Written Answers Nos. 84-93
84. Deputy Jan O'Sullivan asked the Tánaiste and Minister for Justice and Equality when she expects the Government to ratify the UN Convention of the Rights of Persons with Disabilities; when the necessary legislation disability/equality (miscellaneous provisions) Bill will be published; and if she will make a statement on the matter. [35294/16]
Amharc ar fhreagraConsiderable progress has already been made to overcome the remaining legislative barriers to Ireland's ratification of the Convention. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Bill 2015 commenced its second stage reading in the Dáil on 5 October. When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial.
Work is under way on drawing up the Equality/Disability (Miscellaneous Provisions) Bill to progress miscellaneous legislative amendments necessary to proceed to ratification. It is intended that the Bill will address issues such as the Convention's requirements in relation to reasonable accommodation and deprivation of liberty, as well as removing archaic references in existing legislation relating to mental health. The General Scheme of the Equality/Disability (Miscellaneous Provisions) Bill is available on the Department's website. The Bill is at the final stages of drafting and while I am not in a position to give an exact date I expect to publish the Bill very shortly so as to facilitate ratification of the Convention by end-2016.
85. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality the reason the information note on the restorative justice scheme for survivors of the Magdalen laundries, circulated in October 2014 to local Irish communities by the Department of Foreign Affairs and Trade through its embassies, did not find its way to the Coalition of Irish Immigration Centers in the United States (details supplied). [35391/16]
Amharc ar fhreagra87. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality if her Department or the Department of Foreign Affairs and Trade has issued any further alerts to Irish embassies abroad since October 2014; and if not, the reason. [35393/16]
Amharc ar fhreagraI propose to take Questions Nos. 85 and 87 together.
I can advise the Deputy that in October 2014 the Department of Foreign Affairs and Trade, on request from my Department, circulated an information note on the Magdalen Laundries Restorative Justice Ex Gratia Scheme through their embassies around the world to the local Irish communities. My Department is not aware of the details of every organisation and Irish community group around the world that received this information note. If the Deputy is aware of any group or organisation which would like to have this information note, my officials in the Restorative Justice Implementation Unit will be happy to assist.
On a general point, the Deputy will be aware that the McAleese and Quirke Reports and the establishment of the Magdalen Scheme attracted worldwide media attention. The Irish Women Survivors Support Network also circulated thousands of leaflets in the UK and continue to raise awareness about the Scheme.
The Ex Gratia Scheme remains open to new applications.
The Deputy will be interested to note that, to date, 660 women have received lump sum payments at a cost of over €24.7m. The women are also in receipt of other supports under the Scheme including top up pension type payments and free access to a range of medical services.
86. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality if the Magdalen restorative justice scheme has now been advertised in a publication (details supplied), as promised by her and as reiterated in her response of 4 February 2016; and if not, the reason. [35392/16]
Amharc ar fhreagraI can advise the Deputy that, as I previously indicated and as I reiterated in my response in February 2015, my officials contacted the particular publication on two occasions and discussed the question of an advertisement or article. Following on from this, my officials provided background information and details about the Magdalen Scheme to the publication.
The Deputy will be aware that the McAleese and Quirke Reports and the establishment of the Magdalen Scheme attracted worldwide media attention. The Irish Women Survivors Support Network also circulated thousands of leaflets in the UK and continue to raise awareness about the Scheme.
The Magdalen Scheme remains open to new applications.
The Deputy will be interested to note that, to date, 660 women have received lump sum payments at a cost of over €24.7m. The women are also in receipt of other supports under the Scheme including top up pension type payments and free access to a range of medical services.
88. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality if there are plans to recruit additional civilian staff to perform administrative duties within An Garda Síochána as this would free up additional resources within the force to perform policing duties; and if she will make a statement on the matter. [35406/16]
Amharc ar fhreagraI was pleased to announce on Budget day that the Government has approved my proposal that by 2021 the overall Garda workforce should comprise a total of 21,000 personnel; to include 15,000 Garda members, 2,000 Garda Reserve members and 4,000 civilians.
I am informed that there are currently in the region of 2,000 civilians undertaking administrative and technical duties within An Garda Síochána. 4,000 civilians will effectively double this figure and represents a medium term target of 20% civilians by 2021. This will bring An Garda Síochána, currently with 14% civilians, more into line with international norms and ensure that trained Gardaí are not engaging in administrative and technical duties which could be done by suitably qualified civilian staff. The Garda Inspectorate, in its 2015 report "Changing Policing in Ireland" has estimated that there may be up to 1,250 Gardaí currently in such posts and the Government’s plan aims to return as many of these Gardaí as possible to front-line duties over the next five years. With this in mind, the Garda Commissioner, in conjunction with the Policing Authority, has been requested to identify posts suitable for redeployment by the end of the year and to prepare a 5 year plan for reaching the 20% medium term target.
