Tuesday, 11 Jun 2013

Written Answers Nos. 691-706

Deportation Orders

Questions (691)

John Deasy

Question:

691. Deputy John Deasy asked the Minister for Justice and Equality the number of persons who have been deported from the State each year in the past four years. [26606/13]

Written answers

Minister for Justice and Equality

The number of persons removed from the State on foot of Deportation Orders made under Section 3 of the Immigration Act, 1999 in respect of 2010 was 343; 280 persons were removed in 2011, 303 were removed in 2012 and 57 were removed by the end of the first quarter 2013.

In addition, people are refused entry into the State at airports and other ports of entry for various reasons. The number of persons removed under this category together with other persons who were transferred under the Dublin Regulation to the EU member state in which they first claimed asylum and EU nationals who were returned to their countries of origin on foot of an EU Removal Order totalled 2,876 in respect of 2010, 2,719 in respect of 2011, 2,364 in respect of 2012 and 459 by the end of the first quarter 2013.

Asylum Applications

Questions (692)

John Deasy

Question:

692. Deputy John Deasy asked the Minister for Justice and Equality the number of asylum requests that were refused and were granted each year in the past five years. [26607/13]

Written answers

Minister for Justice and Equality

It is important that the asylum recognition rate not be perceived as some target to be achieved irrespective of the merits of applications. Applications for refugee status in the State are assessed at first instance by the statutory independent Office of the Refugee Applications Commissioner and on appeal by the Refugee Appeals Tribunal in accordance with a prescribed legal framework and exclusively on their merits having regard to their subjective and objective elements. Accordingly, the recognition rate will change from year to year, and in 2012 stood at 9%. The information the Deputy has requested is detailed in the table below.

Year	No. of Applications Granted	No of Applications Refused
2008	591	2,769
2009	394	4,237
2010	160	3,572
2011	132	1,686
2012	92	931
2013 (April)	70	263

Property Ownership

Questions (693)

Andrew Doyle

Question:

693. Deputy Andrew Doyle asked the Minister for Justice and Equality if a management agent is allowed to refuse engagement with a developer regarding the hand-over of common areas as per the Multi-Unit Developments Act 2011 despite engaging in commercial activity with the same developer; and if he will make a statement on the matter. [26794/13]

Written answers

Minister for Justice and Equality

The primary purpose of the Multi-Unit Developments Act 2011 is to reform the law relating to the ownership and management of common areas of multi-unit developments and to facilitate the fair, efficient and effective management of owners' management companies (OMCs) which are the bodies established for the management of such areas.

Section 5 of the 2011 Act contains provisions which deal with completed or substantially completed multi-unit developments in which the common areas have not been transferred to the OMCs. They oblige the developer to transfer ownership of the relevant parts of the common areas to the relevant OMC within 6 months of the coming into operation of the section, i.e. before 1 October 2011. Subsection (2) defines “substantially completed” as developments in which sales of not less than 80% of the residential units have been closed.

Section 24 deals with the resolution of disputes and it provides that a person may apply to court for an order to enforce any rights conferred or obligation imposed by the Act. The court, if satisfied that a right has been infringed or an obligation (such as the non-transfer of the common areas) has not been discharged, may make such remedial order as it deems appropriate in the circumstances with a view to ensuring the effective enforcement of the right or the effective discharge of the obligation in respect of the development concerned.

As regards property management agents, the general position is that an OMC enters into a contract with such an agent to provide services in respect of their development. The specific tasks of the agent are therefore dependent on the nature and extent of that contract.

Provisions relating to the licensing of property management agents are set out in the Property Services (Regulation) Act 2011 and are overseen by the Property Services Regulatory Authority. As part of the licensing system, the Authority specifies and implements standards relating to:

- education, training and experience levels of licensees;

- levels of professional indemnity insurance,

- quality of financial accounting systems, and

- ethical standards to be observed in the provision of property services.

The Act also empowers the Authority to investigate complaints against property management agents and to impose sanctions, including the revocation or suspension of licences, in cases of improper conduct on the part of licensees.

