Written Answers Nos. 218-230
218. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government if additional funding through a specific grant will be made available during 2014 to source and secure an additional water supply for the town of Killorglin; and if he will make a statement on the matter. [2171/14]
View answerWatermains rehabilitation was a key priority of the Water Services Investment Programme 2010 – 2013 which included the Kerry Watermains Rehabilitation Project valued at €18.79 million. Kerry County Council submitted a number of water conservation proposals to my Department and my Department approved funding for watermains rehabilitation works totalling €10.69 million. The approved funding of €10.69 million included the replacement of 9,250 metres of watermains in the Mid-Kerry Water Supply Scheme in the areas of Fossa West, Douglas, Shannera, Cappagh North, Gearha West, Gearha East (Bow Rd) , Cappagh South and Ballykissane.
My Department has received no proposals from Kerry County Council for funding to provide an alternative source for Killorglin. Since 1 January 2014, Irish Water is responsible for the delivery of water services capital infrastructure. Accordingly, any future proposals in respect of water services infrastructure in Kerry are a matter for that body.
219. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government if he will detail, in tabular form, the total photography costs for his Department since coming to office, inclusive of costs incurred from use of the ministerial allowance; the list of occasions for which photographers were booked; the photographers used; the breakdown of costs associated with each occasion that a photographer was used; if there is a policy regarding the booking of photographers within his Department; and if he will make a statement on the matter. [2175/14]
View answerThe information requested is being compiled and will be forwarded to the Deputy as soon as possible.
220. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the estimated number and percentage of civil servants who are competent to carry out their duties through the medium of Irish and English in his Department; his views on whether this number is adequate; his plans to increase this number and percentage; and if he will make a statement on the matter. [2628/14]
View answerThere are approximately 31 staff in my Department who are proficient to carry out their duties through the medium of Irish which equates to 4% of staff in the Department. I am satisfied that, at this time, my Department has sufficient numbers of staff proficient in the Irish language to allow it to fulfil its obligations under the Department’s Irish language scheme 2013-2016. As part of workforce planning, the situation will be monitored and reviewed on a regular basis. My Department provides staff with the opportunity to improve their Irish language skills by offering language training at a number of different levels.
221. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality if he will explain the discrepancy between the Irish treatment of Chinese nationals trying to secure permanent residency in Ireland versus the treatment of Irish people trying to enter and stay in China (details supplied); and if he will make a statement on the matter. [1876/14]
View answerThe Deputy’s assertions that the Irish Immigration system does not allow Chinese nationals to work or secure permanent residence in Ireland are untrue. In fact, in 2013 alone, approx 11,000 Chinese nationals were registered in the State in respect of that year. These persons are registered for the purposes of employment or study, to operate a business or as a dependant family member of an Irish or EEA national residing in the State. There are several channels open to non-EEA migrants of any nationality who wish to reside in Ireland. The Department of Jobs, Enterprise and Innovation operates the employment permit system which offers the opportunity of working in Ireland to those with specific skill sets or qualifications. The State is also actively promoting Ireland as an education destination for overseas students and there are over 30,000 non-EEA national students in Ireland at present. Non-EEA national students are entitled to work in Ireland during the course of their studies and, on qualification at degree level, may avail of the Irish Graduate Scheme – a post study pathway that can lead to permanent residence. In addition, my own Department operates schemes which facilitate investors and entrepreneurs in relocating to Ireland on a permanent basis.
The Deputy should also be aware that I have recently published a policy document on family reunification which comprehensively outlines Irish national policy in the area of non-EEA nationals joining their family members in Ireland. I would point out that, in common with family reunification policies in most jurisdictions, adult children are not regarded as dependents and are generally outside the definition of family members who are eligible to avail of family reunification programmes. However, that does not prohibit them from visiting family members or seeking residence in their own right, or indeed from making an application to have any special circumstances applicable to their case considered on their merits.
