Written Answers Nos. 566-581
566. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the number of persons granted the recovery and reflection period as victims of trafficking under his Department's administrative arrangements for the years 2012 and 2013; and if he will make a statement on the matter. [1094/14]
View answerA period of Recovery and Reflection for Victims of Human Trafficking is provided for under the Administrative Immigration Arrangements for the Protection of Victims of Trafficking. Under these Administrative Immigration Arrangements persons who have been identified by a member of the Garda Síochána not below the rank of Superintendent in the Garda National Immigration Bureau as a suspected victim of human trafficking may be granted a permission to remain lawfully in the State for a period of 60 days (a ‘recovery and reflection period’). The purpose of the recovery and reflection period is to allow the person:
a) time to recover from the alleged trafficking, and
b) to escape the influence of the alleged perpetrators of the alleged trafficking
so that he or she can take an informed decision as to whether to assist Gardaí or other relevant authorities in relation to any investigation or prosecution arising in relation to the alleged trafficking.
Temporary residence permissions for victims of human trafficking are also provided for under these Administrative Immigration Arrangements and may be granted to suspected victims of human trafficking either during or after the period of Recovery and Reflection to allow them to continue to cooperate with An Garda Síochána. These temporary residence permissions are valid for a period of six months and may be renewed. No suspected victim of human trafficking identified in 2012 required the period of Recovery and Reflection. Three persons were granted six months temporary residence permission under the Administrative Immigration Arrangements. Two suspected victims of human trafficking were granted a period of Recovery and Reflection in 2013 and a further two persons were granted six months temporary residence permission under the Administrative Immigration Arrangements.
For the purposes of clarity I wish to inform the Deputy that the Administrative Immigration Arrangements for the Protection of Victims of Trafficking only apply in circumstances in which persons have no legal basis to remain in the State. The vast majority of persons identified as suspected victims of human trafficking in Ireland are already holders of valid immigration permissions and therefore do not require the permissions provided for in the Administrative Immigration Arrangements.
567. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if, in view of the decision to arm some members of An Garda Síochána with pistols, he is considering reissuing detectives and other gardaí with Uzi submachine guns, which they had in the past and which were taken away from them during this Government's term; and if he will make a statement on the matter. [1103/14]
View answerAs the Deputy will be aware, the specific arrangements made by An Garda Síochána in relation to firearms are, as operational matters, dealt with by the Garda Commissioner. In that area the Commissioner determines the appropriate measures to be put in place, including the specific firearms to be deployed, without reference to either myself or my Department. I understand from the Garda authorities that the Uzi sub-machine gun was withdrawn from general service in An Garda Síochána in 2012. This was done in the light of overall operational arrangements made in respect of the armed capability of the Force. In view of the nature of the functions involved, it would not be appropriate to comment in detail on how the relevant Garda resources are deployed. However, the Garda authorities are satisfied that the current arrangements in place meet their operational requirements.
568. Deputy Simon Harris asked the Minister for Justice and Equality the number of gardaí in a county (details supplied); if he will provide breakdown in tabular form of the numbers by station and Garda rank or role; and if he will make a statement on the matter. [1114/14]
View answer570. Deputy Simon Harris asked the Minister for Justice and Equality the number of Garda reserve members in a county (details supplied); the stations to which they are assigned; and if he will make a statement on the matter. [1116/14]
View answerI propose to take Questions Nos. 568 and 570 together.
As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts, the various Garda national units and of course Garda Headquarters. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources. I have however been informed by the Garda Commissioner that the personnel strengths, broken down by Garda rank, Garda Reserves and civilians, of each Garda Station in Wicklow Garda Division on 30 November 2013, the latest date for which figures are readily available, are set out in the following table.