Proposed Legislation

Questions (694)

Alan Farrell

Question:

694. Deputy Alan Farrell asked the Minister for Justice and Equality if he has examined the possibility of regulating cash for gold establishments due to the current value of gold and the increased risk of gold theft; and if he will make a statement on the matter. [26683/13]

Written answers

Minister for Justice and Equality

I published a report in June, 2012 on the criminal justice aspects of the cash for gold trade. The Report prepared by my Department is available on www.justice.ie. I requested the Joint Oireachtas Committee on Justice, Equality and Defence to consider the content of the report, to ensure that it obtains the views of all relevant interested parties and that it makes such report and recommendations to the Houses of the Oireachtas and to Government as it deems proportionate and appropriate in the public interest. I received the Committee's response on 30th May, 2013 and it is currently under consideration.

Direct Provision System

Questions (695, 696)

Kevin Humphreys

Question:

695. Deputy Kevin Humphreys asked the Minister for Justice and Equality when a firm (details supplied) was first contracted by the Reception and Integration Agency to inspect direct provision centres; if he will explain the reason pre 2010 contracts were not published per procurement rules; and if he will make a statement on the matter. [26816/13]

Kevin Humphreys

Question:

696. Deputy Kevin Humphreys asked the Minister for Justice and Equality if he will provide in tabular format the amount paid to a firm (details supplied) for inspecting Direct Provision hostels annually, since the contract was first awarded; from which budget this sum is paid; and if he will make a statement on the matter. [26817/13]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 695 and 696 together.

The Reception & Integration Agency (RIA) is a functional unit of the Irish Naturalisation & Immigration Service (INIS) of my Department responsible for the accommodation of asylum seekers under the direct provision system. 4,650 persons are currently being accommodated in 34 centres under contract to RIA.

These questions concern a Galway based firm, QTS Limited, which is contracted by the Reception & Integration Agency (RIA) to carry out inspections of asylum accommodation centres.

The services of an external company with expertise in fire and food safety to inspect accommodation centres were first sought in January, 2002, by way of a pilot scheme. Thereafter, the service was procured through a published tender. The first Request for Tender (RFT) was published in the second part of 2002 with a closing date for receipt of tenders of 21 August, 2002. Since then, five publicly advertised procurement competitions were held, the last three of which were won by QTS Ltd. RIA is currently preparing a new RFT for inspection services, which is scheduled for publication in September 2013.

The reference by the Deputy to pre-2010 contracts not being published per procurement rules is not understood. Moreover, it is assumed that the Deputy is referring to RFTs rather than contracts, since contracts following tender competitions are generally not published. All of the tender competitions mentioned above fully complied with all procurement rules. Between 2002 and 2004, all competitions were advertised in the national press. Between 2004 and 2008, all competitions were published on the e-tenders website and RIA also published advertisements in the national press alerting potential tenderers to the competition. After 2008, all competitions were published on www.etenders.gov.ie only.

Since the company was first contracted to provide inspection services, QTS Ltd has been paid the following amounts:

Year	Amounts paid to QTS Ltd.
2007	€25,289.00
2008	€28,132.50
2009	€36,450.00
2010	€21,177.50
2011	€36,185.50
2012	€20,018.25
2013	€14,391.00 (up to 09/04/2013)

Direct Provision System

Questions (697)

Derek Nolan

Question:

697. Deputy Derek Nolan asked the Minister for Justice and Equality the measures that have been taken to open competition for contracts for direct provision per the recommendations of the Value for Money Report 2010; the reason the awarding of these contracts is not governed by European Communities (Award of Public Authorities’ Contracts) Regulations 2006 (SI 329/2006); and if he will make a statement on the matter. [26866/13]

Written answers

Minister for Justice and Equality

The Reception and Integration Agency (RIA) of my Department is responsible for the operation of the system of direct provision. There are currently 34 asylum accommodation centres under contract to RIA, providing accommodation and ancillary services to 4,650 persons. Of these 34 centres, 7 are State owned. That is to say, while the centres are managed by private companies under contract to RIA, the land and buildings are owned by the State. The remaining centres are commercially owned and operated and, for the purposes of this reply, these are called commercial contracts.

