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Tuesday, 24 Jun 2014

Written Answers Nos. 466 - 487

Tribunals of Inquiry Recommendations

Questions (466)

Pearse Doherty

Question:

466. Deputy Pearse Doherty asked the Minister for Justice and Equality if he will provide an update on the Director of Public Prosecutions decision regarding a Garda investigation arising from evidence uncovered by the Moriarty tribunal. [26816/14]

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Written answers

In so far 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 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.

Garda Operations

Questions (467)

Clare Daly

Question:

467. Deputy Clare Daly asked the Minister for Justice and Equality if she will establish an inquiry into policing in the Corrib. [26823/14]

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Written answers

Significant 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. The reality is that substantial Garda resources have to be tied up in the policing of protest activity at this location. This has been necessary in view of the actions of some of the protestors, many of whom are not from the area and engage in acts of public disorder as well as damage to property.

The action of some of the protestors was designed not just to register their disapproval of the work going on there but to try to prevent that work proceeding. The aim of these policing measures is to prevent public order offences and to ensure that people can go about their lawful business. From 2011 to 2013, 38 people were brought before the courts for public order offences, criminal damage and assault on Gardaí in connection with the protests at the Corrib site. 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 Síochána 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.

I am not aware of any basis on which I should initiate a public inquiry into what of its nature is a difficult policing operation. It is, of course, open to persons to make complaints to GSOC. In fact, GSOC 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. 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 Síochána.

As I have indicated previously, a review is ongoing on the effectiveness of the provisions of the Garda Síochána Act 2005 and Regulations made under the Act insofar as they relate to the oversight of the Garda Síochána and the powers and remit of the Ombudsman Commission. I have already indicated that I will bring forward very urgent legislation to strengthen the powers and remit of GSOC and this will allow GSOC to undertake reviews of Garda practices, policies and procedures on their own initiative.

Prisoner Welfare

Questions (468)

Clare Daly

Question:

468. Deputy Clare Daly asked the Minister for Justice and Equality if she will commission a report into the treatment of women in the State's prisons. [26824/14]

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Written answers

The Irish Prison Service 3 year Strategic Plan sets out the high level objectives and key strategic actions for the organisation during the period 2012 to 2015. Included is a key commitment that the Prison Service will work in partnership with the Probation Service and other stakeholders in developing a strategy for managing women offenders. This commitment is being delivered through the Services' joint Women’s Strategy 2014 – 2016 which was published on 6 March, 2014. The strategy entitled “An Effective Response to Women Who Offend” outlines how the two agencies along with other statutory, community, and voluntary sector partners will provide customised interventions for women with the aim to reduce offending, improve opportunities for reintegration, and to improve outcomes more generally.

While the majority of women’s offending behaviour is at the lower end of the seriousness scale, it is acknowledged that they generally have a high level of need which can make the impact of imprisonment for them and their families particularly challenging. This strategy will deal with this through a dedicated and effective approach to working with women offenders.

As regards accommodation for female prisoners, a refurbishment project in the Dóchas Centre to convert a building previously used for administration and storage into prisoner accommodation was completed in 2012 providing an additional 20 prisoners spaces. This Unit is used to house prisoners on an incentivised regime. A Business case for the modernisation of facilities in Limerick prison is currently being drafted by the Prison Service. Part of the proposed re-development includes the provision of high quality prison accommodation for female prisoners with capacity of approximately 50 individual cells and 8 custodial apartments.

Finally, the Deputy will be aware that a working group was established by my predecessor to conduct an all-encompassing strategic review of penal policy. The Group was asked to examine the role of penal policy in crime prevention, sentencing policies, alternatives to custody, custodial accommodation and regimes, reintegration and rehabilitation as well as any special issues relating to female offenders. The Group is expected to report shortly.

Direct Provision System

Questions (469)

Gerald Nash

Question:

469. Deputy Gerald Nash asked the Minister for Justice and Equality if she will review the system of direct provision; the number of persons who are accommodated in direct provision centres across the State; if she will provide figures in terms of the number of children, those aged under 18 years, who are subject to the direct provision system; if she will provide figures in terms of the number of young persons who were born here who are currently accommodated in the direct provision system; and if she will make a statement on the matter. [26827/14]

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Written answers

Direct provision is a system which facilitates the State providing a roof over the head of those seeking protection or on other grounds to be allowed to stay in the State. The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of protection applicants in accordance with the Government policy. I acknowledge that the length of time that residents spend in Direct Provision is an issue to be addressed. My immediate priority is that the factors which lead to delays in the processing of cases are dealt with so that protection seekers spend as little time as necessary in direct provision.

