Written Answers Nos. 642-677
642. Deputy Olivia Mitchell asked the Minister for Justice and Equality if she will ensure that young asylum seekers with opportunities for further education are not deprived of such opportunities due to their forced relocation; and her views on the two cases reported in a newspaper (details supplied) on 30 August 2014. [33926/14]
View answerThe Reception & Integration Agency (RIA) is a functional unit of the Irish naturalisation & Immigration Service (INIS) of my Department and is responsible for the accommodation of asylum seekers under the government policy of direct provision and dispersal. Currently, 4,311 persons are residing in 34 asylum accommodation centres under contract to RIA.
The article in question did not identify the individual asylum seekers and in the absence of any specific information I am not in a position to comment further on the matter. If the Deputy is in a position to provide any further information on the young people involved I may be in a position to comment on this issue further.
643. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for leave to remain in the case of a person (details supplied) in Dublin 8; if she will consider this application on humanitarian grounds; and if she will make a statement on the matter. [33954/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned have submitted written representations.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, in advance of final decisions being made.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.
644. Deputy John Paul Phelan asked the Minister for Justice and Equality the measures in place regarding the transcribing of EU directive concerning minimum rights for the victims of crime, 2012/29/EU, into Irish Law; the timeframe for such legislation; and if she will make a statement on the matter. [33962/14]
View answerThe Directive, which covers all victims of crime, is due to be implemented by the Member States by the 16th of November 2015. I believe that the provisions of the Victims of Crime Directive will strengthen supports to victims of crime in Ireland. Work is continuing in the Justice system to put appropriate arrangements in place to give effect to the provisions of the Directive.
My Department is drafting legislation to transpose the Directive into Irish law and I expect that the Heads of a Bill will be published by the end of this year. It is my intention to have legislation enacted to comply with the Directive by the November, 2015 deadline contained in the Directive.
645. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she will take the persecution of minority groups into consideration when issuing visas to those coming from Iraq and Syria. [33992/14]
View answerIt is open to any visa required national to make a visa application for any purpose, the onus resting on the applicant to satisfy the visa officer as to why a visa should be granted in a particular case. All information that the applicant wishes to have taken into consideration should be submitted with their application.
The Deputy will, however, be aware that our visa system is not a protection system. Any person who arrives at the frontiers of the State seeking asylum in the State, or seeking the protection of the State against persecution, or requesting not to be returned or removed to a particular country, or otherwise indicating an unwillingness to leave the State for fear of persecution can apply to the Minister for a declaration that they are a refugee. Applications for asylum in the State are investigated and determined by the Office of the Refugee Applications Commissioner in accordance with the Refugee Act 1996. The vast majority of Syrians who have applied for asylum in Ireland since the outbreak of the conflict in Syria in 2011 have been declared to be refugees. The recognition rate for Iraqi nationals is also comparatively high.
Our in-country protection system is supplemented by our commitment to the UNHCR resettlement programme. In the case of Syria I would point out that the Government has already committed to accept 90 persons displaced by the Syrian conflict under this programme. This will include four serious medical cases whose medical needs cannot be met except through resettlement. In addition, the Syrian Humanitarian Admission Programme (SHAP), which was introduced following an approach by members of the Syrian community in Ireland, is intended to offer temporary Irish residence - rather than refugee status - to vulnerable persons present in Syria, or who have fled from Syria to surrounding countries since the outbreak of the conflict in March 2011, and who have close family members residing in the State.
The Programme allowed naturalised Irish citizens of Syrian birth and Syrian nationals already lawfully resident in the State to make an application for vulnerable close family members to join them in Ireland. All applications received are being examined based on the criteria set out in the programme, a key condition of which is that these persons should not become a burden on the State. Beneficiaries who are admitted under the SHAP programme will be granted permission on a temporary basis for up to two years. This Programme is an additional initiative in response to the crisis in Syria and is without prejudice to other avenues whereby Syrian nationals might lawfully enter the State, such as family reunification for the family members of refugees and persons with subsidiary protection. Such other avenues are of course also open to Iraqi nationals.