The purpose of the 2006 Regulations cited in the question is to give effect to EU Directive 2004/18/EC dated 31 March 2004, (as amended by Directive 2005/51/EC dated 7 September 2005 and Directive 2005/75/EC dated 16 November 2005) concerning public procurement. A distinction needs to be drawn in relation to the procurement process as between management contracts for RIA's State-owned accommodation centres and the commercial contracts, the former being already subject to ‘open’ tenders under the above EU Procurement Directive.

In relation to commercial contracts, up to 2010 RIA placed adverts in national newspapers seeking expressions of interest in providing accommodation for asylum seekers. This was in accord with ‘the negotiated procedure’ described in the Guide to Community Rules on Public Procurement of Services (Directive 92/50/EC). The Value for Money (VFM) Review of spending by RIA on asylum seeker accommodation, referred to in the question, was initiated in January, 2009 and the report was published in May 2010. The full VFM report is available at RIA’s website www.ria.gov.ie.

The Review acknowledged the unique challenges in this particular area of procurement, e.g. the unpredictability of demand, the requirement to disperse asylum seekers around the country, local opposition to the opening of new centres, children settled in schools and so on. Among the recommendations of the VFM report was the introduction of a mix of ‘contracts for capacity’ and ‘contracts for availability and occupancy’ as well as a 'more open' tendering system in respect of the commercially owned and operated centres in the RIA portfolio. How this ‘more open’ tendering process is to be achieved has been the subject of consideration, including legal discussions, since. Pending the determination of the commercial contract tender process described here, existing contracts, as far as practicable, have introduced a number of elements recommended in the VFM report. For example, some contracts now involve a mix of ‘contracts for capacity’ and ‘contracts for availability and occupancy’ which have the dual purpose of maximising the occupancy of the centre while minimising RIA's expenditure. None of these contracts is for any more than one year and all have ‘get out’ clauses.

Following the VFM Report, the priority was the tender for the management of the 7 State owned centres. Drafting of the Request for Tender (RFT) began in early 2011, the RFT was published on 2 September 2011, the evaluation period began at the end of October 2011 and a report of the evaluation committee was signed off on 5 April 2012. Notification letters issued on 10 April 2012 and new contracts started in mid-June 2012. During the course of that tender consideration process, intensive legal correspondence and meetings in relation to the possible invocation of the EU Remedies Directive (transposed into Irish law in March, 2010) took place with some disappointed tenderers. This necessitated the seeking of further legal advice before the contracts were finally awarded.

Assuming that the negotiated procedure for commercial contracts, which has been the basis of RIA tendering since it began in 2000, is no longer applicable, specific legal advice is essential as to under which section of the above mentioned EU Procurement Directive the tender falls, as well as the extent to which the existing geographical dispersal of asylum seekers can be taken into account in the assessment criteria. The latter does not arise in the case of the tender for the management of the State owned centres, as the centres are in already fixed locations.

The experience of the State-owned tender competition has been invaluable in informing RIA of specific issues, including the implications of the Remedies Directive, to be addressed in the commercial contract draft tender process. It needs to have regard to the fact that the asylum accommodation system, while undoubtedly a service provision to the State by private contractors, fundamentally concerns human beings who see their current accommodation as their home with links to local schools and medical and social services. The Deputy will be particularly aware of the disruption caused by the closure of the Lisbrook asylum accommodation centre in Galway last year and will note that further such disruption may be a necessary outcome of a more open tendering procedure. The RIA is in the process of drafting the commercial contract tender which will then be considered by the Procurement Policy Unit of my Department and then by the State's legal advisers. The target date for the publication of a commercial contract tender document is October, 2013.

