Written Answers Nos. 574-605
574. Deputy Sean Fleming asked the Minister for Justice and Equality the total value of bonus payments made to staff under the aegis of her Department in 2013 and to date in 2014; and if she will make a statement on the matter. [32274/14]
View answerI wish to inform the Deputy that no bonus payments have been made to staff in my Department in 2013 or 2014.
575. Deputy Charlie McConalogue asked the Minister for Justice and Equality when a person (details supplied) in County Donegal will be reissued with their travel documents; and if she will make a statement on the matter. [32282/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department, that the matter is now the subject of an ongoing Garda investigation. The Deputy therefore will appreciate that it would be inappropriate for me to comment further at this time. Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.
576. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of gardaí, by rank and division, that availed of maternity leave, sick leave, adoptive leave, carer's leave or a career break in 2013 and 2014; and if she will make a statement on the matter. [32288/14]
View answer577. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of gardaí, by rank and division, that were forced to avail of sick leave or otherwise could not carry out their duties as a result of an injury or illness, including stress-related illnesses, received while in the course of their duties in 2012, 2013 and to date in 2014; and if she will make a statement on the matter. [32289/14]
View answerI propose to take Questions Nos. 576 and 577 together.
I have requested the information sought by the Deputy from the Garda Commissioner and as soon as it is to hand I will pass it on to the Deputy.
578. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality the total number of appointments to State boards since March 2011 under the aegis of her Department; the total number of appointments that have been advertised on her Department’s website; and if she will make a statement on the matter. [32304/14]
View answerI wish to inform the Deputy that his Question regarding appointments and public advertising is a repeat of Deputy Troy's Question of 8 July, 2014 insofar as these matters are concerned. Consequently, I wish to refer the Deputy to my reply to Question No. 630 of 8 July, 2014. http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/dail2014070800080?opendocument#WRX00500.
579. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality the number of chairpersons appointed to State boards under the aegis of her Department since March 2011 that have appeared before the relevant Joint Oireachtas Committee; and if she will make a statement on the matter. [32319/14]
View answerI wish to inform the Deputy that, in accordance with Government Decision 180/20/10/1424 of 12 April 2011, the following Chairpersons appeared before the Joint Oireachtas Committee prior to their appointments.
|
Name |
Board |
|
Noel Lappin |
Private Security Authority |
|
Graham Hanlon |
Private Security Appeal Board |
|
Geraldine Clarke |
Property Services Regulatory Authority |
|
Patricia O'Connor |
Property Services Appeal Board |
|
Conor Woods |
Charities Regulatory Authority |
580. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality the number of retired public servants who have been awarded temporary or term-time posts in her Department in 2011, 2012, 2013 and to date in 2014. [32334/14]
View answerIt is assumed that the Deputy is referring in his question to those engaged in posts as temporary clerical officers and on fixed term contracts. In relation to temporary clerical officers I wish to advise the Deputy that information on whether any temporary clerical officers engaged in 2011/ 2012 were retired Civil/Public Servants is not readily to hand. Only one of those appointed in 2013 was in receipt of a Civil/Public Service pension while two others had preserved pensions in respect of previous service. Of the cohort of temporary clerical officers engaged in 2014 and based on the information available none are retired public servants. In relation to those employed by my Department in 2011, 2012, 2013 and to date in 2014 on fixed term contracts and based on the information available, none are retired public servants. It should be noted that on occasion, retired public servants may be re-engaged by my Department on a short term basis because of their knowledge and expertise in a particular area, for example, to serve on interview boards or audit committees.
581. Deputy Brendan Griffin asked the Minister for Justice and Equality when she will bring forward legislation to provide for the post-release electronic tagging of convicted sex offenders; and if she will make a statement on the matter. [32345/14]
View answerIn December last, the Government approved drafting of a wide-ranging Sexual Offences Bill. The General Scheme of the Bill includes provisions for the electronic monitoring of convicted sex offenders in specific circumstances. This is priority legislation and the Bill is currently being drafted.
582. Deputy Brendan Griffin asked the Minister for Justice and Equality the number of fines and penalty points that have been issued for texting and driving since the new law came into force; and if she will make a statement on the matter. [32353/14]
View answerThe Deputy will be aware that the Road Traffic Act, 2006 (Restriction of Use of Mobile Phones) Regulations 2014 commenced on 1 May 2014. I am informed by the Garda authorities that, while there have been no prosecutions to date in respect of this offence, 19,083 fixed charge notices have issued from 1 January, 2014 to 8 July, 2014 in respect of the offence of holding a mobile phone while in charge of a mechanically propelled vehicle.
583. Deputy Brendan Griffin asked the Minister for Justice and Equality if she considers the act of deliberately ramming a Garda vehicle to be serious enough to warrant its own legislative response; if she is concerned with the figures pertaining to such instances; and if she will make a statement on the matter. [32354/14]
View answerI can assure the Deputy that I consider the deliberate ramming of a Garda vehicle to be a very serious matter and am satisfied that there is already a range of robust road safety and other legislative enforcement provisions available to the Garda authorities in such circumstances. All incidents of this nature are, of course, subject to full and determined investigation by An Garda Síochána. That being said, I am having the Deputy's suggestion in relation to legislation in this area examined and I will communicate further with Deputy in this regard.