The Deputy may be aware that the Minister for Foreign Affairs and Trade and I have been discussing the ways in which Ireland can offer refuge to a number of families who have seen their lives devastated by the appalling violence and oppression in Iraq. We are both anxious that Ireland plays its part and I have agreed that Ireland will provide refuge to a number of families fleeing the violence being perpetrated by ISIS in Northern Iraq. The details of the arrangements to be put in place for this purpose are under consideration having regard to the experience to date in relation to the SHAP.
646. Deputy Sean Fleming asked the Minister for Justice and Equality the number of administrative arrangements, as opposed to contracts for service, to which her Department is a party; if she will provide in tabular form the party or parties to the administrative arrangement; the duration of these administrative arrangements; the cost recovery value of these administrative arrangements; and if she will make a statement on the matter. [34007/14]
View answerI regret to inform the Deputy that I am not in a position to provide the information he is seeking as it is unclear as to what precise information is required. Should the Deputy provide further details as to the information sought I will be happy to try to be of assistance.
647. Deputy Clare Daly asked the Minister for Justice and Equality if she will provide a breakdown of the annual number of deportation orders issued; and the corresponding number of deportation orders executed for each of the past ten years. [34026/14]
View answer650. Deputy Joe Higgins asked the Minister for Justice and Equality the number of deportation orders issued to citizens of states to which the State will not return people; and if she will provide a breakdown of the figures for each state for the years 2011, 2012, 2013 and to date in 2014 and for each state. [34073/14]
View answer680. Deputy Ruth Coppinger asked the Minister for Justice and Equality the number of persons under 18 years of age who have been issued with deportation orders in the years 2011, 2012, 2013, and to date in 2014. [34611/14]
View answer681. Deputy Ruth Coppinger asked the Minister for Justice and Equality the number of persons under 18 years of age who were born on the island of Ireland who have been issued with deportation orders in the years 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013 and to date in 2014. [34612/14]
View answerI propose to take Questions Nos. 647, 650, 680 and 681 together.
A Deportation Order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to Deportation Orders.
In determining whether to make a Deportation Order, I must have regard to the factors set out in Section 3 (6) of the Immigration Act, 1999, as amended, and Section 5 (Prohibition of Refoulement) of the Refugee Act, 1996, as amended.
This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a Deportation Order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.
The matter of effecting removals from the State is a very complex area and there are many reasons why Deportation Orders may not be enforced. Among these reasons are Judicial Review proceedings taken in the lead up to and often immediately prior to deportation and issues procuring travel documents for certain countries. However, there is no list of countries that the State will not deport to and each individual case is considered on its own merits.
There is no direct correlation between the numbers of Deportation Orders issued and those executed in any particular year. Since 2009 over 14,000 Orders were made with over 1,500 persons removed during the same period. It should also be noted that a Deportation Order requires a person to remove themselves from the State (which occurs in many cases) and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law.
With regards to persons under the age of 18 years, who were born in the Ireland of Ireland it should be recalled that over 10 years ago a claimed right to reside in Ireland based solely on the birth of a child in Ireland had come to be used as a method of attempting to circumvent normal immigration controls. In order to address these concerns, a referendum was held in June 2004 to amend the citizenship provisions in the Constitution which was overwhelmingly carried. This allowed the Oireachtas to deal with the issue of citizenship for children of non-national parents and the Irish Nationality and Citizenship Act 2004 was enacted. This complicates the issue of right to remain for persons under 18, depending on whether they were born before or after the legislative changes. However, I can say that it is the aim wherever possible to deal with family units together.
I am advised by the Irish Naturalisation and Immigration Service that, having examined in detail the request for detailed breakdowns of deportation orders made in respect of persons under 18 (born in the island of Ireland) or otherwise, it is not be possible to provide the figures requested. Attempting to do so would mean matching and cross-matching a large number of data sources in such a way that the veracity and reliability of the resulting statistics could not be guaranteed. In addition, carrying out such an exercise would have a significant impact on the ability of a number of processing units to carry out their day to day work and would divert resources away from the processing of individual cases which is my priority.
648. Deputy Brendan Griffin asked the Minister for Justice and Equality her views on a matter regarding legal protection in place to defend home owners (details supplied) in County Kerry; and if she will make a statement on the matter. [34037/14]
View answerThe first recourse of any householder faced with an intruder should be, where circumstances permit, to the Garda Síochána. They are best placed to deal with such offenders and to investigate offences.