The recruitment and appointment of up to 500 civilians provided for in Budget 2017 will facilitate the Garda Commissioner in addressing capacity and critical skills gaps across the organisation including in corporate supports, change management, human resources and financial management at the national, regional and Divisional level. These appointments will make an important contribution to the delivery of the ambitious reform agenda set out in the Commissioner's Modernisation and Renewal Programme 2016-2021 and will facilitate deeper civilianisation in the coming years.
In addition, and again flowing from the recommendations of the Garda Inspectorate, the Commissioner has commenced the roll-out on a pilot basis of a Divisional model of policing to replace the current District model. The benefit of the Divisional model is that responsibilities will be allocated on a functional rather than geographical basis which will facilitate greater flexibility in the deployment of resources in response to policing needs. It also will have the benefit of reducing duplicate administrative tasks currently done at both the District and Divisional level. In this regard the Commissioner has estimated that 10 Gardaí will be freed up for front-line duties in each Division once the model is fully rolled out. The roll-out will be done on a phased basis and in such a manner as to ensure that the close relationship between Gardaí and local communities is maintained.
89. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 84 of 8 November 2016, her views regarding the fact that the C division basement in Mountjoy Prison has been closed, with the transfer of prisoners to the newly finished D division (details supplied). [35408/16]
Amharc ar fhreagraI can advise the Deputy that as mentioned in my reply to Parliamentary Question No. 84 of 8 November last, the works to replace the C Wing heating coil are expected to complete before the year’s end. The position as at 15 November 2016 is that the basement of Mountjoy Prison C wing remains open. It will be closed in the near future to facilitate the already ongoing works to replace the heating coil in that wing.
The Deputy is correct in saying that there was a leaking tank in the roof area of the prison but it was not located adjacent to the C wing area and did not give rise to any water damage in the C wing. The tank in question was removed several weeks ago and replaced with a ground level water storage facility.
I can further advise the Deputy that there was no cost involved in the relocation of prisoners to Mountjoy D wing from the upper levels of the C wing and that there will be no cost involved when those prisoners currently accommodated in the Mountjoy prison C basement are removed to D wing.
90. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if it is the formal view of her Department that recognition of Traveller ethnicity by the State is dependent on winning the hearts and minds of Irish society in general and bringing the settled community with us, as stated by the Minister of State responsible for equality affairs in June 2016, rather than on internationally recognised criteria for distinct ethnicity and self-identification by Travellers, as such. [35418/16]
Amharc ar fhreagraAs the Deputy is aware from my response to previous questions on this issue, there is a comprehensive consultation process underway (led by my Department) to develop a new National Traveller and Roma Inclusion Strategy to improve the situation for the Traveller and Roma communities in Ireland. Phase 1 (identification of key themes for the new Strategy) and Phase 2 (identification and agreement of high level objectives under each agreed theme) of that consultation process have been completed. The final phase, Phase 3 (identification of detailed actions to achieve each agreed objective, with associated time-scales, key performance indicators, institutional responsibilities and monitoring arrangements), is currently under way. This process will provide a new set of specific, cross-Departmental actions that need to be taken to bring about a real improvement in quality of life for Travellers and Roma. It is intended that the new Inclusion Strategy will run to 2020 and that it will be in place later this year.
The issue of recognition of Travellers as an ethnic group is being considered in the context of the development of the Inclusion Strategy. In September 2015, my predecessor brought a paper to Cabinet Committee on Social Policy on the question of recognising Travellers as a distinct ethnic group within Irish society. This followed a process of dialogue with the national-level Traveller NGOs during 2015, which culminated in the presentation of an agreed position paper by them and confirmation that there are no legal or legislative or expenditure implications arising from such recognition. The key point is that recognition of the distinct heritage, culture and identity of Travellers and their special place in Irish society would be hugely symbolically important to Traveller pride, to Traveller self-esteem and to overcoming the legacy of marginalisation and discrimination that the community has experienced. Such a symbolic gesture - as the Traveller NGO paper argues - could have the potential to create a new platform for positive engagement by the Traveller community and Government together in seeking sustainable solutions based on respect and honest dialogue.
I have had a long standing interest in this area, most notably through my chairing of the Joint Oireachtas Committee on Justice, Defence and Equality when it produced its report on the Recognition of Traveller Ethnicity (April 2014). When I spoke earlier this year at the Traveller Pride awards, I stressed that we need to broaden the discussion on this issue. The debate needs to be taken forward in an inclusive way. My officials and I are currently working to advance this issue with national Traveller organisations in this regard. I might make the point that there are no criteria or guidance set out in this regard in any international instrument to which Ireland is a party.
91. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her plans to introduce a national early intervention and prevention strategy specifically tailored to meet the needs of Traveller women to address the fact that the risk of Traveller women being imprisoned is 18 to 22 times greater than that for the general population. [35505/16]
Amharc ar fhreagraAs the Deputy is aware from my response to previous questions on this issue, there is a comprehensive consultation process underway (led by my Department) to develop a new National Traveller and Roma Inclusion Strategy to improve the situation for the Traveller and Roma communities in Ireland. Phase 1 (identification of key themes for the new Strategy) and Phase 2 (identification and agreement of high level objectives under each agreed theme) of that consultation process have been completed. The final phase, Phase 3 (identification of detailed actions to achieve each agreed objective, with associated time-scales, key performance indicators, institutional responsibilities and monitoring arrangements), is currently underway. This process will provide a new set of specific, cross-Departmental actions that need to be taken to bring about a real improvement in quality of life for Travellers and Roma. It is intended that the new Inclusion Strategy will run from 2016 to 2020 and that it will be in place later this year.
The issue of enhancing services to Travellers who come into contact with the criminal justice system is being considered in the context of the finalisation of the new Inclusion Strategy.
92. Deputy Imelda Munster asked the Minister for Finance the schemes and grants funded by the State that are available to persons with disabilities and the parents of children with disabilities regarding access to transport and financial assistance in purchasing wheelchair-accessible vehicles, or any other State supports available for disabled persons in terms of travel. [35346/16]
Amharc ar fhreagraThe Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from VAT and VRT (up to a certain limit) on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities, payment of a fuel grant, and an exemption from Motor Tax.
To qualify for the Scheme an applicant must be in possession of a Primary Medical Certificate. To qualify for a Primary Medical Certificate, an applicant must be permanently and severely disabled within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. The Senior Medical Officer for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria. Full details of the provisions of the Scheme and how to apply are available on the Revenue website http://www.revenue.ie/en/tax/vrt/leaflets/drivers-passengers-with-disabilities-tax-relief-scheme.pdf.
I am informed by the Minister for Health that due to concerns following on from reports of the Ombudsman in 2011 and 2012 regarding the legal status of both the Mobility Allowance and Motorised Transport Grant Scheme in the context of the Equal Status Acts, the Government decided to close both schemes in February 2013. The Government is aware of the continuing needs of people with a disability who rely on individual payments which support choice and independence. In that regard, monthly payments of €208.50 have continued to be made by the Health Service Executive to 4,700 people who were in receipt of the Mobility Allowance at the time the scheme closed. The Government decided that the detailed preparatory work required for a new Transport Support Scheme and associated statutory provisions should be progressed by the Minister for Health. The Minister for Health has informed me that work on the policy proposals in this regard is at an advanced stage and he anticipates that this will be brought to Government shortly.
93. Deputy Brendan Griffin asked the Minister for Finance his views on a matter (details supplied) regarding car insurance; and if he will make a statement on the matter. [35363/16]
Amharc ar fhreagraAs Minister for Finance, I am responsible for the development of the legal framework governing financial regulation. Neither I nor the Central Bank of Ireland, can interfere in the provision or pricing of insurance products, as these matters are of a commercial nature, and are determined by insurance companies based on an assessment of the risks they are willing to accept. This inability to intervene in such matters is reinforced by the EU framework for insurance which expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products.
However, I do accept that it is possible for the State to play a role in helping to stabilise the market. Consequently, I established the Cost of Insurance Working Group and appointed Minister of State Eoghan Murphy as Chair. The initial focus of the Working Group is on the factors that are contributing to the cost and availability of motor insurance and identifying what short-term, medium-term and long-term measures can be introduced to help consumers and businesses. A broad range of issues affecting the cost and availability of motor insurance are being examined by the Working Group.
The Cost of Insurance Working Group has met ten times to date and will continue to meet until the end of the year. The work is being progressed through four subgroups. These subgroups have been meeting on a weekly basis since their establishment on 1st September 2016.
The Working Group and the four subgroups have engaged in a consultation process and has met with and heard from a variety of relevant stakeholders including: Insurance Ireland, individual insurance companies, the Irish Brokers Association, AA Ireland, the Consumers Association of Ireland, the Law Society, the Bar Council, Irish Road Haulage Association, the Car Rental Council, the National Transport Authority and Tiománaí Tacsaí na hÉireann. I have also invited submissions to the Working Group from all interested parties to insurance@finance.gov.ie.
In addition, the Working Group has engaged with relevant insurance companies as part of this consultation process. The views and submissions of insurance companies, and all those from interested parties, are being considered as part of the ongoing work of the Working Group.
The Working Group provided me with an initial set of emerging recommendations at the end of October 2016. Since then, the Working Group has been working to finalise their Report and to develop an action plan to enable the relevant Government Departments and Offices to commence the implementation of agreed priority actions. The report and action plan will detail any legislative or regulatory changes that may be required and will include a detailed timeline for implementation.
From the emerging recommendations presented and the consultations carried out since, it is likely that the report will address nine key areas, with in the region of 40 recommendations in total.
