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Tuesday, 11 Jun 2013

Written Answers Nos. 740-56

Garda Deployment

Questions (741, 742)

Robert Dowds

Question:

741. Deputy Robert Dowds asked the Minister for Justice and Equality the number of community gardaí in Clondalkin Garda station in June 2011; in June 2012; and in June 2013; the number of community gardaí in Ronanstown Garda station in June 2011; in June 2012; and in June 2013; the number of community gardaí in Rathcoole Garda station in June 2011; in June 2012; and in June 2013; the number of community gardaí in Lucan Garda station in June 2011; in June 2012; and in June 2013; the number of community gardaí in Ballyfermot Garda station in June 2011; in June 2012; and in June 2013. [27756/13]

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Robert Dowds

Question:

742. Deputy Robert Dowds asked the Minister for Justice and Equality his policy in terms of the provision of community gardaí. [27757/13]

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Written answers

I propose to take Questions Nos. 741 and 742 together.

The Deputy will be aware that the Garda Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no direct function in the matter. This allocation of resources is constantly monitored in the context of demographics, crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.

The Deputy will also be aware that all Gardaí have responsibility, inter alia, to deal with Community Policing issues as and when they arise. I have been informed by the Garda Commissioner that the number of dedicated Community Gardaí in the Stations mentioned by the Deputy in June 2011, 2012 and at the end April 2013, the latest date for which figures are readily available, is set out in the following table. Community policing is a philosophy that underpins policing in Ireland and the Commissioner has consistently reiterated the importance he attaches to it.

Station

June 2011

June 2012

April 2013

Clondalkin

11

10

7

Ronanstown

11

10

10

Rathcoole

1

1

1

Lucan

11

7

7

Ballyfermot

6

10

10

Garda Investigations

Questions (743)

Finian McGrath

Question:

743. Deputy Finian McGrath asked the Minister for Justice and Equality the reason there is a delay on the Fr. Niall Molloy Report. [27772/13]

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Written answers

I am informed by the Garda authorities that the examination surrounding the circumstances of the death of Father Niall Molloy has been completed and that an investigation file has been forwarded for the attention of the Office of the Director of Public Prosecutions (DPP).

Criminal Injuries Compensation Tribunal Funding

Questions (744)

Mattie McGrath

Question:

744. Deputy Mattie McGrath asked the Minister for Justice and Equality the reason the Criminal Injuries Compensation Tribunal does not have sufficient funding to give immediate payment following an award that has been made to a person (details supplied) in County Tipperary; when payment will issue; and if he will make a statement on the matter. [27776/13]

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Written answers

As the Deputy will be aware, under the terms of the Scheme of Compensation for Personal Injuries Criminally Inflicted the Criminal Injuries Compensation Tribunal is entirely independent in the matter of individual applications for compensation that fall to be considered by the Tribunal. However, in order to be of assistance to you in the matter I have had inquiries made with the Tribunal on your behalf.

I understand that the Tribunal has made an award in favour of the person concerned who was notified of this decision on 3 April, 2013. I am informed that the Tribunal has not received a signed form of acceptance to date and, in this regard, the Tribunal is not in a position to process the application further. The Deputy may also wish to note that during 2012 in particular, a small number of high awards made by the Tribunal in accordance with the provisions of the Scheme and the extent of the injuries suffered by the applicants concerned has caused the level of compensation awarded to exceed the budgetary provision for the payment of compensation. It has been necessary for the Tribunal to carry forward a significant amount of those awards for payment during 2013. This led to the 2013 budget becoming fully committed. As the Deputy will appreciate, the budget available to the Tribunal, in common with all Government Departments, is limited and in circumstances where there is no upper limit to the amount that may be awarded by the Tribunal in an individual case a small number of high awards can very quickly exhaust the funding available.

Naturalisation Applications

Questions (745)

Brendan Griffin

Question:

745. Deputy Brendan Griffin asked the Minister for Justice and Equality if he will expedite an application for naturalisation in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [27785/13]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in April, 2013. The application is at an advanced stage of processing and the applicant will be informed of my 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.

Magdalen Laundries Issues

Questions (746, 747)

Mick Wallace

Question:

746. Deputy Mick Wallace asked the Minister for Justice and Equality the reasons the institution at Summerhill, County Wexford has been excluded from the Justice Quirke redress process; if he will consider extending the scheme to include the residents of the Summerhill laundry; and if he will make a statement on the matter. [27925/13]

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Mick Wallace

Question:

747. Deputy Mick Wallace asked the Minister for Justice and Equality if he will meet with a person (details supplied) in County Wexford to discuss the inclusion of the laundry at Summerhill in County Wexford in the redress process currently being undertaken by Justice Quirke. [27926/13]

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Written answers

I propose to take Questions Nos. 746 and 747 together.