The Criminal Law (Defence and the Dwelling) Act 2011 addresses those unfortunate situations where a householder comes face to face with an intruder and clarifies the law concerning defence of the home. It recognises in a very practical manner the special constitutional status of an individual’s dwelling and makes it clear that a person may use reasonable force to defend themselves in their home. It allows for the use of such force as is reasonable in the circumstances, to protect people in the dwelling from assault, to protect property, to prevent the commission of a crime, or to make a lawful arrest.
The Act -
- extends the right to use such reasonable force to the curtilage of the dwelling,
- explicitly provides that a person attacked in the home is not required to retreat, and
- provides that a person who uses such reasonable force cannot be sued by a intruder in respect of any injury, loss or damage arising from it.
Section 2 of the Act sets out the criteria for use of reasonable force by a householder against an intruder entering the dwelling with criminal intent. The householder must believe that the intruder has entered the dwelling to commit a criminal act. The force used against the intruder must only be such as is reasonable in the circumstances as the householder believes them to be, to protect people in the dwelling from assault, to protect property, to prevent the commission of a crime or to make a lawful arrest. Section 2(4) provides that it is a matter for a court or jury to decide whether the householder's belief with regard to the amount of force used was honestly held and provides as follows:
It is immaterial whether a belief is justified or not if it is honestly held but in considering whether the person using the force honestly held the belief, the court or jury, as the case may be, shall have regard to the presence or absence of reasonable grounds for so believing and all other relevant circumstances.
The Act achieves the correct balance in providing protections to the householder.
649. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the residency status in the case of a person (details supplied) in County Laois; and if she will make a statement on the matter. [34047/14]
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.
651. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in the case of a person (details supplied) in Dublin 2; and if she will make a statement on the matter. [34090/14]
View answerThis applicant arrived in the State on 2 October 2005, having been granted a study visa, before applying for asylum on 6 November 2006. His wife entered the State on 21 May 2005, and claimed asylum on the same date, and she gave birth to a child on 6 August 2006, on whose behalf asylum was claimed on 2 October 2007.
The applicant's claim for asylum was refused on 22 January 2009. The applicant's wife was also refused asylum, on 5 March 2008. The asylum claim of the aforementioned child born in the State was also refused, on 26 January 2009.
An application for subsidiary protection was submitted on behalf of the applicant and the aforementioned child on 12 February 2009, with representations against the making of Deportation Orders in their case having been submitted on the same date. A subsidiary protection application and representations against the making of a Deportation Order were submitted on behalf of the applicant's wife on 14 March 2008. The applicant, his wife and his aforementioned child were all notified on 29 October 2010 that their applications for subsidiary protection had been refused. Deportation Orders were signed in respect of the applicant, his wife and his aforementioned child on 5 November 2010.
A second child was born in the State to the Applicant and his wife, on 12 January 2010. An asylum claim was made on behalf of this child on 6 December 2010. This claim was refused on 10 June 2011. An application for subsidiary protection, together with representations against the making of a Deportation Order, were submitted on behalf of this child on 8 July 2011. This child's application for subsidiary protection was refused on 1 October 2012, and a Deportation Order was signed in respect of her on 19 October 2012.
Judicial review proceedings were initiated in the High Court on 9 November 2011, on behalf of the applicant, his wife and his first child born in the State, seeking to challenge, among other things, the decision to refuse their applications for subsidiary protection and the decision to make Deportation Orders in respect of them. Further judicial review proceedings were initiated in the High Court on 25 January 2012, on behalf of the applicant's second child born in the State, with similar issues being challenged. As these matters are sub judice, I do not propose to comment any 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.
652. Deputy Ruth Coppinger asked the Minister for Justice and Equality her views on the report, "What's food got to do with it: food experiences of asylum seekers in direct provision", published by Nasc; and the steps she will take to introduce self-catering and-or access to cooking facilities for those in direct provision accommodation. [34094/14]
View answerThe Reception & Integration Agency (RIA) is a functional unit of the Irish Naturalisation & Immigration Service (INIS) of my Department and is responsible for the accommodation of asylum seekers under the government policy of direct provision and dispersal. Currently, 4,311 persons are residing in 34 asylum accommodation centres under contract to RIA.