A key priority for this Government is legislative reform aimed at establishing a single application procedure for the investigation of all grounds for protection and any other grounds presented by applicants seeking to remain in the State. Such reform would substantially simplify and streamline the existing arrangements by removing the current multi-layered and sequential processes and provide applicants with a final decision on their application in a more straightforward and timely fashion. In consultation with my officials, I am reviewing the work done to date in respect of the Immigration, Residence and Protection Bill and will then decide on how best to progress the implementation of the Government's priorities, in particular to expedite those relating to the establishment of a single application procedure.

With regard to the more specific matters raised in the question, as at 8 June 2014 there were 4,353 persons availing of direct provision accommodation in 34 centres under contract to the Reception and Integration Agency (RIA) of my Department. Approximately 38 % of these residents are children under the age of 18. Overall, 68 % of RIA residents had first claimed international protection in Ireland three or more years previously. More detailed information is available on the RIA website, www.ria.gov.ie.

With respect to the question of standards and inspections, I wish to advise the Deputy of the following measures currently in place:

- Centres are inspected three times a year, once by an independent company.

- Regular 'clinics' are held where residents can talk one to one with RIA staff regarding RIA's Child Protection policy and Garda Vetting Policy for all staff; and through its domestic violence and sexual harassment policy.

- A further complaints mechanism is contained in the centre House Rules which is considered by RIA to be broadly in line with the guidelines set out by the Office of the Ombudsman for internal complaints systems.

In addition, with respect to child protection, I would add that:

- The RIA operates a Child Protection Policy which is based on the HSE's "Children First - National Guidelines for the protection and welfare of children".

- There is a specific unit in RIA called the Child and Family Services Unit, which is fully staffed and whose role is to manage, deliver, coordinate, monitor and plan all matters relating to child and family services for all asylum seekers residing in the direct provision system. It also acts as a conduit between RIA and the HSE, the latter having statutory functions in this area.

State Pathologists

Questions (470)

Seán Kenny

Question:

470. Deputy Seán Kenny asked the Minister for Justice and Equality when she expects the post of deputy assistant State pathologist to be filled; and if she will make a statement on the matter. [26837/14]

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Written answers

The post of Deputy State Pathologist was advertised with a closing date of 31 March last. The recruitment process concerned is being managed by the Public Appointments Service on behalf of my Department. The process had a wide ranging international dimension and it should be noted that this is a very specialised post. I am advised that the selection process will be brought to a conclusion shortly. Once a recommendation has been received, my Department will attend to the administrative tasks associated with making the appointment without delay.

Garda Vetting Applications

Questions (471)

Bernard Durkan

Question:

471. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when Garda vetting will be completed in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [26895/14]

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Written answers

I have been informed by the Garda authorities that a vetting application on behalf of the individual referred to by the Deputy was received by the Garda Central Vetting Unit (GCVU) and is currently being processed. The application will be returned to the authorised signatory upon its completion.

Visa Applications

Questions (472)

Tony McLoughlin

Question:

472. Deputy Tony McLoughlin asked the Minister for Justice and Equality when a decision will be made by her Department on a visa application in respect of a person (details supplied) in County Sligo whose family is based in Pakistan; and if she will make a statement on the matter. [26900/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa applications referred to by the Deputy were lodged at the Honorary Consulate in Karachi on 17 December 2013, received in INIS, Dublin on 30 December 2013, and are currently being assessed. These applications are for visas to enter the State for family reunification purposes. All applications for long term settlement in Ireland require in-depth consideration and, as set out in the Policy Document on Non-EEA Family Reunification published by my predecessor on 31 December 2013, will (assuming all required information has been submitted) be dealt with within 6 months or 12 months depending on the nature of the applications.

If further documentation or clarification of any matter related to the applications concerned is required, the visa officer will be in touch with the applicants at that time. Otherwise, they will receive letters informing them of the decision on their applications in due course. 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.