The Government decision of 19 February relates to Magdalen Laundries which were examined by the Inter-Departmental Committee set up to establish the facts of State involvement. The House of Mercy in Summerhill, County Wexford was one of a number of residential centres run by the Sisters of Mercy, where, generally at the request of their parents, young girls were taken in following primary school with a view to gaining experience and training that would facilitate their subsequent employment. I have no reason to doubt that there was a "commercial" laundry attached to Summerhill. There were a wide variety of institutions which had laundries run by different religious congregations and no decision has been made to include them all within the scope of the Magdalen Scheme. I will be making a decision within the next few weeks on Summerhill. Unfortunately due to heavy commitments on my time, particularly arising from EU Presidency duties, I am not in a position the meet the person in question in the immediate future.

Question No. 748 answered with Question No. 653.
Question No. 749 answered with Question No. 655.

Deportation Orders

Questions (750)

Aodhán Ó Ríordáin

Question:

750. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality the length of time that persons must remain outside of the Republic of Ireland once a deportation order has been served and enforced; whether or not deportation prevents the person from entering any other EEA country; if so, for what extent of time; and if he will make a statement on the matter. [28004/13]

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Written answers

The effect of a Deportation Order is that the person the subject of such an Order must leave the State and remain thereafter out of the State. Deportation Orders are made under the provisions of the Immigration Act, 1999, as amended, following a comprehensive consideration of an individual's case under Section 3 (6) of that Act and under Section 5 of the Refugee Act, 1996 on the prohibition of refoulement. A Deportation Order does not in itself prevent a person who is the subject of such an Order from entering any other EEA country. However, other EU immigration authorities may, depending on their respective immigration rules and procedures, consider the existence of an Irish issued Deportation Order as sufficient grounds to refuse entry to their national territory. It can be expected that this will be especially the case in respect of entry into the United Kingdom in view of the joint commitment of both Ireland and the UK to protect the integrity of the Common Travel Area arrangement.

Immigration Policy

Questions (751)

Aodhán Ó Ríordáin

Question:

751. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality on what grounds was the year 2004 chosen as the cut-off point for arrival when devising the 2004 student probationary scheme; and if he will make a statement on the matter. [28005/13]

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Written answers

The Deputy will be aware that the introduction of the new immigration regime for non-EEA students on 1 January 2011 introduced a limit of seven years as the maximum period that a non-EEA national may reside in Ireland on a student permission. The time limit was necessary to curb the misuse of the student immigration channel by economic migrants. Tackling abuses of the system was part of a whole of Government strategy that refocussed efforts on growing the international education industry.

The new policy applies to all students who have arrived in the State after 1 January 2011 as well as to those students who were already resident in Ireland on that date. Special provisions were made to facilitate those students who exceeded the seven year time-frame (i.e. those who arrived before 1 January 2004) on the date of introduction. These special provisions were extended on several occasions to allow for "timed-out" students to complete their studies, avail of post-student pathways or arrange for their departure from the State.

As a final measure in assisting the transition to the new regime, the Student Probationary Extension was made available to those students who had been continuously resident in the State since before 1 January 2005. This cut-off point provides for those students who were "timed-out" at the introduction of the new regime as well as those who first registered in the State in the twelve months following 1 January 2004. The eligible group consists of those most immediately impacted by the change. They had the longest continuous residence in the State and more limited time to adjust to the provisions of the new regime before reaching the seven year cut-off point. Overall the seven year limit is a generous one and provides ample opportunity to motivated students to achieve all of their academic goals.

Upward Only Rent Reviews

Questions (752)

Simon Harris

Question:

752. Deputy Simon Harris asked the Minister for Justice and Equality the current position regarding upward only rent reviews; the measures that are planned to address the difficulty of many small businesses in relation to this issue; and if he will make a statement on the matter. [28013/13]

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Written answers

As I have indicated in my replies to previous Parliamentary Questions on the subject of upward only rent review clauses, there are no plans to re-examine the decision which was taken in 2011 not to proceed with legislation to abolish such clauses in commercial leases which were entered into prior to 28 February 2010. It will be recalled that the background to this decision 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.

With regard to providing assistance to businesses in relation to this matter, absent legislative intervention, 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 end-April 2013, the Agency had granted 222 applications for rent abatement with an aggregate annual value of about €14 million which represents the annual value of rent due to NAMA that it has agreed to forego in order to help businesses survive. A further 52 applications were under review at that date. Of the 284 eligible applications received only 10 have been refused representing a 96% approval rate by NAMA. The practice of NAMA in this area is one which I would commend to landlords in the commercial property market and in the retail sector in particular.

More generally, the importance of supporting the retail sector is widely recognised across a range of Government Departments. Continuing action is being taken to reduce the cost of doing business for all businesses, and is intended to have a positive impact on areas such as energy, local authority rates, and the administrative burden involved in companies complying with Government regulations and tax systems. I would also draw the attention of the Deputy to the Action Plan for Jobs which lies within the remit of the Minister for Jobs, Enterprise and Innovation.

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 shortly. Attention is drawn to 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, applied on a voluntary basis, to deal with the resolution of rent review disputes in the commercial property sector. The effectiveness of the Code and the extent to which it is utilised by stakeholders is currently under review.