222. Deputy Niall Collins asked the Minister for Justice and Equality if he will detail, in tabular form, the total photography costs for his Department since coming to office, inclusive of costs incurred from use of the ministerial allowance; the list of occasions for which photographers were booked; the photographers used; the breakdown of costs associated with each occasion that a photographer was used; if there is a policy regarding the booking of photographers within his Department; and if he will make a statement on the matter. [1855/14]
View answerI can inform the Deputy that photographic services are only used by my Department to mark and provide a record of significant occasions. Consideration is given at all times to the costs involved and best value for money is always a priority when sourcing such services. The photography costs incurred by my Department and agencies under my remit from the date of my appointment on the 9th March 2011 to the 31st December 2013 are set out in tabular form.
|
Occasion |
Date |
Photographer |
Cost |
|
Appointment of Deputy Commissioner, Garda Síochana |
22nd March 2011 |
Maxwell Photography Ltd |
€500.34 |
|
Launch of the VISA Waiver Scheme |
30th June 2011 |
Maxwell Photography Ltd |
€607.42 |
|
Universal Design Award Ceremony - Tullamore Court Hotel |
4th November 2011 |
Harvey Rogers Photography |
€357.53 |
|
Minister Shatter and UK Immigration Minister Damien Green M.P. sign Joint Statement and accompanying Memorandum of Understanding on Visa Data Exchange (Common Travel) |
20th December 2011 |
Maxwell Photography Ltd |
€618.60 |
|
"How to elect more women ?" - conference in Dublin Castle |
20th January 2012 |
Maxwell Photography Ltd |
€762.29 |
|
Photography service used to mark the historic deployment of civilian immigration officers to Dublin Airport to replace Gardai. |
1st February 2012 |
Maxwell Photography Ltd |
€551.35 |
|
Launch of "Building for Everyone Project" in Radisson Blu Royal Hotel |
23rd February 2012 |
Jason Clarke Photography |
€584.25 |
|
"Regulatory Reform for a 21st century Legal Profession" - conference. |
6th July 2012 |
Maxwell Photography Ltd |
€276.75 |
|
Minister Shatter meets the Romanian President for Internal Affairs during the JHA meetings |
17th January 2013 |
Mac Innes Photography Ltd |
€344.51 |
|
Justice Home Affairs Event |
17th & 18th January 2013 |
Mac Innes Photography Ltd |
€50.18 |
|
E.U Presidency |
31st January 2013 |
Mac Innes Photography Ltd |
€200.40 |
|
E.U. Presidency |
28th February 2013 |
Mac Innes Photography Ltd |
€387.93 |
|
Website photographs for the newly appointed Garda Síochana Inspectorate Team. |
April 2013 |
Aidan Crawley Photographer |
€492 |
|
Official launch of Insolvency Service Ireland. |
18th April 2013 |
Maxwell Photography Ltd |
€826.56 |
|
EU Presidency - Conference in Dublin Castle entitled " Women's Economic Engagement in the Europe 2020 Agenda". |
29th & 30th April 2013 |
Mac Innes Photography Ltd |
€1,952.24 |
|
Bi-lateral meeting of EU and US delegates - Dublin Castle |
13th & 14th June 2013 |
Mac Innes Photography Ltd |
€1,106.37 |
|
Board Meeting of the Property Services Regulatory Authority |
18th July 2013 |
Sherwood Photography |
€164.82 |
|
Launch of "The Graffitti Bus" initiative |
25th July 2013 |
Maxwell Photography Ltd |
€361.62 |
|
€10,145.16 |
The Deputy may wish to note that questions concerning Ministerial allowances are solely a matter for the Oireachtas.
223. Deputy Niall Collins asked the Minister for Justice and Equality if he will detail, in tabular form, the use of external public relations firms employed by his Department since coming to office; the list of uses of the external public relations firm; his internal Department policy regarding employing external groups; and if he will make a statement on the matter. [1870/14]
View answerDuring the period in question, my Department has only used the services of external public relations firms to provide training to staff as follows:
|
Date |
Name of Company |
Services Provided |
Expenditure € |
|
2011 |
Carr Communications Limited |
Communications Training Module |
550.00 |
|
2013 |
Carr Communications Limited |
Training Courses |
3,275.00 |
It is my Department's policy to use in house resources as much as possible and to restrict the use of external groups to a minimum.