Community Policing

Questions (473)

James Bannon

Question:

473. Deputy James Bannon asked the Minister for Justice and Equality if she will provide details of funding and supports provided to groups setting up community alert schemes and neighbourhood watch in counties Longford and Westmeath for years 2011, 2012 and 2013; and if she will make a statement on the matter. [26931/14]

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Written answers

For many years my Department has provided funding for the Community Alert programme which is operated by Muintir na Tíre in partnership with the Garda authorities, and supports the operation of over 1,300 local groups. My Department does not provide direct funding to local groups, but funding is provided in relation to the employment and associated costs of a National Coordinator and Development Officers, as the long-standing view has been that this is the best use of the resources available to my Department to support effective community crime prevention actions. I am currently providing the maximum possible funding to Community Alert that is open to me, having regard to the overall restrictions on my Department's resources and other expenditure needs. I understand that funding for Community Alert is also received from the HSE.

In relation to Neighbourhood Watch groups, while certain costs related to their operations are funded from the Garda Vote as approved by local Garda management, there is not a specific financial allocation for this purpose. With respect to the general supports which are available for community crime prevention groups, An Garda Síochána have published new Community Crime Prevention Guidelines to facilitate the establishment of new local groups and also to help revitalise existing groups where necessary.

Further information, advice and support is available locally from community Gardaí. The long-standing partnership between An Garda Síochána and Muintir na Tíre in supporting Community Alert was underlined by the signing of an updated Memorandum of Understanding between the two organisations in January last year. I should also advise the Deputy that local Garda management continue to engage with communities through the Joint Policing Committees and other fora to advise them of the relevant local policing arrangements, with a view to ensuring that the best possible policing service is provided.

Visa Agreements

Questions (474)

Olivia Mitchell

Question:

474. Deputy Olivia Mitchell asked the Minister for Justice and Equality if the shared visa system between Ireland, China and India also includes Taiwan; if this is not the case can it be extended to include Taiwan in view of the success of previous visa initiatives with that country; and if she will make a statement on the matter. [26938/14]

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Written answers

The British Irish Visa Scheme (BIVS) between Ireland and the United Kingdom, which I announced on 16 June last, is targeted at short-term visitors and business persons from visa required countries. As Taiwanese nationals are not required to have a visa to enter Ireland, they already in effect benefit from the new Scheme. The aim of the BIVS Scheme is to facilitate and promote legitimate travel to Ireland and the UK by visa required tourists and business visitors while also strengthening the external border of the Common Travel Area (CTA). The Scheme will allow travel to, and around, the CTA on a single visa. Currently, visitors planning to travel to Ireland and then on to the UK have to apply in advance for separate Irish and UK visas. BIVS will dispense with this requirement by allowing visitors to Ireland to enter the UK (including Northern Ireland) on foot of their Irish visa. Furthermore, it will also allow spontaneous trips from Ireland to the UK, including, for example, day trips to Northern Ireland.

The Scheme builds on the success of Ireland's Short Stay Visa Waiver Programme, introduced in 2011, which allows nationals of 18 countries (including China and India) to travel from the UK to Ireland using their UK visit visa. The Deputy may wish to note that Ireland also operates a very successful Working Holiday Authorisation Scheme for Taiwanese nationals who wish to travel to the State for a period of 12 months for the purposes of leisure, study or work, In excess of 250 Taiwanese nationals availed of this Scheme in 2013 and indications are of an even greater uptake this year.

Citizenship Applications

Questions (475)

Michael Healy-Rae

Question:

475. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding citizenship in respect of persons (details supplied) in County Kerry; and if she will make a statement on the matter. [26974/14]

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Written answers

Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question. Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must:

- be of full age

- be of good character

- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years

- intend in good faith to continue to reside in the State after naturalisation

- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—

(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and

(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

A foreign national who is married to, or is the civil partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in her absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Victim Support Services

Questions (476)

Aengus Ó Snodaigh

Question:

476. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality if there is a fund that a householder can avail of to repair damage when they have been the victims of crime (details supplied). [26996/14]

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Written answers

No such fund exists under the remit of my Department. However, the Deputy will be aware that it is open to anyone who suffers a loss of property through the actions of another party to seek redress in the civil courts. In the event that a person suffers criminally inflicted injury to their person, rather than to their property, they may make an application to The Criminal Injuries Compensation Tribunal. The Tribunal assesses such applications under the Scheme for Compensation for Personal Injuries Criminally Inflicted. Finally, it would not be appropriate for me to comment on any property ownership issues that may exist between a Local Authority and a private individual.

