Written Answers Nos. 1081-1096
1081. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in determination of an application for leave to remain in the state under section 3(6) of the Immigration Act 1999 (as amended) and section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [37660/13]
View answerThe person concerned is a failed asylum applicant. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 13th September, 2005, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making written representations to the then Minister setting out reasons why he should not have a Deportation Order made against him. Representations were submitted on behalf of the person concerned at that time.
The person concerned was subsequently notified of his entitlement to apply for subsidiary protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. He submitted an application for subsidiary protection and, following consideration of this application, it was determined that he was not eligible for subsidiary protection. The person concerned was notified of this decision by letter dated 25th July, 2011.
The case file of the person concerned will now be considered in accordance with the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be fully considered in advance of a final decision being made. Once a final decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
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.
1082. Deputy Finian McGrath asked the Minister for Justice and Equality if he will provide an update on the Assisted Decision Making Capacity Bill 2013. [37693/13]
View answerThe Assisted Decision-Making (Capacity) Bill 2013 was published on 17 July last. The Bill proposes a new statutory framework to support people with impaired capacity to make decisions, to retain autonomy over their decisions to the greatest extent possible and to exercise their basic rights in this regard. Passage of the Bill in due course will represent a key step towards Ireland's ratification of the UN Convention on the Rights of Persons with Disabilities. It is intended that the Bill will come before the House for second stage in the coming months.
1083. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in respect of an application for residency in the case of a person (details supplied) in County Monaghan; and if he will make a statement on the matter. [37697/13]
View answerThe person concerned applied for asylum on 13th March, 2006. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. As these proceedings have not yet been finalised, it would not be appropriate for me to comment further on the case of the person concerned at this time.
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.
1084. Deputy Michael Healy-Rae asked the Minister for Justice and Equality in view of the fact that the Garda Commissioner has stated that the figure of 13,000 gardaí is the critical low line figure and the assurance of a recruitment campaign commencing in the future, if the length it time it takes for gardaí to be trained and brought into the Force not dictate that this baseline figure according to the Commissioner will be broken and will the Force not be at a critically low level at this stage; and if he will make a statement on the matter. [37750/13]
View answerI am informed by the Garda Commissioner that the strength of An Garda Síochána, as of the 31 August 2013, the latest date for which figures are readily available, was 13,190.
While it is difficult to predict with any certainty the number of Garda members who will retire in any year, given that members with 30 years service may retire on full pension after the age of 50, a retirement rate in line with recent experience could see Garda strength approaching 13,000 by the end of this year. I have said that, while there will always be fluctuations in Garda strength because of varying rates of retirement and the time it takes to train recruits, my preferred target strength for the Garda Síochána is 13,000.
As the Deputy is aware, I have secured the approval of my colleague, the Minister for Public Expenditure and Reform, for a recruitment competition for the Garda Síochána. Before recruitment can commence, there are a number of procedural issues that need to be finalised prior to the formal commencement of the process which I expect to get underway in the coming weeks, with the first students entering the Garda College in Templemore, Co Tipperary, in mid-2014.
1085. Deputy Brendan Griffin asked the Minister for Justice and Equality his plans to introduce a Certificate of Universal Garda Clearence in view of the delays currently being encountered by persons applying for Garda clearence in respect of individual organisations; and if he will make a statement on the matter. [37785/13]
View answerA vetting disclosure is made in response to a written request and with the permission of the person who is the subject of that request. Garda vetting disclosures are issued to specified organisations registered with the Garda Central Vetting Unit (GCVU) for that purpose in respect of a particular post or employment. The Unit processed approximately 328,000 vetting applications on behalf of these organisations in 2012 and expects to receive in the region of 350,000 applications by the end of 2013.
The disclosure is made to the requesting, registered organisation of the position at the time when it is issued.
Each time a new vetting application is received, a full vetting check is conducted to ensure that the most recent data available is taken into account. The non-transferability and contemporaneous nature of the certificate protects against the risk of fraud or forgery and is a guarantee of the integrity of the vetting service. It also affords the registered organisation the facility to assess suitability based on the most up to date information available on the applicant. The Deputy will appreciate that the safety of children and vulnerable adults is the primary consideration and this must remain the case.
