Written Answers Nos. 569-585
569. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will set out the updated position in regard to examination and determination of residency/eligibility for naturalisation in the case of a person (details supplied) in Dublin 22. [18964/14]
View answerThe person concerned arrived in the State on 25 January 2004 and claimed asylum the following day. His application to the Office of the Refugee Appeals Commissioner was unsuccessful and the person concerned was notified of this decision on 26 May 2005. An appeal was submitted to the Refugee Appeal Tribunal. The Refugee Appeal Tribunal upheld the decision of the Commissioner and the decision that he was not declared a refugee was notified to the individual concerned on 12 November 2008. He applied for Subsidiary Protection on 4 February 2009 and made representations, pursuant to Section 3 of the Immigration Act 1999, to remain in the State on 17 September 2009. His application for Subsidiary Protection was refused on 10 August 2011. Following consideration under the Section 3 of the Immigration Act, 1999, on 10 August 2011 a Deportation Order was issued in respect of him requiring him to leave the State. On 22 September 2011, the applicant’s solicitors lodged judicial review proceedings in the High Court, challenging the Deportation Order. These Judicial Review proceedings are on going at present and as the matter is sub judice, we cannot comment further at this time.
571. Deputy Thomas Pringle asked the Minister for Justice and Equality if his attention has been drawn to allegations of policing misconduct made by Afri in relation to the Corrib Gas Project, North Mayo; if he will consider establishing an independent inquiry into the matter; and if he will make a statement on the matter. [19012/14]
View answerSignificant protest activity over a number of years has occurred in the North Mayo area connected with the development of a very important natural resource. This has necessitated the temporary redeployment of large numbers of Gardaí, including specially trained personnel, from throughout the Western Region into the Belmullet District.
It is deeply regrettable that so much Garda resources have to be tied up in the policing of protest activity at this location. However, this is absolutely necessary in view of the actions of some of the protestors, many of whom, as I have said previously, are not from the area and engage in acts of public disorder as well as damage to property. Indeed between 2011 and 2013, 38 defendants were brought before the courts for public order offences, criminal damage and assault on Gardaí. Such actions cannot be tolerated. The aim of the policing measures currently in place is to prevent public order offences and to ensure that people can go about their lawful business.
In relation to my powers under Section 106 of the Garda Siochana Act 2005, I would point out that the Garda Siochana Ombudsman Commission has investigated in the region of 124 complaints against members of the force arising from policing at this location and that other matters remain under investigation by it. The Deputy may wish to note, however, that in excess of 100 of these complaints have either been found by GSOC to be inadmissible or not to have disclosed breaches of discipline on the part of the members complained of, and that those that did indicate a breach of discipline on the part of the Garda member concerned related to the behaviour of the individual member rather than practices, policies or procedures within An Garda Siochána. Given these circumstances I do not see a necessity for an independent inquiry into the policing operation in north County Mayo.
The total cost of policing these protests has now reached in excess of €16m. This does not include the significant cost of the basic salaries of the members of An Garda Siochana who have performed duties at the Corrib Gas Project as these arise in the normal course. Such expenditure comes at a time of economic difficulty for the State and when such resources could be put to far better use elsewhere.
572. Deputy Michael McCarthy asked the Minister for Justice and Equality if he will provide an update on the national action plan on combatting human trafficking; when same will be published; and if he will make a statement on the matter. [19079/14]
View answerThe second National Action Plan to Prevent and Combat the Trafficking of Human Beings in Ireland is currently at an advanced stage of drafting in my Department.
In line with the approach taken to the development of the first National Action Plan, there will be a process of consultation in relation to the second Plan with relevant State, Non-governmental and International organisations prior to its finalisation. There is a well established working group structure, led by my Department, that meets on a regular basis to consider various issues relating to the issue of human trafficking and this structure will be utilised for the process of consultation.
Subject to that process of consultation being completed, I hope to be a in a position to publish the second National Action Plan in the coming months.