Garda Recruitment

Questions (477)

John Browne

Question:

477. Deputy John Browne asked the Minister for Justice and Equality the reason no exemptions are made for serving Garda Reserves when applying for permanent Garda positions; and if she will make a statement on the matter. [26998/14]

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Written answers

I wish to put on record my appreciation for the contribution that those who volunteer for service as Garda Reserve members make on a daily basis to the work of An Garda Síochána. Together with full time members, they provide vital assistance to communities and neighbourhoods right across the country. The Admission and Appointment Regulations provide that, as part of the competitive selection process organised by the Public Appointments Service for full-time membership of An Garda Síochána, "due recognition to any satisfactory service by the person as a reserve member" shall be given to such candidates. This provision was introduced in order to acknowledge the beneficial experience and skills gained by a reserve member and to allow them, at assessments and at interview, the opportunity to highlight that experience and skill. It is important that all persons wishing to join the full time force undergo the same competitive selection and recruitment process. A candidate who fails any stage of the process will be eliminated and will not be allowed re-enter this particular competition.

The competition for the selection of Garda Trainees attracts a very high number of applicants. Accordingly, the selection process to become a Garda Trainee is comprehensive, with candidates required to undertake a range of relevant assessment tests and exercises over a number of selection stages. The assessment process will ensure that those that are successful including Garda Reserve members have the capability both to pass the BA course in Applied Policing, as well as the ability to carry out the important functions of a full-time member. I wish to point out that not all Garda Reserve members wish to become full-time members. It is important that those who do apply for a full-time position have the capability to do so.

Visa Applications

Questions (478)

Bernard Durkan

Question:

478. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when a visa for entry to Ireland will issue in the case of the partner of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [27000/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to by the Deputy was lodged at the Irish Visa Office in Abu Dhabi on 9 March, 2014. The application was refused at first instance on 19 March. An appeal against this refusal was received on 27 March. The original decision to refuse the application was upheld by the visa appeals officer on 30 March. It is open to the person concerned to make a fresh application at any time in the future. However, it is advised that they ensure that they are in a position to address the issues of concern raised by the visa officer before doing so.

Since the persons concerned were notified on 30 March of the outcome of their appeal, they have been in contact on several occasions with officials of the Irish Naturalisation and Immigration Service and have been provided with information on the options available to them. 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.

Data Protection

Questions (479)

Maureen O'Sullivan

Question:

479. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if it is legal for landlords or owners of property to have a modified recording device in their rented property for the purposes of recording tenant activity in the property without their consent or knowledge; if her attention has been drawn to any loophole in the law that prevents these landlords from being prosecuted when a tenant does find such a device, for example, in the bathroom; if her attention has been drawn to the fact gardaí have responded to previous tenant claims stating it is not illegal to be recorded in the privacy of their home without their prior knowledge or consent; and if she will make a statement on the matter. [27128/14]

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Written answers

The Deputy will appreciate that I am not in a position as Minister to interpret the law or to provide advice on a particular case in response to a Parliamentary Question. In general, the type of situation mentioned by the Deputy may be contrary both to criminal and to civil law. As regards criminal law, Section 10 of the Non Fatal Offences Against the Person Act 1997 creates an offence of harassment where a person, by any means, intentionally or recklessly, seriously interferes with another person’s peace or privacy, including by persistently watching, pestering, or besetting him or her. The Act provides that a person guilty of the offence shall be liable on summary conviction to a fine of up to €2,500 or to imprisonment for a term not exceeding 12 months or to both. If a person is convicted on indictment, they may be fined and-or imprisoned for up to seven years.

As regards civil law, taking images of a tenant without their consent or knowledge in a part of the rented property where they have a reasonable expectation of privacy may be contrary to the terms of their tenancy agreement, including those implied under statute. It may also infringe both common law and constitutional rights to privacy. Furthermore, the Data Protection Acts 1988 and 2003 generally apply to personal images recorded by means of video cameras unless the recording activity relates to an individual's own personal, family or recreational activities i.e. the ‘household’ exemption.