I am aware of the NASC publication earlier this year entitled "What's food got to do with it: Food experiences of Asylum Seekers in Direct Provision". The report in question indicates that the study was based on one to one interviews with twelve asylum seekers which were later analysed using interpretative analysis. The report accurately recounts the various means by which RIA seeks to ensure food quality and variety in centres: contractual obligation to provide varied menus and menu cycles, complaints procedures, independent inspections and so on - details of which have been given in previous replies to Dáil questions on this subject. But the report then goes on to say that the research indicates that many of these rules and conditions were not being met. I am advised by RIA that a very strong emphasis is placed on food provision in the Direct Provision system and neither the independent inspection reports (which are published on the RIA website www.ria.gov.ie) nor the engagement of other State bodies outside the Department of Justice and Equality - such as the HSE, Public Health Nurses and Environmental Health Officers - would support the contention that the above conditions are not being met.
The Direct Provision system has, of necessity, only a small number of self catering facilities and the provision of communal cooking areas is not part of the Direct Provision remit of RIA and would, in any event, involve considerable structural change to its current contracted portfolio all of which would involve revised planning permission. Nonetheless, the report will inform RIA in its continuous attempt to improve conditions in centres.
I should also mention in this context that the Statement of Government Priorities 2014-2016 includes a commitment to "...establish an independent Working Group to report to Government on improvements with the protection process, including Direct Provision and supports for asylum seekers". My intention is to proceed with the establishment of that Working Group in the near future whose mandate will include reporting back to Government on improvements in relation to direct provision. I am, in advance of the Working Group, holding a Round Table on 19 September to provide non-governmental organisations active in the field of asylum the opportunity to outline the key issues for them in relation to the State's current arrangements for asylum seekers, probably including food provision. I also intend to use the outcome of that meeting to inform the terms of the Working Group.
653. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she will end the practice of curfews in direct provision accommodation; and her views on whether such a practice is contrary to the dignity and autonomy of residents. [34095/14]
View answerThe Reception & Integration Agency (RIA) is a functional unit of the Irish Naturalisation & Immigration Service (INIS) of my Department and is responsible for the accommodation of asylum seekers under the government policy of direct provision and dispersal. Currently, 4,311 persons are residing in 34 asylum accommodation centres under contract to RIA.
RIA's House Rules and Procedures provides for a limit on the times when a visitor can be in the centre and this is plainly necessary for the good order of the centre. Otherwise, there are no 'curfews' in accommodation centres for asylum seekers.
654. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency status in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [34129/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 15th July 2011, and therefore he has no entitlement to residence in the state.
Representations were received from the persons' legal representative asking that the Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). This applicant is under consideration at present. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.
The effect of a Deportation Order is that the person concerned must leave the state and remain thereafter outside the State. The enforcement of Deportation Orders is an operational matter for the Garda National Immigration Bureau.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.
655. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding a matter (details supplied) in relation to asylum seekers; and if she will make a statement on the matter. [34137/14]
View answerThe recently published Statement of Government priorities 2014-2016 includes the commitment to introduce a separate Protection Bill to establish a single application procedure for the investigation of all grounds for protection. This reform will simplify and streamline existing arrangements and provide applicants with a final decision on their protection application in a more straight forward and timely fashion and will also, as a consequence, reduce the length of time that applicants spend in the direct provision system. It is intended to have the new legislation published and enacted by April 2015.
The Government has also committed to establish an independent Working Group to report to Government on improvements with the protection process and supports for asylum seekers. The working group will be established in the near future and it is expected that it will report to Government by year end.
656. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the amount of money seized by the Criminal Assets Bureau since its inception, broken down by region; and the way this money has been spent. [34144/14]
View answerI can inform the Deputy that all monies recovered by the Criminal Assets Bureau under its statutory remit are returned to the Exchequer.
Such monies are not earmarked for any specific expenditure programme. The monies are paid into the Government's Central Fund, from which the Government draws for expenditure on all necessary public services and investment.
As the Bureau operates with a national remit, no regional breakdown of funds seized is available.
Details of the total monies returned to the Exchequer for the years 1996 to 2013 inclusive is being collated and will be provided directly to the Deputy.