573. Deputy Michael McCarthy asked the Minister for Justice and Equality if he will provide training and awareness courses for airline staff to identify human trafficking victims; and if he will make a statement on the matter. [19080/14]
View answerThe National Action Plan to Prevent and Combat Trafficking of Human Beings in Ireland identified the need to establish links with airlines to develop awareness among staff of the issue of human trafficking.
In 2012 the Anti-Human Trafficking Unit of my Department, in consultation with their counterparts in the United Kingdom, developed a training resource for airline staff and this is available on my Department's dedicated anti-human trafficking website www.blueblindfold.gov.ie. Since that time, joint communications by the Irish and United Kingdom authorities have been made with airlines flying into and out of both jurisdictions seeking their support to help in the fight against human trafficking by providing training to airline staff on the indicators of human trafficking.
A second National Action Plan to Prevent and Combat Trafficking in Human Beings in Ireland is currently being drafted and will address further follow up action in this regard.
574. Deputy Terence Flanagan asked the Minister for Justice and Equality if there is a link up between his Department, An Garda Síochána and taxi authorities regarding combating crime against taxi drivers; and if he will make a statement on the matter. [19121/14]
View answerAn Garda Síochána engages regularly on crime prevention concerns with a wide range of stakeholders in the public service transport area and has provided relevant parties with advice and assistance with respect to crime prevention measures to enhance the personal safety of taxi drivers. I have sought an updated report from the Garda authorities in relation to these matters and will contact the Deputy again when it is to hand.
575. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding the regulations for Garda vetting to ensure vetting is portable for a two year period thus reducing waiting times and making volunteering easier; and if he will make a statement on the matter. [19130/14]
View answerVetting procedures in this country are in place to protect children and vulnerable adults. As such they demand rigorous procedures to ensure their integrity and to maintain the highest level of confidence by the public and organisations availing of them.
A full vetting check is conducted for each new application received to ensure that the most recent data available is taken into account. The non-transferability and contemporaneous nature of the certificate protects against the risk of fraud or forgery and is a guarantee of the integrity of the vetting service. It also affords the registered organisation the facility to assess suitability based on the most up to date information available on the applicant. The Deputy will appreciate that the safety of children and vulnerable adults is the primary consideration and this must remain the case.
Elements of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 relating to the disclosure of convictions are under review at present. While I intend bringing proposals before the Oireachtas to provide that certain old minor convictions will not be disclosed under the provisions of the 2012 Act, I do not intend making provisions in the Act to provide that a person who has been Garda vetted with one organisation can move to a different organisation without having to reapply for a new clearance from the Garda vetting section.
This is because once there has been any significant time lapse between one employment and another, the original Garda Vetting Disclosure would not include information regarding any recent criminal convictions, and the second employer could not safely rely on it. Under the Data Protection Acts, any sensitive personal data which employers use in regard to their employees must be current, accurate and up-to-date. Separately, employers would be exposed to civil liability if they knowingly recruited staff based on out-of-date criminal records information where the person in fact has a more recent criminal conviction.
The Deputy may also wish to note that the current average processing time for vetting applications is four weeks which is a significant improvement on this time last year when it stood at 12 weeks.
576. Deputy Brendan Ryan asked the Minister for Justice and Equality if staff employed in the Law Society will be transferred to the new Legal Services Regulatory Authority or elsewhere as a result of the Legal Services Regulation Bill; and if he will make a statement on the matter. [19196/14]
View answerI have previously stated the position in relation to this matter in response to a number of Parliamentary Questions, latterly in my Written Reply to Question No. 161 of 22 January 2014 which I will therefore reiterate on this occasion. The Deputy will recall that I had discussed the issue he has raised with Deputies during Committee Stage of the Legal Services Regulation Bill which was completed on 12 February 2014. I have also received, and continue to consider, a number of representations on the matter from the Law Society, concerned members of its staff and from trade union representatives.