I am informed by the Garda authorities that the current average processing time for applications is approximately 9 weeks from date of receipt. However, seasonal fluctuations and the necessity to seek additional information on particular applications can result in this processing time being exceeded on occasion. In the interest of fairness and equity, Garda vetting applications are processed in chronological order based on the date of receipt in the GCVU.
All organisations registered for Garda Vetting are aware of the processing time-frames for the receipt of Garda vetting and have been advised to factor this into their recruitment and selection process.
It is essential that the GCVU has the resources required to perform this most critical of roles effectively and I have given this matter particular priority. In that regard I have been actively engaged with my colleague the Minister for Public Expenditure and Reform. As a result of that engagement, I am pleased to say that the Commissioner has confirmed to me that there are now 134 whole-time equivalent staff (130 civilians and 4 members of the Garda Síochána) assigned to the GCVU, some 41 of whom have been redeployed from elsewhere in the public service since the end of March 2013. Some of these redeployed staff have only recently completed their training in the vetting process, and the full impact of their work will be seen in the coming weeks. Furthermore, I have also recently received sanction for the redeployment of 40 additional staff to the GCVU. This brings the total number of staff in that service to over 170 which, when compared to the average staff allocation of 78 at the Unit over the past two and a half years, represents an increase of 117%.
Development of an e-Vetting solution is underway. This will facilitate the processing of all applications in an e-format, thus removing the time-consuming current process of manually managing all applications received . The initial phase of testing this e-vetting system will take place in the fourth quarter of 2013. When this is achieved, this system will streamline the overall vetting process in this jurisdiction, and further contribute to reductions in processing times for all vetting applications.
1086. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions No. 160 of 24 January 2013, and No. 435 of 26 March 2013, if he has received an updated report on the enforcement of section 63 of the Road Traffic Act 2010 as it was indicated previously that a report of this kind would be provided to his Department by the end of July 2013; if he will comment on the contents of the update provided to him and his views on same; and if he will make a statement on the matter. [37798/13]
View answerAs the Deputy is aware, the Courts Service has put in place arrangements to ensure that summonses issued since May 2012 include wording to advise persons charged with an offence under the Road Traffic Acts to bring their driving licence together with a photocopy of the licence when they are attending court. I am informed that the Courts Service has communicated with the judiciary to facilitate an arrangement that defendants who appear before the court are requested in court to produce their driving licence and a copy thereof to the court registrar for the purpose of having the driving licence number recorded. Additionally, Registrars have been requested to record whether or not the licence or a copy thereof was produced to the court. Where the driving licence number is recorded and on conviction the details are provided to the Department of Transport, Tourism and Sport.
The Courts Service has reported that there has been an increase in the number of driving licence numbers collected since the initiatives above have been implemented. The table below provides details of driving licence numbers collected in March, April, May and June 2013. For comparative purposes similar data is provided for May, June and July 2012. In both cases the figures do not include mandatory court appearances.
|
Month |
No of defendants convicted |
No of driving licence numbers recorded |
% of driving licence numbers recorded |
|
Mar 2013 |
971 |
466 |
47.9% |
|
April 2013 |
1,032 |
433 |
41.9% |
|
May 2013 |
1,082 |
528 |
48.8% |
|
June 2013 |
987 |
406 |
41.1% |
|
Total |
4,072 |
1,833 |
45% |
|
Month |
No of defendants convicted |
No of driving licence numbers recorded |
% of driving licence numbers recorded |
|
May 2012 |
2118 |
548 |
25.8% |
|
June 2012 |
1861 |
505 |
27.1% |
|
July 2012 |
1916 |
519 |
27% |
|
Total |
5,895 |
1,572 |
26.6% |
To date there have been no prosecutions for failure to produce driving licences to the Court. However, I am informed that the Courts Service are putting in place arrangements whereby the Garda Siochana will be notified of instances where no licence was produced to the court, including where the person does not appear in court. It will then be a matter for the Gardai to decide to initiate prosecutions in such instances.
1087. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions No. 718 of 23 October 2012, and No. 652 of 11 June 2013, regarding the technical and administrative measures required to commence section 44 of the Road Traffic Act 2010, if the report from the Garda authorities mentioned in his reply to the latter question is available and if the contents of same can be made available as soon as possible. [37799/13]
View answerI am, of course, anxious to facilitate the commencement of the provision in question by my colleague the Minister for Transport, Tourism and Sport at the earliest opportunity.