224. Deputy Patrick O'Donovan asked the Minister for Justice and Equality the position regarding a Garda clearance application in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [1924/14]
View answerI am informed by the Garda authorities that a vetting application on behalf of the individual referred to by the Deputy was processed by the Garda Central Vetting Unit (GCVU) and returned to the Authorised Signatory in FÁS on 10 December, 2013.
225. Deputy Heather Humphreys asked the Minister for Justice and Equality if he will provide an update on the Criminal Justice (Spent Convictions) Bill 2012; and if he will make a statement on the matter. [1927/14]
View answerThe Criminal Justice (Spent Convictions) Bill 2012 has passed Committee Stage in the Dáil, having passed all stages in the Seanad. However, before the Bill could be taken at Report Stage, 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.
226. Deputy Derek Nolan asked the Minister for Justice and Equality the measures the Office of the Refugee Applications Commissioner, the Refugee Appeals Tribunal, the Irish Naturalisation and Immigration Bureau and the Garda National Immigration Bureau have taken to ensure that their respective procedures are consistent with Regulation (EU) No 604/2013; and if S.I. 423/2003 has been repealed. [1931/14]
View answer227. Deputy Derek Nolan asked the Minister for Justice and Equality if the office of the refugee applications centre are now conducting interviews of persons liable for transfer; what is the scope of an appeal to the Refugee Appeals Tribunal against the decision to transfer a person; if it includes both the examination of the application of the regulation and of the legal and factual situation in the member state to which the applicant is being transferred; if the appeal has suspensive effect; and if he will make a statement on the matter. [1938/14]
View answerI propose to take Questions Nos. 226 and 227 together.
Regulation (EU) No 604/2013 was adopted in June 2013 and applies to applications for international protection lodged as from 1 January 2014. This Regulation is generally referred to as the Dublin Regulation and establishes the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person. The Regulation adopted in June 2013 is a recast of an earlier Regulation adopted in February 2003.
In accordance with Article 288 of the Treaty on the Functioning of the European Union the Regulation has general application and is binding in its entirety and directly applicable in all Member States including, in this case, Ireland.
The operation in Ireland of the Dublin Regulation is supported by the Refugee Act 1996 (Section 22) Order 2003 (S.I. No. 423 of 2003). This Order deals primarily with the functions of the Refugee Applications Commissioner, the Refugee Appeals Tribunal and my Department in relation to the operation of the Dublin Regulation in Ireland.
Consultations between my Department and the Office of the Attorney General are ongoing in relation to changes to the national regulatory framework to facilitate the smooth operation in Ireland of the recast Dublin Regulation. It appears that the most likely outcome of these consultations is that it will be necessary to amend or replace the Order made under section 22 of the Refugee Act. In the meantime, my Department is aware of the need to ensure that the Order is operated in a way which gives effect to the recast Dublin Regulation.
228. Deputy Simon Harris asked the Minister for Justice and Equality the number of quangos, State agencies or organisations under the remit of his Department that have been merged, reformed or abolished since 2011; the details of each of these measures in tabular form; the cost saving or service delivery improvement which has resulted; how many more he expects to be merged, reformed or abolished and the timeline for same; if he will provide a full list of all agencies and organisations under his remit; and if he will make a statement on the matter. [1981/14]
View answerI wish to inform the Deputy that my Department does not have responsibility for, or create, quasi autonomous NGOs. The usual acronym for such bodies is the term "quango" which stands for "quasi-autonomous non-governmental organisations". As the Deputy is asking whether my Department has any such bodies under its remit I can answer that there are no quasi autonomous NGO’s which fall under the remit of my Department.
