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Tuesday, 15 Oct 2013

Written Answers Nos. 258-272

Family Reunification Applications

Questions (258)

Bernard Durkan

Question:

258. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 154 of 19 September 2013, the procedure to be followed by a person (details supplied) in Dublin 15 in respect of family reunification; and if he will make a statement on the matter. [43020/13]

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Written answers

I refer the Deputy to my previous answers to PQs No. 437 of 25 June 2013 and 154 of 19 September 2013. As I previously advised the Deputy, I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy as the guardian is not a refugee and is therefore not entitled to make a Family Reunification application on behalf of their nephew. It is, however, open to any person to make an application for immigration permission or for a visa to come to Ireland and to present the circumstances of their case. All applications are considered on their individual merits. However, granting family reunification in respect of a nephew would be very much an exception to the norm. The circumstances would therefore have to be exceptional and such that there is no other realistic option for the care of the nephew of the person concerned.

The Deputy may wish to note that 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.

Garda Expenditure

Questions (259)

Luke 'Ming' Flanagan

Question:

259. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality the costs of running the drug squad unit within An Garda Síochána; and if he will make a statement on the matter. [43070/13]

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Written answers

I am informed by the Garda authorities that the total expenditure, including salary costs, for the Garda National Drugs Unit in 2012 was €5,707,761.

As the Deputy will be aware, all Gardaí have a responsibility in the prevention and detection of criminal activity. Specifically in relation to drugs, 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, including the Organised Crime Unit, as well as the Criminal Assets Bureau in targeting persons involved in the illicit sale and supply of drugs.

Anti-Social Behaviour

Questions (260)

Finian McGrath

Question:

260. Deputy Finian McGrath asked the Minister for Justice and Equality if he will provide an update on the anti-social activity at a location (details supplied) in Dublin 3. [43131/13]

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Written answers

I am informed by the Garda authorities that the location referred to is within the Clontarf Garda Sub-District. I am also informed that local Gardaí are aware of residents' concerns and that the property referred to is receiving Garda attention.

Current policing plans in the area are designed to address issues of crime and public order offences and local Gardaí continue to work with relevant individuals and groups in this regard. Local Garda Management closely monitors patrols, and other operational strategies in place, in conjunction with crime trends and policing needs of the community in the area to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public.

Irish Prison Service

Questions (261)

Mattie McGrath

Question:

261. Deputy Mattie McGrath asked the Minister for Justice and Equality the total cost to the State of an investigation into an incidence of bullying within the Irish Prison Service (details supplied); if he will provide a breakdown of the costs; how the decision was made to commission a consultancy company to carry out the investigation; how the consultancy company that carried out the investigation was selected; the reason for the delay in finalising the investigation; and if he will make a statement on the matter. [43172/13]

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Written answers

I wish to advise the Deputy that there are legal proceedings pertaining to this case. In 2008, the Irish Prison Service made a decision that an independent formal investigation was required in this case. This is in line with the Service's 'Anti-Harassment, Sexual Harassment and Bullying Policy'. Accordingly, the Irish Prison Service engaged the services of an independent external investigator to conduct an investigation into an allegation of alleged bullying and harassment. In selecting the Investigator, another external investigator who provided similar services was also considered at the time.

There were a number of reasons for the lengthy period taken to complete it. These included the withdrawal from and subsequent re-engagement with the investigation by the parties, the non-availability of witnesses at certain times, issues regarding the disclosure of certain records by some of the parties, the necessity to seek legal advice on a number of occasions during the course of the investigation, and the making of new allegations at a late stage in the investigation which required further interviews to be carried out. I am advised by the Director General of the Irish Prison Service that the total cost of the investigation in question was in the region of €45,000. The costs include investigator fees, administrative and meeting expenses.

Temporary Release of Prisoners

Questions (262)

Pearse Doherty

Question:

262. Deputy Pearse Doherty asked the Minister for Justice and Equality if he will make provision for a prisoner (details supplied) on temporary release to sign on at their local Garda station. [43185/13]

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Written answers

The Irish Prison Service inform me that the person to whom the Deputy refers was approved for Reviewable Temporary Release from 1 October 2013. Prior to being granted temporary release, prisoners must agree that they will abide by certain conditions. If they fail to abide by the conditions, they risk being returned to custody.

As part of the temporary release conditions associated with this particular case, the individual concerned is required to report to their local Garda Station on a daily basis and with the prison on a weekly basis. It is considered by the Irish Prison Service that it is too early at this stage of the sentence to reduce the reporting conditions but this will be kept under review.