In relation to the existing legislation, the Road Traffic Act 1961 (as amended) provides for the offence of driving without reasonable consideration, careless driving and dangerous driving. Section 13 of the Non-Fatal Offences Against the Person Act, 1997 also provides for the offence of intentional or reckless conduct which creates a substantial risk of death or serious harm, while section 2 of the Criminal Damage Act, 1991 provides for the offence of damage to the property of another person. Furthermore, section 19 of the Criminal Justice (Public Order) Act, 1994 (as amended) provides for the offence of assault or obstruction of a member of An Garda Síochána.
584. Deputy Brendan Griffin asked the Minister for Justice and Equality the street value of illegal drugs seized nationwide over each of the past ten years; if a breakdown of the Garda districts exists for these seizures; the amount she estimates the street value of unseized products to be; and if she will make a statement on the matter. [32367/14]
View answerI wish to advise the Deputy that it is not possible to provide the data sought in the time available for reply. However, I have requested the Garda authorities to provide the requested information and I will arrange for all available information to be forwarded to the Deputy upon receipt.
585. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality if she will provide in tabular format the commitments under the Programme for Government which her Department is responsible for; the progress made to date with regard to each commitment; and if she will make a statement on the matter. [32399/14]
View answerThe current status of commitments pertaining to my Department is outlined in the tabular statement below. The timeline for delivery of the commitments is over the lifetime of the Government.
|
Commitment |
Status (Completed/In Progress/Under Review) |
|
We will fast-track the substantial reforms needed for our bankruptcy legislation to bring us into line with best international standards, focusing on a flexible personal bankruptcy system that reduces discharge time for honest bankrupts. |
Completed |
|
We will legislate to end upward only rent reviews for existing leases. |
It has not proved possible to develop a targeted scheme to tackle this issue. |
|
We will explore the possibility of a new agreement on visitor visas with the UK, offering tourists the opportunity to visit the UK and Ireland with one visa, at a reasonable cost to tap into the tourism market for significant events. |
Completed |
|
We will permit postgraduate students to be allowed work here for up to a year after they complete their studies. High-value research students will be permitted to bring families if they are staying more than two years. |
Completed |
|
A referendum to amend the Constitution to allow the State to cut the salaries of judges in restricted circumstances as part of a general cut across the public sector |
Completed |
|
We will amend the Official Secrets Act, retaining a criminal sanction only for breaches which involve a serious threat to the vital interests of the state. |
Under Review |
|
We will halve the cost of the existing provision of ministerial transport. We will provide for the efficient use of transport including the release of Garda drivers to normal policing duties. We will end the automatic right to state cars for former office holders and other state officials. |
Completed |
|
Improve co-ordination and integration to delivery of services to the Traveller community across all Government departments, using available resources more effectively to deliver on principles of social inclusion, particularly in area of Traveller education through the DEIS programme |
In Progress |
|
Fast-tracking personal bankruptcy reform needed to bring us into line with best international standards, such as introducing a flexible discharge period for “honest bankrupts”, defined as one that has materially complied with the Tax, NAMA and Companies Acts among others. |
Completed |
|
We will improve the quality of information available on the Irish housing market by requiring that the selling price of all dwellings is recorded in a publically available, national housing price database |
Completed |
|
Enact legislation to strengthen the rights of victims of crime and their families, to ensure that victims and their needs are at the heart of the justice process and that rights to information, advice and other appropriate assistance are met effectively and efficiently. |
In Progress |
|
Ensure that rogue bankers and all those that misappropriate or embezzle funds are properly pursued for their crimes and that the full rigours of the law will apply to them |
In Progress |
|
Enact a new consolidated and reformed anti-corruption law to punish white collar crime and end the impunity from consequences for corporate behaviour that threatens the economy. |
In Progress |
|
Strengthen measures to ensure that convicted white collar criminals cannot transfer assets to spouses or other family members and we will empower the Criminal Assets Bureau to pursue such convicted white collar criminals for any legal aid costs awarded to them. |
Under Review |
|
Enact legislation to strengthen the powers of the Criminal Assets Bureau in relation to forfeiting the proceeds of crime. |
In Progress |
|
Establish a DNA Database to assist the Gardaí in the investigation of serious crime, such as homicides and sexual offences. The database will also be utilised to enhance cooperation with the EU in the area of asylum and immigration. There will be appropriate safeguards in relation to inclusion on and access to the DNA database. |
In Progress Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013 enacted on 22 June 2014. |
|
Provide statutory guidelines for the witness protection programme. |
In Progress |
|
Introduce x-ray scanners to all prisons to screen people and goods entering prisons to stop the flow of drugs and mobile telephones into prisons. |
Completed |
|
Ensure that administrative duties are carried out by civilian staff in order to free up highly trained Gardaí for preventing and detecting crime. |
In Progress |
|
Reform the prosecution and judicial case management systems so as to reduce the number of Gardaí unnecessarily detained in the courts. |
In Progress |
|