The Deputy will be aware that a working group was established earlier this year under the aegis of the Courts Service to examine various operational aspects of the penalty points system. Since my last response to the Deputy on this matter, and following a meeting in July between Minister Varadkar and myself, the working group was requested to identify, inter alia, the preparations required to be made within an An Garda Síóchána, the Courts Service and any other relevant stakeholders to bring the provision into effect.
I am informed that the working group has met on a number of occasions to consider the issues in question and will report on how progress can be made with regard to commencement of the provision as a matter of priority.
1088. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if his attention has been drawn to incidents of speeding and joyriding in certain parts of north Dublin (details supplied); if he can prioritise an increased Garda presence to conduct the necessary speed and breath checkpoints to ensure the roads in this area are safer for residents; if he can clarify whether Garda presence and the number of Garda checkpoints have decreased in the past two years in the Dublin Metropolitan Region Northern Division; and if he will make a statement on the matter. [37801/13]
View answerI can assure the Deputy that I share the concern about incidents of speeding and anti-social driving behaviour and the impact it has on local communities. Effective roads policing is central to the Garda Policing Plan 2013 and road traffic enforcement is high throughout the country.
I am informed by the Garda authorities that the areas referred to by the Deputy are located in the Raheny District. I am further advised that is is not possible to provide the total number of roadside checkpoints carried out in the Division referred to by the Deputy, as Gardaí on duty would frequently have occasion to engage and interact with road users in variety of different ways which would not always necessitate further action or be recorded. The allocation of Garda resources is a matter for the Garda Commissioner. However, I am assured that as part of road traffic enforcement policy in the area, members of An Garda Síochána carry out planned and ‘ad hoc’ checkpoints as required, including mandatory alcohol testing (MAT) checkpoints. In addition, all members of An Garda Síochána are tasked with the enforcement of relevant legislation, including the Road Traffic Acts and persons found engaging in dangerous driving are dealt with in accordance with the law. Specific operations are also conducted targeting anti-social driving behaviour based on analysis of the incidence and location of such behaviour. Garda management closely monitor all patrols and other road traffic strategies in place, with a view to meeting the policing needs of the communities in question, including to address speeding and anti-social driving, and with a view to reducing the number of fatal and serious injuries on our roads.
1089. Deputy Jim Daly asked the Minister for Justice and Equality when he expects the enactment of the Spent Convictions Bill; and if he will make a statement on the matter. [37849/13]
View answer1111. Deputy Micheál Martin asked the Minister for Justice and Equality when he expects to complete and enact the Criminal Justice (Spent Convictions) Bill 2012; and if he will make a statement on the matter. [38405/13]
View answerI propose to take Questions Nos. 1089 and 1111 together.
The Criminal Justice (Spent Convictions) Bill 2012 passed Committee Stage in Dáil Éireann on 20 March 2013, having previously passed all stages in the Seanad. However, before the Bill was taken at Report Stage, a judgment of the Court of Appeal in England and Wales was published which has necessitated a review of the provisions concerning the disclosure of certain old minor convictions under the National Vetting Bureau (Children and Vulnerable Persons) Act 2012. Given the close relationship between the two pieces of legislation, any changes to the Vetting Act will have to be reflected in the Spent Convictions Bill. It is my intention that the review will be completed shortly and I hope that it will be possible to have the Spent Convictions Bill enacted during this term.
1090. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide in tabular form the number of citizenship ceremonies held since March 2011; the location of same on a county basis; the cost per ceremony; if individual applicants must pay for the citizenship ceremony; and if he will make a statement on the matter. [37853/13]
View answerOn taking up office, I had substantial concerns that no appropriate arrangements existed to give proper recognition to the importance of a person being granted Irish citizenship. Under then existing arrangements a local district court clerk arranged for a person granted citizenship to take an oath before a District Court Judge and the new citizen subsequently received their Certificate of Naturalisation by post. In addition to arranging dedicated ceremonies with appropriate dignity and recognition of what a major and important event it is to become an Irish citizen, the introduction since March 2011 of citizenship ceremonies has prevented the build up of a huge strain on court time due to the large increase in the number of decisions made on naturalisation applications.
