Written Answers Nos. 489-507
489. Deputy Michael McGrath asked the Minister for Justice and Equality when he expects to have the Legal Services Regulation Bill 2011 enacted and its key reforms implemented; and if he will make a statement on the matter. [40384/13]
View answerI am pleased to report to the Deputy that steady progress is being made towards the enactment of the Legal Services Regulation Bill 2011 which remains a priority under both the Programme for Government and the EU/IMF/ECB Troika structural reform programme. The Bill it is set to provide for the establishment of a new Legal Services Regulatory Authority that will be independent of the Government, the Law Society and the Bar Council in its appointment and in the discharge of its functions. The Bill will also establish an independent complaints framework to deal with allegations of professional misconduct to which the public will have direct access - at present such complaints are made through the professional bodies. There will also be an independent Legal Practitioners’ Disciplinary Tribunal to deal with allegations of serious misconduct by both solicitors and barristers.
These changes are being augmented by a more modern, consumer friendly and transparent legal costs regime under the Office of the Legal Costs Adjudicator that will take over the duties of the existing Taxing-Master. The Bill sets out, for the first time in legislation, a set of Legal Costs Principles and the determinations of the Legal Costs Adjudicator, who may also issue legal costs guidelines, will be made public. The Bill will also open the legal services sector to new business models that will provide new opportunities for legal services providers while also providing greater choice and competition for the benefit of consumers.
As the Deputy will be aware, Committee Stage of the Bill commenced on 17 July when I successfully introduced a series of key amendments to Part 2 of the Bill which have further enhanced the independence of the new Legal Services Regulatory Authority which will be appointed by nominating bodies. Detailed work on the Bill continues in my Department in conjunction with the Offices of the Attorney General and of Parliamentary Counsel. Committee Stage is to resume as soon as possible in the current session with a view to achieving the Bill's earliest enactment and the timely implementation of its reforms.
490. Deputy Robert Troy asked the Minister for Justice and Equality if there will be any openings for new recruits within the Gardaí in the coming months; and if he will make a statement on the matter. [40450/13]
View answerAs 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. There are a number of procedural issues that need to be finalised prior to the formal commencement of that competition and these are expected to conclude in the coming weeks.
The competition will be run by the Public Appointments Service on behalf of the Garda Commissioner. An announcement will be issued as soon as recruitment starts, both on their website and directly to those who have registered an expression of interest in joining the Garda Síochána. Persons who would like to join An Garda Síochána and have not yet registered their interest in doing so may sign up on the Public Appointments Service website, www.publicjobs.ie. The first students are expected to enter the Garda College in Templemore, Co Tipperary, in mid-2014. These recruits will complete the new Garda training programme before they are attested as sworn Gardaí and assigned to stations to complete their training.
491. Deputy Patrick O'Donovan asked the Minister for Justice and Equality in view of the amalgamation of the Newcastle West and Askeaton Garda districts, the provision that has been made to increase accommodation for Gardaí in the Newcastle West station; his views on whether the facilities in Newcastle West meet the needs of An Garda Síochána in respect of Garda welfare, prisoner accommodation and public service; if an application has been made to improve conditions in Newcastle West Garda station. [40468/13]
View answerThe decision to amalgamate the two Garda Districts referred to by the Deputy was one of the results of a comprehensive assessment carried out by the Garda Commissioner over a 12 month period and contained in his Policing Plan for 2013, which I laid before the House last November. It is an operational matter for the Garda Commissioner to make a decision on the date for the amalgamation. In this context, I understand that plans are currently being developed to provide additional facilities at Newcastle West Garda station.
492. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality if he will ensure that additional Garda resources are assigned to a town (details supplied) in County Kildare; and if he will make a statement on the matter. [40492/13]
View answerAs the Deputy is already aware, 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.
Specifically in relation to drugs, all Gardaí have responsibilities in the prevention and detection of criminal activity whether it be in the area of burglary, drug offences or otherwise. I can assure the Deputy that An Garda Síochána continues to pro-actively and resolutely tackle all forms of drug crime in this jurisdiction. The Garda National Drugs Unit, works closely with dedicated Divisional and District Drug Units and other national units in targeting persons involved in the illicit sale and supply of drugs. I am informed by the Commissioner that there are 317 Gardaí, 29 Garda Reservists and 28 Civilians assigned to the Kildare Division and two of these Gardaí are specifically assigned to Divisional Drugs Unit. The Division is also supported by the Garda National Drugs Unit which has a strength of 55. Divisional resources are further augmented by a number of Garda National Units such as the Garda National Drugs Unit, the Garda National Immigration Bureau (GNIB), the Criminal Assets Bureau (CAB) and other specialised units.