Visa Applications

Questions (753)

Simon Harris

Question:

753. Deputy Simon Harris asked the Minister for Justice and Equality his plans to address the delays in short term or visiting visa applications; if there are any measures under consideration in relation to a specific visitors visa; and if he will make a statement on the matter. [28017/13]

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Written answers

I am informed by officials of the Irish Naturalisation and Immigration Service (INIS) of my Department that they are not aware of any inordinate delay in processing short stay visa applications. Detailed analysis of short stay visa applications for 2012 shows that almost 50% of such applications worldwide were processed within four days of having been received in an embassy or visa office. This compares very favourably with processing times in other EU Member States. Moreover, in total almost 90,000 entry visa applications were processed in 2012 with an approval rate of 91%. Visa applicants are advised to apply eight weeks before the intended date of travel, however, this advice is mainly precautionary. Although the processing time for dealing with visit applications can vary depending on the particular circumstances of each individual case and the level of investigation required, it would be quite rare for a straightforward short stay visa application to take eight weeks to process.

There is already, under the Irish visa system, a category "Visit Visa" which includes short-term visas for those who wish to visit family/friends as well as those who wish to visit as independent holiday makers. This feature, whereby the visa applicant describes the exact purpose of their intended journey, is common to many visa regimes, for example, the Schengen visa regime covering most of our EU partner countries. No change in this area is envisaged. It is important to note that the great majority of visitors to Ireland - over 98% - come from countries whose citizens are not visa-required, for example, the UK, the US, EU member states as well as a wide range of other countries spread throughout the world. Therefore, reforms of the visa regime can have only a limited effect on tourism and other visits. Nevertheless my Department is constantly seeking ways in which the visa system can be used to facilitate increased tourist and business visits.

The Deputy will no doubt be aware of the Short-stay Irish Visa Waiver Programme, launched by this Government on 1 July 2011, which allows persons from seventeen designated countries to travel to Ireland on the basis of a UK visa. This Programme has proved very effective in attracting increased numbers of visitors from emerging tourist markets. In the twelve months following the introduction of the programme, visits from the countries covered by it increased by 21% over the preceding twelve months. The Government has also taken other steps to make the visa process easier including making greater use of multi-entry visas for regular tourist and business visitors from targeted markets including China, the UAE and Russia. My Department has established six overseas offices in strategic hub locations to provide a better and more convenient service to visa applicants from the busiest locations. It is also in discussion with the Department of Foreign Affairs and Trade on steps to make the issuing of visas through Irish missions overseas, under delegated sanction from my Department, more efficient.

Prison Education Service

Questions (754)

Maureen O'Sullivan

Question:

754. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if he will provide information on the working and training facilities that have been built as part of the new cell block in the midlands prison; the work-training facilities that are available to prisoners on a daily basis within the new cell block at present; and if he will make a statement on the matter. [28022/13]

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Written answers

The Irish Prison Service provides a wide range of rehabilitative programmes that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes are available in all prisons and all prisoners are eligible to use the services. On committal, all prisoners are interviewed by the Governor and are informed of the services available in the prison. At this point prisoners may be referred to services or they can self refer at a later date. Where Governors consider, on the information available, that a prisoner needs a particular intervention they will initiate a referral.

The development of prisoner programmes forms a central part of the new Irish Prison Service Three Year Strategic Plan 2012 - 2015. There is a clear commitment in the Strategy to enhance sentence planning, including Integrated Sentence Management, and the delivery of prison based rehabilitative programmes such as education, work training and resettlement programmes. The Irish Prison Service places a strong emphasis on improving prisoners' employability prospects through Work Training activities and accredited vocational training courses. Over 100 workshops and service activities operate across the prison estate and the number of accredited courses and activities has increased in recent years. There are now over 100 qualifications available across 20 skill sets. 1,459 prisoners participated in accredited vocational training courses in 2012 - up from 314 in 2007 - and 1,030 prisoners received certificates in the last year.

A wide range of training workshops and service activities are operating in the Midlands Prison. These include carpentry, metalwork, computers, laundry, waste management, horticulture, industrial cleaning and catering. Prisoners housed in the new accommodation block in the Midlands have access to the existing Work Training activities, other constructive activities - such as gyms, paint parties, cleaning, and reception - as well as to Education. In addition to a recently opened 'Bag and Tag' Tuckshop facility the new block will also have workshop activities in printing/computers, catering training and light industry/craftwork. Soft skills programmes will also be facilitated in the block. It is envisaged that these additional activities will come on stream in the near future once vacancies in the Work Training Officer (WTO) grade are filled through a competition which will be held in the coming weeks.

Crime Prevention

Questions (755)

Dominic Hannigan

Question:

755. Deputy Dominic Hannigan asked the Minister for Justice and Equality the steps the gardaí are taking in an area (details supplied) in County Meath to reduce crime; and if he will make a statement on the matter. [28088/13]

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Written answers

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.

Defence Forces Personnel Data

Questions (756)

John Deasy

Question:

756. Deputy John Deasy asked the Minister for Defence the number of retirees from the armed services, all ranks, in each of the past five years. [26604/13]

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Written answers

It was not possible to provide the detailed information sought by the Deputy in the time available. My Department is currently seeking to compile the relevant data and I will provide the information directly to the Deputy once it comes to hand.

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