It is fundamental that the new Legal Services Regulatory Authority, to be established under the Legal Services Regulation Bill 2011, be independent of the legal professions and of the Government in the performance of its functions. This will include its implementation of new and independent procedures relating to allegations of professional misconduct by either solicitors or barristers. Such complaints will be dealt with under the auspices of the new Regulatory Authority's Complaints Committee and supported, where appropriate, by the work of the new and independent Legal Practitioners' Disciplinary Tribunal. Under the Bill, members of the public will no longer go to the Law Society or to the Bar Council with their complaints in the first instance, as happens at the moment, but will instead make them through the Legal Services Regulatory Authority.
The independence of the new Regulatory Authority and of its attendant complaints and Disciplinary Tribunal procedures is, therefore, fundamental to their success and to the avoidance of any perception among members of the public that complaints about lawyers are being dealt with by lawyers themselves or by their representative bodies. In that spirit, I have previously welcomed the recognition, by the Law Society, that it would be "in the best interests of the public and the profession" if complaints about solicitors were no longer to be dealt with by the Society but by the new Legal Services Regulatory Authority. This stance has helped to underpin public perceptions of impartiality in the proposed new professional conduct regime to the utmost degree.
It is also desirable that the independence of the new regulatory regime be reflected in the relevant recruitment and appointment processes for staff of the new Authority and it is considered that such appointments should be better made by the Authority itself under open and public competition. Under this scenario, it should be open to existing staff of the legal professional bodies - who would obviously possess the relevant skills and experience - to apply for those positions advertised by the new Legal Services Regulatory Authority, which would then fill them independently.
At the same time, I readily acknowledge that the proposed reforms to the legal professional conduct regime will have negative implications for a number of existing and appropriately skilled staff who currently deal with public complaints made through the legal professional bodies. I have also noted the broad support given by Deputies, from across the Parties, during our discussion of this specific matter at Committee Stage in January, to finding a workable solution which can reconcile the competing human resource and policy considerations involved. However, the human resource and other aspects of the establishment of the new Legal Services Regulatory Authority and of the Legal Practitioners' Disciplinary Tribunal remain matters of ongoing consideration at my Department and will have to be negotiated to their conclusion with the Department of Public Expenditure and Reform which has overall responsibility for policy in these areas.
577. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 194 of 13 February 2014, the position regarding the status of the outstanding information as requested. [19221/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the information sought by the Deputy, specifically, details of the number of persons in Direct Provision and elsewhere who made their application for protection more than five years ago and are awaiting or engaged in asylum related judicial review proceedings. Before addressing the specifics of the Deputy's question it is important to put the relevant data in context. Firstly, it needs to be understood that the figures involved are constantly evolving and changing due to court outcomes at one end of the process, new proceedings entering the process at the other end as well as constant changes in the age profile of existing applications that are subject to Judicial Review (JR). Secondly, in quoting a figure in respect of Judicial Reviews it is important to note that the figures only represents the number of persons who have an active JR at that particular point in time. Thus a case which has been held up for a significant period of time (sometimes years), and only recently been decided/withdrawn/settled will not be reflected in figures quoted below. However, such Judicial Reviews will be the primary reason why many cases are over 5 years in the system even though the applicant currently may not be subject to an active Judicial Review. In addition, because families are invariably processed together a Judicial Review by a single member of a family will have the effect of holding up the processing of a significantly larger number of persons in the system. Finally, where a person has more than one JR taken against various bodies such as the ORAC, RAT, INIS, etc. these are counted only once in the figures.
For the reasons outlined above it would be misleading to draw a direct correlation between the number of active Judicial Reviews and the number of applications of a particular age profile in the system. However, it is clear, for the reasons outlined in the preceding paragraphs that Judicial Reviews have a major impact on processing times and the number of applicants impacted is significantly greater than the number of active Judicial Reviews in the system at any particular point in time. While every applicant has, of course, the right to seek redress in the Courts, the reality is that such Reviews (sometimes taken at different stages of the process) will inevitably prolong the period the applicants remain in the system until a final determination can be made in their case.