Fully implement the Fines Act 2010 and extend the use of Community Service Orders. Where a member of the judiciary is considering the imposition of a prison sentence of one year or less, he/she will be required by legislation to first consider the appropriateness of Community Service Orders as an alternative to imprisonment. |
Completed |
|
End the practice of imprisoning people who cannot pay fines and debts and introduce a system which takes a small amount of money from wages or social welfare by “attachment order” to pay off a fine or debt over time, as an alternative to imprisonment for people who refuse to pay. |
Completed |
|
Introduce legislation to ensure that aggravating factors are considered in sentencing and to allow for the criminal prosecution service to make a submission on sentence, which draws to the court's attention aggravating factors which relate to the crime. |
Under Review |
|
Introduce a series of post-imprisonment restraint orders for violent and sexual offenders to include electronic tagging and other restrictions, which may be imposed at the time of sentencing. |
In Progress |
|
Violent and sexual offenders may only earn remission based on good behaviour, participation in education and training, and completion of addiction treatment programmes and, where appropriate, sex offender programmes. We will review the workings of the Prison Act 2007 in relation to incentivising engagement with rehabilitative services in prison. |
In Progress |
|
Strengthen the Inspector of Prisons, by putting the office on a statutory footing and removing restrictions on publication by the Inspector of Prisons of his/her reports. |
Completed |
|
Prison visiting committees will furnish their reports to the Inspector of Prisons who will be under an obligation to publish them. The Inspector of Prisons will make an annual report to the Minister for Justice and the Oireachtas Justice Committee, and will be empowered to appear before that committee on such other occasions as may be appropriate. |
In Progress |
|
Ensure better coordination between the Irish Prison Service and the Probation Service to create an integrated offender management programme |
In Progress |
|
Review will be conducted of the working of mandatory sentencing laws in the context of an overall review of drugs policy. |
In Progress |
|
Review the proposal to build a new prison at Thornton Hall and consider alternatives, if any, to avoid the costs yet to be incurred by the state in building such a new prison. We are conscious of the need to provide in-cell sanitation to all prisons and, in so far as resources permit, to upgrade prison facilities. |
In Progress |
|
Tackle anti-social behaviour and the plague of low level crime that is so destructive of community life. |
In Progress |
|
Build on the existing community policing partnerships and forums to enhance trust between local communities and their Gardaí. |
In Progress |
|
Give special emphasis to alternative programmes for juvenile offenders through extensions to the Juvenile Liaison Officer Scheme and the Garda Juvenile Diversion Programme, and the extended use of Restorative Justice where appropriate. |
In Progress |
|
Examine outcomes-based contracts with community organisations to help reduce re-offending by young people, based on the social impact bond model in the U.K. |
In progress - in conjunction with Department of Children and Youth Affairs |
|
Strengthen the supply reduction effort and criminal assets seizures, particularly at local level. |
In Progress |
|
Reduce the flow of drugs to prisons. |
In Progress |
|
Carry out a full review of the Drug Treatment Court Programme to evaluate its success and potential in dealing with young offenders identified as having serious problem with drugs. |
In Progress |
|
Legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges. |
In Progress |
|
Introduce a constitutional amendment to allow Government to reduce the pay of the judiciary as a whole in line with other public sector reductions. We will also provide a modern and reformed framework for judicial expenses. |
Completed |
|
Introduce a constitutional amendment to allow for the establishment of a distinct and separate system of family courts to streamline family law court processes and make them more efficient and less costly. We will take the necessary steps to create a permanent Civil Court of Appeal. |
In Progress |
|
Encourage and facilitate use of mediation to resolve commercial, civil and family disputes in order to speed up resolution of disputes, reduce legal costs and ameliorate the stress of contested court proceedings. |
In Progress |
|
Provide for a Commercial Court to facilitate speedy resolution of disputes at Circuit Court level, where monies in dispute do not warrant High Court jurisdiction. |
Under Review |
|
Introduce legislation to facilitate courts making provision for structured settlements in circumstances where lump sums are currently awarded as a consequence of individuals suffering catastrophic injury because of the negligence of another. |
In Progress |
|
Create an enforcement mechanism for District Court maintenance orders in family cases. |
Completed |
|
We will modernise and reform outdated elements of family law. |
In Progress |
|
Introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence, threatened violence and intimidation in a manner that provides protection to victims. |
In Progress |
|
Establish independent regulation of the legal professions to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints. |
In Progress |
|
Introduce comprehensive reforms of the immigration, residency and asylum systems , which will include a statutory appeals system and set out rights and obligations in a transparent way. |
In Progress |
|
Provide for the efficient processing and determination of citizenship applications within a reasonable time. |
Completed |
|
Ensure that all State boards have at least 40% of each gender. |
In Progress |
|
Promote greater co-ordination and integration of delivery of services to the Traveller community across Government, using available resources more effectively to deliver on principles of social inclusion, particularly in the area of Traveller education. |
In Progress |
|
Require all public bodies to take due note of equality and human rights in carrying out their functions. |
In Progress |
|
Promote policies which integrate minority ethnic groups in Ireland, and which promote social inclusion, equality, diversity and the participation of immigrants in the economic, social, political and cultural life of their communities. |
