Charles Flanagan
Question:65 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the steps he is taking to bring an end to organised crime and gangland culture; and if he will make a statement on the matter. [14601/09]
Priority Questions.
Crime Prevention.
Tackling organised and gangland crime remains my primary concern. Significant efforts and resources are already being directed on an ongoing basis in tackling organised crime and gangland culture. The State will be relentless in its approach in bringing those involved in such activities to justice.
An Garda Síochána already co-ordinates a wide range of multi-agency activities to disrupt and dismantle the operations of criminal gangs. It is only fair to recognise and acknowledge it is having considerable success in this regard. Intelligence-led operations are used by the Garda to target organised crime groups by utilising specialist units including the Criminal Assets Bureau, the organised crime unit and the National Bureau of Criminal Investigation.
Targeted intelligence-led operations, such as Operation Anvil, continue to result in significant seizures of firearms and property related to criminal activity and have led to the arrests and prosecutions of those involved. In terms of Garda resources, at a time when public finances are under extreme pressure, I have ensured that in the justice, equality and law reform area, top priority will continue to be given to front line policing activities. For example, funding for Operation Anvil has increased in 2009 from €20 million to €21 million while that for the Criminal Assets Bureau has increased by €1.5 million.
The reprehensible killing of a person in Limerick recently can be seen as a clear attempt by organised criminal gangs to undermine the criminal justice system. This demands a response from the State. The Criminal Justice (Surveillance) Bill, published last week, will enable material obtained by means of covert surveillance to be used as evidence to support or strengthen prosecutions. I hope the legislation will come before the House in the coming week or so. In addition to this legislation, I am currently working on a range of other legislative measures to combat criminal gangs. The proposals being considered include provisions similar to those previously introduced against subversive organisations.
Finally, I reiterate that the Government attaches the highest priority to tackling organised and gangland crime and will spare no efforts in tackling those involved in such activities head on.
I thank the Minister for his reply. I am conscious of the fact he has introduced new legislation which will be supported by my party, Fine Gael, as stated on numerous occasions.
Does the Minister agree that organised and gangland crime results from the illegal drug activities in this country and in particular, the importation of drugs? What is the Minister's view on the issue by the Department of Transport of an international haulage licence to a convicted drug dealer? Since the occurrence of this event in September 2008, what actions has the Minister taken first, to have consultations and discussions on the matter with his colleague the Minister for Transport, and, second, to have consultations and discussions with the Garda Commissioner?
Has the Minister expressed concern on the matter? If so, what action does he propose to take in order to allay the very serious public concern and to deal with the mixed message from his Department? On the weekend that he issues a raft of new legislation which he suggests will tackle gangland crime, we have the situation of a known and convicted drug trafficker against whom very serious charges were dropped, which will later be the subject matter of a question from my colleague, Deputy Rabbitte. What action is the Minister taking on this issue?
It is true to say that illegal drugs and their importation is a very large component of the issue of gangland crime in this country. To be fair, there is a question in regard to the related issue to which the Deputy refers.
With regard to the drugs issue generally, there is a special national drugs unit, comprising 60 gardaí of all ranks at headquarters, and across the country there are divisional drugs units with approximately 350 members who are specifically dedicated to the fight against drugs. They work in conjunction with the Customs and Excise service and the Naval Service in regard to the importation of illegal drugs. Given the fact we have extended the surveillance legislation to the Defence Forces and the Revenue Commissioners as well as the Customs and Excise service, on many occasions there is a crossover between those three agencies in the fight against drugs. The surveillance legislation will be of great benefit.
With regard to the issue raised by the Deputy, it is only fair to point out that this will be answered in response to a later question. I understand in regard to this issue generally that there is a private notice question for the Minister for Transport in regard to the granting of the licence in that case.
The Minister may not be aware but that question will not be taken this afternoon. On the specific matter as raised, what action does he propose to take to allay widespread fears of a cover-up in this matter? When are the facts of this case to be laid bare? Could he, as Minister for Justice——
I would prefer if the Minister would deal with that when the specific question is reached. It is germane to the Deputy's question.