493. Deputy Gerry Adams asked the Minister for Justice and Equality the arrangements put in place by his Department to ensure compliance with the Official Languages Act, specifically requirements for signage in departmental offices, schools, third level institutions; details of any assessments undertaken by departmental staff to assess requirements; the number of signs assessed; when any corrective actions were put in place; if any or all of the actions taken by his Department were within the designated timeframes set out in legislation, and if not the reasoning for same; and if he will make a statement on the matter. [40550/13]
View answerAt the request of the Minister for Community, Rural and Gaeltacht Affairs in June 2005 a draft Irish language scheme under Section 11 of the Official Languages Act 2003 was prepared by this Department. That draft Scheme was prepared following consideration of submissions received from interested parties outside of this Department and an internal consultation process. It was submitted to the then Minister for Community, Rural and Gaeltacht Affairs in December 2005 and following discussions with that Department the draft Scheme was confirmed by their Minister in May 2006.
In addition to internal monitoring of that Scheme, the Office of the Language Commissioner has also formally monitored the Department's implementation of the Scheme. A second draft Scheme has similarly been prepared by my Department and submitted to the Department of Arts, Heritage and the Gaeltacht. Consultations have taken place on that draft Scheme with a view to its confirmation.
Specifically in relation to signage, since the enactment of the Official Languages Act 2003, and subsequently on the publication of Regulations on bilingual signage, my Department has monitored its signage on an ongoing basis, bearing in mind the timeframes set out in legislation. Emphasis was placed on signage in areas where the general public had access, in order that signage in such areas would be bilingual. In April 2013 the Office of the Language Commissioner gave notice to my Department of its intention to carry out, later in the year, an audit of the signage in use by my Department in its buildings, specifically signage coming under the purview of the Regulations (S.I. No. 391 of 2008) made under Section 9(1) of the Official Languages Act 2003. Formal inspections were carried out by officials within my Department in preparation for that audit and some signage was replaced and additional signage erected. On 20 September 2013 a formal inspection of the signage in certain offices of my Department in Dublin was carried out by an official from the Office of the Language Commissioner and we are awaiting their written report on that inspection.
494. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding replacing Garda stations with mobile police offices; the number that have been provided to date; the number that will be provided; the costs involved; and if he will make a statement on the matter. [40588/13]
View answerDecisions in relation to the provision and allocation of policing resources, including Garda transport, are an operational matter for the Garda Commissioner. As the Deputy will be aware, earlier this year the Garda authorities indicated that they proposed to provide a number of mobile Garda offices. At this stage, however, I understand from the Garda authorities that they have decided not to proceed with the proposal, at least for the present. In that context I have been informed by the Garda authorities that current community policing needs are being met in conjunction with the Garda Community Engagement Programme and they have concluded that the introduction of mobile offices would provide limited identifiable benefits for the public or the Force. Accordingly, the vehicles purchased for use as mobile offices are being re-deployed for other Garda purposes. Overall, the Garda authorities have indicated that the Garda operational arrangements in place throughout the country are sufficient to ensure the continued delivery of a comprehensive policing service to all communities. In addition they have confirmed that these arrangements will be kept under on-going review.