I am advised by the INIS that there are around 900 Judicial Reviews currently ongoing in respect of the persons who made an application for asylum over 5 years ago. There are over 350 Judicial Reviews challenging Deportation Orders, a very large proportion of which relate to failed protection applicants whose cases are more than five years old. The other JR’s are challenging decisions of the Office of the Refugee Applications Commissioner ORAC), appeal decisions of the Office of the Refugee Appeals Tribunal (RAT) or subsidiary protection decisions.
With regard to the processing of applications for subsidiary protection, the Deputy will be aware that responsibility for the processing of subsidiary protection applications passed from the Minister for Justice and Equality to ORAC in November 2013 when I signed into law the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013). Significant effort and additional resources (including engaging a panel of legally qualified persons to process cases) are being allocated to the establishment and operation of the new arrangements for the processing of these cases which include personal interviews for each applicant at the first instance and oral appeals by RAT of decisions of the ORAC. The ORAC, in consultation with the UNHCR, have recently published on its website details of how it will prioritise the process of scheduling persons for interview taking into account, inter alia, dealing with applicants who are longest in the system first. The intention in any event is to process as many of these cases as possible to finality together with consideration of any leave to remain aspects arising by the end of this year.
578. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 788 of 25 March 2014, if he will now make available the cost of the policing operation for the European People's Party Convention In Dublin in terms of financial cost and the number of Garda hours involved. [19222/14]
View answerI am advised by the Garda authorities that, as at 28th April 2014, the financial costs associated with the policing operation for the European People's Party Convention in Dublin have amounted to approximately €230,600. A breakdown of the Garda hours involved is not readily available and would require a disproportionate use of Garda resources to collate.
579. Deputy Joe Higgins asked the Minister for Justice and Equality if in the case of a visa applicant with a physical disability, if their physical disability is a consideration when assessing if the applicant has sufficient finances or when assessing if granting a visa may result in a cost to public funds and-or public resources. [19226/14]
View answerThe Irish visa application process does not require an applicant to provide information as to whether he or she has a physical disability. However, there are some very limited circumstances in which an applicant may choose to submit evidence of a physical disability in support of his or her application. This would primarily occur where an applicant is seeking a long stay visa for the purpose of family reunification on the basis of dependency on a family member residing in Ireland. Such information would be taken into account in the decision making process, in particular in determining the issue of dependency.
Each visa application is considered on its own merits, the onus resting on the applicant to satisfy the visa officer as to why the visa should be granted. A visa officer must take into consideration many factors before arriving at a decision, including whether adequate financial support will be available to the applicant concerned for the duration and purpose of their intended visit, particularly should any unforeseen circumstances arise. This requirement decreases the likelihood that the granting of a visa could result in a cost to State funds or resources, an important consideration in any decision to approve a visa application, regardless of whether the applicant has a physical disability.
Comprehensive information on the visa application process is available on the website of the Irish Naturalisation and Immigration Service - www.inis.gov.ie. It should be borne in mind, however, that the information contained on the website is intended to act as guidance only. It does not limit the discretion of the visa officer in dealing with individual applications.
580. Deputy Mick Wallace asked the Minister for Justice and Equality when he will publish the Commission of Investigation report of Grainne McMorrow SC into the death in 2007 of a person (details supplied) in Mountjoy Prison; if he will publish this in its entirety; and the action he will take on foot of the contents of that report. [19228/14]
View answerThe final report of the Commission of Investigation into the Death of Gary Douch was submitted to me on 5 February, 2014. Following a consultation process with a number of parties in order to satisfy requirements of the Commissions of Investigation Act 2004, I brought the report to Cabinet this morning. A copy of the report will be conveyed to the family tomorrow and the report published shortly thereafter.
581. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will introduce legislation in relation to the height of trees (details supplied); and if he will make a statement on the matter. [19260/14]
View answerThe difficulties experienced by property owners arising from trees and high hedges on neighbouring land were raised in both the Dáil and Seanad during passage of the Land and Conveyancing Law Reform Act 2009. My Department consulted on the matter with the Law Reform Commission, which had been involved in drafting the 2009 Act, and the Commission took the view that unreasonable interference caused by high trees or hedges was a matter in any particular case for tort law or more generally for planning or environmental law.
In England and Wales, for example, complaints about high hedges are dealt with under Part 8 of the Anti-Social Behaviour Act 2003. This Act makes provision for local authorities to determine complaints by the owners or occupiers of domestic property who are adversely affected by evergreen hedges over 2 metres high. Broadly similar legislation, i.e. the High Hedges Act (Northern Ireland) 2011, came into operation in Northern Ireland on 31 March 2012.
The manner in which problems associated with high hedges and trees are resolved in both England and Wales and Northern Ireland demonstrates a clear preference for the resolution of such disputes at local level, preferably by mediation, with recourse to the courts only as a last resort. This is intended to reduce the risk of prolonged and costly litigation, and the risk that court proceedings could leave a legacy of bitterness between neighbours and ill-feeling in the local community. The introduction of such legislation in this jurisdiction would be a matter for the Minister for the Environment, Community and Local Government and his Department.
Under our existing law, a person may be in a position to seek damages or an injunction requiring the cutting of boundary hedges or trees under the tort of nuisance. In order for the nuisance to be actionable, the person concerned would have to show that an easement existed, i.e., whether an easement of light or otherwise, and that there had been a substantial interference with that right.
It is my intention to bring forward a Mediation Bill to promote mediation as a viable, effective and efficient alternative to court proceedings, thereby reducing legal costs and speeding up the resolution of disputes. The legislation, which is currently being drafted, will introduce an obligation on solicitors and barristers to advise any person wishing to commence court proceedings to consider mediation as a means of resolving a dispute before embarking on such proceedings. It will also provide that a court may, following the commencement of proceedings, on its own initiative invite parties to consider mediation and suspend the proceedings to facilitate the mediation process.
582. Deputy Eric Byrne asked the Minister for Justice and Equality when the Criminal Justice (Spent Convictions) Bill will come before Dail Éireann and be debated and voted on; his view on spent convictions and ways to deal with this matter; and if he will make a statement on the matter. [19281/14]
View answerThe Criminal Justice (Spent Convictions) Bill 2012 provides for the non-disclosure of certain convictions in certain circumstances and is intended to assist with the rehabilitation of former offenders. The Bill 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 been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill are currently being drafted. It is my intention that the Bill will be enacted as soon as possible.
583. Deputy Mick Wallace asked the Minister for Justice and Equality his plans to address the gender pay gap, which has increased to 14.4%; and if he will make a statement on the matter. [12173/14]
View answerThe gender pay gap is an important issue because it impacts on women’s life long earnings, economic independence, private pension provisions and risk of poverty in older years.
The calculation of the gender pay gap is very complex. The data to which the Deputy refers were published by Eurostat in March and are provisional, as was the 2011 comparator of 11.7 per cent. The most recent “final” figure for Ireland was 13.9 per cent in 2010. Ireland continues to perform better than many other EU Member States on the gender pay gap. The EU 28 average was provisionally calculated by Eurostat to be 16.4 per cent in 2011 and again in 2012. It should also be noted that these Eurostat data are based on the “structure of earnings survey methodology” and exclude the public administration and defence sectors.
There are many complex causes of the gap, including women’s increased comparative likelihood to work part-time; to work in particular sectors; to play a disproportionately large role in the provision of caring within the family; to be under-represented in leadership and management roles and to experience discriminatory and gender-biased workplace practices and pay systems. Gender biased workplace systems can, for example, include the streaming of female graduates on graduate intake programmes into particular functions within an organisation while individualisation of pay negotiations can benefit men rather than women.
