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Wednesday, 16 Jan 2013

Written Answers Nos. 759-781

Garda Retirements

Questions (759)

Catherine Murphy

Question:

759. Deputy Catherine Murphy asked the Minister for Justice and Equality if he will provide information stating the number of Gardaí who retired in each year for the past ten years on health grounds for both physical and mental health issues; and if he will make a statement on the matter. [58137/12]

View answer

Written answers

I have been informed by the Garda Commissioner that the number of Gardaí who retired for medical reasons in each of the past ten years is set out in the table hereunder:-

Year

Medical Discharge

2003

38

2004

34

2005

37

2006

30

2007

29

2008

21

2009

9

2010

16

2011

6

2012

5

04/01/2013

0

A detailed breakdown of the underlying medical conditions is not readily available.

Immigration Status

Questions (760)

Martin Ferris

Question:

760. Deputy Martin Ferris asked the Minister for Justice and Equality when a decision will be made on a stamp 4 application in respect of persons (details supplied) in County Kerry. [58145/12]

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Written answers

I am informed by the Irish Naturalisation and Immigration Service that the persons named by the Deputy made an application to General Immigration on 4 September 2012 seeking to change their immigration status to enable them to receive a Stamp 4. Correspondence recently issued to the persons concerned and a decision will be made on their case when the requested documentation is received.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Crime Levels

Questions (761, 762)

Eoghan Murphy

Question:

761. Deputy Eoghan Murphy asked the Minister for Justice and Equality if his attention has been drawn to the number of bicycles that have been reported stolen in the Dublin Metropolitan area of An Garda Síochána where the date of theft has been in the five year period ending in June 2012 and the number of prosecutions that have been brought by the Gardaí before the courts in relation to such bicycle thefts in the Dublin Metropolitan area in respect of thefts in the period ending June 2012; and the number of convictions that resulted from these prosecutions. [58159/12]

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Eoghan Murphy

Question:

762. Deputy Eoghan Murphy asked the Minister for Justice and Equality if his attention has been drawn to the number of motor vehicles that have been reported stolen in the Dublin Metropolitan Area of An Garda Síochana where the date of theft has been in the five year period ending in June 2012 and the number of prosecutions that have been brought by the Gardaí before the courts in relation to such motor vehicle thefts in the Dublin Metropolitan area in respect of thefts in the period ending June 2012; and the number of convictions that resulted from these prosecutions. [58160/12]

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Written answers

I propose to take Questions Nos. 761 and 762 together.

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy.

DNA Database

Questions (763)

Terence Flanagan

Question:

763. Deputy Terence Flanagan asked the Minister for Justice and Equality when legislation will be introduced to allow for the provision of a DNA database; and if he will make a statement on the matter. [58168/12]

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Written answers

The Government is committed to the establishment of a DNA database to assist the Garda Síochána in the investigation of crime. The Criminal Justice (Forensic Evidence and DNA Database System) Bill, which will provide for the establishment and operation of the database, is included in the 'A list' of the Government Legislation Programme with a view to its publication this term and its enactment later this year.

Garda Stations Closures

Questions (764)

Pádraig MacLochlainn

Question:

764. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the criteria he considered before making the decision to close Stepaside Garda Station, County Dublin. [58178/12]

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Written answers

The Policing Plan for 2013, which has been prepared by the Commissioner and lodged by me in the Oireachtas Library, sets out details of the stations which have been listed for closure in 2013. In preparing that plan, the Commissioner reviewed all aspects of the Garda Síochána’s policing model, including the deployment of personnel, the utilisation of modern technologies and the operation of Garda stations, both in terms of opening hours and possible closures. In addition, all Divisional Officers were asked to assess the level of activity in each Garda Station in their area.

The Commissioner has concluded that the communities covered by the areas in question could be better served by having Gardaí patrolling the areas rather than being confined to a specific premises. The Commissioner has also indicated that wherever possible and subject to operational requirements, Gardaí attached to a station which is scheduled for closure will be assigned within the local District.

