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Thursday, 13 Jun 2013

Written Answers Nos. 44-52

Garda Resources

Questions (45)

Robert Dowds

Question:

45. Deputy Robert Dowds asked the Minister for Justice and Equality the funding available to An Garda Síochána for white collar crime in view of (details supplied). [28221/13]

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Written answers

As the Deputy will be aware, all members of An Garda Síochána may be tasked with investigating crime, including fraud-related incidents. In that context no specific Garda budget has been allocated to combating white collar crime.

Where required, specialist assistance is provided by the Garda Bureau of Fraud Investigation (GBFI) and the Garda authorities have indicated that sufficient resources are being made available to the Bureau. In that regard I can inform the Deputy that the Minister for Public Expenditure and Reform has recently approved the recruitment of two additional forensic accountants for the GBFI.

In addition, the Criminal Assets Bureau has been active in targeting the proceeds of deception, fraud, money laundering, bribery and corruption and other types of criminal activity commonly referred to as "white collar crime". Moreover, the primary investigative agency for offences under the Companies Acts is the Office of the Director of Corporate Enforcement.

I am, of course, concerned to ensure that the investigation and detection of fraud and white collar offences is as effective as it can be and that An Garda Síochána has available to it the necessary legislative and other supports to this end. I continue to attach the highest priority to the full investigation of these offences and bringing the perpetrators of such crimes to justice. Shortly after taking up office, I moved urgently to introduce additional legislation in this area which was enacted as the Criminal Justice Act 2011, and provides vital assistance to An Garda Síochána in the completion of current white collar crime investigations, as well as providing assistance to them in future investigations. The Garda Commissioner is aware that any further legislative proposals he might have which would assist in the investigation and detection of white collar crime, or of fraud offences generally, will be positively considered by me.

Garda Síochána Ombudsman Commission Administration

Questions (46)

Clare Daly

Question:

46. Deputy Clare Daly asked the Minister for Justice and Equality the steps he will take to improve the operation of GSOC, with particular reference to the problems it identified in its annual report 2012 and the fact that no names were mentioned in the investigation (details supplied). [28223/13]

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Written answers

I arranged to meet the Garda Síochána Ombudsman Commission in May to discuss concerns they raised in their 2012 Annual Report regarding delays in concluding their investigations, and in particular delays in receiving requested information from the Garda Síochána. The Ombudsman Commission separately raised concerns regarding Garda response times in the context of their recent public interest report which dealt with the handling of covert human intelligence sources by the Garda Síochána, and which naturally, given the nature of the report, protected the identities of individuals.

The Garda Síochána Act 2005 provides for protocols on the sharing of information between the Garda Síochána and the Garda Ombudsman Commission. These protocols set down time limits for the provision of information by the Garda Síochána to the Ombudsman Commission, and it is clearly important that any such agreed protocols should be respected, and that any difficulties in this regard should be addressed.

As I have previously indicated, I have asked the Garda Commissioner for his observations on the concerns expressed by the Garda Ombudsman Commission, and I then intend to convene a meeting with the Garda Commissioner and the Garda Ombudsman Commission to make sure that any outstanding issues have been resolved.

Joint Policing Committees Remit

Questions (47)

Martin Ferris

Question:

47. Deputy Martin Ferris asked the Minister for Justice and Equality his plans for the future of joint policing committees in towns here after the abolition of town councils in 2014. [28241/13]

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Written answers

There is ongoing liaison between my Department, the Garda authorities and the Department of the Environment, Community and Local Government in relation to the operation of Joint Policing Committees (JPCs).

The Programme for Government makes a commitment to build on existing community policing partnerships and forums to enhance trust between local communities and their Gardaí. In the spirit of that commitment I initiated a review of the operation of JPCs and, on 29 November 2012, I published a discussion document to open the matter for wider consultation. My Department, together with the Garda authorities and the Department of the Environment, Community and Local Government is examining the feedback received during the consultation process, to see if any amendments should be made to the existing guidelines with a view to enhancing the operation of JPCs. The review process will also take into account the broader developments with respect to local government reform which are underway and the implications of this reform for the operation of JPCs.

Question No. 48 answered with Question No. 10.

Irish Naturalisation and Immigration Service Data

Questions (49)

Richard Boyd Barrett

Question:

49. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if he will provide a breakdown, in tabular form, of the number of applications for naturalisation year on year from 2009; if he will provide a breakdown of applications processed, approved, refused and pending-under review; and if he will make a statement on the matter. [28274/13]

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Written answers

The numbers of applications received for the years from 2009 to end May 2013 are as follows: 15,700, 12,500, 18,300, 19,900 and 7,700 respectively.