In Progress |
|
Publish, following wide consultation, a realistic implementation plan for the National Disability Strategy, including sectoral plans with achievable timescales and targets within available resources. Ensuring whole-of-government involvement and monitoring of the Strategy, in partnership with the disability sector. |
In Progress |
|
Examine different mechanisms to promote the recognition of Irish Sign Language. |
In Progress |
|
Reform the law on mental capacity to ensure the greatest degree of autonomy for people with intellectual disabilities or suffering with mental illnesses in line with the UN Convention on the Rights of Persons with Disabilities. |
In Progress |
|
We will enact legislation to amend tax and social welfare law in respect of civil partnerships. We will amend the Civil Partnership and Certain Rights and Obligations of Cohabiting Couples Act 2010 to address any anomalies or omissions, including those relating to children. |
In Progress |
|
We will enhance the Irish role in EU judicial and home affairs cooperation |
In Progress |
586. Deputy Robert Troy asked the Minister for Justice and Equality if her attention has been drawn to the fact that members of An Garda Síochána are being used to assist a private company in the installation of meters, when persons have the right to refuse one; and if she will make a statement on the matter. [32405/14]
View answerI have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
587. Deputy Michael McGrath asked the Minister for Justice and Equality if she will provide details, for each of the years 2011, 2012 and 2013 of the number of different instances in which counterfeit euro notes have been seized by or have come into the possession of the Garda; and the total notional value of euros involved; and if she will make a statement on the matter. [32474/14]
View answerI am informed by the Garda authorities that the table below shows the number of different instances in which counterfeit euro notes have been seized, or come into the possession of the Gardaí for years 2011 to 2013. It should be noted that not all counterfeit currency is seized by, or comes into the possession of the Gardaí. In many incidents, the counterfeit currency is inadvertently presented to a bank for lodgement by retail outlets, where it is discovered and seized and forwarded to the Central Bank. Insofar as the notional value of the seized counterfeit euros is concerned, I am advised that the compilation of this information requires the manual extraction of data from individual entries on PULSE and the information in relation to 2012 and 2013 is not available at this juncture. The notional value of counterfeit euro notes seized by An Garda Síochána in 2011 is €53,020.
|
Year |
No. of Instances |
|
2011 |
402 |
|
2012 |
472 |
|
2013 |
217 |
588. Deputy Denis Naughten asked the Minister for Justice and Equality the number of leave to remain applications received from US nationals in each of the past five years; the number which were granted; and if she will make a statement on the matter. [32501/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that representations under Section 3 of the Immigration Act 1999 (as amended) in respect of US nationals in the years 2009 to 2013 amounted to 27, 45, 63, 78 and 70 respectively. In the same period a total of nine U.S. nationals were granted discretionary permission to remain. The Deputy should appreciate that these figures constitute only a tiny fraction of the numbers of U.S. nationals who are granted permission to reside here each year. To illustrate this point, I can advise the Deputy that over 7,600 U.S. nationals were 'registered' with the Garda National Immigration Bureau at the end of 2013 with similar numbers 'registered' for previous years.
589. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the steps she will take to ensure that free legal aid is available in a timely way to distressed borrowers who need independent legal advice to deal with family home re-possession proceedings and are granted legal aid board assistance but are put on waiting lists of up to 18 months, taking into account that in many cases judges and county registrars are not willing to adjourn legal proceedings for legal aid solicitors to become available, thus leaving vulnerable persons to fight such cases without professional representation against financial institutions with full legal representation; and if she will make a statement on the matter. [32510/14]
View answer590. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the average waiting times persons are experiencing in receiving free legal aid broken down by category such as family law, repossessions and so on; the actions she will take to address this issue; and if she will make a statement on the matter. [32511/14]
View answerI propose to take Questions Nos. 589 and 590 together.
I wish to inform the Deputy that demand for legal services from the Legal Aid Board (the Board) has increased significantly since the down-turn in the economy and this has led to an increase in numbers waiting and waiting times. Demand in 2013 was at the same level as it was in 2012 and while there was a 10% drop in demand at the general law centres in 2012 compared to 2011, nevertheless the demand for general legal services (excluding asylum) in 2011 was 93% greater than it was in 2006. In recognition of this, the Board has not been subject to the level of cuts that other public service bodies have had to experience and my predecessor was able to maintain the Board’s allowance at the same level for 2014 as it was in the previous three years. Nevertheless it is a challenging environment that has resulted in recent years in growing waiting times for those seeking legal services for most matters. The Board prioritises certain categories of case, most notably cases involving children at risk of going into State (Child and Family Agency) care and cases involving international child abduction. In 2013 approximately 17% of the Board’s first appointments with clients involved cases that had been prioritised. It is difficult for the Board to add additional categories of cases for prioritisation without such an approach impacting on the meaningful ability to prioritise the case types that I have just mentioned.