National Drugs Strategy Implementation

Questions (263)

Jack Wall

Question:

263. Deputy Jack Wall asked the Minister for Justice and Equality the meetings he has had since coming to office with the Department of Health and-or the Department of Education and Skills and the Garda Commissioner regarding the misuse of illicit substances; the effect of the sale and purchase of such on communities, families and so on; the results of such meetings, if any; his plans to provide specific extra drug units within Garda divisions; the plans he has to co-operate with other Departments and State agencies to deal with this serious matter; and if he will make a statement on the matter. [43189/13]

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Written answers

The problem of drug misuse remains one of the most complex social problems that we face. Our national response to the problem is set out in the National Drugs Strategy for the period 2009-2016. The Strategy adopts a comprehensive and pillar based approach to the issue, involving the implementation of a wide range of measures across the five pillars of drug supply reduction, prevention, treatment, rehabilitation and research. The Strategy is being led out under the stewardship of my colleague Minister of State at the Department of Health Mr. Alex White T.D., who under this remit liaises and meets with Ministerial colleagues, Departments and agencies as is required. The Deputy will appreciate that this is the appropriate forum for Departmental contacts of the kind which he mentions.

Under our institutional arrangements, the implementation of the Strategy is monitored by the Oversight Forum on Drugs. This Forum, which is chaired by Minister of State White, is made up of representatives of both State and non-governmental bodies, including the Departments of Health and Education and Skills and my own Department, reflecting the ongoing multi-agency and multi-sectoral approach in tackling this issue. I can assure the Deputy that my Department and its agencies continue to actively participate in all of the structures in place under the Strategy and will continue with the ongoing implementation of all actions assigned to the criminal justice sector under that Strategy.

With regard to drug law enforcement, I can assure the Deputy that I meet on a regular basis with the Garda Commissioner concerning law enforcement matters. Drug law enforcement remains a key priority area for the Government and for An Garda Síochána. This is clearly reflected in An Garda Síochána's Policing Plan for 2013 which highlights a strong focus in combating serious crime in all its forms, in particular organised crime and its close links with drug trafficking. Furthermore, An Garda Síochána is also involved in a range of collaborative work involving community interests including, for example, the work of the local and regional Drugs Task Forces, the work of the Joint Policing Committees and community initiatives such as the work being undertaken, in partnership with the Family Support Network organisation, in tackling the problem of intimidation associated with drug related debts.

Finally, with regard to the issue of additional drug units within Garda Divisions, this is an operational matter for the Garda Commissioner.

Garda Operations

Questions (264)

Róisín Shortall

Question:

264. Deputy Róisín Shortall asked the Minister for Justice and Equality if his attention has been drawn to ongoing public concerns regarding anti-social activity in Dublin city centre, particularly on weekend nights; the actions gardaí are taking to deal with the problems associated with public drunkenness, drug-dealing and other anti-social activity; the current status of Operation Stilts; if he will provide any data on the outcome of this operation; if he will provide details of Garda activity levels under Operation Stilts on a monthly basis for the past 12 months; and if he will seek assurances from the Garda Commissioner that the operation will continue at the same level throughout the year. [43212/13]

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Written answers

I can assure the Deputy that I am aware of the concerns referred to and that I am in regular contact with the Garda Commissioner about all aspects of policing and community safety with a view to ensuring that the streets of our cities and towns are safe for all. Policing in Dublin city centre is focused on targeting anti-social behaviour (particularly relating to excessive drinking), begging, theft and public order offences. A proactive approach is being applied with the emphasis being placed on known areas of anti-social behaviour and public order incidents. Measures are in place to address difficulties experienced by local residents and businesses including the designation of certain areas as hotspots for such criminality and with additional high-visibility patrols being directed by local Garda management.

A number of Garda Operations are being conducted in the North Inner City which actively combat the issue of anti-social behaviour. Operation Stilts utilises a high visibility presence to police identified areas including O'Connell Street, Marlborough Street, Talbot Street, North Earl St, Abbey St, Eden Quay, the Boardwalk, Wolfe Tone Street, Parnell Street and adjacent side streets to prevent and disrupt the activities of persons involved in anti-social behaviour and drug offences. In December 2012 the operation was further intensified by combining the use of uniformed high-visibility personnel and plain clothes personnel.

Operation Spire provides for a high visibility policing presence specifically on O'Connell Street at critical times to address anti-social behaviour, drug dealing and related crime through a robust regime of arrests, seizures, and by issuing anti-social behaviour orders. In this regard, Gardaí have made successful application for Orders from the District Court against a number of individuals, who have been banned from specific areas within the city centre.