495. Deputy Kevin Humphreys asked the Minister for Justice and Equality if he will provide a list of the Acts or specific provisions of Acts under his Department that have not yet been commenced; if it is intended to commence the provision in each case; if so, when; and if he will make a statement on the matter. [40603/13]
View answerFollowing clarification from the Deputy I have interpreted the question to refer to Bills which have been enacted since the current Government took office on 9 March 2011. Details of the information sought is outlined in the table below:
|
Acts/Provisions of Acts Not Yet Commenced |
Proposed to make a commencement order Yes/No |
When commencement order will be made |
|
Charities Act 2009 (No. 6 of 2009), with the exception of the following sections: 1, 2, 4, 5, 10 (other than subsections (3) and (4)), 90 and 99. |
Yes |
Currently planned for 2014. |
|
Courts and Civil Law (Miscellaneous Provisions) Act 2013 - Part 7 Bankruptcy. |
Yes |
Awaiting the making of new Rules of Court on bankruptcy - expected shortly. |
|
Personal Insolvency Act 2012 - Part 4 Bankruptcy. |
Yes |
Awaiting the making of new Rules of Court on bankruptcy - expected shortly. |
|
Section 188 of Personal Insolvency Act 2012, subsection 4(b). |
Yes |
Commencement expected shortly. |
|
Part 3 of Courts and Civil Law (Miscellaneous Provisions) Act 2013. |
Yes |
A draft set of amendments to the District Court Rules is currently being finalised by the District Court Rules Committee and I will commence Part 3 as soon as possible after the Courts' Rules Committees have completed their work. |
|
Criminal Justice Act 2011 - Partially commenced. Section 5 of Part 1 and section 7 (c) and sections 9 to 14 of Part 2 have yet to be commenced. |
Yes |
Commencement expected shortly. |
|
National Vetting Bureau (Children and Vulnerable Persons) Act 2012. |
See note |
Elements of the Act concerning the disclosure of convictions are under review at present having regard to a recent judgment of the UK Court of Appeal in (On the Application of) T and others - v - Chief Constable of Greater Manchester [2013]. Any modifications necessary to the Act will be addressed in advance of commencement by way of amendments to the Criminal Justice (Spent Convictions) Bill 2012 to which this Act is closely linked. That Bill is awaiting Report Stage in the Dáil and is expected to be enacted this term. |
|
Criminal Justice Act 2013. Sections 5, 15 and 16 of Part 2 have yet to be commenced. |
See note |
It is expected that sections 15 and 16 will be commenced in January. Operational preparations are under way to allow the Central Bank to assume the relevant functions in relation to trust or company service providers that are subsidiaries of credit or financial institutions. Commencement of section 5 is not imminent. Progress on the negotiation of the proposed 4th EU Directive on Money Laundering will have a bearing on the issue. |
|
The Personal Insolvency Act 2012 - Part 4 Bankruptcy. |
Yes |
Awaiting the making of new Rules of Court on bankruptcy - expected shortly. |
|
Property Services (Regulation) Act 2011 Part 10 (Maintenance of Professional Competence of Licensees) |
Yes |
Intended to commence Part 10 during 2014. This will require the putting in place of a range of courses for licensed Property Service Providers. |
496. Deputy Catherine Murphy asked the Minister for Justice and Equality the level of compliance with European Union directives within his ministerial areas of responsibility; the current fines resulting from non-compliance and potential fines resulting from present non-compliance the State is or may be exposed to; and if he will make a statement on the matter. [40639/13]
View answerInsofar as my areas of responsibility are concerned, Ireland is not subject to any fines arising from non-compliance with European Union Directives and does not have any overdue Directives yet to be transposed. Within my areas of responsibility, Ireland is currently the subject of two letters of formal notice by the European Commission under Article 258 of the Treaty on the Functioning of the European Union. The relevant Directives, and the current position on each, are as follows:
- Directive 2004/38/EC (the 'Freedom of Movement Directive'): In 2011, the Commission issued a letter of formal notice alleging certain shortcomings in Ireland's transposition of this Directive. My Department engaged closely with the Commission with a view to resolving the matter, resulting in an agreement on the content of new draft Regulations to amend the European Community (Free Movement of Persons) Regulations 2006. I expect to be in a position to sign these Regulations in the near future, after which it is hoped that the Commission will formally close its proceedings in this case.
- Directive 2011/36/EU (the 'Human Trafficking Directive): On 28 May 2013 the Commission issued a letter of formal notice to Ireland regarding overdue transposition of this Directive, full transposition of which was due by 6 April 2013. Ireland had already implemented most of the criminal law provisions of the Directive by way of the Criminal Law (Human Trafficking) Act 2008, but a small number of amendments to that Act were required for full compliance with the Directive. Those amendments were included in the Criminal Law (Human Trafficking) (Amendment) Act which became law on 9 July 2013 and the Commission was duly notified that Ireland had transposed Directive 2011/36/EU in full. An acknowledgement of Ireland's transposition documentation was received from the Commission on 29 August and it is hoped that the case will be formally closed in the near future.
