Written Answers Nos. 547-67
547. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he is satisfied that the original application for refugee status by a person (details supplied) in Dublin 16 was fully examined in an unbiased manner; and if he will make a statement on the matter. [5038/13]
View answer553. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will make available the copy of the proceedings at hearing and its conclusions made by the Refugee Applications Commissioner in the case of a person (details supplied) with particular reference to the need to ensure that all aspects of the application were considered; and if he will make a statement on the matter. [3774/13]
View answerI propose to take Questions Nos. 547 and 553 together.
I have previously outlined the position in respect of this case in response to numerous Parliamentary Questions from the Deputy. Applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister on whether such status should be granted. All applications for refugee status are considered on their individual merits on a case by case basis having regard to the subjective and objective elements of the claim.
The person concerned has received copies of all documents in relation to his proceedings and final conclusions made by the Refugee Applications Commissioner. I am satisfied that the applications made by the person concerned has been fairly and comprehensively examined. The person concerned is the subject of a Deportation Order signed on 28 June, 2004. He has been evading his deportation since 3 November, 2009 and as such he is committing an offence. Should he come to the notice of the Garda authorities, he would be liable to arrest and detention. He should, therefore, present himself to the Garda National Immigration Bureau without any further delay.
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.
548. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the fees paid to each refugee appeals tribunal member, individually, for each of the years 2008 to 2012 inclusive. [3745/13]
View answer549. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of cases head by each refugee appeals tribunal member, individually, for each of the years 2008 to 2012 inclusive. [3746/13]
View answerI propose to take Questions Nos. 548 and 549 together.
The information sought by the Deputy is set-out in the appendices to this reply. Overall, in line with the reduction in the number of new claims for asylum in recent years, there has been a significant reduction in the number of cases coming before the Refugee Appeals Tribunal. Accordingly, the number of cases and fees paid in 2012 has decreased by approximately 80% over the 2009 levels. The scale of fees paid to Members depends on a number of criteria such as whether it involves a substantive hearing, an accelerated appeal or a case under the Dublin Convention/Manifestly Unfounded process. Within each of these categories, the scale of fees are tiered in accordance with the nature of the work involved such as for an oral hearing, cases of a husband and wife heard together or separate and so forth. The amounts listed include some training costs, particularly in the earlier years and payments in any particular year may relate to work done in earlier years.
The Refugee Appeals Tribunal is an independent, statutory body, established and operating pursuant to the Refugee Act, 1996 (as amended). The business of the Tribunal is conducted in accordance with the provisions of the Act and in particular the Second Schedule therein. In this regard my Department has been advised by the Chairperson of the Tribunal that the work of the Tribunal is assigned to Members commensurate with experience, expertise in particular areas of work and their availability. All Members are barristers or solicitors with at least 5 years experience and are appointed as Members of the Tribunal to act in a part-time capacity.
Due to the fall in asylum applications and the consequential fall in appeals lodged with the Tribunal in recent years, there has not been a requirement since I took office to appoint new members or to consider the re-appointment of Members whose 3 year term of office has expired. However, as the complement of Members currently stands at 13 (from a peak of 35 in 2008) and will be further reduced over the course of 2013 with the expiry of terms of office of current Members, I have decided that a Public Appointments Service (PAS) competition will be advertised shortly. Arising from this competition I propose to appoint suitably qualified candidates as and when the need arises. I should add that a separate PAS competition was recently advertised to fill the position of Chairperson.
Appendix 1: The number of cases processed to completion by each Tribunal Member in the period 2008-2012 (inclusive of all appeal types).