Further information concerning the activities of the Bureau are published in the Annual Reports of the Bureau which are made available on the websites of the Department of Justice and Equality (www.justice.ie) and An Garda Síochána (www.garda.ie).
657. Deputy Olivia Mitchell asked the Minister for Justice and Equality if her examination of key policy, legislative, administrative and other issues relating to firearms licensing will affect the licensing of CCTV monitoring centres that is due to come into effect on 1 November 2014; and if she will make a statement on the matter. [34151/14]
View answerI can inform the Deputy that the current review of key issues relating to firearms licensing will not affect arrangements for the licensing of CCTV monitoring centres. From 1 November 2014 those contractors who provide a CCTV monitoring centre service will require a licence from the Private Security Authority (PSA). The PSA is an independent agency under the remit of my Department established under the Private Security Services Acts, 2004 and 2011. It is the regulatory body with responsibility for regulating and licensing the private security industry.
I am aware that the Deputy raised questions previously in relation to a Firearms Regulation, namely the Firearms (Secure Accommodation) Regulations, S.I. 307 of 2009. These Regulations set out minimum standards governing the secure storage of licensed firearms in the home. Consultations with An Garda Síochána and the PSA, in relation to issues previously raised by the Deputy regarding jamming devices being used to neutralise the effectiveness of alarms supported by GSM, are nearing conclusion. I hope to be in a position to finalise regulations to address these issues with the Office of the Attorney General in the near future.
658. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) in relation to a personal pension plan; and if she will make a statement on the matter. [34174/14]
View answerI am informed that this complex matter remains under Garda investigation and on completion of enquiries an investigation file will be submitted to the Director of Public Prosecutions for direction.
The Deputy will appreciate that in these circumstances it would not be appropriate for me to comment further at this time.
659. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding an investigation (details supplied); and if she will make a statement on the matter. [34178/14]
View answerI am aware that there has been correspondence on this matter over a considerable period of time.
If the individual at the centre of these allegations now wishes to write to me setting out clearly the nature and basis of his concerns, I am prepared to consider referring the matter for review under the mechanism established, following a Government decision, for the independent review by counsel of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to myself or to the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case.
660. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 388 of 01 July 2014, the number of young people under 18 years of age, with a breakdown on a monthly basis, who have been on remand in St. Patrick’s Institution from 30 June 2014 to date; and the current status of plans to put alternative arrangements in place to detain remand prisoners under 18 years of age in detention facilities other than St. Patrick’s Institution. [34289/14]
View answerThe Irish Prison Service publishes on its website (www.irishprisons.ie) prisoner population figures for all institutions on a daily basis. The number of those under 18 year years of age remanded in custody to St. Patrick's Institution can change on a daily basis depending on court outcomes.
However I can advise the Deputy that on Wednesday 30th July, 2014, there were two 17 year old children detained at St Patrick's Institution. On Friday 29th August, 2014, there were four 17 year old children detained at St Patrick's Institution.
In line with recommendations of the Inspector of Prisons to effect changes in regime and culture and to ensure the safe and secure custody of juvenile and young adult offenders, a Government decision was taken to close St. Patrick’s Institution and disperse, where possible, 17 - 20 year old prisoners to other locations.
Pending the development of new facilities in Oberstown which are currently under construction, 17 year old children on remand must remain detained at St Patrick's Institution for legal reasons. There are no prisoners including those under 18 years of age serving a sentence in St Patrick's Institution.
661. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of fixed charge penalty notices issued to drivers by An Garda Síochána in the years 2011, 2012, 2013 and to date in 2014 for the offence of driving while using a mobile telephone; the number of these drivers who did not pay the mandatory penalty fixed under the notice within 56 days and were summoned to court; the number of drivers who appeared in court for failure to pay the notice; and the number of these defendants who received a conviction. [34293/14]
View answerI have requested a report from the Garda authorities in relation to the number of fixed charge penalty notices issued to drivers by An Garda Síochána in the years 2011, 2012, 2013 and to date in 2014 for the offence of driving while using a mobile phone; the number of these drivers who did not pay the mandatory penalty fixed under the notice within 56 days and were summoned to court. I will contact the Deputy directly as soon as the report is to hand.