In September 2013 my predecessor signed into law by way of Regulations, a package of proposals from the Board for the revision of the financial eligibility and contributions provisions governing the granting of civil legal aid including a reduction in the capital eligibility threshold for legal services and increases in the contributions payable by most persons seeking legal services. These provisions should have some impact, on the resources available to the Board. I can inform the Deputy that, in response to the changed environment the Board has taken steps to try and improve the efficiency and effectiveness of the delivery of its legal services. Those steps include the following:
- A ‘triage’ approach to service delivery is being piloted, the aim of which is that every applicant gets to see a solicitor within a period of one month for the purpose of getting legal advice. If the applicant requires further services they remain on the ‘waiting list’;
- In August 2012 the Board introduced a new case management system in its law centres which will deliver efficiencies in terms of administration as well as to the delivery of legal services. It will take time for the full benefits of this system to materialise;
- In November 2011 responsibility for the management and administration of the State funded Family Mediation Service was transferred to the Board. A key reason for this transfer was to improve the synergies between the family mediation services and the State funded civil legal aid services (most of the demand for legal services is in the area of family law);
- The Board has maintained a high level of usage of private solicitors for family law cases in the District Court;
- The Board continues to engage with other key players in the justice / legal area such as the Courts Service and the Child and Family Agency, with a view to trying to ensure that State funded resources that impact on its area of business are used to best effect.
Details concerning waiting times and case types, provided by the Legal Aid Board, are set out in the attached appendices. Waiting times for legal services as of the 1 July 2014 are set out on a law centre by law centre basis in Appendix I. Most of the Legal Aid Board’s law centres operate a ‘triage’ approach which involves giving an applicant a short consultation (45 minutes) for legal advice. Those persons remain on the Board’s waiting list if they require further legal services. It is not practical to give ‘averages’ as the waiting times fluctuate at each law centre depending on a variety of issues including current court commitments, staff numbers and staff availability. In terms of the case types that are awaiting a service, attached at Appendix II is a breakdown of the case types in respect of persons who have yet to see a solicitor while the breakdown at Appendix III relates to case types in respect of persons who have had a ‘triage’ appointment with a solicitor but are awaiting further services.
Appendix I
Waiting times – 1 July 2014
Waiting times are given in weeks
|
Law Centre |
Part-Time Centre |
Waiting time for a first consultation |
Further waiting time for a second consultation (centres operating triage) |
|
Athlone |
21 |
22 |
|
|
Athlone |
Mullingar |
24 |
20 |
|
Blanchardstown |
- |
33 |
n/a |
|
Castlebar |
- |
30 |
34 |
|
Cavan |
- |
16 |
13 |
|
Clondalkin |
- |
12 |
19 |
|
Cork North |
- |
47 |
15 |
|
Cork South |
- |
56 |
37 |
|
Dundalk |
- |
6 |
n/a |
|
Ennis |
- |
19 |
33 |
|
Finglas |
- |
8 |
21 |
|
Galway Francis St |
- |
23 |
70 |
|
Galway Seville House |
- |
16 |
19 |
|
Gardiner Street |
- |
6 |
44 |
|
Kilkenny |
- Carlow |
3 |
46 |
|
- Kilkenny |
6 |
45 |
|
|
Letterkenny |
- |
12 |
49 |
|
Limerick |
- |
43 |
n/a |
|
Longford |
- |
24 |
27 |
|
Monaghan |
Drogheda |
14 |
n/a |
|
Monaghan |
12 |
n/a |
|
|
Montague Court |
- |
29 |
n/a |
|
Navan |
- |
16 |
22 |
|
Nenagh |
- |
6 |
33 |
|
Newbridge |
- |
24 |
46 |
|
Personal Injuries Unit |
n/a |
n/a |
|
|
Portlaoise |
- |
15 |
40 |
|
Boyle |
5 |
24 |
|
|
Sligo |
Sligo |
5 |
25 |
|
Smithfield |
- |
37 |
14 |
|
Tallaght |
- |
35 |
40 |
|
Tralee |
- |
34 |
n/a |
|
Tullamore |
- |
22 |
n/a |
|
Waterford |
- |
33 |
n/a |
|
Wexford |
- |
40 |
23 |
|
Wicklow |
- |
24 |
n/a |
Appendix II
Appendix III
591. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of deportation orders relating to non-nationals who have served prison services here that have not been executed broken down by year of release from prison; the reason these deportation orders were not executed in view of the risk to society here by not executing the orders, broken down by category of crime such as homicide, causing serious bodily harm, burglary and so on; and if she will make a statement on the matter. [32512/14]
View answerI am advised by INIS that records are not maintained in a manner such as would allow the numbers of deportation orders made in respect of third country national persons who have served a prison sentence in this State to be dis-aggregated from all deportation orders made. However, I can say that in total over 1,700 Deportation Orders and 160 Removal Orders were made last year.
592. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which all outstanding documentation required to facilitate application for naturalisation has been received in the case of a person (details supplied) in Dublin 15; if the issues relating to fines have been satisfactorily explained; and if she will make a statement on the matter. [32579/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy. 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 documentation requested has been received and the application is at an advanced stage of processing. The person concerned will be informed of my decision in due course. 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.
593. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress in the determination of eligibility for stamp 4-naturalisation in the case of a person (details supplied) in County Longford; and if she will make a statement on the matter. [32582/14]
View answerThe person concerned is a sibling of an Irish born citizen child born in the state prior to 1 January, 2005, whose parents were granted permission to remain in the State in 2005, under the revised arrangements applicable to the non-EEA national parents of Irish born citizen children born in the State before 1 January, 2005, more commonly known as IBC/05 Scheme. The person concerned was granted permission to remain in the State on a stamp 3 basis, by the Garda National Immigration Bureau (GNIB), in line with her father's permission on 18 December, 2012. Her permission is currently valid until 10 June, 2016. The person concerned may make a written application for an upgrade of her current permission to remain in the State to the Irish Naturalisation and Immigration Service (INIS) PO BOX 10003, Dublin 1. She should enclose her original passport, her original birth certificate, two passport size photos (signed on the back), and letter from school/college to prove continuous residency in the state with her application. Upon receipt of the appropriate documentation, her case will be examined by the relevant officials in the INIS and a decision communicated to her in due course. I am advised by the INIS of my Department that a valid application for a certificate of naturalisation has been received on behalf the person concerned.
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. I am informed that this application is now at an advanced stage of processing and the applicant will be informed of my decision in due course. Queries in relation to the Status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.
594. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in respect of residency status-determination of eligibility for naturalisation in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [32587/14]
View answerI refer the Deputy to my reply to Parliamentary Question No. 567 of 30 April, 2014 which is set out below. The position is unchanged since then:
I am informed by the Irish Naturalisation Immigration Service (INIS) of my Department that the parents of the person concerned were granted permission to remain in the State in 2001 under the arrangements then in place for the non-EEA national parents of Irish born citizen children. The person concerned was granted permission to remain in the State for one year, on a stamp 4 basis on 23 January, 2014 by the relevant officials in the INIS. This positive decision was communicated to her by letter issued by registered post on 23 January, 2014. I have been informed by the Garda National Immigration Bureau (GNIB), that the person concerned belatedly presented to GNIB for registration on 15 April, 2014. 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 concerned.
Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.
595. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status-eligibility for stamp 4/naturalisation in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [32588/14]
View answerAs the Deputy is aware, if the person has made an application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they are in the protection process. The question of residency status or entitlement to naturalisation does not arise at this time in the case of the person whose details were supplied.
596. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status eligibility for stamp 4naturalisation/permission to remain on humanitarian grounds in the case of a person (details supplied) in Dublin 2 [32594/14]
View answerThe person concerned arrived in the State on 5 December 2007, and applied for asylum. Following due consideration, his asylum application was refused, and he was notified of this refusal on 28 September 2009. The person concerned submitted an application for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 of 2006 ('The Regulations'), together with written representations against the making of a Deportation Order in his case, on 19 October 2009. The person concerned was notified on 11 April 2011 that his application for Subsidiary Protection had been refused. Further, the person concerned was notified on 9 June 2011 that a Deportation Order had been signed in respect of him on 25 May 2011. Judicial Review proceedings challenging these decisions were instituted on 6 July 2011 and are still ongoing. In the circumstances, as the matter is sub judice, I do not propose to comment further.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
597. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if provision may be made to facilitate application for naturalisation in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [32598/14]
View answerOfficials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of a current 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.
598. Deputy Michael McGrath asked the Minister for Justice and Equality her plans to change the rules governing the insolvency service given the low uptake so far and the fact that certain banks have said they will veto any deal that involves a write down of mortgage debt; and if she will make a statement on the matter. [32617/14]
View answerThe enactment of the Personal Insolvency Act in December 2012, and the establishment of the Insolvency Service of Ireland in March 2013, constituted a far-reaching, substantial and comprehensive reform of our insolvency and bankruptcy law. While the volume of cases processed by ISI up until now falls short of expectations, the caseload continues to increase month on month, as debtors become familiar with the solutions available to them. To date, almost 1000 applications have been made to the ISI and almost 200 cases have already reached a successful conclusion. There have been 164 bankruptcies so far this year. Up to 61% of residual debt has been written off in some cases involving secured debt and over 80% of debt was written off in cases of unsecured debt. So far this year, the ISI is dealing with over €0.5 billion of debt, and it expects the increase in cases to continue over the coming months. The ISI has now published a Debt Settlement Arrangement Protocol which it developed in conjunction with the key stakeholders and which is expected to result in the faster development of proposals, faster acceptance by creditors and higher acceptance rates by creditors, as happened in England and Wales when a similar Protocol was introduced there some years ago. The ISI is currently working on developing a similar Protocol for the Personal Insolvency Arrangement (PIA), which it hopes will be agreed later this year and again, this should facilitate a more efficient and streamlined process. In addition, I understand that the ISI will be launching an information campaign later this year in an effort to reach out to those struggling with debt and make it clear to them that there is a solution for everyone. I will continue together with the ISI to keep its effectiveness under careful ongoing review and to address any issues that are required to be addressed.