While this tender preparation takes place, the direct provision is being managed closely by RIA, taking account of the decline in the number of persons seeking accommodation. During the four year period ending on 31 December, 2012, RIA had closed 25 centres and was accommodating 2,161 fewer persons. Over this period, RIA spending had declined from €91.5 million to €62.3 million i.e. 32%.

Direct Provision Expenditure

Questions (698)

Pádraig MacLochlainn

Question:

698. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the difference in daily rates for asylum seekers in direct provision; and if he will provide a breakdown of the daily rate for asylum seekers in State-owned and privately owned direct provision centres. [26884/13]

Written answers

Minister for Justice and Equality

The Reception & Integration Agency (RIA) is a functional unit of the Irish Naturalisation & Immigration Service (INIS) of my Department responsible for the accommodation of asylum seekers under the direct provision system.

4,650 persons are currently being accommodated in 34 centres under contract to RIA. Of these 34 centres, 7 are State owned i.e. the land and buildings are owned by the State. Whilst all centres are managed by private companies under contract to RIA, the rates paid by RIA takes into account the differing costs undertaken directly by these companies, depending on whether it is a State owned or privately owned centre.

As I have stated in answers to previous Dáil Questions, it is not possible to provide values for current contracts entered into by RIA. Negotiations take place with a number of commercial entities on an ongoing basis and RIA endeavours to achieve the best value for money in respect of each contract. It is not in the interests of the taxpayer that details of current individual contracts are known to the public or to other parties who are, or may be in the future, engaged in negotiations with RIA. Therefore, details of current contract rates are not provided. The policy is that the updating of the table of contracts will take place only at the end of January each year in respect of all financial information up to the end of December two years previously, e.g. at the end of January, 2013 the records are updated to end of December 2010. This policy has been upheld by the Office of the Information Commissioner.

Nonetheless, it is possible to give a general indication of the rates currently paid. These rates are on a per person per day (PPPD) basis. Currently, the average PPPD rate for direct provision centres is €29.49 while the same contract rate for State-owned centres averages at €15.50.

The two PPPD rates cited above are not directly comparable. The direct provision rate is a single all-inclusive figure, which includes energy, maintenance, transport and VAT costs. By contrast, the State-owned rate does not include any of these costs, which are borne directly by the State and not by the contracted management company.

To illustrate the costs incurred by RIA overall, hereunder is a breakdown of the total expenditure of €62.329 million incurred by RIA in 2012. Note that this includes the costs of some centres which were closed during 2012.

Type	Explanation	Spend
Commercial	31 Centres commercially owned	€52.071m
State Owned	7 centres owned by the State	€6.987m
Self Catering	2 non direct provision commercially owned centres	€.913m
Pre School	Payments for wages, consumables etc. in two pre schools	€0.114m
Additional costs (including Gas, Electricity, Oil, Phone, Water, Waste, Sewerage, OPW, etc.)	Direct spending by RIA on additional costs in State owned centres	€2.109m
Transport	Direct spending by RIA on transport of asylum seekers on dispersals around country.	€0.071m
Miscellaneous	Payments for nappies and miscellaneous costs	€0.064m
-	Total	€62.329m

Crime Prevention

Questions (699)

Seán Kenny

Question:

699. Deputy Seán Kenny asked the Minister for Justice and Equality if An Garda Síochána plans to have a knife amnesty; if so the details of same; and if he will make a statement on the matter. [26857/13]

Written answers

Minister for Justice and Equality

Under the Firearms and Offensive Weapons Act, 1990, the possession of specified offensive weapons is prohibited and it is an offence for any person to manufacture, import, sell, hire or loan such weapons. Specifically, under Section 9 of the Firearms and Offensive Weapons Act, it is an offence to possess any knife or any other article which has a blade or which is sharply pointed in any public place, without having good reason or lawful authority.