The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have 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 information on the courts system.
However, in order to be of assistance to the Deputy, I have had enquiries made and the table provides details of the number of drivers before the court for driving while using a mobile phone in each of the time periods requested and the number of drivers convicted of the offence in the same period.
|
Year |
No of Drivers summoned to Court |
No of Drivers convicted |
|
2011 |
8,188 |
2,171 |
|
2012 |
7,312 |
2,010 |
|
2013 |
6,340 |
1,777 |
|
Jan – July 2014 |
4,344 |
1,368 |
Note 1: The data in the tables relates to offences prosecuted for driving while holding a mobile during the course of each year.
Note 2: Report is on prosecutions for drivers and some offences may not have been finally disposed of.
Note 3: Driver if prosecuted more than once in the same year only appears once on the report.
662. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of drivers summoned to court to date for the offence of accessing data on a mobile telephone while driving or texting while driving; the number of drivers convicted of this offence in this period; if she will provide a breakdown of the nature of the penalties imposed on drivers who were convicted of the offence. [34294/14]
View answerThe Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have 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 information on the courts system.
The Road Traffic Act 2006 (Restriction on use of Mobile Phones) Regulations 2014, which is the responsibility of my colleague, the Minister for Transport, Tourism and Sport, came into effect on 1 May 2014. The Courts Service has indicated that it is currently not in a position to report on convictions for the offences created under the Regulations, however, in view of the fact that the Regulations only came into effect on 1 May 2014 it considers that it is unlikely that any prosecutions have yet come for hearing before the courts.
663. Deputy Ciara Conway asked the Minister for Justice and Equality the number of persons availing of the direct provision facilities in County Waterford; the numbers who have entered direct provision centres in County Waterford for each of the past ten years; and if she will make a statement on the matter. [34362/14]
View answer664. Deputy Ciara Conway asked the Minister for Justice and Equality the numbers of children currently in direct provision centres in County Waterford; if she will provide a breakdown in tabular form of the number of children according to age and the length of time they have been living in direct provision in County Waterford; and if she will make a statement on the matter. [34363/14]
View answer665. Deputy Ciara Conway asked the Minister for Justice and Equality the number of children born to parents in direct provision centres nationally and in County Waterford over the past ten years; and if she will make a statement on the matter. [34364/14]
View answer669. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of persons in direct provision at present for more than two years, three years, four years, five years, six years, seven years, eight years, nine years and ten years or more; the steps she is taking to ensure that no person is in direct provision for more than two years; and if she will make a statement on the matter. [34502/14]
View answer685. Deputy Olivia Mitchell asked the Minister for Justice and Equality the number of asylum seekers currently resident in direct provision centres; and if she will make a statement on the matter. [34635/14]
View answer692. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of persons in direct provision centres here, with a breakdown of the number of adults and children in each centre, in the years 2012, 2013 and to date in 2014. [34753/14]
View answer693. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will indicate, of the current numbers of persons in direct provision here, the length of time those living in direct provision are awaiting a decision on their application to remain here; if she will provide a breakdown of the number of people living in direct provision for one year, two years, three years, four years, five years, six years, seven years, eight years, nine years and more than ten years. [34754/14]
View answerI propose to take Questions Nos. 663 to 665, inclusive, 669, 685, 692 and 693 together.
The Direct Provision system is managed by the Reception and Integration Agency (RIA) of my Department. For the most part, this represents a cashless system with the State assuming responsibility for providing suitable accommodation for asylum seekers on a full board basis. RIA currently provides full board accommodation and ancillary services to just over 4,300 persons in 34 centres across the State. It is of note that the number of new asylum seekers to date in 2014 is approximately 40% higher than the same period in 2013.
In relation to statistical queries such as these, it is important to state that RIA is keen to provide as much detail as is practicable on the system which it is charged with operating. Extensive statistical information is on its website - www.ria.gov.ie including Annual Reports covering the years from 2007 to 2013 inclusive. These Annual Reports provide a variety of information, including a breakdown of the numbers of adults and children in each direct provision centre and the length of time persons, overall, have been residing in the direct provision system. This is also provided on a centre by centre basis, and the counties in which these centres are located, including Waterford, are identified in these reports.