Table 1: 2008
|
Tribunal Member |
No. of Cases processed to completion |
|
Anne Tait, Solr. |
11 |
|
Ben Garvey, BL |
208 |
|
Bernadette Cronin, SC |
16 |
|
Bernard McCabe, BL |
269 |
|
Bruce St. John Blake, Solr. |
8 |
|
Conor Gallagher, BL |
43 |
|
David Andrews, SC |
155 |
|
David Goldberg, SC |
27 |
|
Denis Linehan, Solr. |
114 |
|
Donal Egan, BL |
17 |
|
Eamon Barnes, BL |
10 |
|
Eamon Cahill, SC |
113 |
|
Elizabeth O'Brien, BL |
199 |
|
Emma Toal, BL |
2 |
|
Fergus O'Connor, BL |
44 |
|
John Hayes, Solr. |
19 |
|
Joseph Barnes, BL |
4 |
|
Judy Blake, BL |
16 |
|
Laura McKenna, BL |
48 |
|
Majella Twomey, BL |
81 |
|
Margaret Levey, BL |
189 |
|
Michael O'Kennedy, SC |
23 |
|
Michelle O'Gorman, BL |
400 |
|
Nehru Morgan Pillay, BL |
21 |
|
Olive Brennan, BL |
130 |
|
Patrick Hurley, Solr. |
103 |
|
Paul Christopher, BL |
15 |
|
Paul Gormley, BL |
9 |
|
Paul McGarry, BL |
34 |
|
Ricardo Dourado, BL |
38 |
|
Samantha Cruess Callaghan, BL |
7 |
|
Sean Deegan, BL |
27 |
|
Susan Nolan, Solr |
54 |
Table 2 : 2009
|
Tribunal Member |
No. of Cases processed to completion |
|
Anne Tait, Solr. |
70 |
|
Ben Garvey, BL |
152 |
|
Bernadette Cronin, SC |
35 |
|
Bernard McCabe, BL |
479 |
|
Bruce St. John Blake, Solr. |
2 |
|
Conor Gallagher, BL |
68 |
|
David Andrews, SC |
105 |
|
David Goldberg, SC |
85 |
|
Denis Linehan, Solr. |
123 |
|
Donal Egan, BL |
52 |
|
Eamon Barnes, BL |
14 |
|
Eamon Cahill, SC |
111 |
|
Elizabeth O'Brien, BL |
195 |
|
Emma Toal, BL |
71 |
|
Fergus O'Connor, BL |
194 |
|
John Hayes, Solr. |
16 |
|
Judy Blake, BL |
18 |
|
Laura McKenna, BL |
34 |
|
Majella Twomey, BL |
134 |
|
Margaret Levey, BL |
191 |
|
Michael O'Kennedy, SC |
58 |
|
Michelle O'Gorman, BL |
377 |
|
Nehru Morgan Pillay, BL |
139 |
|
Olive Brennan, BL |
136 |
|
Patrick Hurley, Solr. |
98 |
|
Paul Christopher, BL |
144 |
|
Paul Gormley, BL |
33 |
|
Paul McGarry, BL |
76 |
|
Ricardo Dourado, BL |
52 |
|
Samantha Cruess Callaghan, BL |
5 |
|
Sean Bellew, BL |
62 |
|
Sean Deegan, BL |
33 |
|
Susan Nolan, Solr |
64 |
Table 3: 2010
|
Tribunal Member |
No. of Cases processed to completion |
|
Anne Tait, Solr. |
59 |
|
Ben Garvey, BL |
103 |
|
Bernadette Cronin, SC |
31 |
|
Bernard McCabe, BL |
211 |
|
Conor Gallagher, BL |
40 |
|
David Andrews, SC |
129 |
|
David Goldberg, SC |
55 |
|
Denis Linehan, Solr. |
99 |
|
Donal Egan, BL |
30 |
|
Eamon Barnes, BL |
4 |
|
Eamon Cahill, SC |
68 |
|
Elizabeth O'Brien, BL |
96 |
|
Emma Toal, BL |
72 |
|
Fergus O'Connor, BL |
159 |
|
John Hayes, Solr. |
19 |
|
Judy Blake, BL |
20 |
|
Laura McKenna, BL |
22 |
|
Majella Twomey, BL |
71 |
|
Margaret Levey, BL |
157 |
|
Michael O'Kennedy, SC |
18 |
|
Michelle O'Gorman, BL |
344 |
|
Nehru Morgan Pillay, BL |
148 |
|
Olive Brennan, BL |
197 |
|
Patrick Hurley, Solr. |
79 |
|
Paul Christopher, BL |
143 |
|
Paul Gormley, BL |