Regarding knife crime, I can advise that a comprehensive and robust legal framework is now in place in this area including heavy penalties for breaches of the laws concerned. The Garda Commissioner, in 2008, made recommendations in relation to knives and sharply pointed or bladed weapons, and subsequently the Criminal Justice (Miscellaneous Provisions) Act 2009 was enacted, further strengthening the law and responding to Garda concerns about knife crime. The maximum penalty for possessing a knife in a public place without good reason or lawful authority has been increased from one to five years, and An Garda Síochána were given an extended power of search without warrant in relation to knives and offensive weapons. In tandem with the new legislation, samurai swords were generally banned from importation and sale.

At an operational level, An Garda Síochána pro-actively target public disorder and anti-social behaviour, including knife related crime. Areas identified as public order hot-spots by local Garda management are the subject of additional foot and mobile patrols. Incidents of public disorder and anti-social behaviour reported to the Garda authorities are the subject of investigation and are dealt with appropriately in accordance with the law. However, statistics show that nearly one third of knife crimes occur in domestic settings and often with a degree of spontaneity, which increases the challenges for policing and enforcement.

There are at present no plans to hold a knife amnesty.

Irish Prison Service

Questions (700)

Pádraig MacLochlainn

Question:

700. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he will confirm the revenues and profits generated by the tuck shop at Mountjoy Prison, Dublin, in 2011 and 2012; the ten most popular items apart from cigarettes sold at the shop in 2012; and the quantities in each case. [26914/13]

Written answers

Minister for Justice and Equality

As the Deputy is aware there is a tuck shop in operation in each of the prisons which are operated and staffed by the Irish Prison Service. Profits generated from prisoner purchases in the tuck shop are used to support prisoners through the Prisoner Assist Programme Fund.

The cumulative total of monthly revenues and gross profits generated by the tuck shop at Mountjoy Prison for the years in question are as follows:

Year	Revenue (€)	Gross Profit (€)
2011	1,315,674.70	106,375.13
2012	1,225,981.00	124,682.45

At the end of each month, gross profits are transferred to the Prisoner Assist Programme Fund to facilitate hardship payments to prisoners. In addition, initiatives such as the Red Cross Programme and the Community Return Programme are also part funded from the profits.

It is not possible to provide the ten most popular items sold in the shop and the quantities in each case as this detail is not recorded. The new accounting system which is used to manage prisoner funds (PAMS) is currently being reviewed and future developments may facilitate the reporting on sales.

Direct Provision System

Questions (701)

Eoghan Murphy

Question:

701. Deputy Eoghan Murphy asked the Minister for Justice and Equality if he will clarify the mandate of the Reception and Integration Agency and whether or not the RIA has the power to delegate the care of asylum seekers and inspection of direct provision centres to privately operated, for-profit companies. [26947/13]

Written answers

Minister for Justice and Equality

The Reception and Integration Agency (RIA), a functional unit of the Irish Naturalisation and Immigration Service (INIS) of my Department, is responsible for the accommodation of persons while their applications for international protection are being processed. It is a multi agency organisation with staff seconded to it from the HSE, the Department of Education and Skills and the Irish Prison Service. Currently, there are 4,650 persons accommodated throughout the State in 34 centres under contract to RIA.

RIA is a creation of - and derives its mandate from - Government. It was created as a result of the huge challenges posed by increasing numbers of asylum seekers coming into the country in the late 1990s. To illustrate, in 1992, 39 applications for asylum were received in Ireland: this increased to 7,724 a year by 1999 and a further 10,938 in the following year. Most presented themselves in Dublin. The homeless service of the then Eastern Health Board could not cope and there was a serious prospect of widespread homelessness among asylum seekers.

A series of Government meetings was held to deal with the matter, involving input from several Government Departments faced with this challenge. The Directorate for Asylum Support Services (DASS), was established by Government decision in November, 1999 under the aegis of my Department to co-ordinate the scheme of dispersal and direct provision for asylum seekers. DASS was subsequently replaced, also by Government decision, by the Reception and Integration Agency (RIA) which continues to accommodate asylum seekers under the system of dispersal and direct provision.