The introduction of a national minimum wage has led to an improvement in the gender pay gap in Ireland. The introduction of a minimum wage benefits those in the lowest income groups and research shows that these groups are likely to have a significant female presence. In recent years, the work of the National Employment Rights Authority in monitoring wages has assisted in ensuring that those on low pay scales, both male and female, receive the pay levels to which they are entitled.
The National Women’s Strategy includes a commitment to address the gender pay gap. Work is ongoing in the Department of Justice and Equality to foster the advancement of women into decision-making roles, which also helps to narrow the gender pay gap. The issue for the sharing of maternity leave between parents and the introduction of paternity leave are currently being examined in order to encourage more men to share the caring role within the family.
The gender pay gap is also a key priority of the European Commission’s gender equality strategy and the European Commission announced on 7th March 2014 that it has adopted a Recommendation to Member States that they take steps to increase wage transparency in order to strengthen the principle of equal pay between women and men. Member States are asked to report on progress by the end of 2015. The Commission will review progress and consider the need for further measures at that time.
My Department is examining the Commission’s recommendation and will collaborate with other Departments and with employers on the matter. In this regard, it is also appropriate to mention that the Equality Authority's Equality Mainstreaming Unit, with co-funding from the European Social Fund, supported IBEC to develop a gender pay audit tool to assist employers with measuring and evaluating gender equality and pay transparency in the private sector.
584. Deputy Mattie McGrath asked the Minister for Justice and Equality if he will agree to meet the families of the Omagh victim support group; if he will support the call for a full cross-Border public inquiry; and if he will make a statement on the matter. [16082/14]
View answerThe Deputy will be aware that I met previously with members of the Omagh Support and Self-Help Group. At that meeting the Group raised with me a number of issues of concern it has with regard to events surrounding the Omagh bombing. The Group also presented me with a copy of a document it has compiled setting out these concerns in support of its call for a public inquiry into various matters surrounding the Omagh bombing.
Given the detailed and sensitive nature of the material contained in the document, that consideration has required some time for the matters raised, insofar as they relate to this State and to the Garda Síochána, to be given full consideration. I have been in the process of finalising that detailed consideration. However, as the Deputy will be aware, earlier this month a man was arrested in Northern Ireland and has been charged with the 29 murders caused by the bomb at Omagh.
In these circumstances, I believe the safest course of action is to postpone finalising my consideration of the matters raised by the Omagh Group until the prosecution process in Northern Ireland has been completed. We all share a desire for those who carried out the bombing at Omagh to be made amenable to the courts and I believe we must all be careful to ensure that we do not do or say anything that could in any way be interpreted to interfere with that process.
I have communicated this view directly to the Omagh Group. It is, of course, understandable that the Group wishes to receive a response to its concerns and I remain anxious to ensure that can take place as soon as is prudent.
585. Deputy Robert Dowds asked the Minister for Justice and Equality the number of community gardaí based in Clondalkin station, Dublin 22 for each of the past five years; the latest available numbers; his plans to increase the numbers of community gardaí in Clondalkin. [19335/14]
View answerAs the Deputy is already aware, the Garda Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no direct function in the matter. This allocation of resources is constantly monitored in the context of demographics, crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.
The Deputy will also be aware that all Gardaí have responsibility, inter alia, to deal with Community Policing issues as and when they arise. I have been informed by the Garda Commissioner that the number of dedicated Community Gardaí in Clondalkin Garda Station on 31 December 2009 to 2013 and on 28 February 2014, the latest date for which figures are readily available, is set out in the table.
|
Station |
31/12/09 |
31/12/10 |
31/12/11 |
31/12/12 |
31/12/13 |
28/02/14 |
|
Community |
11 |
11 |
10 |
10 |
7 |
7 |
|
Total Strength |
98 |
100 |
98 |
95 |
91 |
91 |
|
Reserve |
5 |
6 |
5 |
4 |
8 |
8 |
|
Civilian |
10 |
10 |
10 |
10 |
10 |
10 |