Where is the specific question on the issue of the international haulage licence to a convicted drug dealer? There is none. We are dealing here with gangland crime. We are dealing with my question to the Minister regarding his intentions in terms of dealing with the issue of gangland crime.
The Deputy should put the question.
As I said at the outset, gangland crime and drugs are inextricably linked. We would not have gangland crime if we did not have drugs. The mixed messages being sent by the Minister for Justice, Equality and Law Reform in this case are only adding to the fear of a cover-up because certain aspects of this case stink. It is very important that the Minister ensures we know the facts of the case and who is protecting this man.
I ask the Minister to use his influence in this regard. As the Minister with special responsibility for crime and security in the State, I ask him to ask the Minister for Transport to revoke all licences that issued to convicted drug dealers that allow them to engage in international haulage contracting.
I am somewhat reluctant to deal with the matter in response to this question because to be fair to Deputy Rabbitte he has tabled a priority question specifically on that issue. When this issue first arose in the media, the Garda Síochána Ombudsman Commission, which we established as an independent agency, set up a public interest inquiry under section 102 of the 2005 Act that we passed. Section 67 of the 2005 Act is explicit that the investigation of these issues by the Garda Síochána Ombudsman Commission is totally independent of the Department of Justice, Equality and Law Reform the Garda Síochána and this House. When the Garda Síochána Ombudsman Commission decides to have a public interest inquiry it is best to leave it to it so that we do not prejudice anything. Of course people are concerned — I accept that. The Minister for Transport has already indicated his concern in this regard. I have confirmed with the Garda Síochána Ombudsman Commission today through the Garda Commissioner and people in my Department that the granting of the licence will be part of its examination.
That is important.
I know that political charges have been made in this House. Neither my Department nor I had any hand, act or part in the granting of any of these licences, which is purely a matter for the Department of Transport liaising with the Garda Síochána.
Garda Investigations.
Pat Rabbitte
Question:66 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform if he has received communication from the Garda Síochána Ombudsman Commission regarding a possible public interest inquiry into the circumstances in which serious drug charges against a person (details supplied) were dropped; if the internal Garda inquiry into the affair has been concluded; if he has received a report from the Garda on its inquiry; and if he will make a statement on the matter. [14551/09]
I have previously informed the House that I received an interim report from the Garda Commissioner concerning certain inquiries being carried out by an assistant commissioner into events related to a particular case involving a convicted drug dealer. I am informed by the Commissioner that those inquiries are still ongoing and I await a full report from the Commissioner as soon as those inquiries have been completed.
The House will be aware that when this matter first came to light I agreed to a request from the Garda Commissioner that the interim report which he had provided to me should be forwarded to the Garda Síochána Ombudsman Commission. The ombudsman commission has indicated that it is conducting a public interest inquiry relating to the case. The ombudsman commission is well placed to look into all aspects of this case and to establish the full facts. I am informed by the Garda Commissioner that there is ongoing liaison between the Garda Síochána and the ombudsman commission on its inquiry.
Deputies will be well aware that the Garda Síochána Ombudsman Commission is an independent authority established under the Garda Síochána Act 2005. The independence of the ombudsman commission is a cornerstone of its operations and an important guarantee of its integrity. I am sure no Member of this House would suggest that I should interfere in this, or any, investigation being carried out by the ombudsman commission. Accordingly, I propose to await the report of its investigation into the matter.
In the circumstances, therefore, I believe it would not be appropriate for me to make further comment about the case pending the outcome of the ombudsman commission's work. It goes without saying that if any action on my part is required as a result of the ombudsman commission's investigations then I will take it.
The House will be well aware that there has been considerable media publicity in recent days concerning the issue of a road haulage operator's licence to the person referred to in the Deputy's question. That issue is the subject of a separate review by the Minister for Transport. I hope the House will appreciate, therefore, that I am somewhat constrained in what I can say about the matter and accept that we must await the establishment of the facts in this case, in particular by the ombudsman commission. The ombudsman commission has confirmed to us that it has included the issue of the granting of the licence to this person as part of its remit.