The details (since 2011) of the merger, reform or abolition of agencies under the remit of my Department is outlined below:
Legal Aid Board
Responsibility for the administration of three ad-hoc Criminal Legal Aid Schemes was transferred to the Legal Aid Board.
Garda Station Legal Advice Scheme
The Scheme provides that where a person is detained in a Garda station for the purpose of the investigation of an offence and s/he has a legal entitlement to consult with a solicitor and the person's means are insufficient to enable him/her to pay for such consultation, such consultations with solicitors will be paid for by the State. Responsibility for the administration of the Scheme was transferred to the Legal Aid Board on 1 October 2011.
Legal Aid Custody Issues Scheme
This Scheme provides payment for legal representation in the High Court and the Supreme Court for certain types of cases not covered by civil legal aid or the Criminal Legal Aid Scheme namely (i) Habeas Corpus Applications, (ii) Supreme Court Bail Motions, (iii) Judicial Reviews, (iv) Extradition Applications and European Arrest Warrants and (v) High Court Bail Motions. Responsibility for the administration of the Scheme was transferred to the Legal Aid Board on 1 June 2012.
Criminal Assets Bureau Legal Aid Scheme
The Scheme is applicable to persons who are respondents and/or defendants in any court proceedings brought by, or in the name of, the Criminal Assets Bureau including court proceedings under the Proceeds of Crime Act 1996, the Revenue Acts or the Social Welfare Acts and applications made by the Director of Public Prosecutions under Section 39 of the Criminal Justice Act 1994. Responsibility for the administration of the Scheme was transferred to the Legal Aid Board on 1 January 2014.
It is proposed that the administration of the main Criminal Legal Aid Scheme will be transferred to the Legal Aid Board on foot of new legislation which is currently being drafted. This move will be in keeping with the international model for the delivery of legal aid and advice services and will achieve a more dedicated focus to the management and delivery of Criminal Legal Aid. It would be premature at present to commit to a date for the transfer of the scheme.
In addition, the Board took on responsibility for the Family Mediation Service in November 2011 which had been under the auspices of the Family Support Agency up to that point. A key reason for this transferring was to improve the synergies between the State funded family mediation services and the State funded civil legal aid services (most of the demand for legal services is in the area of family law). Improving the synergies will be for the benefit of the customer and will help move away from a ‘litigation first’ approach that may on occasion be too common. Already there are very positive signs from a pilot initiative operating in Dolphin House (where the Dublin District Family Court sits) involving the co-location of the courts and a mediation service with a legal service. Similar initiatives have now been introduced in Cork and Naas and are being evaluated.
Garda Síochána Ombudsman Commission
The Garda Síochána Act 2005 allowed for the establishment of the Garda Síochána Ombudsman Commission to replace the Garda Síochána Complaints Board and the Garda Síochána Complaints Appeal Board.
The current status of the Complaints Board is that the final case against it was struck out by the Supreme Court on 29 November 2013. The repeal of the Garda Síochána (Complaints) Act 1986 will automatically dissolve the Garda Síochána Complaints Board and the separate Appeal Board.
The Board is made up of a Chairperson and 8 members appointed in 2012 for a five year term as it was necessary to have a Board in existence until any outstanding cases had concluded. The members do not receive any fees and their term of office will automatically cease when the Garda Síochána (Complaints) Act 1986 is repealed.
The Appeal Board is made up of a Chairperson, who must be a Judge of the Circuit Court, and two ordinary members. Their term of office expired on 16 December, 2013. No membership fee is paid to the members of the Appeal Board. The two ordinary members received a payment for each sitting of the Board. As there are no longer any cases involving the Complaints Board, the appeal function is not required and no issue arises with the expiry of the term of office.
Merger of the Valuation Office, the Property Registration Authority and Ordnance Survey Ireland
The CEO Designate of the merged body, who acts as Project Manager for the merger, has been appointed from 1 July 2013. A Project Board, comprising senior representatives of the three Departments concerned as well as the CEO's of the three Agencies, is overseeing the merger. It is anticipated that Ministerial responsibility for the Valuation Office and Ordnance Survey Ireland will be transferred to the Minister for Justice and Equality early in 2014. In addition, it is planned to bring a General Scheme of a Bill to Government for approval to draft by mid-2014.