43 |
|
Paul McGarry, BL |
46 |
|
Ricardo Dourado, BL |
60 |
|
Ronan Maguire, BL |
5 |
|
Samantha Cruess Callaghan, BL |
17 |
|
Sean Bellew, BL |
162 |
|
Sean Deegan, BL |
29 |
|
Susan Nolan, Solr |
45 |
Table 4 : 2011
|
Tribunal Member |
No. of Cases processed to completion |
|
Anne Tait, Solr. |
14 |
|
Ben Garvey, BL |
50 |
|
Bernadette Cronin, SC |
17 |
|
Bernard McCabe, BL |
146 |
|
Conor Gallagher, BL |
29 |
|
David Andrews, SC |
57 |
|
David Goldberg, SC |
6 |
|
Denis Linehan, Solr. |
18 |
|
Donal Egan, BL |
6 |
|
Eamon Cahill, SC |
41 |
|
Elizabeth O'Brien, BL |
63 |
|
Emma Toal, BL |
22 |
|
Fergus O'Connor, BL |
54 |
|
John Hayes, Solr. |
1 |
|
Judy Blake, BL |
3 |
|
Laura McKenna, BL |
18 |
|
Majella Twomey, BL |
72 |
|
Margaret Levey, BL |
78 |
|
Michael O'Kennedy, SC |
4 |
|
Michelle O'Gorman, BL |
155 |
|
Nehru Morgan Pillay, BL |
6 |
|
Olive Brennan, BL |
44 |
|
Patrick Hurley, Solr. |
45 |
|
Paul Christopher, BL |
139 |
|
Paul Gormley, BL |
32 |
|
Paul McGarry, BL |
16 |
|
Ricardo Dourado, BL |
54 |
|
Ronan Maguire, BL |
16 |
|
Samantha Cruess Callaghan, BL |
2 |
|
Sean Bellew, BL |
86 |
|
Susan Nolan, Solr |
31 |
Table 5; 2012
|
Tribunal Member |
No. of Cases processed to completion |
|
Ben Garvey, BL |
38 |
|
Bernadette Cronin, SC |
8 |
|
Bernard McCabe, BL |
83 |
|
Conor Gallagher, BL |
24 |
|
David Andrews, SC |
14 |
|
Donal Egan, BL |
5 |
|
Eamon Cahill, SC |
13 |
|
Elizabeth O'Brien, BL |
40 |
|
Fergus O'Connor, BL |
36 |
|
Laura McKenna, BL |
5 |
|
Majella Twomey, BL |
122 |
|
Margaret Levey, BL |
45 |
|
Michelle O'Gorman, BL |
82 |
|
Olive Brennan, BL |
27 |
|
Patrick Hurley, Solr. |
40 |
|
Paul Christopher, BL |
66 |
|
Paul Gormley, BL |
19 |
|
Ronan Maguire, BL |
18 |
|
Susan Nolan, Solr |
6 |
Appendix 2: Fees paid to Tribunal Members for the years 2008 - 2012
Table 1: 2008.
|
Tribunal Member |
Amount Paid (€) |
|
Anne Tait |
3,128 |
|
Ben Garvey |
109,321 |
|
Bernadette Cronin |
9,015 |
|
Bernard McCabe |
113,641 |
|
Bruce St John Blake |
3,479 |
|
Conor Gallagher |
23,292 |
|
David Andrews |
86,590 |
|
David Goldberg |
17,793 |
|
Denis Linehan |
43,500 |
|
Donal Egan |
9,075 |
|
Eamon Barnes |
7,024 |
|
Eamonn Cahill |
54,844 |
|
Elizabeth O'Brien |
101,878 |
|
Emma Toal |
1,059 |
|
Fergus O'Connor |
14,031 |
|
Jim Nicholson |
484 |
|
John Hayes |
10,436 |
|
Judy Blake |
7,647 |
|
Laura Mc Kenna |
19,179 |
|
Majella Twoomey |
32,125 |
|
Margaret Levey |
86,338 |
|
Michael O'Kennedy |
13,812 |
|
Michelle O'Gorman |
176,271 |
|
Nehru Morgan Pillay |
11,803 |
|
Olive Brennan |
78,704 |
|
Paul Christopher |
6,958 |
|
Paul Gormley |
5,233 |
|
Patrick Hurley |
48,842 |
|
Paul Mc Garry |
10,085 |
|
Ricardo Dourado |
25,628 |
|
Rory Mc Cabe |
3,485 |
|
Samantha Cruess Callaghan |
13,250 |
|
Sean Deegan |
6,963 |
|
Susan Nolan |
27,727 |
Table 2 : 2009.