How long does the Minister intend continuing to tell the House that it is an interim report? This matter happened on 31 July last year. How long does the Minister think he needs in order to come in here and outline plain facts about this case? I ask him to stop sheltering behind the ombudsman commission. If he is not sheltering behind the skirts of the ombudsman commission he is sheltering behind the Minister for Transport. The bare facts are that this person was found red-handed in possession of €1.7 million worth of drugs and the charge was dropped. A nolle prosequi was entered on the last day of the court term without notice to the court. How can the Minister explain that? He has just said the drugs trafficking trade is a large component of the driving of the phenomenon of gangland crime. How could a convicted drugs importer get an international licence to import death into this country, despite his convictions? The Minister comes in here as the man responsible for the Garda Síochána and says to us the matter is with the ombudsman commission or the Minister for Transport. People are in disbelief that somebody with three serious convictions and then caught red-handed in possession of a huge consignment of drugs had the charges dropped. Now somebody is covering up for him and issuing a licence to him to repeat the performance. I find this beyond belief.
There was no delay on my part. When I got the interim report from the Garda Síochána Commissioner, I suggested, and it was agreed, that the interim report would be sent to the Garda Ombudsman Commission. I did so because it raised serious questions and serious questions were being raised in the media on the issue. As I said, with regard to the granting of a licence, neither I nor the Department had received any communication on the issue. The issue of a "good repute" check was purely a matter between the Department of Transport and the Garda Síochána, as is always the case. I understand the Department of Transport generally seeks the Attorney General's advice on the granting of a licence in circumstances where people have previous convictions. I am not speaking about this specific case, but this is generally the case where people have previous convictions, such as where those with previous convictions apply for taxi licences. There is considerable case law in that area and there have been successful challenges in the courts where the Department of Transport has been obliged to grant a licence, even though people have been convicted of previous offences. I am speaking generally in this regard.
The Deputy has said there is disbelief. There would be disbelief if this House or any politician were to interfere in the independent process that was set up by the House to investigate complaints against gardaí. That is the reason we have the Garda Síochána Ombudsman Commission. It is investigating the situation and has upgraded its investigation into a public interest inquiry. It would be very wrong of me, the Deputy or anyone in the House to interfere with that. I will not do that.
The Minister has responsibility for the Garda Síochána. He has just said an interim report was given to him some months ago. This event happened on 31 July. How long does it take for the Garda Síochána to complete its report? Is the Minister satisfied a nolle prosequi was entered in the circumstances described? Is he satisfied that should have happened?
With regard to the person concerned, the information is that he is not, after all, a Garda informant. Therefore, who is running, sheltering and protecting him? Are the individual gardaí sheltering him acting on their own accord? Do they think they are acting in the public interest or are they acting for corrupt purpose? After all we have seen and after the Minister's admission that a large component of the gangland feuding that is wrecking some of our communities is driven by the drugs trafficking trade, I would have thought that as Minister he would want to hear from the Garda Síochána, after ten months, what the hell was going on. I would think he would want to hear why a convicted drugs dealer could get a licence to resume importing death into this country, if that is his disposition, and to do that with impunity.
With regard to the report, the Garda quickly produced an interim report. That interim report was referred immediately to the Garda Síochána Ombudsman Commission. A final report by the Garda Síochána is due and it will, ultimately, be fed into the Garda Síochána Ombudsman Commission. On the issue of a nolle prosequi, it is not for me to say whether that should have been put into the District Court at that time. That is not an issue for the Minister for Justice, Equality and Law Reform, but an issue for the independent DPP, as the Deputy well knows.
Is the Minister satisfied that it should have happened?
Allow the Minister to conclude.
Regarding the Deputy's allegations about people being informers or gardaí being complicit in any wrongdoing, I strongly suggest that he leave the matter to the independent Garda Síochána Ombudsman Commission, which was rightly established and given powers by the House in the aftermath of the Morris tribunal, to determine whether there has been any wrongdoing. It should be done by an independent body not this House. We do not need to set up independent tribunals. Rather, the commission should be allowed to get on with its work. If it makes recommendations, the House and I will bear them in mind and pass whatever legislation or orders are necessary to ensure the like does not recur.