Specifically in relation to the station referred to by the Deputy, Stepaside is in the Blackrock District in the Dublin Metropolitan Eastern Division and it is approximately 8 kilometres from the District Headquarters at Blackrock Garda Station and 6 kilometres from Dundrum Garda Station. There are 34 members of the Garda Síochána assigned to the Stepaside. The Commissioner has indicated that these members will, insofar as possible, remain in the Blackrock District and will be transferred to Dundrum Garda Station. The freeing up of Gardaí from desk duties in Stepaside Garda Station will increase the number of Gardaí available for frontline policing to the benefit of the community in Stepaside.

The implementation of the reduction in the number of Garda stations and Districts will take place in full consultation with the local communities and staffing interests. Local Garda management will engage with these communities through the Joint Policing Committees and other fora to advise them of the revised policing arrangements for the localities in question. The objective will be to ensure that the best possible policing service will be provided to the public at all times.

Subsidiary Protection Applications

Questions (765)

Pádraig MacLochlainn

Question:

765. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the date on which his Department ceased processing claims for subsidiary protection; and the date on which the processing will begin again. [58179/12]

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Written answers

The Irish Naturalisation and Immigration Service of my Department has not ceased to process applications made pursuant to the provisions of the European Communities (Eligibility for Protection) Regulations 2006, i.e. applications for subsidiary protection. As a result, the issue of when such processing might re-commence does not arise.

Garda Stations Refurbishment

Questions (766)

Michelle Mulherin

Question:

766. Deputy Michelle Mulherin asked the Minister for Justice and Equality if he will provide details of all renovation works to a Garda station (details supplied) in County Mayo in the past five years and the cost of same; and if he will make a statement on the matter. [1005/13]

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Written answers

I am advised by the Garda authorities that during the relevant period no expenditure was incurred by An Garda Síochána in respect of repairs to Kilalla Garda Station.

I am further advised that between 2009 and 2011 the Office of Public Works has separately undertaken refurbishment works at the station with a view to securing the overall fabric and integrity of the building, in the context of its property portfolio. I understand that the costs involved amounted to a total of approximately €52,700. The expenditure incurred on these works was provided from the Vote of the Office of Public Works.

Garda Stations Refurbishment

Questions (767)

Michelle Mulherin

Question:

767. Deputy Michelle Mulherin asked the Minister for Justice and Equality his plans for the upgrading of facilities at a Garda station (details supplied) in County Mayo and the cost of same; and if he will make a statement on the matter. [1006/13]

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Written answers

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, which has responsibility for the provision and maintenance of Garda accommodation. I have been informed by the Garda authorities that while there are currently no plans for upgrade works at Ballycastle Garda Station the on-going requirements of the station are being kept under review.

Bench Warrants

Questions (768)

Michael Healy-Rae

Question:

768. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the number of bench warrants outstanding in the Munster region at the end of November 2012; and if he will make a statement on the matter. [1019/13]

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Written answers

I am informed by the Garda authorities that the following table shows the number of outstanding bench warrants in each of the Garda Divisions in the Munster Region. Figures provided are operational and liable to change and are correct as at 10 January 2013 (I am informed that to retrospectively calculate the equivalent figures for end November 2012 would require a disproportionate expenditure of Garda time and resources to compile).

Outstanding Bench Warrants by Garda Division in the Munster Region

Garda Region

Division

Bench Warrants

South Eastern

Tipperary

383

Waterford

319

Southern

Cork City

578

Cork North

276

Cork West

111

Kerry

524

Limerick

593

Western

Clare

195

Total

2,979

There can be a multiplicity of reasons why warrants can take time to execute and, in some cases, they can prove ultimately unenforceable, as the subjects of the warrants will often take every step open to them to try to avoid arrest through moving from address to address, leaving the country and so on.

I have been advised by the Garda Commissioner that at present there is an Inspector in each Garda District in the Dublin Metropolitan Region and each Division outside the DMR tasked with managing the execution of warrants, and other issues relating to them. In addition, specific members of the Force are tasked with their execution. While genuine difficulties can arise where it does not prove possible to enforce a warrant, it is obviously important that systems are in place to ensure that warrants are enforced as quickly as possible. In this regard, I have been assured by the Garda Commissioner that An Garda Síochána give priority to the execution of warrants in respect of serious crime and will continue to do so.