The number of applications approved for these years is 6,100, 5,000, 14,300, 23,400 and 15,100. Those refused or deemed ineligible amounted to 7800*, 3100, 1800, 1600 and 400 respectively.

When I came into office in March 2011 one of my immediate priorities was to address the large backlog of citizenship applications for naturalisation pending a decision that had built up over several years. At that time there were approximately 22,000 applications awaiting decision, many of which had been waiting for 2-3 years or longer.

Considerable resources were and continue to be deployed to process applications and more than 55,000 decisions on naturalisation applications have been made since I came into office. It is my intention that we continue to build on this success this year and, in this regard, over 15,000 valid applications have been decided to date in 2013.

* It should be noted that 4,000 of the applications refused related to applications lodged by one section of the migrant community on the basis of inaccurate and misleading information circulated within their community regarding a supposed entitlement to Irish citizenship.

Question No. 50 answered with Question No. 41.

Consular Services Representations

Questions (51)

Maureen O'Sullivan

Question:

51. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Foreign Affairs and Trade the political representation he has made in the case of a person (details supplied) in relation to possible repatriation here; if he has highlighted issues of mistreatment and instances of inhuman, degrading treatment of prisoners; and if he will make a statement on the matter. [28405/13]

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Written answers

I can inform the Deputy that the Embassy of Ireland in Lithuania and the Consular Assistance Section in Dublin has provided consular assistance to the person in question since that person’s initial detention in Lithuania. The Embassy is in regular contact with the appropriate Lithuanian authorities in response to questions or matters which have arisen during the period of imprisonment. The person and his next of kin are kept informed of the Embassy’s representations to the Lithuanian authorities on various matters, and the outcomes of these representations.

In 2009 our Embassy forwarded a diplomatic note to the Lithuanian Foreign Ministry in which it voiced its concern at the poor conditions at the prison where the person mentioned by the Deputy was being held. The person in question has since been moved to another more modern prison. The person mentioned by the Deputy has been visited in prison on a number of occasions by a Diplomatic Officer from our Embassy in Vilnius. The most recent visit was on 3 June 2013. The person mentioned did not raise with the Embassy any issues of mistreatment or instances of inhuman or degrading treatment. The transfer of prisoners between Lithuania and Ireland takes place under the Council of Europe’s Convention on the Transfer of Sentenced Persons which sets out certain conditions which must be met in order for a transfer to take place, including that the judgment must be final. I understand that the person mentioned by the Deputy is appealing his sentence and therefore is ineligible to apply for a transfer under these provisions until this process is complete.

The Deputy may wish to note that an application for an international prisoner transfer is made in the first instance through the prison authorities in Lithuania. It is then passed to their Justice Ministry which liaises on the issue with the Prison Policy section in the Department of Justice and Equality here in Ireland.

United Nations Reform

Questions (52)

Andrew Doyle

Question:

52. Deputy Andrew Doyle asked the Tánaiste and Minister for Foreign Affairs and Trade if he will detail his position on the future reform of the United Nations General Assembly; his views on whether the European Union delegation to the UN will one day be a full member of the UNGA in its own right, in view of the fact that it holds full membership rights in some UN organisations and its relatively recent upgrade to enhanced observer status with speaking rights; his views on whether both member states and the EU being members of the UNGA could expose differences and create conflicting positions between Ireland and the EU at the UNGA; and if he will make a statement on the matter. [28461/13]

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Written answers

The UN Charter provides the rules for membership of the United Nations General Assembly. Chapter II Article 4 provides that; "Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations."

The European Union is not a State under the terms of the UN Charter. Accordingly, it would be hypothetical and premature to offer a view on EU membership of the UN General Assembly.

The EU gained enhanced observer status in May 2011 when the UN General Assembly adopted Resolution A/65/276 upgrading the status of the European Union's participation in the United Nations. This resolution allows EU representatives to present common positions of the Union to the Assembly. European Union Member States coordinate closely to advance common EU positions at the United Nations.

Reform of the United Nations General Assembly is dealt with by the Ad Hoc Working Group on Revitalisation of the work of the General Assembly, with Egypt chairing this group during the 67th session of UNGA. Thematic discussions during the current session will focus inter alia on the role and authority of the General Assembly; its working methods and implementation of its resolutions; the role and responsibility of the Assembly in the selection and appointment of the UN Secretary-General and other executive Heads within the UN system; and the functions of the Office of the President of the General Assembly.

Together with our EU partners, Ireland is committed to reform of the UN General Assembly, including through efforts to strengthen its role and authority, and to enhance the effectiveness of its work. We believe that improvements in the efficiency and effectiveness of the General Assembly are an essential element of the broader reform effort at the United Nations.

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