Ceist Uimh. 67.
Is the Garda co-operating fully?
Yes. I have been informed by the Garda Commissioner that the Garda is co-operating fully despite what has been reported in the media.
I have called Question No. 67.
Crime Prevention.
Michael D'Arcy
Question:67 Deputy Michael D’Arcy asked the Minister for Justice, Equality and Law Reform the measures his Department has to track the movements and behaviour of known serious criminals living in housing estates; the checks and protections in place to protect residents and public safety in estates in which criminals are known to reside; and if he liaises with the Department of Social and Family Affairs to advise it of the level of income such people derive from criminal activity for consideration by that Department in determining their eligibility for social welfare payments, rent supplement and other State benefits. [14603/09]
Persons involved in organised criminal activities are being targeted by An Garda Síochána in a number of ways, including uniform and plain clothes personnel overtly and covertly disrupting known criminals in the course of criminal activities. Such criminals, their operating methods, criminal interests and financial assets are proactively targeted through intelligence-led operations, for example, Operation Anvil.
Multi-agency approaches have been and continue to be used where all of the national units from the Garda national support services are used to combat serious crime. In addition, an intensified programme of multi-agency checkpoints involving officers from the Department of Social and Family Affairs is being undertaken. The Criminal Assets Bureau, CAB, which includes a number of social welfare inspectors appointed as bureau officers, is being actively utilised to identify and target funds accumulated by criminals in order to seize such assets and to deprive them of the profits of their criminal activity.
Some 102 Garda divisional asset profilers have been trained by CAB and are now in place in every Garda division. Their role is to collate information at a local level and to carry out preparatory groundwork in advance of a full investigation by CAB. The social welfare inspectors attached to the bureau investigate and determine social welfare entitlements of persons who derive assets from criminal activity.
In addition, the regional director's office of the Department of Social and Family Affairs fully co-operates with all requests by CAB officers in respect of cases and refers departmental cases deemed suitable for consideration of investigation and determination by the bureau. The effectiveness of this approach can be seen from the fact that, in the period since CAB's inception up to the end of 2007, it made savings of more than €3.5 million and recovered €2.5 million in respect of social welfare payments.
Is the Minister satisfied with the entente between his Department and elements of the Departments of Social and Family Affairs and the Environment, Heritage and Local Government under their respective Ministers, Deputies Hanafin and Gormley? The Garda is spending significant funds on trying to track and pursue known criminals to the best of its ability. On Tuesday mornings, however, they show up at their local unemployment exchanges and get money from the State. They also get rent allowance, as the relevant local authorities have sanctioned their housing needs.
Ask a question.
It is coming. Criminals are robbing, selling drugs and acquiring the criminal assets referred to by Deputies Charles Flanagan and Rabbitte. Is there co-operation between the relevant Departments and is the Minister satisfied that it is sufficient? I am not.
I am satisfied with the co-operation. While I was the Minister for Social, Community and Family Affairs from 1997 to 2002, I instigated multi-agency checkpoints, which were criticised by parts of the House. The checkpoints comprised gardaí, social welfare officers and officials from the Departments of Transport and the Environment, Heritage and Local Government, customs and Revenue. Over the years, the checkpoints have gone somewhat into abeyance. Thanks to an initiative I took in more recent times in my current Ministry, the multi-agency checkpoints are up and running and meeting with significant success. This is in addition to the ongoing co-operation between the Departments. Moreover, as I noted in my previous response, social welfare officers are seconded to the CAB and there is close liaison between the CAB and the Department of Social and Family Affairs to ensure that those involved in criminal activity do not obtain social welfare payments. As the Deputy will note from the figures provided, significant savings have been made in that regard.
I call Deputy D'Arcy, for a brief supplementary question..
While the Minister may be satisfied, I am not. I made a remarkable discovery lately concerning a known criminal who was sought by the Garda and who lived in an estate in which the other residents were terrified of him. On investigating this issue, I discovered the person in question is in receipt of rent allowance and benefits.