The levels of activity and resources applied to particular Garda Operations fluctuate according to circumstances and these Operations are a part of the overall policing activity in the area. As such, a breakdown of the impact of the specific operations is not readily available but the relevant Central Statistics Office figures (Recorded Crime in the Dublin Metropolitan Region North Central Garda Division) indicate an overall downward trend in the range of offences typically associated with anti-social behaviour. More generally, local Garda management engage on an ongoing basis with a wide range of local businesses, community groups and other organisations with a view to addressing the many issues associated with policing a busy city centre with a vibrant night time economy. In particular, the Garda authorities participated in the multi-stakeholder Strategic Response Group (SRG) which published the report "A Better City for all" in June 2012. This Group set out a partnership approach to manage the provision of drug related services, and to address public substance misuse and associated anti-social behaviour in Dublin's city centre.

While the allocation of Garda resources to support Operation Stilts, or any other operation is, of course, a matter for the Garda Commissioner, he has assured me that local Garda management closely monitors the range of operational strategies in place, in conjunction with crime trends and policing needs of all who use the city centre, to ensure optimum use of resources, and that the best possible Garda service is provided to the public.

Citizenship Applications

Questions (265)

Jim Daly

Question:

265. Deputy Jim Daly asked the Minister for Justice and Equality the position regarding a citizenship application in respect of a person (details supplied) in County Cork which was submitted in January 2009; and if he will make a statement on the matter. [43269/13]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy. I considered the application in February, 2012 and decided to defer making a final decision in this case for 12 months. The person concerned was notified of this decision and the reason for it in a letter issued on 20 February, 2012.

Further investigations are ongoing in this case and it will be resubmitted to me for decision in due course. The Deputy will appreciate that the granting of Irish citizenship through naturalisation as provided for in law is 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.

The Deputy may wish to note that 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 established specifically 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.

Proposed Legislation

Questions (266)

Derek Nolan

Question:

266. Deputy Derek Nolan asked the Minister for Justice and Equality if he will indicate a timeframe within which the criminal justice (prevention of corruption) Bill 2012 will be introduced into Irish law; and if he will make a statement on the matter. [43276/13]

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Written answers

The Criminal Justice (Corruption) Bill is currently being drafted and it is hoped that the Bill will be ready for publication in the coming months.

Garda Divisional Headquarters

Questions (267)

Noel Grealish

Question:

267. Deputy Noel Grealish asked the Minister for Justice and Equality when construction work on the new Garda divisional headquarters in Renmore, Galway will receive the go ahead; and if he will make a statement on the matter. [43357/13]

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Written answers

The provision of a new Garda Divisional Headquarters in Galway was included in the special Government stimulus package announced in July 2012. It is intended that this project will be delivered by means of a Public Private Partnership and the necessary work involved is being undertaken by the relevant agencies. As the arrangements to be put in place for Public Private Partnerships are complex, it is not possible at this stage to indicate when the specific elements of the project will be completed. However, I can assure the Deputy that they are being treated as a priority.

Crime Levels

Questions (268)

Seán Kenny

Question:

268. Deputy Seán Kenny asked the Minister for Justice and Equality if he will seek a report from the Garda Commissioner regarding the increase in the number of house burglaries that have occurred in the Donaghmede area, Dublin 13 over the past several weeks; the additional steps gardaí will take to tackle same; and if he will make a statement on the matter. [43387/13]

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Written answers

I have raised the Deputy's concerns with the Garda authorities, who have informed me that, as part of the measures to tackle burglary under Operation Fiacla, Operation Acer is in force in the Dublin Metropolitan Region, including the Coolock Garda District which covers the Donaghmede area.

Operation Acer provides both a preventative and detection element and focuses on geographical areas and specific targets. It is an intelligence driven operation and, in the area in question, resources from Coolock assisted by Divisional Traffic Units and Divisional Crime Task Force Units conduct analysis led checkpoints and patrols to target specific areas and case manage targeted offenders. These targeted patrols and checkpoints are kept under review to ensure adjustments are made to maintain the effective focus of the operation. I am also informed that the impact of the Operation can be seen in Garda crime figures for the year to date in 2013 which show a decrease of 14% in the number of burglaries in the Coolock area when compared to the same period in 2012.

Operation Acer operates alongside ongoing community policing measures, including problem solving with the community and ongoing liaison with schools, businesses and households in providing crime prevention advice and assistance to victims of burglary. I am advised that local Garda management closely monitors the allocation of resources in the context of crime trends, policing needs and other operational strategies to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public.