599. Deputy Michael McGrath asked the Minister for Justice and Equality the number of prosecutions taken and convictions secured in respect of illegal moneylending activity in recent years; the penalties that applied on those convictions; the penalties available in law on conviction; and when the most recent conviction took place for such activity in an Irish court. [32631/14]
View answerI wish to advise the Deputy that the regulation of money lending is provided for by way of a number of pieces of legislation. Legislative provisions relating to the regulation of money lending are provided for in the Consumer Credit Act 1995, which is the responsibility of the Minister for Jobs, Enterprise and Innovation. Under the 1995 Act, unlicensed money lending is an offence. Persons who engage in money lending and who do not hold the necessary licence granted by the Central Bank are committing an offence under section 98 of the Act. A person who is guilty of an offence under the Act is liable, on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 5 years or both. There are also a number of provisions in the criminal law which may be of relevance in particular circumstances, for example, sections 10 and 11 of the Non-fatal Offences against the Person Act 1997 and section 17 the Criminal Justice (Public Order) Act 1994 provide for offences relating to harassment, extortion and demanding money with menaces. An Garda Síochána is the investigative agency responsible for the investigation of allegations of unlicensed money lending. These investigations are conducted at a local level. The Garda Bureau of Fraud Investigation can and does assist in such investigations, as requested.
I am advised by the Garda authorities that prior to May 2013 there was no specific Pulse incident category available to capture investigations into unlicensed money lending but I am informed that the Pulse system has now been subsequently enhanced to reflect a new incident type to record such offences. I am further informed that details on any conviction related to illegal moneylending activity prior to this date would require a manual analysis of the Garda Pulse system which would require a disproportionate expenditure of Garda resources. I am also advised that since May 2013 there have been no prosecutions for illegal moneylending activities but An Garda Síochána has indicated that there are three investigations into illegal moneylending activities currently underway. Two investigations are still ongoing and in relation to the third investigation, a file has been sent to the Director of Public Prosecutions seeking directions to charge. I would, of course, also encourage those who may have information concerning the operation of unlicensed money lenders in particular circumstances to make that information available to An Garda Síochána who will take all measures open to them to enforce the law in this area.
Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and the Minister has no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of statistics. The Courts Service has indicated that it is not in a position to provide statistics relating to convictions on illegal moneylending activity. I have asked the Courts Service to review the position in that regard.
600. Deputy Michael McGrath asked the Minister for Justice and Equality her views regarding the recent upsurge in the level of heroin seizures in Cork city and county; the response to this growing problem. [32635/14]
View answerI have requested a report from the Garda authorities in relation to this matter and I will further advise the Deputy in this regard when the report is to hand.
601. Deputy Michael McGrath asked the Minister for Justice and Equality the number of applications received and approved to date under the immigrant investor programme and the start up entrepreneur scheme; and if she will make a statement on the matter. [32678/14]
View answerTo date, thirty applications for the Immigrant Investor Programme have been received by the Department of Justice and Equality. Twenty six of those applications have been approved and there are currently four applications under consideration. Forty four applications for the Start-up Entrepreneur Programme have been received by the Department of Justice and Equality. Twenty one of those applications have been successful and eleven applications are currently under consideration. Of the remaining applications, two applicants withdrew from the process while the remaining ten applications were not deemed to meet the criteria for acceptance on to the programme.
602. Deputy Róisín Shortall asked the Minister for Justice and Equality the number of applications and renewals that were granted for each of the past ten years to non-EEA applicants who sought permission to study and work here under language, non-degree and degree programmes; and if she will provide this information in tabular form. [32704/14]
View answerReliable statistics for the information sought by the Deputy are only available from the year 2009. These statistics represent the March snapshot from the GNIB system for each of the years indicated.
|
Year |
New Registration |
Registration Renewed |
Total |
|
March 2009 |
10598 |
23959 |
34557 |
|
March 2010 |
8427 |
24466 |
32893 |
|
March 2011 |
9928 |
23296 |
33224 |
|
March 2012 |
10885 |
20512 |
31397 |
|
March 2013 |
15115 |
16341 |
31456 |
|
March 2014 |
18279 |
18509 |
36788 |
|
Year |
March 2009 |
March 2010 |
March 2011 |
March 2012 |
March 2013 |
March 2014 |
|
English Language |
10379 |
8057 |
9272 |
8802 |
9454 |
14081 |
|
Non-Degree |
8892 |
10206 |
9921 |
6285 |
3172 |
3444 |
|
Degree |
13415 |
12888 |
12730 |
12856 |
13854 |
15008 |
|
Second Level |
1028 |
991 |
1301 |
1073 |
819 |
690 |
|
Other* |
843 |
751 |
- |
2381 |
4157 |
3565 |
|
Total |
34557 |
32893 |
33224 |
31397 |
31456 |
36788 |
* NB "Other" includes accountancy students, students on the graduate scheme, timed out students (from 2011) and students on the 2004 Student Probationary Extension (from 2012). Following the commencement of the New Immigration Regime for Full-Time non-EEA students on 1 January 2011, all students were categorised as either language, non-degree programme, degree programme or second level. From 2012 onwards the "Other" category captures timed-out students and students on the probationary extension.