Does the Deputy have a question?
The most inappropriate fact I ascertained was that he was living in a house that is owned by a prison officer. Does the Minister consider it to be appropriate to have a criminal living in a house that is owned by a prison officer and for the State to be paying the rent?
That question is beyond the scope of the initial question.
Absolutely. If one considers the social welfare Vote, in which there have been savings of €476 million through fraud controls in 2008, this is a wider issue. There is a concentrated issue that pertains in particular to those involved in gangland crime. Such people are profiled through the CAB profilers, of whom there are 102 and who operate in every Garda district nationwide, to ensure that everyone in the system, whether in social welfare, customs, Revenue, the Garda Síochána or any other Department, is aware of the involvement of those people.
Although the soft information is present, it is not being acted on.
Garda Recruitment.
Pat Rabbitte
Question:68 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform if the public service recruitment embargo, announced on 26 March 2009, will apply to the recruitment of full-time members of the Garda or the Garda Reserve; if it will apply to civilian employees working for the Garda; if an assessment has been carried out on the implications for policing and of the number of gardaí who will have to be diverted from full-time policing duties as a result; and if he will make a statement on the matter. [15663/09]
As the Minister for Finance has made clear, the moratorium on recruitment and promotions in the public service applies to the Garda Síochána, both members and civilian support staff. By its nature, it has no application to the Garda Reserve, whose members are unpaid volunteers who do not occupy public service posts.
The Minister for Finance also made clear that this measure is not an embargo, which would mean a blanket ban on filling all posts. Instead, the nature of this moratorium will permit the Minister for Finance to approve the filling of some vacancies in exceptional circumstances. I am engaged in consultations at present with the Garda Commissioner on the case for filling certain senior posts in the force, particularly those carrying statutory functions or those otherwise in key operational areas, and I will discuss the outcome with the Minister for Finance.
The Government decision also permits the filling of vacancies by redeployment of staff and again I will explore the case and scope for so doing in respect of the civilian support staff of the Garda Síochána. The Garda information services centre, which delivers a vital service to the force and which was largely staffed through redeployment, shows the potential in this regard in the Garda Síochána.
It is also important to bear in mind that Garda strength has increased significantly in recent years, with the number of attested members rising from 10,968 at the end of 1997 to 11,895 at the end of 2002, 13,755 at the end of 2007 and 14,371 in the most recent figures. Allowing for attestations in 2009, the strength of the force will reach approximately 14,900 by 31 December 2009. There has also been a significant increase in civilian support staff, with the most recent figures indicating that the total number of whole-time equivalent civilian personnel has risen from 1,688 at the end of 2007 to 2,133. Consequently, while the moratorium will have a temporary effect on recruitment into the Garda Síochána, its record strength means that it is in the best possible position to absorb the impact and continue to deliver a top-class policing service.
The allocation of Garda personnel throughout the country, together with overall policing arrangements and operational strategy, is a matter for the Garda Commissioner and is continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and the best possible Garda service is provided to the public.
May I take it from this response that the moratorium will have no effect on the Garda and that the figure will be 14,900, as the Minister informed me on 25 February? That appears to be the answer. The Minister should inform the House how many gardaí qualified in the first quarter of 2009, how many will qualify in the second quarter and how many he expects to qualify in each of the third and fourth quarters.
I do not have those figures in respect of each quarter but somewhere in the region of 200 or 250 gardaí, the same number as have come through until recently, have continued to flow through the system until the end of the year. A smaller intake, 100 per quarter, was taken on over the past two quarters. In 2010 the number of attested gardaí qualifying will be reduced. Regarding the figure of 14,900, we estimate this to be the figure by the end of 2009. Much depends on retirements. This Government has been assiduous in increasing the levels of gardaí over the past number of years. We will do our best to keep the numbers as high as we can.
I do not want to say that I do not believe the Minister in case he walks out on me again, as he threatened to do the last day.
I did not, I was going to be thrown out.