|
Tribunal Member |
Amount Paid (€) |
|
Anne Tait |
30,297 |
|
Ben Garvey |
86,037 |
|
Bernadette Cronin |
15,935 |
|
Bernard Mc Cabe |
188,539 |
|
Bruce St John Blake |
1,285 |
|
Conor Gallagher |
34,139 |
|
David Andrews |
63,364 |
|
David Goldberg |
46,533 |
|
Denis Linehan |
78,340 |
|
Donal Egan |
24,469 |
|
Eamon Barnes |
8,154 |
|
Eamonn Cahill |
46,165 |
|
Elizabeth O' Brien |
92,277 |
|
Emma Toal |
26,819 |
|
Fergus O' Connor |
79,262 |
|
John Hayes |
6,950 |
|
Judy Blake |
7,109 |
|
Laura Mc Kenna |
13,096 |
|
Majella Twoomey |
55,261 |
|
Margaret Levey |
97,829 |
|
Michael O' Kennedy |
33,055 |
|
Michelle O' Gorman |
178,888 |
|
Nehru Morgan Pillay |
72,278 |
|
Olive Brennan |
81,013 |
|
Paul Christopher |
78,474 |
|
Paul Gormley |
16,494 |
|
Patrick Hurley |
51,078 |
|
Paul Mc Garry |
63,809 |
|
Ricardo Dourado |
29,828 |
|
Samantha Cruess callaghan |
335 |
|
Sean Bellew |
22,681 |
|
Sean Deegan |
8,664 |
|
Susan Nolan |
31,271 |
Table 3 : 2010.
|
Tribunal Member |
Amount Paid (€) |
|
Anne Tait |
33,179 |
|
Ben Garvey |
61,802 |
|
Bernadette Cronin |
14,171 |
|
Bernard Mc Cabe |
97,210 |
|
Conor Gallagher |
23,795 |
|
David Andrews |
71,824 |
|
David Goldberg |
29,882 |
|
Denis Linehan |
61,046 |
|
Donal Egan |
10,625 |
|
Eamon Barnes |
2,744 |
|
Eamonn Cahill |
25,511 |
|
Elizabeth O'Brien |
11,900 |
|
Emma Toal |
31,685 |
|
Fergus O'Connor |
80,780 |
|
John Hayes |
10,498 |
|
Judy Blake |
8,371 |
|
Laura Mc Kenna |
14,388 |
|
Majella Twoomey |
35,016 |
|
Margaret Levey |
77,320 |
|
Michael O' Kennedy |
10,840 |
|
Michelle O' Gorman |
167,513 |
|
Nehru Morgan Pillay |
98,174 |
|
Olive Brennan |
93,150 |
|
Paul Christopher |
76,762 |
|
Paul Gormley |
26,465 |
|
Patrick Hurley |
33,775 |
|
Paul Mc Garry |
22,397 |
|
Ricardo Dourado |
28,163 |
|
Ronan Maguire |
1,336 |
|
Samantha Cruess callaghan |
8,199 |
|
Sean Bellew |
68,943 |
|
Sean Deegan |
8,221 |
|
Susan Nolan |
22,863 |
Table 4 : 2011.