Of its nature, the figure for outstanding warrants recorded by PULSE at any given time reflects an accumulation of old warrants which has arisen over the years. Warrants will continue to show on PULSE until such time as they are recorded as being finally disposed of and, as some of the warrants in question are outstanding for many years, I am concerned that the total figure for outstanding warrants as shown on PULSE may not be a reliable indicator of the number of 'live' warrants which are enforceable which are on hand.

I have asked the Garda Commissioner to consider whether there may be a better way of maintaining statistics which gives a more realistic indication in relation to any backlog of warrants and to report to me on measures being taken to improve the execution of warrants generally. In this regard I am also advised that there is a warrants working group in place which facilitates liaison between the various stakeholders, including the Court Service and the Prison Service and which works to identify, address and prevent difficulties in the warrants process. The work of the group is ongoing and relevant recommendations for the improvement of systems are being implemented on an ongoing basis.

I am in ongoing contact with the Commissioner on this matter and I have indicated to him that if he has any recommendations in relation to legislative or administrative action which is open to me as Minister, then I will, of course, consider them very carefully. The Garda Commissioner has assured me that both he and his senior management team are closely monitoring the situation with a view to ensuring that warrants are executed as expeditiously as possible. I expect to receive a further report from the Garda authorities in relation to this matter in the coming months.

Upward Only Rent Reviews

Questions (769)

Robert Dowds

Question:

769. Deputy Robert Dowds asked the Minister for Justice and Equality if there is any prospect of bringing an end to existing leases with upward-only rent review clauses in view of the fact that many businesses are still struggling with rents which do not reflect market value. [1030/13]

View answer

Written answers

The Deputy will recall that following extensive consideration of this matter, the Government announced in December 2011 that it had decided not to proceed with such legislation. There was a substantial concern that any legislative scheme involving interference in the contractual relationships of private parties would find it extremely difficult to survive a Constitutional challenge. In addition, the Government was advised that any model proposed would require the payment of compensation to landlords whose rights were infringed in order to ensure that the proposal would be compatible with the Constitution and with the European Convention on Human Rights. The Government was strongly of the view that payment of compensation to landlords in such circumstances could not be justified in the current economic climate.

Although legislative intervention may not be feasible, NAMA is playing a role in dealing with problems caused by upward only rent reviews applying to NAMA properties. I have been advised that, by the end of 2012, the Agency had granted 212 applications for rent abatement with an aggregate annual value of €13.5 million. A further 56 applications are currently under review. Of the 276 eligible applications received to date only 8 have been refused representing a 97% approval rate by NAMA.

I would also mention that the Property Services (Regulation) Act 2011 provides for the establishment and maintenance of a Commercial Leases Database by the Property Services Regulatory Authority. This Database will assist in providing readily accessible, accurate information in order to determine the market rent payable in respect of comparable commercial properties. Work is underway to ensure that the Database will be operational at an early date.

Finally, I wish to highlight the existence of a rent review arbitration code which was drawn up by a group of experts whose membership was drawn from all stakeholders in the commercial property arena. The code, which can be found on www.justice.ie, provides a mechanism to deal with the resolution of rent review disputes in the commercial property sector.

Citizenship Applications

Questions (770)

Brendan Ryan

Question:

770. Deputy Brendan Ryan asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied); when a decision will issue. [1041/13]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in April 2011.

The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible.

As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Citizenship Applications

Questions (771)

Brendan Ryan

Question:

771. Deputy Brendan Ryan asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied); when a decision will issue. [1042/13]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in February 2011.

The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible.