Sex Offenders Notification Requirements

Questions (269)

Michael Healy-Rae

Question:

269. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the proposal he will bring forward in terms of informing the public of the whereabouts of convicted sex offenders where gardaí believe the criminal is a threat or a risk to the local community in which the or she is living; and if he will make a statement on the matter. [43494/13]

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Written answers

The Sex Offenders Act 2001 contains a comprehensive series of provisions aimed at protecting children and other persons. Part 2 of the Act makes persons convicted of a range of sexual offences subject to notification requirements. The provisions of the Act also extend to any offenders convicted abroad of the same range of sexual offences who enter the State. All offenders subject to the notification requirements are monitored by the Sex Offender Management and Intelligence Unit (SOMIU) at the Garda National Bureau of Criminal Investigation. The Unit is supported by Garda Inspectors nominated in each Garda Division throughout the State.

It is already possible, in exceptional circumstances such as an immediate risk to a persons safety and welfare, for Gardaí to provide appropriate information to the public. Currently, this is done on an administrative basis but, subject to Government approval, I intend to put these arrangements on a statutory footing in the forthcoming Sexual Offences Bill. I expect to bring legislative proposals to Government for approval in a matter of weeks. It is my intention to publish the General Scheme of the Sexual Offences Bill once my proposals have been considered by the Cabinet.

Garda Overtime

Questions (270)

Michael Healy-Rae

Question:

270. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the amount by which the Garda overtime bill has been cut in the past five years up to September 2013; if he will provide the figures per year for the past five years showing each individual year; and if he will make a statement on the matter. [43495/13]

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Written answers

The Garda overtime provision for 2013 is Euro 39.66 million and the position in relation to this area of expenditure over the last five years is set out in the following table.

Year

Expenditure

2008

€115.3 million

2009

€79.5 million

2010

€78.2 million

2011

€80.9 million

2012

€42.4 million

While expenditure on Garda overtime has been reducing as part of the necessary reduction in public expenditure, a number of additional factors must be taken into account. In particular, there have been significant changes in Garda practices which have reduced the need for Garda overtime in recent years. In this context, a new roster for members of the Garda Síochána has been introduced. The outcome of the new roster is to match the varying policing demands across the country with the availability of resources. The new roster is more flexible and it results in having more Gardaí on duty when the demand is greater. It also enables Garda management to make more efficient use of available resources generally, with the result that the amount of overtime required to be worked by Garda members is reduced.

In addition, the Haddington Road Agreement provides two specific measures which impact on the demand for overtime. Firstly, voluntary Garda overtime will be worked at a reduced rate of time and one quarter rather than time and a half and, secondly, each Garda, Sergeant and Inspector will work an additional 3 days each year in the period 2013 - 2015, providing almost 400,000 additional policing hours to the Commissioner which, in turn, contribute towards reducing Garda overtime expenditure.

More generally, Garda management, as part of the efficiency drive which must continue right across the public service, are keeping under continuing review the scope for measures, whether through better deployment or otherwise, which have the potential to reduce the need for overtime. The priority will remain the deployment of the maximum number of Gardaí on frontline operational duties, and indeed the crime statistics published by the Central Statistics Office reflect the excellent work being done by the Garda Síochána in this regard.

Garda Training

Questions (271)

Michelle Mulherin

Question:

271. Deputy Michelle Mulherin asked the Minister for Justice and Equality if his plans to reopen Templemore College will be prioritised so that recruitment and training of new gardaí may recommence; and if he will make a statement on the matter. [43510/13]

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Written answers

The Deputy will be aware that a recruitment competition is to commence in the very near future and it is expected that the first batch of new recruits will enter the Garda college in mid 2014. Even apart from this, I can assure the Deputy that Templemore Garda College is and has been fully open as the main training centre for the Garda Síochána. The Chief Superintendent in charge of the College, and the members of the team there, develop, coordinate and direct all training interventions up to the most senior ranks. The College provides operationally focused training across a range of areas including firearms training, driver training, public order training, operational skills programmes, management development programmes and of course Garda Reserve training.

Training is provided in the College for over 5,000 members of the Garda Síochána annually and I can confirm that the College will continue to provide a centre of excellence for training for the Garda Síochána.

Garda Vetting Applications

Questions (272)

Thomas P. Broughan

Question:

272. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the current average waiting time for an application for Garda vetting to be decided; if it is planned to take steps to expedite the process by, for example, moving to an online system; and if he will make a statement on the matter. [43555/13]

View answer

Written answers

The Deputy may wish to note 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. 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. Nonetheless, this is a significant improvement on the processing time of 14 weeks which existed in July this year. This improvement reflects the fact that I have given this matter particular priority as it is essential that the GCVU has the resources required to perform this most critical of roles effectively and efficiently.

In that context, I have been actively engaged on this issue with my colleague the Minister for Public Expenditure and Reform. As a result of that engagement, I am pleased to say that the Garda Commissioner has confirmed to me that there are now 136 whole time equivalent staff 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, more than double that of the average allocation of 78 staff at the Unit over the past two and a half years.

The Deputy may also wish to note that the 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 during late 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.

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