|
Tribunal Member |
Amount Paid (€) |
|
Anne Tait |
5,772 |
|
Ben Garvey |
25,916 |
|
Bernadette Cronin |
7,002 |
|
Bernard McCabe |
41,041 |
|
Conor Gallagher |
13,386 |
|
David Andrews |
30,686 |
|
David Goldberg |
4,665 |
|
Denis Linehan |
6,735 |
|
Donal Egan |
1,308 |
|
Eamonn Cahill |
15,713 |
|
Elizabeth O'Brien |
66,146 |
|
Emma Toal |
10,537 |
|
Fergus O'Connor |
30,652 |
|
John Hayes |
1,280 |
|
Judy Blake |
1,642 |
|
Laura Mc Kenna |
6,797 |
|
Majella Twoomey |
25,231 |
|
Margaret Levey |
42,926 |
|
Michael O'Kennedy |
2,560 |
|
Michelle O'Gorman |
69,776 |
|
Nehru Morgan Pillay |
6,095 |
|
Olive Brennan |
19,498 |
|
Paul Christopher |
71,090 |
|
Paul Gormley |
16,520 |
|
Patrick Hurley |
18,139 |
|
Paul Mc Garry |
10,882 |
|
Ricardo Dourado |
25,047 |
|
Ronan Maguire |
6,262 |
|
Samantha Cruess Callaghan |
1,158 |
|
Sean Bellew |
33,547 |
|
Susan Nolan |
14,778 |
Table 5 : 2012 (Provisional).
|
Tribunal Member |
Amount Paid (€) |
|
Ben Garvey |
22,831 |
|
Bernadette Cronin |
4,295 |
|
Bernard McCabe |
35,554 |
|
Conor Gallagher |
14,606 |
|
David Andrews |
7,899 |
|
Donal Egan |
1,358 |
|
Eamonn Cahill |
7,784 |
|
Elizabeth O'Brien |
15,316 |
|
Fergus O'Connor |
20,160 |
|
Laura McKenna |
1,301 |
|
Majella Twomey |
39,109 |
|
Margaret Levey |
23,939 |
|
Michelle O'Gorman |
31,414 |
|
Paul Christopher |
43,733 |
|
Olive Brennan |
19,033 |
|
Patrick Hurley |
15,443 |
|
Paul Gormley |
11,754 |
|
Ronan Maguire |
5,896 |
|
Susan Nolan |
2,970 |
550. Deputy Nicky McFadden asked the Minister for Justice and Equality if he will outline some of the collaboration currently taking place in the midlands between the Gardaí and migrant communities through the Garda Racial and Intercultural Office; and if he will make a statement on the matter. [3751/13]
View answerI am informed by the Garda authorities that the Garda Racial, Intercultural and Diversity Office (GRIDO) actively engages and proffers support to Garda Ethnic Liaison Officers in the midlands regarding all matters in the area of policing multicultural society. Local Garda Ethnic Liaison Officers (ELO) liaise with members of minority communities to reassure them of the Garda services available to them. Regular contact is maintained with personnel from GRIDO resulting in Divisional Gardaí being in a position to receive and communicate information on issues which may be raised by members of the migrant communities. Trained ELOs interact with members of ethnic minorities on issues affecting the Garda organisation. A successful multicultural open day was held at Mullingar Garda Station at the end of 2011. Contacts made from the open day have been maintained in order to ensure that An Garda Síochána continues to provide an excellent service to ethnic minority communities.
The Garda authorities also advise that a text alert system is in operation in the area, which includes members of migrant communities. Other relevant actions in this area include a crime prevention presentation, for the South Asian Community, which was held in July 2012. In addition, an intercultural coffee morning is due to be held in the Lios Na Greine Family Resource Centre in February 2013. This event has been organised by the local Garda ELO in conjunction with local migrant community members. Garda ELOs have visited primary and secondary schools and addressed pupils as part of the Garda Schools Programme. The Social Personal and Health Education Programme in schools specifically covers racism and ethnicity. I am advised that these and similar activities are used as a means to strengthen relationships and build confidence between local Gardaí and migrant communities.
551. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he visited Hatch Hall or any other direct provision centre last year, including the names of those centres; and if he will state the purpose and outcome of each visit. [3753/13]
View answerAs Minister for Justice and Equality, it is important to me that I have an on-the-ground understanding of the services provided by my Department and its agencies. It was to that end that I visited the asylum seeker accommodation centre at Hatch Hall, Hatch Street, Dublin 2 on 22 November last. This was my first visit to such a centre but I intend to visit at least one other later this year.
I was shown around the centre in the company of centre management staff and officials from the Reception and Integration Agency (RIA), a functional unit of the Irish Naturalisation and Immigration Service (INIS) of my Department responsible for the accommodation of persons while their applications for international protection are being processed. Towards the end of visit I met with several residents in the centre with whom I discussed a number of their concerns, mainly relating to the length of time spent in the direct provision system.