As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Garda Síochána Ombudsman Commission Issues

Questions (772, 773)

Ciara Conway

Question:

772. Deputy Ciara Conway asked the Minister for Justice and Equality if he will outline in tabular form the number of complaints received by An Garda Síochána over the past five years in relation to online bullying or harassment via social media; and if he will make a statement on the matter. [1064/13]

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Ciara Conway

Question:

773. Deputy Ciara Conway asked the Minister for Justice and Equality if he will outline in tabular form, the number of complaints received by An Garda Síochána in Waterford city and county over the past five years in relation to online bullying or harassment via social media; and if he will make a statement on the matter. [1065/13]

View answer

Written answers

I propose to take Questions Nos. 772 and 773 together.

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy.

Magdalen Laundries Issues

Questions (774)

Dara Calleary

Question:

774. Deputy Dara Calleary asked the Minister for Justice and Equality if he has received the final report from the interdepartmental committee investigating State involvement with the Magdalen laundries; if it has been submitted to the Government as per his announcement of 11 September 2012; and, if he has received it, when he intends to make it available to the families of and groups representing the survivors and when he will publish same; if he has not received it, the reason for the delay; and if he will make a statement on the matter. [1158/13]

View answer

Written answers

I expect to receive the final Report of the inter-Departmental Committee in the next few days. As soon as I have had an opportunity to read the report which I understand is substantial, I will bring it to Government with a view to publication. I would expect this process to be completed within the next two to three weeks.

Public Sector Staff Recruitment

Questions (775)

Eric J. Byrne

Question:

775. Deputy Eric Byrne asked the Minister for Justice and Equality when a full time film censor will be appointed ini view of the fact that there has been an acting censor in situ for some time; his views on whether the time has come to rectify and or regularise the situation; and if he will make a statement on the matter. [1195/13]

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Written answers

The post of Director of Film Classification is a statutory one, provided for under Section 2 of the Censorship of Films Act 1923, as amended by the Civil Law (Miscellaneous Provisions) Act 2008.

Section 2(3) of the Censorship of Films Act 1923 as amended provides that whenever the Director of Film Classification is temporarily unable to attend to his duties, or where the office of Director of Film Classification is vacant, the Minister may appoint a fit person to perform the duties of the Director of Film Classification, during such inability or vacancy. Every person so appointed shall during his appointment have all the powers of the Director of Film Classification. In accordance with Section 2(3) of the Act, Mr Ger Connolly, the Deputy Director of Film Classification has been appointed to perform the duties of the Director of Film Classification, on a full time basis, since the retirement of Mr John Kelleher from the position of Director of Film Classification in late 2009. I have no plans to alter this situation at this time.

Garda Career Breaks

Questions (776)

Michael Healy-Rae

Question:

776. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his plans to offer members of An Garda Síochána a career break from the force in order to save money; the number of persons that will be offered a career break; the cost per person and the impact be on public safety and law and order with such a reduction in the force; and if he will make a statement on the matter. [1233/13]

View answer

Written answers

Career breaks are currently available to members of the Garda Síochána, and discussions are underway with the Department of Public Expenditure and Reform on how this scheme could be enhanced so as to provide greater opportunities to members of the Force. The details of any such scheme will be settled in these discussions which are expected to conclude shortly.

Road Traffic Offences

Questions (777)

Thomas P. Broughan

Question:

777. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he has received the report he sought from the Garda authorities on 18 September 2012 with figures on the number of drivers involved in a fatal or serious road collision since January 2012 in which the drivers involved were not tested for their alcohol level either at the crash scene, in the Garda station or in the hospital and the reasons for not testing in all cases; and if he will make a statement on the matter. [1250/13]

View answer

Written answers

I have sought clarification with respect to aspects of information which I have received from An Garda Síochána in relation to the matters referred to by the Deputy and, to be of assistance, have also sought an update in respect of the relevant information insofar as the full year of 2012 is concerned. I will be in contact with the Deputy again when the information sought is to hand. In the interim I can, however, assure the Deputy that my colleague the Minister for Transport, Tourism and Sport and I have received assurances from the Garda Commissioner that every effort is being made to ensure that the relevant road traffic legislative provisions are fully complied with.