RIA, as a unit of my Department, negotiates contracts with private sector companies to provide full board accommodation to asylum seekers in accordance with its Government mandate. RIA is subject to the same Civil Service obligations of fairness of implementation of policy as would any area of Government implementing a scheme. Using private contractors to accommodate asylum seekers is a sensible thing to do. It allows RIA to adapt quickly when the number seeking accommodation waxes or wanes. At the start of 2009, RIA had 60 centres: today it has 34. RIA has instituted tough cost saving measures in recent years – cutting capacities and per diem rates – without affecting the services provided to residents. Indeed, it is in the commercial interests of providers that as good a service as possible is provided to residents.

Property Registration Authority

Questions (702, 703)

Willie O'Dea

Question:

702. Deputy Willie O'Dea asked the Minister for Justice and Equality further to Parliamentary Question No. 153 of 8 May 2013, if he will check the contention that the Property Registration Authority of Ireland has made an error taking into account correspondence from a person (details supplied); and if he will make a statement on the matter. [26976/13]

Willie O'Dea

Question:

703. Deputy Willie O'Dea asked the Minister for Justice and Equality the safeguards or measures that will be put in place to prevent a duplicate judgment mortgage being placed on a folio; and if he will make a statement on the matter. [26977/13]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 702 and 703 together.

As I indicated in my reply to Question No. 153 of 8th May 2013, the role of the Property Registration Authority (PRA) in relation to the registration of judgment mortgages is purely administrative. I am advised by the PRA that in the specific case referred to by the Deputy, the High Court has confirmed that the PRA was legally obliged to register the judgment mortgages in this case. The correspondence referred to by the Deputy relates to legal advice received by the Authority in the course of the legal proceedings in relation to this particular case. As these proceedings are ongoing, it would not be appropriate for me to comment further on either the proceedings or the legal advice furnished to the Authority.

It has been held by the Courts that the Authority is legally obliged to register judgment mortgages lodged in the prescribed form. The judgment mortgage is a process of execution and it is not a matter for the Authority to become involved in such process. It is a matter for the judgment creditor to ensure the validity of the application for registration. In the event that the judgment debtor believes the judgment to be invalid, it is open to him or her to apply for cancellation of the judgment mortgage under Rule 113 of the Land Registration Rules 2012 (S.I. No. 483 of 2012).

Road Traffic Offences

Questions (704)

Thomas P. Broughan

Question:

704. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide in tabular form the number of fixed penalty notices that were issued by members of An Garda Síochána to motorists in the years 2011, 2012 and to date in 2013 in County Donegal; if he will provide a breakdown of the various road traffic offences for which these notices were issued; the number of motorists convicted in court following the issue of a fixed penalty notice during this period in County Donegal; if he will provide a breakdown of these offences which did not result in a conviction in court; and the number of motorists who were not convicted in court but who instead made a donation to charity. [26979/13]

Written answers

Minister for Justice and Equality

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.

Garda Transport Expenditure

Questions (705, 706)

Thomas P. Broughan

Question:

705. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide in tabular form for the years 2011, 2012 and to date in 2013, the level of expenditure incurred to pay for fuel both petrol and diesel for all Garda vehicles here. [26980/13]

Thomas P. Broughan

Question:

706. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he has a policy on the use of fuel cards for members of an Garda Síochána who use fuel cards instead of making cash payments for fuel purchased and used in Garda vehicles; and if he is satisfied that there are sufficient checks in the system to ensure that the process is both transparent and easy to invigilate. [26981/13]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 705 and 706 together.

The provision of fuel for Garda vehicles is an operational matter for the Garda Commissioner.

The Commissioner is the Accounting Officer for the Force and I am advised by the Garda authorities that expenditure on fuel for Garda vehicles for the years 2011, 2012 and to date in 2013 was as outlined in the table below:

Year	Expenditure
2011	€13,097,830
2012	€12,773,474
2013 (as at 31/05/13)	€3,914,324

In addition, the Garda authorities have indicated that the procedures in place for the use of fuel cards are operating satisfactorily and that they include appropriate monitoring mechanisms.