A total of 77 ceremonies have been held to date involving a total of 38,400 persons. A further ceremony day planned to take place on 21 October 2013. 72 of the ceremonies have taken place in Dublin, while 2 were held in Templemore in August 2011, 2 in Cork in December 2011 and 1 in the INIS offices in Tipperary Town in November 2012.
The average ceremony cost to date, excluding staff and processing costs, is just over €4 per applicant with recent large scale ceremonies costing under €4 per applicant. While ascribing a precise cost to the previous system of naturalisation is difficult at this remove, the indications are that this was significantly more costly given that it involved the diversion of court time and facilities as well as postage costs. Moreover, as mentioned above, the courts system would have been overwhelmed by the volume of cases which have been approved in the past two and a half years.
Attending a citizenship ceremony is free for all naturalisation applicants and their guests, while providing a sense of dignity and occasion that serves to underscore the importance to both the State and the applicant of the granting of Irish citizenship.
1091. Deputy Niall Collins asked the Minister for Justice and Equality the total number of citizenship applications granted per annum since 2011; the number of applications pending a decision; the number rejected; the average waiting time per annum; and if he will make a statement on the matter. [37854/13]
View answerThe number of applications approved in 2011 was 13,000, with 23,000 approved in 2012 and 24,000 so far this year. Those refused or deemed ineligible amounted to 1800, 1,600 and 700 respectively. There has been an enormous increase in the volume of applications for a certificate of naturalisation in recent years. In 2008 the number of valid applications made was just over 9,000 whereas the total number of valid applications received for 2011, 2012 and to end of August this year were 18,300, 19,900 and 12,500 respectively.
Clearly, the dramatic increase in volume impacted on the capacity of the administrative system to process them and gave rise to a large volume of cases on hand and to a situation where most cases were taking well over two years to complete. When I came into office in March 2011 there was a backlog of about 22,000 cases on hands. I undertook to address this issue and, in this regard, a major effort has and continues to be made in reducing the time taken to process applications.
As the Deputy will appreciate, 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. All applications are processed with a view to establishing whether the applicants meet the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and are submitted to me for decision as expeditiously as possible. In some instances that can be established relatively quickly and in other cases completing the necessary checks can take a considerable period of time. Over 80% of standard applications are now being decided within 6 months, a remarkable achievement given the 120% increase in application levels since 2008, when processing times were more than 4 times longer. The total number of applications awaiting a decision currently stands at 9,000, which is less than the total number of new applications received over a 6 month period.
1092. Deputy Nicky McFadden asked the Minister for Justice and Equality if he will outline the range of rehabilitative programmes, counselling and psychology services available in the prison service to sex offenders; if participation in and completion of such programmes are mandatory; and if he will make a statement on the matter. [37902/13]
View answerI can advise the Deputy that the treatment of sex offenders is centred in Arbour Hill where sex offenders undertake the Building Better Lives programme (BBL). The programme comprises group interventions in three modules and allows responsive and flexible delivery of rehabilitation services which take account of individual risk, needs and capacity.
The programme is provided by a team of psychologists who have developed specific expertise in clinical practice including assessment and therapeutic work with men convicted of sexual offences.
The Baseline Project is a joint initiative between the Northside Inter Agency Project (NIAP) and the IPS Psychology Service which provides group programmes for young offenders in St Patrick’s Institution with a history of sexually harmful behaviour. It also continues work into the community for those with convictions for sexual offences.
The group programmes are rolling programmes with new participants joining and others leaving groups in response to progress. Time for completion does vary from individual to individual.
Not all sex offenders are suited to group programmes and other prison-based therapeutic interventions include one-to-one interventions. Sex offenders also engage with other services in order to address other related needs, such as mental health needs.
The Building Better Lives programme has the capacity to provide interventions to up to 60 prisoners. Since its inception in January 2009 to the end of August 2013, 343 offenders have been assessed by the Psychology Service for participation in the programme and 141 offenders have actually participated. Currently, 27 offenders are engaged in the BBL programme.
While offenders can be supported and encouraged in their efforts to address their offending behaviour, ultimately successful completion of an intervention programme depends on the willing participation and commitment of appropriately motivated individuals. It is not possible to force an individual to engage in psychological intervention against their will.
I would also like to advise that the Probation Service engages with sex offenders in individual work throughout the course of their sentence. This work primarily focuses on reducing the risk posed by the individual following release and also on child protection issues which may arise.