Since the activity referred to does not appear to fall within the ‘household’ exemption, the recording of such personal data appears to come within the scope of data protection law. This means that the person responsible for such recording is a ‘data controller’ for the purposes of the Acts, and that any individual who is filmed may invoke the remedies provided under the Acts, including a right to establish the existence of personal data, a right of access to the data and a right to its erasure. Enforcement of data protection law in this jurisdiction is a matter for the Office of the Data Protection Commissioner. The statutory functions of the Office include the investigation of alleged infringements of the Acts.

Direct Provision System

Questions (480)

Aodhán Ó Ríordáin

Question:

480. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if she will provide in tabular form the number of residents housed in each direct provision centre; if the figure could be broken down by gender; if the number of minors in each centre could be identified; and if she will make a statement on the matter. [27143/14]

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Written answers

The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of protection applicants in accordance with the Government policy of direct provision and dispersal. Direct provision provides for full board accommodation supports while a final decision is awaited by a person on their protection or any related leave to remain application. As at 8 June 2014 there were 4,353 persons availing of direct provision accommodation and supports in 34 accommodation centres across 16 counties. The detailed statistical analysis sought by the Deputy for the year ending 31 December, 2013 is provided in RIA's 2013 Annual Report which is published on its website, www.ria.gov.ie.

Irish Sign Language

Questions (481)

Simon Harris

Question:

481. Deputy Simon Harris asked the Minister for Justice and Equality the actions that have been taken to advance the recognition of Irish Sign Language as per the commitment in the programme for Government; and if she will make a statement on the matter. [27211/14]

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Written answers

The Programme for Government includes a commitment to "examine different mechanisms to promote the recognition of Irish Sign Language". The process of examining issues and options has already commenced. The National Disability Authority (NDA) facilitated consultations with the Deaf Community in Ireland in 2012 at my request in relation to actions that could make improvements in the lives of deaf people and submissions received from them were considered for inclusion where possible and appropriate in the National Disability Strategy Implementation Plan (NDSIP) which was published in July 2013.

As part of the follow-up to that initiative, I chaired the first special themed meeting of the National Disability Strategy Implementation Group (NDSIG) on the issue of Irish Sign Language on November 28, 2013. This meeting brought together representatives of relevant Departments, the NDA, the Deaf Community and other relevant stakeholders with a view to further progressing the implementation of the NDSIP in this regard. The meeting reviewed the current situation across Government Departments and their Agencies with regard to promoting recognition of Irish Sign Language including in-service provision and provided the Deaf Community with the opportunity of presenting their experience of interaction with the Public Sector. It also provided a useful opportunity to examine mechanisms which could promote the further use and recognition of Irish Sign Language and understand practical implications for service users. Further to this meeting, the Deaf Community prepared a report to reflect their views on key actions and priorities.

This report was submitted for my consideration last month. The intention is that the recommendations from this report will be reflected in the NDSIP where practicable, through the incorporation of new actions and related performance indicators and timelines as appropriate. Progress on all relevant actions will then be monitored as part of the Implementation Plan monitoring process. The focus is on the identification of mechanisms for the further promotion and recognition of Irish Sign Language with a view to promoting and supporting its use, so as to improve service delivery on the ground. I might add that the existing supports for use of Irish Sign Language in Ireland give a level of recognition and practical measures equal to, or above that, in countries which have formally recognised sign language.

Student Visas Reform

Questions (482)

Timmy Dooley

Question:

482. Deputy Timmy Dooley asked the Minister for Justice and Equality if she is satisfied with the operation of a college (details supplied); if her attention has been drawn to the fact that this college is being closed down; the arrangements being made for students of the college to finish their degree courses; the way this will affect the visas of non-EU students attending this college; and if she will make a statement on the matter. [27223/14]

View answer

Written answers

As the Deputy will be aware the Irish Naturalisation and Immigration Service (INIS) of my Department recently suspended a number of colleges from the issuance of visas and residence permissions following very serious allegations regarding the practices of these colleges. Since that date some of these colleges have been closed by their owners and I in tandem with the Minister of Education and Science have appointed a Student Taskforce to deal with the fall out of these closures for the affected students.

As part of this process the investigation by my Department into practices at these and other colleges continues. In this particular case INIS has been in contact with the owner of the institution regarding the issues that have arisen and I am informed that INIS has not been made aware by the owner of any intention to close the college. INIS will be in contact with the owner of this college shortly with a view to finalising the ongoing investigation.

