Written Answers Nos. 460-480
460. Deputy Billy Kelleher asked the Minister for Justice and Equality the progress the Government has made in implementing the recommendations of the Moriarty tribunal report; and if he will make a statement on the matter. [17801/14]
View answerInsofar as the report of the Moriarty Tribunal made recommendations concerning the future operation of tribunals of inquiry, many of these recommendations are anticipated by the Tribunals of Inquiry Bill 2005 which awaits Report Stage debate in the Dáil. Other recommendations are the subject of consultation with the Attorney General and other relevant Departments.
I am informed by the Garda authorities that, following their examination of the report of the Moriarty Tribunal, the advice of the Director of Public Prosecutions has been sought on the findings of that examination, with a view to determining whether or not a full Garda investigation should now be commenced. As this process is ongoing it would not be appropriate to comment in any further detail at this stage.
461. Deputy Eoghan Murphy asked the Minister for Justice and Equality if it is his intention that the open competition for the new Garda Commissioner will be conducted by the new independent policing authority; and if this authority will also appoint the new Commissioner. [17811/14]
View answerThe Government have decided that the next Commissioner of An Garda Síochána should be appointed following an open competition. The appointment of the Commissioner and the functions of the Authority will be considered by the newly established Cabinet Committee on Justice Reform and subsequently by the Government.
462. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if the request that he undertake a review of the evidence with respect to State responsibility in the matter of Bethany Home, with a view to establishing redress analogous or comparable to that for the victims of institutional residential abuse or that concerning the Magdalen laundries, has been made to his Department; if so, the date on which it was made; by whom that request was made; and to whom in his Department the request was directed. [18056/14]
View answer500. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he has received any communication from the Department of An Taoiseach or the Department of Education and Skills since 3 April 2014 with respect to the issue of a review of the evidence of State responsibility in the case of the Bethany Home; if he will undertake this review; the terms of the review and the timeframe within which he will report on the results; and where he intends to publish these results and any decision or decisions arising therefrom. [18054/14]
View answerI propose to take Questions Nos. 462 and 500 together.
The Taoiseach has forwarded to my office his response to you dated 4 April 2014 and I am aware of the comments made by the Minister for Education and Skills.
I have no plans to undertake a review of the matter in question and wrote to my colleague the Minister for Education and Skills seeking clarification in relation to the issue.
The Minister for Education and Skills has replied to me indicating that having reviewed the papers in 2011, and taking all the circumstances into account, he found no basis to revisit the decision of the previous Government not to include any further institutions within the Residential Institutions Redress Scheme. The position therefore remains as indicated by the Government's Statement of 23 July, 2013.
463. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review the decision to refuse residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [17297/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy has not contacted INIS to request a review of the decision which issued to her by letter on 25 March 2014.
As previously stated in my answers to Parliamentary Questions on 18 September 2012, 11 June 2013 and 18 September 2013, it appears this person arrived in the State in January 2007 and had permission to remain here under student conditions until 22 March 2013. The person concerned, being a student who commenced their studies after 31 December 2004, is subject to the conditions of the new regime for full time non-EEA students. This stipulates that non-EEA students may remain in the State for a maximum aggregate period of seven years, with three years permitted on language or non degree courses. A student is responsible for managing their studies to ensure compliance with this time limit.
As this person no longer has permission to be in the State as a student and has not shown an entitlement to remain on any other basis, INIS refused an application for an extension of residence permission. If the person referred to by the Deputy wishes to have this decision reviewed they should contact INIS outlining any facts not yet put to the decision makers.
Queries in relation to general immigration matters 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.
464. Deputy Gerry Adams asked the Minister for Justice and Equality if the independent examination of the report of the Garda serious crime review team relating to the death of Fr. Niall Molloy, by Dominic McGinn SC, will involve speaking to the family of Fr. Niall Molloy. [17299/14]
View answer465. Deputy Gerry Adams asked the Minister for Justice and Equality if the independent examination of the report of the Garda serious crime review team relating to the death of Fr. Niall Molloy will involve interviewing a journalist (details supplied) who has carried out extensive investigative work relating to this case. [17300/14]
View answer466. Deputy Gerry Adams asked the Minister for Justice and Equality if the independent examination of the report of the Garda serious crime review team relating to the death of Fr. Niall Molloy, by Dominic McGinn SC, will involve speaking to any witnesses who gave statements to the Garda serious crime review team. [17301/14]
View answer499. Deputy Denis Naughten asked the Minister for Justice and Equality if he will provide an update regarding the review of the Fr. Niall Molloy case; when he expects to receive the report on the review; and if he will make a statement on the matter. [18029/14]
View answerI propose to take Questions Nos. 464 to 466, inclusive, and 499 together.