497. Deputy Seán Kenny asked the Minister for Justice and Equality the number of additional marked and unmarked Garda cars and marked vans that each Garda district has received to date in 2013; and if he will make a statement on the matter. [40715/13]
View answerDecisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of his identified operational demands and the availability of resources. The allocation of Garda vehicles is monitored and reviewed on an on-going basis. I am advised by the Garda authorities that the information requested by the Deputy is as shown in the following table:
|
NEW VEHICLES COMMISSIONED 2013- |
CAR |
CAR |
VAN |
TOTAL |
|
DISTRICT |
MARKED |
UNMARKED |
- |
- |
|
ANGLESEA ST |
2 |
0 |
1 |
3 |
|
ARDEE |
0 |
0 |
1 |
1 |
|
ASHBOURNE |
0 |
2 |
2 |
4 |
|
ATHLONE |
0 |
2 |
2 |
4 |
|
BAILIEBORO |
3 |
0 |
1 |
4 |
|
BALBRIGGAN |
0 |
0 |
1 |
1 |
|
BALLINA |
0 |
1 |
0 |
1 |
|
BALLINASLOE |
2 |
0 |
0 |
2 |
|
BALLYMOTE |
0 |
0 |
1 |
1 |
|
BALLYMUN |
2 |
2 |
0 |
4 |
|
BALLYSHANNON |
2 |
2 |
0 |
4 |
|
BALTINGLASS |
0 |
1 |
1 |
2 |
|
BANDON |
1 |
2 |
1 |
4 |
|
BANTRY |
1 |
1 |
1 |
3 |
|
BELMULLET |
1 |
0 |
0 |
1 |
|
BLACKROCK |
1 |
2 |
1 |
4 |
|
BLANCHARDSTOWN |
1 |
1 |
1 |
3 |
|
BRAY |
1 |
1 |
2 |
4 |
|
BRIDEWELL |
1 |
0 |
0 |
1 |
|
BRUFF |
2 |
1 |
1 |
4 |
|
BUNCRANA |
2 |
1 |
1 |
4 |
|
CAHIR |
3 |
0 |
1 |
4 |
|
CARLOW |
2 |
1 |
2 |
5 |
|
CARRICKMACROSS |
1 |
0 |
1 |
2 |
|
CASTLEBAR |
1 |
1 |
0 |
2 |
|
CASTLEREA |
0 |
2 |
1 |
3 |
|
CAVAN |
0 |
1 |
0 |
1 |
|
CLAREMORRIS |
0 |
0 |
2 |
2 |
|
CLIFDEN |
0 |
1 |
1 |
2 |
|
CLONAKILITY |
1 |
0 |
1 |
2 |
|
CLONDALKIN |
1 |
1 |
1 |
3 |
|
CLONMEL |
0 |
0 |
1 |
1 |
|
COBH |
1 |
0 |
0 |
1 |
|
COOLOCK |
1 |
0 |
0 |
1 |
|
CRUMLIN |
1 |
0 |
0 |
1 |
|
DMR-TRAFFIC OFFICE |
3 |
0 |
0 |
3 |
|
DONNYBROOK |
0 |
1 |
0 |
1 |
|
DROGHEDA |
1 |
1 |
0 |
2 |
|
DUNDALK |
2 |
2 |
1 |
5 |
|
DUNGARVAN |
1 |
1 |
1 |
3 |
|
DÚN LAOGHAIRE |
2 |
2 |
1 |
5 |
|
ENNIS |
2 |
2 |
3 |
7 |
|
ENNISCORTHY |
1 |
2 |
0 |
3 |
|
FERMOY |
1 |
0 |
1 |
2 |
|
GLENTIES |
1 |
0 |
0 |
1 |
|
GOREY |
1 |
1 |
1 |
3 |
|
GORT |
1 |
0 |
1 |
2 |
|
GRANARD |
1 |
0 |
1 |
2 |
|
GURRANABRAHER |
0 |
0 |
1 |
1 |
|
HENRY STREET |
2 |
0 |
0 |
2 |
|
KANTURK |
0 |
1 |
1 |
2 |
|
KELLS |
2 |
0 |
1 |
3 |
|
KEVIN STREET |
1 |
0 |
0 |
1 |
|
KILDARE |
1 |
0 |
1 |
2 |
|
KILKENNY |
4 |
1 |
0 |
5 |
|
KILLARNEY |
0 |
1 |
0 |
1 |
|
KILRUSH |
3 |
2 |
0 |
5 |
|
KLLLARNEY |
2 |
0 |
0 |
2 |
|
LEITRIM |
1 |
0 |
1 |
2 |
|
LEIXLIP |
2 |
0 |
0 |
2 |
|
LETTERKENNY |
3 |
2 |
2 |
7 |
|
LISTOWEL |
1 |
0 |
1 |
2 |
|
LONGFORD |
2 |
1 |
0 |
3 |
|
LOUGHREA |
0 |
0 |
1 |
1 |
|
LUCAN |
1 |
1 |
0 |
2 |
|
MACROOM |
1 |
1 |
0 |
2 |
|
MALLOW |
0 |
1 |
1 |
2 |
|
MAYFIELD |
0 |
0 |
1 |
1 |
|
MIDLETON |
1 |
0 |
0 |
1 |
|
MILFORD |
0 |
1 |
1 |
2 |
|
MILL STREET |
1 |
3 |
1 |
5 |
|
MONAGHAN |
1 |
2 |
1 |
4 |
|
MULLINGAR |
4 |
2 |
0 |
6 |
|
NAAS |
1 |
1 |
2 |
4 |
|
NATIONAL UNIT |
3 |
12 |
0 |
15 |
|
NAVAN |
1 |
1 |
1 |
3 |
|
NENAGH |
1 |
2 |
0 |
3 |
|
NEW ROSS |
0 |
0 |
1 |
1 |
|
NEWCASTLE WEST |
2 |
1 |
3 |
6 |
|
PEARSE ST |
1 |
0 |