Proposed Legislation

Questions (483)

Michael Healy-Rae

Question:

483. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding the Children and Family Relationship Bill 2014; and if she will make a statement on the matter. [27244/14]

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Written answers

As the Deputy may be aware, the Government published the draft General Scheme of the Children and Family Relationships Bill on 30 January 2014 and forwarded the Scheme to the Joint Oireachtas Committee on Justice, Defence and Equality requesting that the Committee undertake a public consultation on the Scheme. The advice of the Ombudsman for Children was also sought on the proposals. I received the advice of the Ombudsman for Children on the General Scheme of the Children and Family Relationships Bill on 28 May 2014, and the pre-legislative scrutiny report by the Joint Oireachtas Committee on Justice, Defence and Equality on the General Scheme on 29 May 2014. The Ombudsman's advice and the Committee's report contain a number of recommendations which I am currently considering in the context of finalising the General Scheme and of seeking Government approval to draft the Bill proper. My aim is to proceed to drafting of the Bill as soon as possible, subject to Government approval, with a view to enactment in 2015.

Marriage Equality Referendum

Questions (484)

Michael Healy-Rae

Question:

484. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding setting a date to hold a referendum on equal access to civil marriage here; and if she will make a statement on the matter. [27245/14]

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Written answers

In accordance with its commitment in the Programme for Government, Government referred the issue of same-sex marriage to the Convention on the Constitution for consideration. The Convention recommended that a constitutional referendum be held on the issue of equal access to marriage. Government has accepted the recommendation and decided to hold the necessary referendum in the first half of 2015. My Department is engaged in the early stages of developing the wording of the proposed constitutional amendment and the accompanying legislation including a General Scheme of an Implementation Bill that will be required if a referendum on opening marriage to same-sex couples is passed.

Equality Legislation

Questions (485)

Michael Healy-Rae

Question:

485. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding section 37(1) of the Employment Equality Act being deleted; and if she will make a statement on the matter. [27248/14]

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Written answers

Proposals to amend section 37 of the Employment Equality Act are contained in the Employment Equality (Amendment) (No. 2) Bill 2013 which is currently before the Seanad at Committee Stage. The objective of the Bill is to better balance the right of religious freedom and the right of employees to protection from discrimination. The Government, as announced previously, has accepted the principle of this Private Member's Bill. I will be bringing proposals to Government shortly for amendments to make a number improvements to the Bill and also to make a number of other, mainly technical, amendments to equality legislation generally.

Asylum Applications

Questions (486)

Thomas Pringle

Question:

486. Deputy Thomas Pringle asked the Minister for Justice and Equality further to Parliamentary Question No. 546 of 17 June 2014, her proposals for dealing with those in the direct provision system in view of the fact that the single procedure would not benefit these people; and if she will make a statement on the matter. [27265/14]

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Written answers

At present the procedure applied to applications for international protection in Ireland is sequential. An application is first examined in order to determine if the applicant is eligible for refugee status. If the applicant is found not to be a refugee a second application can be examined in order to determine if the applicant is eligible for subsidiary protection. By contrast, under a single procedure, following a single examination, the applicant is subject first to a determination as to whether he or she is a refugee, and if not, is then subject to a determination as to whether he or she is eligible for subsidiary protection.

The introduction of a single procedure for new applicants would raise the question as to what extent the new procedure could be applied to old cases. In reality this arises only in the case of applicants who have not yet received a final decision regarding their application for refugee status. In respect of these applicants it could be possible, consistent with the requirements of legal certainty and administrative practicality, to apply a single procedure while respecting determinations already made. Therefore, the benefits of introducing a single procedure would not necessarily be limited to new applicants.

Crime Data

Questions (487)

Gerry Adams

Question:

487. Deputy Gerry Adams asked the Minister for Justice and Equality the number of burglaries that have been reported in County Louth in the past three years; the average Garda response times for call outs in County Louth; the number of arrests and successful convictions in relation to these burglaries in County Louth; and if she will make a statement on the matter. [27270/14]

View answer

Written answers

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy. With respect to the Deputy's query concerning Garda response times, I have asked the Garda authorities for a report in that regard and will contact him directly when it is to hand.

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