|
Wicklow |
Gda |
Sgt |
Insp |
Supt |
C/Supt |
Reserve |
Civilian |
|
Baltinglass |
28 |
4 |
1 |
1 |
- |
3 |
4 |
|
Blessington |
18 |
3 |
- |
- |
- |
4 |
1 |
|
Carnew |
3 |
1 |
- |
- |
- |
- |
- |
|
Dunlavin |
2 |
- |
- |
- |
- |
- |
- |
|
Shillelagh |
1 |
- |
- |
- |
- |
- |
- |
|
Tinahely |
2 |
- |
- |
- |
- |
- |
- |
|
Bray |
100 |
16 |
4 |
1 |
1 |
8 |
8 |
|
Enniskerry |
4 |
1 |
- |
- |
- |
- |
- |
|
Greystones |
31 |
3 |
- |
- |
- |
4 |
- |
|
Newtownmountkennedy |
3 |
1 |
- |
- |
- |
- |
- |
|
Arklow |
29 |
5 |
1 |
- |
- |
11 |
2 |
|
Ashford |
5 |
2 |
- |
- |
- |
- |
1 |
|
Aughrim |
2 |
- |
- |
- |
- |
- |
- |
|
Avoca |
2 |
- |
- |
- |
- |
- |
- |
|
Rathdrum |
3 |
1 |
- |
- |
- |
- |
- |
|
Roundwood |
3 |
1 |
- |
- |
- |
- |
- |
|
Wicklow |
39 |
5 |
1 |
1 |
- |
9 |
5 |
|
Total |
275 |
43 |
7 |
3 |
1 |
39 |
22 |
569. Deputy Simon Harris asked the Minister for Justice and Equality the number of Garda vehicles in a county (details supplied); if he will provide a breakdown in tabular form of the type of vehicle and to which station or stations each vehicle is assigned; and if he will make a statement on the matter. [1115/14]
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. Responsibility for the efficient deployment of Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations, as required by operational circumstances. The Deputy will appreciate that a degree of flexibility in allocating and re-allocating vehicles among stations, so as to best match the allocation of resources with policing priorities, is essential to the efficient management of the Garda fleet. As a consequence it is not fully practicable to provide a breakdown of Garda vehicles by individual station. However, I am informed that there are currently 51 vehicles allocated to the Wicklow Division. A breakdown of vehicles by District is set out in the following table:
|
District |
Type of Vehicle |
Total |
|
Baltinglass |
8 cars/3 other vehicles |
11 |
|
Bray |
19 cars/6 other vehicles |
25 |
|
Wicklow |
11 cars/4 other vehicles |
15 |
|
- |
- |
51 |
I am conscious of the continuing pressures on the Garda fleet and, in that regard, the Deputy will be aware that I recently secured a further €9m for investment in the fleet. This investment resulted in the purchase of 305 new Garda vehicles towards the end of 2013, at a cost of €5 million. These were in addition to the 133 new Garda vehicles which had already been procured during the year. The remaining €4 million has been made available for the purchase and fit out of Garda vehicles in 2014. The most recent investment will bring to €18m the total amount spent on the Garda fleet for the three years 2012 to 2014. This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to deliver an effective and efficient policing service.
572. Deputy Michael Healy-Rae asked the Minister for Justice and Equality further to Parliamentary Question No. 158 of 20 November 2013, if the Garda has reopened the file on the case in question (details supplied); and if he will make a statement on the matter. [1124/14]
View answerI refer the Deputy to my reply to him in Parliamentary Question No. 363 of 10 December 2013. I am advised by the Garda authorities that the position remains as set out in that response as follows:
I am informed by the Garda authorities that the incident referred to by the Deputy was fully investigated by An Garda Síochána.
I am further informed that this investigation led to the prosecution of 6 people, five of whom pleaded guilty on 27 September 2013 to an offence contrary to Section 4 of the Public Order Act 1994 and were ordered to pay €300 each to a charity and made subject to the provisions of section 1(1) of the Probation of Offenders Act. A sixth person failed to appear before the court and a bench warrant has been issued for his arrest.
The Deputy will appreciate I have no role in relation to the prosecution or trial of offences, or with respect to judicial determinations in individual cases."
573. Deputy Finian McGrath asked the Minister for Justice and Equality if his attention has been drawn to the fact that some insurance companies (details supplied) will not take on customers who committed minor traffic offences in the past; and the way this fits in with the Criminal Justice (Spent Convictions) Bill. [1158/14]
View answer584. Deputy Finian McGrath asked the Minister for Justice and Equality the date on which the Criminal Justice (Spent Convictions) Bill 2013 will be enacted. [1334/14]
View answerI propose to take Questions Nos. 573 and 584 together.
The Criminal Justice (Spent Convictions) Bill 2012 provides generally that a person may not be required to disclose a conviction that is spent under the Bill. In the context of insurance, the only exception is where the conviction is in respect of fraud, deceit or dishonesty in relation to an insurance claim. With regard to the enactment of the Bill, I have previously explained that a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and in the Spent Convictions Bill. That review has now been completed and I expect that it will be possible to complete the passage of the Bill in the first half of this year.
574. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding the case of a person (details supplied) in Dublin 9. [1159/14]
View answerI am informed by the Garda authorities that the area referred to is within the Raheny Garda District. Local Garda management is aware of the matter referred to by the Deputy. I am further informed that a Community Garda is in regular contact with those involved in this matter and that the local District Officer has informed the Deputy that there is ongoing Garda liaison with the parties involved. I am sure the Deputy will appreciate that it would not be appropriate for Garda management, or for myself as Minister, to comment on the detail of individual cases.