I ask the Minister to look at the file. Is he seriously telling me that the file prepared for Question Time does not have the figures about which I asked? Is he seriously coming in as Minister for Justice, Equality and Law Reform and telling me he does not know how many gardaí came out in the first term? Does he think I came down in the last shower? How many gardaí came out in the first term and how many more will come out for the three remaining quarters of this year? If he does not know that he should not be in the job.
The Minister must wake up every morning thanking his guardian angel. The country is coming down with crime, there are killings every weekend, anti-social behaviour is rife and, when Deputy Ahern was on this side of the House, if a letter went missing in the Department he was jumping up and down on the shoulders of the man who is now the Ceann Comhairle. It is an unbelievable crisis. The country is in mayhem. If the Government had not made such a mess of the economy, this would be at the top of the agenda. The Minister comes in and tells this House he does not know how many gardaí will qualify in 2009. He is making a farce out of Question Time.
I know it is a long time ago but, when the rainbow coalition was in office, it froze the number of gardaí throughout its period in government.
We had money in the bank when we left office.
There were very poor figures when Brian Ború was in control.
I have given the figures, which have increased by thousands since this Government came to office, particularly since 1997, when the rainbow coalition was last in government.
Answer the question.
It must be said that, at the last election in 2007 this party promised that we would reach 15,000 by 2010. In fact we will be next or near that——
Will the Minister answer the question I asked him? How many gardaí will come out over the four quarters?
——with 14,900.
Regarding the numbers for this year, 1,100 gardaí will come out spread over the four quarters of this year. At the last passing out in Templemore 263 gardaí passed out. That will continue for most of 2010. Ultimately, the figures will die down because of the lower intake, which we must do in the context of the budgetary situation. I stand on my record. When Deputy Rabbitte was in government the record was abysmal.
Do I take it the moratorium does not apply to the Garda Síochána?
I think the Minister has answered the question. I call Question No. 69.
He did not answer the question. It appears the moratorium does not apply to the Garda Síochána.
Deputy Rabbitte did not listen to the answer. I said the moratorium applies to all levels of the public sector, including the Garda Síochána——
But the same numbers will come out. The Minister has no regard for this House.
——but a case will be made from the Garda Commissioner through me to the Department of Finance in respect of senior managerial posts because we fully accept that if people are retiring at a higher level there must be a replacement.
I know where the replacement should take place, it should be on the Government benches.
Asylum Applications.
Denis Naughten
Question:69 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the steps he is taking to expedite current asylum applications; and if he will make a statement on the matter. [14604/09]
I attach a high level of priority to ensuring that asylum applications are dealt with fairly and as quickly as possible, so as to minimise the cost to the State. Processing times and scheduling arrangements are kept under ongoing review by the Office of the Refugee Applications Commissioner, ORAC, and the Refugee Appeals Tribunal, RAT, with a view to limiting the amount of time applicants have to wait for a recommendation or decision. In 2008, some 4,581 applications were processed to completion by ORAC with 2,461 appeals concluded by RAT.
As indicated in previous replies on this matter, a number of steps have been taken in recent years to expedite the processing of asylum applications. These include the introduction of prioritised arrangements for the processing of applications from certain source countries; the scheduling by ORAC of interviews on the date of application; and maximising the use of the Dublin II regulation to determine the appropriate European state responsible for processing asylum applications made in Ireland. The effectiveness of these measures can be seen in the continuing improvements in processing times at first instance.
More recent developments include the introduction by RAT in 2008 of a new on-line system of access to previous tribunal decisions. The new system enables legal representatives of applicants to more readily access past tribunal decisions and thus speed up the scheduling of appeals hearings by RAT.
In addition, the recruitment of a panel of presenting officers by ORAC to supplement its own presenting team in servicing appeal hearings has enabled RAT to almost double the number of appeal hearings being scheduled. These changes will help to further improve appeal processing timetables.