Hatch Hall is one of 35 centres currently under contract to RIA, accommodating approximately 4,900 residents. The centres operate in accordance with the Government policy of direct provision. Under this system, RIA provides full board accommodation and ancillary services to asylum seekers while they await a final decision on their asylum and related applications. RIA also works with other State service providers, including the HSE, Department of Social Protection and the Department of Education, to ensure that the necessary ancillary services are provided to the residents.
In relation to the broader asylum issues arising from my visit to the centre, particularly the complexity and length of the associated processes, it confirms to me that my efforts should remain concentrated on speeding up the processing of applications, primarily by redeploying staff from the refugee determination bodies. The Immigration, Residence and Protection Bill, 2010, which I intend to republish, provides for the introduction of a single procedure to determine applications for protection and other reasons to remain in the State. This should substantially simplify and streamline the existing arrangements. This reorganisation of the protection application processing framework will remove the current multi-layered processes and provide applicants with a final decision on their applications in a more straightforward and timely fashion.
Finally, I recently approved an initiative to put in place a panel with legal expertise who will assist INIS in processing a cohort of repatriation cases, thus speeding up the overall process and reducing the time spent by persons in the direct provision system. I would expect to see significant dividends, in terms of cases finalised, from this initiative in the coming months.
552. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if there will be any change to the requirement for non-EEA nationals to register with the Gardaí following the recent Sulaimon decision where the Supreme Court ruled that residency permission is effective from the date of the letter from the Minister granting permission to reside and not from the date of registration with the Garda National Immigration Bureau, as was the previous policy of INIS; and if he will make a statement on the matter. [3754/13]
View answerThe judgement of the Supreme Court in the Sulaimon case does not make any change to the legal requirement for a non-national who has permission to remain in the State to register with An Garda Síochána. I am advised by the Irish Naturalisation Immigration Service (INIS) that in consultation with the State's legal advisors and the Gardaí it is currently finalising amended administrative processes in relation to the grant of residency in order to comply with the terms of the Supreme Court judgement in question.
In accordance with section 9 of the Immigration Act, 2004 a non-national who has permission to remain in the State is required to register with An Garda Síochána and to comply with the requirements as to registration set out in the Act of 2004. Certain categories of non-nationals are exempted from the registration requirement. These are:
(a) a non-national who is under the age of 16 years;
(b) a non-national who was born in Ireland;
(c) a non-national not resident in the State who has been in the State for a period of not more than 3 months since the date of his or her arrival in the State;
(d) a non-national seaman not resident in the State whose ship remains at a port in the State and who does not land in the State for discharge.
A person who contravenes the requirements to register commits an offence.
554. Deputy Timmy Dooley asked the Minister for Justice and Equality when the board of the Private Security Authority expect to conclude their review of the licence fee structure; and if he will make a statement on the matter. [3786/13]
View answerThe Private Security Authority, an independent agency under the remit of my Department, is the regulatory body with responsibility for regulating and licensing the private security industry in the State. There has been ongoing contact between the Department and the Authority about the matter and I expect to be in a position shortly to make an announcement.
555. Deputy Dara Calleary asked the Minister for Justice and Equality he total number of Garda cars that have been taken out of service in County Mayo in 2011 and 2012; the number that were replaced; and if he will make a statement on the matter. [3824/13]
View answerDecisions in relation to the provision and deployment of Garda transport are matters for the Garda Commissioner. In that context, I am informed that the information requested by the Deputy in respect of the Mayo Division is as follows:
|
Year |
No. of Patrol Cars/vans allocated |
No. of patrol Cars/vans Decommissioned |
|
2011 |
5 |
4 |
|
2012 |
2 |
8 |
With regard to transport matters generally, the Deputy will be aware that an additional investment of €3 million in the Garda fleet towards the end of 2012 has resulted in over 170 new vehicles being purchased. These vehicles are currently being rolled out and I am informed by the Garda authorities that 30 of the vehicles are due to be allocated to the Garda Western Region, which includes the Mayo Division. In addition, €5 million has been made available for the purchase and fit-out of new Garda vehicles in 2013.
556. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide information on the number of Syrian nationals, if any, that were refused leave to land here in 2012 in view of the recent comments by the High Commissioner for Refugees, Mr. António Guterres, in Dublin, to keep EU borders open to those fleeing violence in Syria. [3834/13]
View answerI am informed that 11 people who presented as Syrian nationals were refused leave to land in 2012, three of whom were subsequently permitted to enter the State having made an application pursuant to the Refugee Act, 1996 (as amended). The remaining eight persons were returned to their last port of departure for the State. The Deputy will be aware that at the recent informal JHA Council which I chaired under our Irish Presidency of the EU, the issue of Syria was discussed. I was very pleased to provide the opportunity to Mr. Guterres to update my ministerial colleagues from the Member States on the humanitarian crisis that is unfolding in Syria. There is, of course, no doubt, but that the State will fulfil its obligations to those persons in need of protection.
557. Deputy Finian McGrath asked the Minister for Justice and Equality if he will provide an update on the inquiry into the Fr. Niall Molloy murder case. [3892/13]
View answer574. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if an inquiry will be held into the the death of Fr. Niall Molloy. [4231/13]
View answer575. Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality if the Serious Crime Review Team has finalised their enquiries into the case of the death of Fr. Niall Molloy; if an Garda Síochána has submitted a file to the Director of Public Prosecutions; and if he will make a statement on the matter. [4237/13]
View answerI propose to take Questions Nos. 557, 574 and 575 together.
I am advised by the Garda authorities that the examination surrounding the circumstances of the death of Father Niall Molloy is ongoing. The Commissioner has assured me that each and every line of inquiry is being or will be pursued. Upon receipt of a final report from the Commissioner I will review the situation. I understand that the officers carrying out the examination are continuing to keep the family members of the deceased updated on progress. While I fully appreciate the concerns of the family, in any case where criminal behaviour is suspected it is only through a Garda investigation, and where evidence of criminal wrongdoing is available through the submission of a file by the Gardaí to the Director of Public Prosecutions, that persons can be brought fully to account. Therefore, I hope that the Deputies will agree that, in the first instance, we need to allow the present Garda examination to proceed to its conclusion.
558. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality in accordance with section 18 (3) of the Coroners Act 1962 in order to ensure that in the period prior to informing the coroner and/or after the coroner has been informed, if he will ensure that a protocol is in place to ensure that the necessary steps are taken to preserve the scene and evidence and to determine if the scene is one of homicide. [3905/13]
View answer559. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if his attention has been drawn to the fact that the Coroners Act 1962 states that although the coroner may be notified of a death, it may still be treated as sudden by the Gardai in view of the fact that there is no protocol in place, until the coroner raises questions in relation to the death but this may be more than 24 hours later, when it is too late; and if he will make a statement on the matter. [3906/13]
View answerI propose to take Questions Nos. 558 and 559 together.
Section 18(3) of the Coroners Act 1962 provides that it shall be the duty of an Inspector or officer of the Garda Síochána, if he becomes aware of the death within the district of a coroner of any person in whose case a medical certificate of cause of death is not procurable, to inform the coroner of such death. I am informed by the Garda authorities that An Garda Síochána investigate all deaths which appear to be unnatural, unaccountable, suspicious or as a result of violence. In investigating such a death An Garda Síochána has recourse to section 5 of the Criminal Justice Act 2006 which permits the designation of a place as a crime scene for the purposes of preserving any evidence of, or relating to, the commission of the offence being investigated. Where An Garda Síochána is investigating a suspicious death the location is preserved as a crime scene until such time as all evidence has been secured.
560. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he will name the document in which the Garda policy on Family Liaison Officers is contained. [3907/13]
View answerI am informed by the Garda authorities that the policy for Family Liaison Officers is contained in an internal Garda directive which issued to all members of the organisation in 2006. Internal Garda documents are not made publicly available.
561. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number detected and undetected murders which took place in Donegal in 2009. [3908/13]
View answerThe 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.
