shatter: I wish to inform the Deputy that the information requested is not readily available. Given the period of time concerned and amount of detail sought the information requested could only be compiled by the use of a disproportionate and inordinate amount of staff time and effort. However, to be of assistance I can inform the Deputy that in the period since I took up office, that is from 9 March...

Written Answers — UN Conventions: UN Conventions (21 Jul 2011)

Alan Shatter: Legislative proposals to enhance the protection of children against sexual abuse and exploitation, including exploitation through prostitution and child pornography, are at an advanced stage of preparation in my Department. These measures will facilitate full compliance with the criminal law provisions of a number of international legal instruments, including outstanding requirements in the...

Written Answers — Human Trafficking: Human Trafficking (21 Jul 2011)

Alan Shatter: The National Action Plan to Prevent and Combat Trafficking in Human Beings in Ireland 2009 to 2012 was published in June 2009. The Plan contains a commitment to a mid term review involving a consultation process with relevant stakeholders. This process is underway in my Department. Submissions were received from a number of non-governmental organisations in May, June and July....

Written Answers — Prisoner Numbers: Prisoner Numbers (21 Jul 2011)

Alan Shatter: I have been informed by the Irish Prison Service that the number of persons in custody on 1 July 2011 was 4,402.

Written Answers — Prisoner Numbers: Prisoner Numbers (21 Jul 2011)

Alan Shatter: It may be helpful to explain that the only court that would record a conviction in a summary trial is the District Court, where there is no jury. The Special Criminal Court operates without a jury but its jurisdiction is not restricted to summary offences. Unfortunately, it is not feasible to identify the exact number of persons in prison on a specific date on a conviction recorded in a...

Written Answers — Criminal Convictions: Criminal Convictions (21 Jul 2011)

Alan Shatter: Following the submission in 2004 of a report and recommendations by an expert group on crime statistics, it was decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from An Garda Síochána. The Garda Síochána Act 2005 consequently makes provision for this and the CSO has established a...

Written Answers — Criminal Convictions: Criminal Convictions (21 Jul 2011)

Alan Shatter: The management and administration of the courts including responsibility for maintaining court statistics is a matter for the Courts Service. However, I have had enquiries made and the Service has informed me that 498, 672 criminal offences were disposed of in the District Court in 2010. Of those, 70,200 were indictable offences that were dealt with summarily. The outcomes in relation to...

Written Answers — Garda Stations: Garda Stations (21 Jul 2011)

Alan Shatter: The programme of replacement and refurbishment of Garda accommodation around the country is progressed by the Garda authorities working in close co-operation with the Office of Public Works (OPW), who have responsibility for the provision and maintenance of Garda accommodation. I am informed by the Garda authorities that the OPW is currently examining options for the provision of a new Garda...

Written Answers — Asylum Support Services: Asylum Support Services (21 Jul 2011)

Alan Shatter: The extent to which my Department provides supports to failed asylum seekers or other illegal immigrants returning to their country of origin depends largely on whether or not such persons are willing to leave the State voluntarily. Where a failed asylum seeker or illegal immigrant decides to return voluntarily to their country of origin before a Deportation Order is made in respect of them,...

Written Answers — Citizenship Applications: Citizenship Applications (21 Jul 2011)

Alan Shatter: Valid applications for a certificate of naturalisation from the persons referred to by the Deputy were received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in August 2007 and my predecessor decided in his absolute discretion to refuse the applications. The persons concerned were informed of the Minister's in a letter issued on 15th October, 2009. It...

Written Answers — Garda Deployment: Garda Deployment (21 Jul 2011)

Alan Shatter: There are currently around 2,100 full-time-equivalent civilian support staff in the Garda Síochána. These staff provide vital support services in a wide range of areas, such as human resources, training & development, IT and telecommunications, finance and procurement, internal audit, research and analysis, accommodation and fleet management, scene-of-crime support and medical services....

Written Answers — Garda Deployment: Garda Deployment (21 Jul 2011)

Alan Shatter: The Garda Síochána now operates a new model of Community Policing which aims to build upon and enhance progress made so far. I fully support this renewed emphasis on Community Policing particularly in light of the priority given to this by the Programme for Government.

Written Answers — Garda Deployment: Garda Deployment (21 Jul 2011)

Alan Shatter: The Deputy will appreciate that a significant amount of Garda time has to be devoted to court duties. In that context specific measures have been put in place by the Garda authorities, and in legislation, to minimise the extent to which Garda members have to attend in court. This is, of course, subject to the overall requirements of justice and judicial supervision. My position, and that of...

Written Answers — Garda Deployment: Garda Deployment (21 Jul 2011)

Alan Shatter: Information on the work of Garda Juvenile Liaison Officers (JLOs) is published annually in the Report of the Committee appointed to monitor the effectiveness of the Diversion Programme, in accordance with Section 44 of the Children Act 2001, as amended. The last published report, for 2009, is available on the website of the Irish Youth Justice Service (www.iyjs.ie) and on the Garda website...

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