The merger of the Valuation Office, Ordnance Survey Ireland and the Property Registration Authority provides an opportunity for more efficient and cost-effective delivery of land, spatial data and property administration services. Savings in the short to medium term are anticipated from the consolidation of common back office functions such as Human Resources, conventional ICT systems, Financial Management and a potential reduction in the cost of accommodation and software licensing. In the longer term, more efficiencies/synergies may be achievable in operational areas and through the exploitation, including where possible commercialisation, of combined data sets.
The Human Rights Commission and the Equality Authority
The Human Rights Commission and the Equality Authority are in the process of merging to form a new enhanced Irish Human Rights and Equality Commission (IHREC) to promote human rights and equality issues in an efficient effective and coherent way. The draft legislation is at a very advanced stage and I expect to publish this Bill shortly.
I might also mention that the Equality Tribunal now falls under the aegis of the Department Jobs, Enterprise and Innovation with effect 1st January, 2013, and is in the process of being merged with the Labour Relations Commission, the Employment Appeals Tribunal and the National Employment Rights Authority to form a single Workplace Relations Service.
In the context of the Deputy's question, State Agencies is taken to refer to statutory independent bodies, often (but not exclusively), with a Board which has a governance oversight responsibility for an organisation. In this regard I have detailed below the sixteen agencies under my remit:
- An Garda Síochána;
- Courts Service;
- Equality Authority and Human Rights Commission (to be merged);
- Garda Síochána Ombudsman Commission;
- Irish Film Classification Office;
- Insolvency Service of Ireland;
- Legal Aid Board;
- Mental Health (Criminal Law) Review Board;
- National Disability Authority;
- Office of the Data Protection Commissioner;
- Office of the Inspector of Prisons;
- Office of the Refugee Applications Commissioner;
- Private Security Authority;
- Property Registration Authority (to be merged with the Ordnance Survey Ireland (OSi) and Valuation Office);
- Property Services Regulatory Authority;
- Refugee Appeals Tribunal
229. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of republican prisoners being held at present in prisons here; the number of same that are serving sentences and the number on remand; the length of remand in each case; and if he will make a statement on the matter. [1993/14]
View answerI can inform the Deputy that as of Monday 10th January, there were a total of 62 subversive prisoners in custody in the prison estate. There are 14 prisoners awaiting trial, the remaining 48 prisoners have been sentenced.
The table outlines the length of time each of these 14 prisoners have been in custody.
|
Case |
Date committed for trial |
Length of time in custody |
|
1 |
29.11.12 |
14 months |
|
2 |
07.12.12 |
13 months |
|
3. |
05.07.13 |
6 months |
|
4. |
05.07.13 |
6 months |
|
5. |
25.02.13 |
11 months |
|
6. |
09.03.13 |
10 months |
|
7. |
20.12.12 |
13 months |
|
8. |
09.03.13 |
10 months |
|
9. |
09.03.13 |
10 months |
|
10. |
05.07.13 |
6 months |
|
11. |
05.07.13 |
6 months |
|
12. |
18.10.13 |
3 months |
|
13. |
05.07.13 |
6 months |
|
14. |
10.09.13 |
4 months |
Subversive prisoners are located in the maximum security Portlaoise Prison which, in addition to the usual perimeter security, has an armed military presence. My officials closely monitor this category of prisoner to ensure good order and security in Portlaoise Prison and also in the context of the individual prisoners sentence management.
230. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding an investigation into the death of a person (details supplied) in Dublin 17; and if he will make a statement on the matter. [1998/14]
View answerI am informed by the Garda authorities that investigations by An Garda Síochána into the matter referred to by the Deputy are ongoing. The Deputy will appreciate that, as the matter is under investigation, it would not be appropriate for me to comment further at this time.