Garda Training

Questions (778)

Thomas P. Broughan

Question:

778. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of gardaí who attended the recent MBRS training courses in evidential breath testing in December 2012 and when it is envisaged that this training course will be delivered to all 220 members of An Garda Síochána due for training and when the 22 additional station based evidential breath testing machines requested by the Garda in 2009 will be installed into the 14 stations nationally; and if he will make a statement on the matter. [1251/13]

View answer

Written answers

I have requested the information sought by the Deputy from the Garda Commissioner and I will write to the Deputy directly when this information is to hand.

Courts Service Issues

Questions (779)

Thomas P. Broughan

Question:

779. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if the report he requested from the Courts Service by the end of November 2012 providing a breakdown on the district courts that are enforcing section 63 of the 2010 Road Traffic Act and those where the licence details of convicted drivers are not requested or forwarded to NLDF in order that penalty points can be applied, is now available; and if he will make a statement on the matter. [1252/13]

View answer

Written answers

As I previously advised the Deputy, the Courts Service has put in place arrangements to ensure that summonses issued since May 2012 include wording to advise persons charged with an offence under the Road Traffic Acts to bring their driving licence together with a photocopy of the licence when they are attending court. I am informed that the Courts Service has communicated with the judiciary to facilitate an arrangement that defendants who appear before the court are requested in court to produce their driving licence and a copy thereof to the court registrar for the purpose of having the driving licence number recorded. Additionally, Registrars have been requested to record whether or not the licence or a copy thereof was produced to the court. Where the driving licence number is recorded and on conviction the details are provided to the Department of Transport, Tourism and Sport.

The Courts Service has reported that there has been a small increase in licence numbers collected since the new procedures were introduced. However, the Service has stated that it is too early to draw definitive conclusions as the systems put in place require further time to become fully effective. In relation to cases where the driving licence number has not been produced, the Service has indicated that they are continuing to evaluate the systems recently introduced to ensure that they are fully functional to, in due course, provide An Garda Síochána with the necessary information to initiate the prosecutions. The Service has stated that work is ongoing in this area and has undertaken to provide a further update by the end of July 2013.

Immigration Status

Questions (780)

Róisín Shortall

Question:

780. Deputy Róisín Shortall asked the Minister for Justice and Equality if he will examine a case (details supplied) in which a recent request was made for a replacement Garda National Immigration Bureau card following a robbery; if his Department will examine the possibility of a refund in this case in view of the fact that the stolen GNIB card was recovered days after a replacement card was purchased at much expense. [1254/13]

View answer

Written answers

I have been informed by the Irish Naturalisation and Immigration Service of my Department that following the matter being reported to An Garda Síochána, the original registration certificate was recovered the next day. In the particular circumstances of the case, my Department have contacted the person concerned requesting her bank account details with a view to providing a refund in this instance.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Jobs Initiative

Questions (781)

Dara Calleary

Question:

781. Deputy Dara Calleary asked the Minister for Justice and Equality the 2012 targets set for his Department for implementation of the Jobs Action Plan; if he will report on the attainment or otherwise of these targets; the reason targets were not met; the steps he is taking within his Department to create new jobs; and if he will make a statement on the matter. [1286/13]

View answer

Written answers

In the Action Plan for Jobs 2012, my Department committed to "Put in place and promote attractive immigration arrangements to facilitate entrepreneurs from outside the EEA in establishing businesses in Ireland through the Immigrant Investor Programme and the Start-up Entrepreneur Programme".

I am happy to inform the Deputy that this target has been achieved. The Immigrant Investor Programme and the Start-up Entrepreneur Programme were approved by Government at the start of 2012 with applications being accepted from April last. During 2012 fourteen applications have been approved under both Programmes which represent a total investment in Ireland of over €10.4 million. This investment is projected to protect over 80 existing jobs and create 190 jobs in new enterprises over the next 3 years which underlines the job creation potential of the initiatives.

My Department has also committed to "Continue the process of immigration reform in support of the International Education Strategy " This work has continued during the year and there is ongoing engagement with the key stakeholders. A review of the effectiveness of the new student immigration regime implemented in 2011 is currently underway. This will be completed in the coming weeks when full year data from 2012 has been compiled and analysed.

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