As I have previously informed the House, Mr. Dominic McGinn, Senior Counsel, is at present carrying out an independent examination of the report of the Serious Crime Review Team relating to the Garda investigation into the death of Fr. Niall Molloy.
This independent examination will, in accordance with the terms of reference, comprise two main elements—
1. Counsel will examine what is a very detailed report that, for legal reasons, cannot be put into the public domain in its current form, and will prepare a report which can be put into the public domain on any issues of public interest which may arise from the report, and
2. Counsel will identify matters, if any, of significant public interest or concern that would warrant examination by a further inquiry and in respect of which such further inquiry would have a reasonable prospect of establishing the truth.
Accordingly, Mr. McGinn's terms of reference involve an examination of the Garda Serious Crime Review Team's report and not a new investigation or evidence gathering exercise. The Serious Crime Team report deals comprehensively with the issues of concern raised by the family and others as requiring further inquiry, including arising from detailed statements made to the Team by a representative of the family and the journalist referred to.
Mr. McGinn will be aware of these issues from his examination of the report and associated statements. A liaison officer has been appointed by An Garda Síochána to assist with any requests for clarification.
As I have previously stated, my priority is to allow the Senior Counsel to carry out the examination so that the maximum amount of information can be put into the public domain at the earliest possible date, at which point I will also of course fully consider the outcome of the examination concerning any further inquiry. While Mr. McGinn's terms of reference require that he complete this examination as soon as possible, it is not possible to provide a precise timescale in this regard. I expect, however, that his work is well advanced at this point.
467. Deputy Joe Carey asked the Minister for Justice and Equality when an application for citizenship will be finalised in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [17328/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour 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.
468. Deputy Niall Collins asked the Minister for Justice and Equality the total legal costs incurred by his Department in 2011, 2012, 2013 and estimated in 2014. [17360/14]
View answerI wish to inform the Deputy that in the time available to do so it has not been possible to obtain the information requested. I will forward the information to the Deputy as soon as it is to hand.
469. Deputy Niall Collins asked the Minister for Justice and Equality the total external public relations costs incurred by his Department in 2011, 2012, 2013 and estimated in 2014. [17376/14]
View answerIt 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.
During the period in question, my Department has only used the services of external public relations firms to provide training to staff, facilitation services at meetings and the preparation of a report.
|
Date |
Name of Company |
Services Provided |
Expenditure € |
|
2011 |
Carr Communications Limited |
Communications Training Module |
550 |
|
2013 |
Carr Communications Limited |
Training Courses |
3,275 |
|
2014 |
The Communications Clinic |
Meeting Facilitation |
1,374 |
470. Deputy Brendan Griffin asked the Minister for Justice and Equality if an application to register a property (details supplied) in County Kerry has been lodged with the Land Registry; and if he will make a statement on the matter. [17393/14]
View answerI can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions. The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round.
I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.
471. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will examine the need for extra resources to be provided to An Garda Síochána to police a growing town (details supplied) in County Dublin; if he will ensure that there are extra resources provided to ensure a greater garda presence on the beat in the town and surrounding housing estates to prevent petty crime, including break-ins, speeding and drug dealing; and if he will ensure that there are extra resources available for community policing in the area. [17408/14]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. 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 strength of Swords Garda Station on 28 February 2014, the latest date for which figures are readily available, was 74. There are also 10 Garda Reserves and 2 Civilians attached to the Station.
The Deputy will be aware that all Gardaí have responsibility, inter alia, to deal with community policing issues as and when they arise. Community policing is the underpinning philosophy and ethos through which An Garda Síochána delivers a service across the country. In that context, I have been informed by the Garda Commissioner that there are 13 Gardaí specifically assigned to community policing duties in the Swords Garda station. This number includes two dedicated Sergeants who monitor the situation to ensure all community commitments are met.