575. Deputy Timmy Dooley asked the Minister for Justice and Equality when the Garda unit established in 2009 to examine the cause of road deaths will report; and if he will make a statement on the matter. [1166/14]
View answerI am informed by the Garda authorities that An Garda Síochána is not aware of any specific Garda unit established in 2009 to examine and report on the cause of road fatalities. However, as the Deputy may be aware, Garda Forensic Collision Investigators attend the scene of every fatal collision, and every collision where information indicates that there is a likelihood of a fatality resulting from that collision, and their analysis forms part of the Garda investigation into that collision.
576. Deputy Pearse Doherty asked the Minister for Justice and Equality the conditions an applicant for a licence under the gambling control Bill will have to satisfy; and if findings of criminal infringements by the applicant in other jurisdictions will be considered relevant in the granting of a licence. [1192/14]
View answerThe Gambling Control Bill, when enacted, will establish a single licensing authority for gambling, namely the Minister for Justice and Equality. It will also contain details of the procedures to be applied to the processing of applications for licences. I hope to publish the Bill in the autumn but meanwhile, details on the procedures and processes involved are already available in the general scheme of the Bill (which is available on my Department's website).
I will begin by setting out some general principles. Only those forms of gambling permitted by the new Act may be carried on. In addition, where the gambling is of a type that is permitted, it may be carried on only if conducted under and in conformity with a licence. Each licence will be accompanied by terms and conditions designed to protect consumers and to prevent criminal activity. The onus is on the applicants to fulfil the requirements of the legislation but the regulator will also be required to carry out extensive and detailed consideration of applications. Heads 29 to 39 contain all the major requirements to be met by applicants for licences. It is essential that the public has confidence in the licensing system and that it is satisfied about the integrity and bona fides of licence holders.
Head 4 reflects this requirement, it sets out the primary purposes to be served by the new Bill. Among them is the need to ensure gambling is not used by or for criminal purposes. Head 32 reflects the issues I have just mentioned. Each applicant for a licence must declare any convictions either in the State or elsewhere. Failure to disclose a conviction may lead to an application being refused. It may also result in the withdrawal of a licence issued to an applicant whose failure to disclose is established only after the licence has been granted. There will be provision for the Minister to specify certain offences that, due to their relevance and nature, must be declared in all cases where applications are being submitted.
All applicants must, of course, be treated fairly. I am sure the Deputy will agree that it would be unreasonable to provide that the mere fact of a conviction would debar anyone from ever holding a licence. Heads 32(4) and 34(3) therefore set criteria for the evaluation of convictions. The offence involved will be evaluated by its gravity and relevance to the preservation of the integrity of the licensing system.
Finally, I must draw attention to Head 12. It is of critical importance as it provides for enhanced cooperation arrangements at international level between regulators. These arrangements will facilitate contacts and exchanges of information (including records of convictions) between our authorities and their counterparts abroad. They will allow for independent verification of the applicant's status and of the information he / she has supplied or has failed to supply. I believe my proposals will serve the public interest and will contribute to the protection of consumers.
577. Deputy Terence Flanagan asked the Minister for Justice and Equality the legislation governing the travel documents required for travel within the common travel area; the legislation that would need to be amended to ensure all transport operators, whether on land, air, road, rail or sea, operate on the same basis for travel documentation, ensuring none requires a passport; if it is possible within Irish legislation to ensure these standards are operated by companies based and operating in this jurisdiction; and if he will make a statement on the matter. [1204/14]
View answerSection 11 of the Immigration Act 2004, as amended by section 34 of the Civil Law (Miscellaneous Provisions) Act 2011, requires every person landing in the State to be in possession of a valid passport or equivalent travel document which establishes their identity and nationality and to furnish their travel document to an Immigration Officer when requested to do so. However, subsection 4 of section 11, as amended, provides for an exemption from this requirement for EEA nationals travelling to or from destinations within the State, Great Britain or Northern Ireland. The exemption on travel documents provided for EEA nationals travelling within the Common Travel Area is only applicable to the requirements of Immigration Officers exercising their duties at the frontiers of the State. It is not a prohibition on any carrier involved in transporting people within the Common Travel Area from seeking appropriate confirmation of the identity of the passengers in question. The conditions regarding identity documents stipulated by carriers, and their reasons for those conditions, are a matter for the carriers concerned.