1 |
2 |
|
PORTLAOISE |
3 |
1 |
3 |
7 |
|
RAHENY |
0 |
1 |
1 |
2 |
|
ROSCOMMON |
2 |
0 |
1 |
3 |
|
SALTHILL |
0 |
1 |
0 |
1 |
|
SLIGO |
0 |
5 |
1 |
6 |
|
STORE-STREET |
0 |
0 |
1 |
1 |
|
SWINFORD |
1 |
0 |
1 |
2 |
|
TALLAGHT |
1 |
1 |
1 |
3 |
|
TERENURE |
1 |
0 |
1 |
2 |
|
THOMASTOWN |
2 |
0 |
1 |
3 |
|
THURLES |
2 |
1 |
1 |
4 |
|
TOGHER |
3 |
0 |
1 |
4 |
|
TRALEE |
1 |
3 |
0 |
4 |
|
TRAMORE |
1 |
1 |
1 |
3 |
|
TRIM |
1 |
0 |
0 |
1 |
|
TUAM |
0 |
0 |
1 |
1 |
|
TULLAMORE |
1 |
1 |
1 |
3 |
|
WATERFORD |
1 |
0 |
1 |
2 |
|
WESTPORT |
0 |
0 |
1 |
1 |
|
WEXFORD |
2 |
1 |
1 |
4 |
|
WICKLOW |
2 |
1 |
0 |
3 |
|
TOTAL: |
117 |
91 |
80 |
288 |
498. Deputy Jim Daly asked the Minister for Justice and Equality if he will provide an update in relation to correspondence furnished to his office; and if he will make a statement on the matter. [40724/13]
View answerThe person concerned is a failed asylum applicant. Arising from the refusal of her 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 27th February, 2009, that the then Minister proposed to make a Deportation Order in respect of her. She 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 the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for subsidiary protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. Her judicial review leave application was refused by the High Court on 11th April, 2013 meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood. The person concerned has submitted an application for subsidiary protection. However, this application could not be determined while the judicial review proceedings were before the High Court. Now that those proceedings have been disposed of, consideration can be given to the subsidiary protection application. When this consideration has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for subsidiary protection is refused, the position in the State of the person concerned will then be decided by reference to 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 considered before a final decision is 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.
The Deputy will appreciate that the principal reason for the delay in having the case of the person concerned processed to completion was owing to the existence of judicial review proceedings before the High Court. Now that those proceedings have been disposed of, the case of the person concerned can be further considered. Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.
499. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the road safety regulations gardaí must adhere to while transporting prisoners to prison; if he will confirm that these regulations are adhered to, considering the practice of transporting recently convicted prisoners from Donegal to Castlerea Prison, County Roscommon, in the back of a Garda van without a seat or seat belt. [40804/13]
View answerI have requested a report from the Garda authorities on the specific circumstances referred to by the Deputy and I will reply directly when the report is available.
500. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the reason over 38% of Garda summonses issued between January 2009 and December 2012 were not served (details supplied); and if he will make a statement on the matter. [40854/13]
View answerI have requested a detailed report from the Garda authorities on the issue raised. The Deputy will be aware that certain aspects of this issue are addressed in the recent report of the Comptroller and Auditor General insofar as they relate to the operation of the fixed charge notice system, including the circumstances in which it may not prove possible to serve a summons, and the Commissioner has accepted recommendations from the C&AG to improve its operation. As soon as I have a full report from the Garda authorities in relation to the question of service of summonses generally I will be in further contact with the Deputy.
501. Deputy Brian Walsh asked the Minister for Justice and Equality the position regarding the eligibility of a person (details supplied) in County Galway to apply for naturalisation; and if he will make a statement on the matter. [40932/13]
View answerOfficials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) of my Department inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question. Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must:
- be of full age
- be of good character
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years
- intend in good faith to continue to reside in the State after naturalisation
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship. Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. 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.
502. Deputy Robert Dowds asked the Minister for Justice and Equality his plans to introduce legislation to address human trafficking for the purposes of prostitution. [40970/13]
View answerThe Criminal Law (Human Trafficking) Act 2008 made it an offence to traffick a person for the purpose of sexual exploitation. The definition of sexual exploitation includes prostitution. A person found guilty of this offence is liable to life imprisonment.
503. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 1086 of 18 September 2013, if he will provide a breakdown of the number of defendants convicted under the Road Traffic Acts and the number of driving licences recorded in respect of these convictions for each month since May 2012 when the Courts Service introduced arrangements in summonses advising persons charged with an offence under the Road Traffic Acts to bring their driving licence and a photocopy of their licence with them when attending court. [40983/13]
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. In the reply to Parliamentary Question No. 1086 of 18 September 2013, I provided certain information requested for the months of March, April, May and June 2013 with comparative data provided for May, June and July 2012. I have asked the Courts Service to provide the additional information sought by the Deputy and I will write to him as soon as the details are available.
504. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding Garda vetting (details supplied); and if he will make a statement on the matter. [40987/13]
View answerI 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 and 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.
A 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.
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.
505. Deputy Charlie McConalogue asked the Minister for Justice and Equality the reason a Garda station (details supplied) in County Donegal is closed despite the fact that the station has not been listed for closure; and if he will make a statement on the matter. [40993/13]
View answer506. Deputy Charlie McConalogue asked the Minister for Justice and Equality his plans to re-open a Garda station (details supplied) in County Donegal; and if he will make a statement on the matter. [40994/13]
View answerI propose to take Questions Nos. 505 and 506 together.
The Deputy will be aware that the Commissioner's Policing Plan for 2013, which I laid before both Houses of the Oireachtas on 5th December 2012, sets out details of the closure of 100 Garda stations throughout the country, the future opening hours of other stations in Cork and Dublin and a number of District amalgamations. It is important to remember that while some Garda stations are listed for revised opening hours from 24 hour stations, they will remain as functioning Garda stations on a 24 hour basis. The full list of these details is available in the Policing Plan which is available in the Oireachtas Library.
Ramelton Garda station was not identified for closure in those plans and currently there are no proposals being prepared to close Ramelton Garda station. I have however been informed by the Garda Commissioner that circumstances of a temporary nature have necessitated augmenting the policing service provided to Ramelton with personnel from nearby stations. Arrangements have been made to have the station opened to the public periodically and the opening hours are posted at the station for the information of the public. I have been further informed by the Garda Commissioner that the public in Ramelton are advised via signs at the station to contact Milford in the event that a Garda Service is required, and phone callers to the station are automatically diverted to Milford Garda Station. A comprehensive policing service for Ramelton is provided from the nearby District Headquarters in Milford on a 24 hour basis. This service is supplemented by staff from the nearby sub-station in Rathmullen in addition to the resources available from the Divisional Traffic & Detective Units.
507. Deputy Pat Deering asked the Minister for Justice and Equality the current waiting time for Garda vetting applications to be processed; and if this will reduce over the next six months. [41020/13]
View answerBy way of background to the Deputy's question, I wish to advise that the number of vetting applications received by the Garda Central Vetting Unit (GCVU) each year has risen from 187,864 in 2007 to 327,903 in 2012 and it is expected that there will be upwards of 350,000 applications this year.
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%.
I am informed by the Garda authorities that the current average processing time for applications is now 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. Nevertheless this is a significant improvement on the processing time of 14 weeks which existed in July this year. In the interest of fairness and equity, Garda vetting applications are processed in chronological order based on the date of receipt in the GCVU and 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.
Development of an e-Vetting solution is also 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.