Resources are further augmented, where necessary, by a number of Garda National Units such as the Garda National Drugs Unit (GNDU), the National Bureau of Criminal Investigation (NBCI), the Criminal Assets Bureau (CAB) and other specialised units.
472. Deputy Finian McGrath asked the Minister for Justice and Equality the number of explicit notifications he has received under section 41 of the Garda Síochána Act over the past three years. [17430/14]
View answerSection 41 of the Garda Síochána Act 2005 requires the Garda Commissioner to keep the Minister and the Secretary General informed of a range of matter under four categories, namely, (i) significant developments concerning the preservation of peace and public order in the State, the protection of life and property in the State, and the protection of the security of the State; (ii) significant developments that might reasonably be expected to affect adversely public confidence in the Garda Síochána; (iii) matters relevant to the accountability of the Government to the Houses of the Oireachtas; and (iv) any other matters that, in the Commissioner's opinion, should be brought to the Minister's attention.
The purpose and effect of section 41, therefore, is to put in place a statutory framework for the provision of information by the Commissioner to the Secretary General and the Minister. A very wide range of information is provided by the Commissioner which would be covered by this section, ranging from updates on crime and security matters to the provision of material to enable the Minister to answer questions in Dáil Éireann (information of a type which in practice would have been previously provided before the enactment of section 41). In many, if not most, cases information which is supplied by the Commissioner, and which fall within the scope of section 41, might not be specifically expressed to be a communication under section 41. It is therefore not reasonably practicable to give details of the number of such communications or the number of such communications which specifically refer to section 41 in their content.
473. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the number of persons detained under section 9 of the Refugee Act 1996 in 2012 and 2013 and the average length of detention; the number of persons detained under section 5 of the Immigration Act 1999 in 2012 and 2013 and the average length of detention; the number of persons detained under section 5 of the Immigration Act 2003 in 2012 and 2013 and the average length of detention; and if he will make a statement on the matter. [17441/14]
View answerIn the time available it has not been possible to obtain the information requested by the Deputy from the Garda authorities. I will write to the Deputy in due course on the matters raised. I should point out that while every effort will made to provide the information sought, it is possible that some of the information will not be available in the form requested by Deputy and/or could only be obtained by the disproportionate expenditure of time and resources relative to the information sought.
474. Deputy Finian McGrath asked the Minister for Justice and Equality the reason there is a significant delay in the Garda vetting process (details supplied). [17505/14]
View answerI am informed by the Garda authorities that the current average processing time for vetting applications at the Garda Central Vetting Unit is now approximately 4 weeks from date of receipt.
In general, vetting applications are processed on a first-come, first served basis in chronological order from date of receipt. This is with a view to observing equity and fairness in respect of all vetting subjects. Processing times fluctuate upwards and downwards depending on seasonal demands and volumes received, and in a number of instances, it may be necessary to conduct enquiries with external Garda Stations and Agencies such as the Courts Service, Probation Service, etc. These enquiries are conducted for a multiplicity of reasons such as verification of identity; updating of incomplete records and establishing outcomes of investigations. In such instances processing times are significantly longer than the general average.
A vetting application on behalf of the individual referred to by the Deputy was received and is currently being processed.
The application will be returned to the Authorised Signatory in the Private Security Authority upon its completion.
475. Deputy Seán Kenny asked the Minister for Justice and Equality the cost of maintenance of Garda vehicles in the years 2011, 2012 and 2013 excluding staffing costs; and if he will make a statement on the matter. [17524/14]
View answerThe Garda Commissioner is the Accounting Officer for the Garda Vote.
In that context, I am advised by the Garda authorities that the maintenance costs for the Garda fleet for the period 2011-2013, including spare parts, tyres and towing, are set out in the table:
|
2011 |
2012 |
2013 |
|
€ |
€ |
€ |
|
11,496,945 |
10,703,431 |
12,752,325 |
I am, of course, conscious of the importance of 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.
476. Deputy Seán Kenny asked the Minister for Justice and Equality the position regarding the 438 extra Garda vehicles that came into service in 2013; the number of those that were marked or unmarked Garda cars and marked and unmarked Garda vans; if all vehicles have been assigned to a particular district; and if he will make a statement on the matter. [17525/14]
View answerThe provision and allocation of Garda transport is a matter for the Garda Commissioner in the context of identified operational circumstances and the availability of resources.