562. Deputy Mattie McGrath asked the Minister for Justice and Equality if he will consider an amendment to Section 99 (3) of the Charities Act 2009 to specify the Irish Catholic Church in view of the fact that concerns have been raised that many of the signed mass cards on sale are coming from abroad and there is difficulty confirming the authenticity of such cards; and if he will make a statement on the matter. [3909/13]
View answerSection 99 of the Charities Act 2009, which regulates the sale of pre-signed Mass cards, came into effect on 1 September 2009. It has been the subject of a constitutional challenge, which failed in the High Court, but which is to be brought before the Supreme Court. I have no plans at this time to amend Section 99 of the Charities Act 2009.
563. Deputy Patrick O'Donovan asked the Minister for Justice and Equality if he will provide details for the years 2011 and 2012 of the number of each of the following offences, rape, sexual assault, aggravated sexual assault, sexual offences relating to children, sexual offences involving a person with a disability, incest, that were reported to the Gardaí and as a result of these reports the number of charges that were brought against persons; the number of cases that were brought before the courts; the number of convictions that were secured; the number of custodial sentences that were handed down; the duration of sentences; the number of persons that were added to the register of sex offenders; and if he will make a statement on the matter. [3936/13]
View answerThe 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. I have requested a report from the Garda authorities in relation to the number of persons subject to the requirements of Part 2 of the Sex Offenders Act 2001. I will contact the Deputy again when the report is to hand.
564. Deputy Pat Deering asked the Minister for Justice and Equality the timeframe for the delivery of the new Garda vehicles for 2013. [3959/13]
View answer565. Deputy Pat Deering asked the Minister for Justice and Equality the number of the 2013 fleet of Garda vehicles allocated to County Carlow in view of the fact that there has been a disproportionate reduction in the number of cars in service in the county over the past three/four years. [3960/13]
View answerI propose to take Questions Nos. 564 and 565 together.
As the Deputy will be aware, a substantial number of Garda vehicles was purchased towards the end of last year and they are currently being rolled out to Garda Divisions throughout the country. In this context I have been informed by the Garda authorities that 25 of the vehicles are due to be allocated to the Garda South Eastern Region, which includes the Kilkenny/Carlow Division. A more detailed breakdown is not currently available and the Deputy will appreciate that the vehicles will be deployed in line with Garda operational requirements. In addition, a further provision of €5 million has been made available for the purchase and fit-out of Garda transport in 2013. I am confident that this package of funding will considerably strengthen the overall effectiveness of the Force in delivering a policing service to all communities.
566. Deputy Peadar Tóibín asked the Minister for Justice and Equality the current number of cases awaiting a hearing the Court of Criminal Appeal; the average length of time awaiting a hearing at the Court of Criminal Appeal; and if he will make a statement on the matter. [3994/13]
View answer567. Deputy Peadar Tóibín asked the Minister for Justice and Equality if he will outline the additional resources allocated to the Court Service to deal with the backlog of cases to be heard by the Court of Criminal Appeal. [3996/13]
View answerI propose to take Questions Nos. 566 and 567 together.
The allocation of the business of the courts, scheduling of court cases and the management of court lists are matters for the judiciary and the Presidents of the courts. The Deputy will also be aware that judges are, subject to the Constitution and the law, independent in the exercise of their judicial functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the number of appeals awaiting hearing in the Court of Criminal Appeal is 162. The average waiting time for an appeal is approximately 15 months from the time an appeal is entered on the list, with all papers lodged, to when the appeal is heard. I am informed that the judiciary monitor waiting times and backlogs of court cases on an ongoing basis to ensure that delays are kept to a minimum. The Courts Service works with the judiciary to ensure that all cases are dealt with and disposed of as speedily as possible. The Service has been engaged in a modernisation programme including an end-to-end examination and reform of court processes and procedures to bring about efficiencies in the management of the courts and the services provided.
As the Deputy will be aware, the Court of Criminal Appeal consists of a Judge of the Supreme Court and two Judges of the High Court so any additional sittings would likely have implications for the Supreme Court which continues to experience lengthy waiting times. Although considerable efforts are being made to manage this, the issue of capacity in the Supreme Court can only be fully resolved through the establishment of a Court of Appeal which can deal with civil cases. This necessitates the holding of a Constitutional referendum on Article 34 to which the Government is committed and work has commenced in my Department in this regard.