1093. Deputy Nicky McFadden asked the Minister for Justice and Equality the progress being made to reform the immigration, residency and asylum systems, particularly in relation to introducing a statutory appeals system and improving transparency; and if he will make a statement on the matter. [37952/13]
View answerWork on the details of the Immigration, Residence and Protection Bill is ongoing at my Department. The Bill provides, inter alia, for the introduction of a single application procedure for the investigation of all grounds for protection and any other grounds presented by applicants seeking to remain in the State and also provides for a Protection Review Tribunal. At the same time, in keeping with the commitment given in the Programme for Government, consideration is being given to a statutory appeals system in the immigration area and the model considered most appropriate to this jurisdiction.
Pending the enactment and commencement of the new legislation and with a view to improving processing in the area of international protection, I am introducing new arrangements for the processing of subsidiary protection applications in light of recent judgments in the Superior Courts. My Department, in consultation with the Attorney General's Office, is developing a new legislative and administrative framework for the processing of current and future subsidiary protection applications. This work which is being given high priority is close to completion and applicants will be advised of the new arrangements as soon as possible.
As I have outlined previously to the Joint Committee on Justice, Defence and Equality, it is my considered view that instead of engaging in an extremely cumbersome process of tabling hundreds of amendments to the 2010 Bill it would be much more efficient to publish a new and enhanced text. Such an approach can incorporate the many anticipated amendments while addressing key outstanding issues, several of which have been of concern to Members, including that of a streamlined, single application procedure and that of an appropriate appeals procedure. This proposition was broadly welcomed by the Joint Committee. Work on the Bill continues, therefore, on that basis, including in cooperation with the Offices of Parliamentary Counsel and of the Attorney General while also taking account of any relevant rulings by the Courts. By necessity work on Trioka-related legislation such as the establishment of the Insolvency Service and reform of the delivery of legal services has been a priority for my Department. Pending the completion of this legislative workload, I expect that work on the Immigration, Residence and Protection Bill will be advanced to enable it to be published as soon as resources allow.
1094. Deputy Jim Daly asked the Minister for Justice and Equality if he will detail by name, location and cost the number of capital projects funded by his Department for each of the past five years to date in tabular form in an area (details supplied) in County Cork; and if he will make a statement on the matter. [37965/13]
View answerThere have not been any Capital Projects funded by my Department over the past 5 years, for the areas specified in County Cork.
1095. Deputy Brendan Griffin asked the Minister for Justice and Equality the position regarding the post-release electronic tagging of sex offenders; and if he will make a statement on the matter. [37969/13]
View answerThe Programme for Government contains a commitment to introduce a series of post-imprisonment restraint orders for sexual offenders to include electronic tagging and other restrictions which may be imposed at the time of sentencing.
My Department has been conducting a wide-ranging examination of the law on sexual offences and a review of the Sex Offenders Act 2001, including a public consultation process, formed an integral part of that examination.
Arising from the review, I expect to seek Government approval for legislative proposals, including a number of amendments to the 2001 Act, shortly. Legislative proposals being considered include measures for the electronic tagging of convicted sex offenders in specific circumstances.
1096. Deputy Brendan Griffin asked the Minister for Justice and Equality if he will consider not putting the clocks back this October; if his attention has been drawn to the many benefits that would accrue from such a move, such as longer evenings for winter tourists, more physical recreation time for people after work or school, improved road safety conditions at peak times, less energy demand in the evening time and more positive mental health conditions; and if he will make a statement on the matter. [37973/13]
View answerAs the Deputy may be aware, the Dáil debated Deputy Broughan's Private Members - Brighter Evenings Bill 2012 on 5 July, 2013. During the course of the debate Deputy Broughan accepted my proposal that the matter be adjourned and the issues raised by his Bill be considered by the Joint Oireachtas Committee on Justice, Defence and Equality.
Consequently, in my letter of 25 July, 2013 to its Chairman, I asked the Committee to further examine the matters raised by Deputy Broughan's Bill and to seek submissions from interested parties. I also suggested that the Committee might contact members of the Westminster Parliament, along with those in the Northern Ireland, Scottish and Welsh Assemblies.
Pending receipt of the report that I asked the Committee to publish detailing the advantages and difficulties relating to any change in our current time arrangements and its conclusion on the matter I wish to advise the Deputy that I have no plans at present to change our current time arrangements.