I am advised by the Garda authorities that of the 438 new vehicles purchased in 2013, 278 were marked cars and 160 were unmarked cars. No vans were purchased in 2013.
I am also informed by the Garda authorities that at this stage most of the vehicles have been allocated, following fit out, to Garda Divisions and national units in accordance with operational requirements. This is a process that will be completed as quickly as possible.
477. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the lines of communication between his Department and RIA; the frequency of meetings; the procedures for dealing with issues that occur in direct provision; and if he will make a statement on the matter. [17534/14]
View answerThe Reception & Integration Agency (RIA) of my Department is a functional unit of the Irish Naturalisation and Immigration Service (INIS) and is responsible for the accommodation of asylum seekers while their application for protection in the State is being processed.
The staff of RIA and of INIS are civil servants of the Department and are not separate to it. RIA produces information on its operation on a regular basis and publishes the information on its website: www.ria.gov.ie. This information comprises details of the functions of RIA; monthly statistics; annual reports; policy documents; value for money reports; inspection reports; etc., and are publicly available to all. RIA has continuous day-to-day interaction with other units within INIS and the Department. The Principal Officer of RIA attends regular meetings of INIS and the Assistant Secretary with administrative responsibility for RIA attends meetings of the Management Advisory Committee of the Department as does the Director General of INIS. There is full and regular exchange of information on RIA work within the Department.
478. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the procedures in place in direct provision centres in circumstances of deaths of residents in terms of notification, burial and communication with other residents; and if he will make a statement on the matter. [17535/14]
View answerThe Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers under the Government policy of direct provision and dispersal. RIA are currently providing accommodation for over 4,300 persons in 34 centres throughout the State. Services to residents of direct provision centres are mainstreamed, including in respect of health and community welfare supports.
In the case of a death that has taken place in a RIA centre, the manager will make urgent contact with local HSE/GP services, An Garda Síochána and RIA.
Where a death has occurred in the centre or in another location such as a hospital, An Garda Síochána will make arrangements to identify next of kin and make the necessary notifications. The centre manager will also inform the local HSE services about the death as they may be in a position to offer bereavement counselling to residents if requested. The residents will normally be notified of the death by the centre manager but the arrangements can vary given that centres range in size from 33 residents to 600 residents. Where residents seek to avail of counselling following a death on an individual basis, they can attend their own GP for referral to counselling services locally. Asylum seekers in direct provision accommodation will have their medical card to cover such eventualities. RIA remains in close contact with the centre throughout the whole process.
Funeral arrangements can vary depending on the wishes of the family. In some cases, burial will take place in Ireland but the family may prefer that the deceased be buried elsewhere. In terms of burial costs, applications are generally made to the Department of Social Protection to provide financial assistance under exceptional needs payments.
The procedures set out above relate only to asylum seekers living in the direct provision system.
479. Deputy Joe Higgins asked the Minister for Justice and Equality if he has received a request to meet a person (details supplied); and if he is willing to meet them to discuss the serious matters that they have raised. [17568/14]
View answerThe Deputy will be aware that the concerns raised regarding this tragic case were the subject of a thorough independent examination by a Senior Counsel in 2007 and that the conclusions of that examination were accepted by the then Minister.
I have recently received a petition from the person referred to, as well as further correspondence from their legal representative. I understand that there has also been contact between local Garda management and the person's legal representative regarding issues of concern to the person in question.
On foot of the recent petition and correspondence, I have asked for a report from the Garda authorities with respect to the issues raised, and will respond to the person in question after that report has been received.
480. Deputy Finian McGrath asked the Minister for Justice and Equality his views on a matter regarding fixed charges (details supplied); and if he will make a statement on the matter. [17600/14]
View answerI am informed by the Garda authorities that where a person is intercepted by a member of An Garda Síochána in connection with an alleged road traffic offence, a fixed charge notice is issued to the address provided by the person at the time of the detection of the offence, including where that address is outside the State. Fixed charge notices may also be issued to an address outside the State where the registered owner of the vehicle provides such an address in connection with nominating another person as being the driver of the vehicle at the time the offence was committed. These long-standing arrangements are in accordance with the relevant road traffic legislation.
With regard to the reference in the correspondence supplied to a recent Prime Time programme, as I have previously indicated, I have sought a report from the Garda Commissioner on a number of issues raised regarding certain aspects of the operation of the safety camera network and expect to receive this report in the very near future.