578. Deputy Terence Flanagan asked the Minister for Justice and Equality the number of Garda age identity cards that were issued on an annual basis in the years 2010 to 2013, inclusive; if there was a decline in the number issued in 2013 and, if so, the factors behind the decrease; the long-term plan for Garda age identity cards in view of a card-style driving licence being issued by the Road Safety Authority in 2013; and if he will make a statement on the matter. [1205/14]
View answerThe Garda Age Card is a voluntary proof of age card which may be issued to persons aged 18 years and over under the Intoxicating Liquor Act 1988 (Age Card) Regulations 2010. The purpose of the card is to verify a person's age in relation to the sale of alcohol and it may also be used in relation to the sale of tobacco as provided in section 45 of the Public Health (Tobacco) Act 2002. The card is not designed to function as an identity card for other purposes. Anyone aged 18 years and over may apply for an Age Card on-line at www.agecard.ie. I am informed by the Garda authorities that the following table contains the number of Garda Age Cards issued from 2010 to 2013. The figures show that there was an increase of 2,528 (5%) in the number of cards issued in 2013.
|
Year |
Number of Cards Issued |
|
2013 |
50,153 |
|
2012 |
47,625 |
|
2011 |
41,054 |
|
2010 |
39,952 |
An Garda Síochána is the issuing authority in relation to Age Cards. I have received no request from the Garda authorities to amend the existing regulations and I am satisfied that the Age Card continues to serve its designated function.
579. Deputy Terence Flanagan asked the Minister for Justice and Equality Ireland's current position on the United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; and if he will make a statement on the matter. [1217/14]
View answerThe Deputy may be aware that Ireland like all other EU Member States has not yet signed or ratified the Convention in question. A key issue is that a significant portion of this UN Convention does not distinguish between legal and illegal, or documented and undocumented migrants. In effect the Convention obliges countries to provide entitlements to workers about whom they have no information and who have entered a state illegally, and its provisions for combating illegal immigration, which effectively amount to only one article, are largely untested.
My Department is also mindful of the common travel arrangements with the UK and Ireland's position within the EU. In respect of the Common Travel Area, we would have serious concerns about entering into a largely untested international migration treaty which could have possible negative effects on illegal immigration flows between the two jurisdictions. Similarly we could not conceivably enter into a migration treaty to which none of our EU partners are party. Such an action may prejudice our position on participation in future EU migration policy initiatives, in particular those which may deal with illegal immigration.
580. Deputy Terence Flanagan asked the Minister for Justice and Equality Ireland's involvement with the European Agency for the Management of Operational Co-operation at the External Borders of the Member States of the European Union; the person who represents Ireland in Warsaw, Poland, where the agency is based; if he will detail Ireland's operational element of this agency; and if he will make a statement on the matter. [1225/14]
View answerFRONTEX (European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union) is the European Union agency responsible for border security cooperation. While ultimate responsibility for the control of the external borders of the European Union lies with the Member States, the Agency strengthens border security by ensuring the proper coordination of Member States’ actions in implementing of EU lead initiatives (including legislative initiatives) and actions related to the management of the external borders. FRONTEX is headquartered in Warsaw and became operational for the first time in 2005. The Agency was established on the basis of Council Regulation (EC) 2007/2004 which was subsequently amended by Regulation (EC) 1168/2011.
Ireland, in common with the UK, is excluded from full participation in FRONTEX, because the legal base of the Regulation falls outside the scope of the provisions of the Schengen acquis in which we have applied to participate. However we can participate in operational activities co-ordinated by FRONTEX. Ireland agrees an annual programme of work with the Agency and makes an annual financial contribution (€250,000) in respect of these activities. We have participated in a range of operations, of which the most significant are joint return operations coordinated by FRONTEX and involving a number of Member States. In most cases the cost of such operations is partially or fully funded through the FRONTEX budget which more than compensates for the annual contribution. In view of Ireland's exclusion from the legal base of the Agency we are not members of the Management Board of the Agency. However, a senior representative of the Garda National Immigration Bureau attends Management Board meetings and members of the Bureau participate in joint operations etc. including joint return operations.
581. Deputy Tom Fleming asked the Minister for Justice and Equality the strength of the Kerry Garda division at the end of December 2013 regarding full Garda numbers, Garda reserve numbers and civilians; if he will also provide in tabular form the numbers in these categories for the years 2010 to 2012, inclusive; and if he will make a statement on the matter. [1295/14]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts, the various Garda national units and of course Garda Headquarters. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources. I have however been informed by the Garda Commissioner that the personnel strengths of full time Gardaí, Garda Reservists and civilians assigned to the Kerry Garda Division on 31 December 2010 to 2012 and on 30 November 2013, the latest date for which figures are readily available, are set out in the following table.
|
Kerry Division |
Garda |
Reserves |
Civilians |
|
2010 |
334 |
10 |
32 |
|
2011 |
314 |
22 |
32 |
|
2012 |
298 |
26 |
32 |
|
2013 |
297 |
35 |
32 |