603. Deputy Martin Heydon asked the Minister for Justice and Equality the way the concerns of unmarried fathers who have no automatic rights to guardianship are being dealt with; the role her Department has to address those concerns; the way future legislation will be able to assist; and if she will make a statement on the matter. [32708/14]
View answerThe law as it stands provides two routes for a non-marital father to obtain guardianship in relation to his child. Where the child's mother is in agreement, she and the father can jointly make a statutory declaration (referred to in section 2(4) of the Guardianship of Infants Act 1964, as amended by the Children Act 1997) appointing him as a guardian of the child. If the child's mother is not in agreement, the father can apply to court for appointment as a guardian under section 6A of the Guardianship of Infants Act, as inserted by the Status of Children Act 1987. Notably, in the vast majority of applications determined by the courts, the father is appointed a guardian.
The General Scheme of the Children and Family Relationships Bill also includes additional provisions under which many non-marital fathers would become guardians of their children on an automatic basis. This will be determined on the basis of living together with the child's mother. I am considering what further amendments may be required to these policy proposals to ensure that non-marital fathers who have a family life with their children and the children's mother can be guardians of their children without the need for further specific action on their part.
604. Deputy Róisín Shortall asked the Minister for Justice and Equality the procedure for the approval of language and other colleges catering for non-EEA students; the number and names of such colleges; the number of student places in each case and the systems in place to ensure that these are bona fide colleges. [32731/14]
View answerAny public or private sector college wishing to recruit non-EEA national students must apply to have the relevant courses listed on the Internationalisation Register. Quality and Qualifications Ireland (QQI) has administered the Internationalisation Register on behalf of the Department of Justice and Equality and the Department of Education and Skills. The Internationalisation Register is publicly available and may be viewed at www.intregister.ie. The Internationalisation Register is the register of education courses which comply with minimum standards relating to alignment, accreditation and, in the case of language courses, minimum learning hours for students. It is used by the Irish Naturalisation and Immigration Service (INIS) as a reference for considering visa and residency applications from non- EEA applicants wishing to study in Ireland on a full-time basis. The Department of Education and Skills and QQI have advisory roles in identifying appropriate criteria for the inclusion of programmes in the register as well as assessing whether academic courses that apply for admission to the register fit the minimum standards.
INIS administers the immigration regime for non-EEA national students attending education courses in Ireland. INIS performs this function to support the objectives of the Government for developing international education as outlined in the Minister for Education and Skill’s document Investing in Global Relationships: Ireland’s International Education Strategy. The function of INIS in relation to colleges that recruit non-EEA national students is to ensure that they comply with the immigration conditions outlined in Guidelines for Colleges offering courses to Full Time Non-EEA Students (available since August 2011 and published on the INIS webpage www.inis.gov.ie). These immigration conditions include full compliance with inspections carried out by the relevant authorities i.e.Garda National Immigration Bureau (GNIB) inspections, INIS inspections and inspections carried out by the relevant educational authorities.
I would advise the Deputy that the regulatory approach has, thus far, been one that has favoured competition and has minimised the barriers to entry. The assumption has been that providers are reputable unless demonstrated to be otherwise and no track record as an educator has been required. While this approach facilitates competition, it is a major contributory factor to the recent problems in the international education sector caused by the behaviour of some private sector colleges. My officials, and their counterparts in the Department of Education and Skills, have had concerns on the effectiveness of certain aspects of the current regime for some time. The introduction of the International Education Mark (IEM), as provided for in the Qualifications and Quality Assurance (Education and Training) Act 2012, was intended as the vehicle to address many of these issues. In advance of the introduction of the IEM the Government is considering additional proposals that will provide for a comprehensive amendment of the regulatory framework and, in conjunction with the IEM, will further enhance our quality agenda.
605. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form a detailed breakdown of the name and number of ministerial special advisers in her Department; their annual remuneration; and if she will make a statement on the matter. [32750/14]
View answer616. Deputy Sean Fleming asked the Minister for Justice and Equality if she will provide full details, including salary, of every appointment she has approved since coming into office of special advisers under her remit; the salary cap that is in place with respect to special adviser appointments; the number of appointments she has approved with salary in excess of the cap; and if she will make a statement on the matter. [32898/14]
View answerI propose to take Questions Nos. 605 and 616 together.
In my capacity as Minister for Justice and Equality I have appointed three Special Advisors as set out in the table below. Each is paid at the Principal Officer standard scale on a pro-rata basis to a full time officer where appropriate.
|
Special Advisor |
Full Time Equivalent |
Salary |
|
Marion Mannion |
1 |
€75,647 - €92,550 |
|
Niamh Connolly |
0.5 |
€75,647 - €92,550 |
|
William Lavellle |
0.5 |
€75,647 - €92,550 |
The salaries of my Special Advisors are in accordance with the applicable pay scales as set down by the Department of Public Expenditure and Reform in June 2013.