All of this work is undertaken in the context of increasing levels of abuse of the asylum process and the growing complexity of cases from a mix of over 100 countries, such as Nigeria, Iraq, Pakistan, Somalia and the Democratic Republic of Congo. As I have said previously, the vast majority of applicants do not possess any identity documentation on arrival in the State. This is despite the fact that many indicate they have travelled by air, which would have required identity documentation at the point of departure. This is but one of the many abuses evident in our asylum process today.
Additional information not given on the floor of the House.
Looking to the future, the Immigration, Residence and Protection Bill 2008. which is currently before the House, sets out a legislative framework for the management of inward migration to Ireland and represents a comprehensive overhaul of the State's immigration and protection laws. The enactment of the Bill will be a key measure for achieving efficiencies in the asylum applications processing system itself, for establishing a more effective and streamlined removal process and for tackling abuses which the asylum and immigration systems have to contend with, including apparent abuses of the judicial review system. The Bill provides for the subsuming of ORAC into the Department and the introduction of a single application procedure for the investigation of all grounds, including protection grounds, put forward by applicants for protection. This new integrated process will bring the State into line with processes in other EU states.
At the outset I accept that ORAC and RAT have dramatically improved the processing of applications. Is it not the case that we have approximately 7,000 asylum seekers in the system currently, with the number varying between 7,000 and 8,000?
The Minister and the Minister of State, Deputy Conor Lenihan, have indicated that a significant part of the delay is the judicial review element. Will the Minister sit down and have a cup of coffee with the President of the High Court and propose to him the introduction of a special arrangement for the month of September to process the outstanding cases before the courts regarding judicial review? There are approximately 700 before the courts and if 15 High Court judges sat during September, the backlog would be virtually cleared.
It is not for me to dictate to the President of the High Court the allocation of judicial resources, which is a matter for him.
I did not ask the Minister to dictate anything to him. Will he sit down and have a cup of coffee with the President of the High Court?
Allow the Minister to proceed.
The President of the High Court has allocated two additional judges since the start of 2009 to the asylum list, so there are four judges now dealing with these cases. I welcome the Deputy's complimentary words regarding ORAC and the Refugee Appeals Tribunal.
Some 90% of asylum applications are ultimately seen to be unfounded and a third of those people claiming asylum reveal an immigration history in the UK. There are some very dramatic figures. The total number since 1992 which have claimed asylum is over 81,000, with a peak figure of 11,600 in 2002. That number is now much lower and in 2008 it was 3,800. To date in 2009, there have been 794 applications. We are catching up on the backlog. The average monthly application figure to the end of 2003 was between 830 and 840 and more recently, in January, it was 254. There has been a decrease in the number of applications, which suggests that many asylum seekers were coming for economic rather than asylum reasons.
I am disappointed the Minister is not prepared to discuss this matter with the President of the High Court. A substantial part of the delay in the Department processing asylum applications results from delays in processing leave to remain applications. While I accept that the latter are complex, based on the current rate of processing it would take approximately five years to clear the existing backlog of such applications. Is the Minister of the view that this is unacceptable, particularly in light of the fact that €800 per week is spent on the court, accommodation, processing and deportation costs of each asylum applicant? Would it not make sense to allocate additional resources to process the leave to remain applications to which I refer in order that people who are eligible for refugee status in this country will be granted it as quickly as possible and that those who are deemed not to be eligible will be returned to their home countries as soon as possible?
Substantial resources have been already allocated in respect of this area.
Five years is a long time.
The main reason behind the delays in people's applications being processed is because there are many hurdles which must be must traversed before finality is achieved. As soon as the relevant Bill, Committee Stage of which is complete and which, I hope, will soon reach Report Stage, is passed, there will be a much more streamlined application process in place.
Such a process will not be of assistance in clearing the backlog.
Under the new process, there will be less scope for people to go before the courts seeking judicial reviews. A major difficulty is that review after review can take place and obviously people must be accommodated. The representative of the UNHCR in Ireland has indicated that the legislation to which I refer is model legislation. The representative also stated that our existing system is a model system but that he is looking forward to the passage of the legislation in any event.
We are replacing one model with another.
This matter will be fast-tracked when the complicated legislation to which I refer has been passed.
The new system will not clear the existing backlog.