Information in relation to the number of children born to parents in direct provision is not readily available. RIA will investigation whether this information can be garnered and will convey the information to the Deputy in due course.
In essence, RIA accommodates all those who make a claim for international protection and who seek accommodation until such time as they leave voluntarily; are removed - either by way of deportation or Dublin II transfer; are granted refugee status or subsidiary protection; or are granted leave to remain, either through the process set out in the Immigration Act, 1999 or are granted permission to remain in the State on some other basis. There is therefore no immediate year on year correlation between the numbers residing in direct provision accommodation centres and the number of asylum applications processed. Nonetheless, details of the yearly processing of asylum claims by the Office of the Refugee Applications Commissioner are available on its Annual Reports published on its website - www.orac.ie.
More generally, I acknowledge that the length of time that residents spend in Direct Provision is an issue to be addressed. The Statement of Government Priorities 2014-2016 includes a commitment to reduce the length of time the applicant spends in the system through the establishment of a single applications procedure, to be introduced by way of a Protection Bill as a matter of priority. Moreover, there is a further commitment to establish an Independent Working Group to report to Government on improvements with the protection process, including direct provision and supports for asylum seekers. My intention is to proceed with the establishment of that Working Group in the near future whose mandate will include reporting back to Government on improvements to direct provision. I am, in advance of establishing the Working Group, holding a round table on 19 September to provide non-governmental organisations active in the field of asylum the opportunity to outline the key issues for them in relation to the State's current arrangements for asylum seekers. I also intend to use the outcome of that meeting to inform the terms of reference of the Working Group.
666. Deputy Michael McCarthy asked the Minister for Justice and Equality the procedures, requirements and deadlines for those interested in making a submission to the recently announced direct provision working group; and if she will make a statement on the matter. [34456/14]
View answer667. Deputy Michael McCarthy asked the Minister for Justice and Equality the criteria for selection and when members of the direct provision working group will be selected; and if she will make a statement on the matter. [34457/14]
View answerI propose to take Questions Nos. 666 and 667 together.
The Statement of Government Priorities 2014-2016 provides for the establishment of an independent Working Group to report to Government on improvements with the protection process, including direct provision, and supports for asylum seekers. I plan to establish this group in the near future.
In advance of establishing the group I am convening a roundtable consultation with non-governmental organisations active in the area to enable them to outline the key issues for them in relation to the State's current arrangements for asylum seekers. The output of this consultation will inform in more detail the terms of reference of the working group. The membership of the working group will be considered further following the roundtable consultation.
It will be a matter for the working group when it is established to decide how it will progress its work.
668. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality her policy in relation to more than one prisoner being held in any one cell at any time; the number of prisoners being held in cells with more than one prisoner in them during the past two months; her plans to eliminate this practice; the timescale to achieve this; and if she will make a statement on the matter. [34501/14]
View answerI am advised by the Irish Prison Service that on 1st July 2014, 1,978 prisoners were accommodated in single cells which accounted for almost 50% of all prisoners in custody on that date (4,003). In addition, there were 784 cells which accommodated 2 prisoners, 111 cells which accommodated 3 prisoners and 31 cells which accommodated 4 or more prisoners. As the Deputy will appreciate the Irish Prison Service must accept all prisoners committed by the Courts into its custody and does not have the option of refusing committals. The Deputy will appreciate, that my officials are concentrating on aligning our prisoner population numbers with the Inspector of Prisons' recommendations in those prisons with the highest levels of over-crowding, namely Cork Prison, Limerick Prison and the Dóchas Centre.
It is clear, given the current number of prisoners in custody, that the Irish Prison Service is not in a position to provide single cell accommodation to all prisoners at this time. Single cell occupancy across the system would result in a bed capacity of approximately 3,200 and would not be possible to achieve without releasing sizeable numbers of prisoners considered to represent a threat to public safety. It should be borne in mind that in certain cases prisoners are housed together for reasons other than lack of capacity. Family members and friends often elect or are assigned a shared cell. Shared cell accommodation can be very beneficial from a management point of view particularly for those who are vulnerable and at risk of self-harm.
670. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if a substantive answer will be given to a letter written to her some time ago; and if she will make a statement on the matter. [34538/14]
View answerI wish to advise the Deputy that the correspondence referred to in the question was received by my Department on 26 June 2014 and a detailed response issued on 23 July 2014.
I can also advise the Deputy that a further letter has been received from the same person and a reply is being prepared, which will issue shortly.
671. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of judges appointed to the Supreme Court during each of the years 2010, 2011, 2012, 2013 and to date in 2014; the number of the appointees who were senior counsel; the number who were junior counsel; the number who were solicitors; the number who were promoted from a lower court; the number who were women; the number who were men; and if she will make a statement on the matter. [34580/14]
View answer672. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of judges appointed to the High Court during each of the years 2010, 2011, 2012, 2013 and to date in 2014; the number of the appointees who were senior counsel; the number who were junior counsel; the number who were solicitors; the number who were promoted from a lower court; the number who were women; the number who were men; and if she will make a statement on the matter. [34581/14]
View answer673. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of judges appointed to the District Court during each of the years 2010, 2011, 2012, 2013 and to date in 2014; the number of the appointees who were senior counsel; the number who were junior counsel; the number who were solicitors; the number who were promoted from a lower court; the number who were women; the number who were men; and if she will make a statement on the matter. [34582/14]
View answer674. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of judges appointed to the Circuit Court during each of the years 2010, 2011, 2012, 2013 and to date in 2014; the number of the appointees who were senior counsel; the number who were junior counsel; the number who were solicitors; the number who were promoted from a lower court; the number who were women; the number who were men; and if she will make a statement on the matter. [34583/14]
View answer675. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of judges who were nominated to be judges of the Court of Appeal in 2014; the number of the nominees who were senior counsel; the number who were junior counsel; the number who were solicitors; the number who were promoted from a lower court; the number who were women; the number who were men; and if she will make a statement on the matter. [34584/14]
View answer676. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of Special Circuit Court judges who were appointed to date; the number of the nominees who were senior counsel; the number who were junior counsel; the number who were solicitors; the number who were promoted from a county registrar; the number who were women; the number who were men; and if she will make a statement on the matter. [34585/14]
View answer677. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of judicial appointments in the years 2010 to date in 2014 made following a recommendation by the Judicial Appointments Advisory Board and of those that were not made, the reason the recommendations were not followed; and if she will make a statement on the matter. [34586/14]
View answerI propose to take Questions Nos. 671 to 677, inclusive, together.
The information requested by the Deputy in respect of the number of judicial appointments from 2010 to date in 2014 is set out in the tables.
The Deputy will be aware that, under the Constitution, judges are appointed by the President on the advice of the Government. The current process for the appointment of judges in Ireland is set out in sections 12 to 17 of the Courts and Courts Officers Act 1995 which established the Judicial Appointments Advisory Board.
Under section 16 of the Act, where a judicial office stands vacant or before a vacancy in a judicial office arises, the Advisory Board submits to the Minister for Justice and Equality the names of the persons whom it recommends for appointment. The Minister then brings the names to Government. Section 17 of the same Act provides that these procedures shall not apply where the Government propose to advise the President to appoint a serving judge.
A review of the current procedures for appointment to judicial office is ongoing in my Department and a public consultation was initiated in December 2013. The submissions to the review are currently being given detailed consideration in my Department.
In respect of the Court of Appeal, on 25 February 2014 the Government announced a serving Judge of the High Court, the Hon. Mr. Justice Seán Ryan as President Designate of the Court of Appeal. On 23 July 2014 the Government announced 6 serving judges of the High Court as Judges designate of that Court, of which four were male and two were female. Formal nominations for appointment to the Court of Appeal will take place once the Court has been established.
Six Specialist Judges of the Circuit Court were appointed on 15 July 2013. Applications for these posts were made through the JAAB and eligibility to apply was confined to serving County Registrars. Of the persons appointed as Specialist Judges four were female and two were male.
In addition to the figures in the following tables, there are three vacancies on the High Court to which the Government has made nominations and the appointments are due to be made by the President shortly.
Judges Appointed 2010 to 2014
|
- |
2010 |
2011 |
2012 |
2013 |
2014 |
Total |
|
Supreme Court |
2 |
1 |
2 |
2 |
1 |
8 |
|
High Court |
1 |
2 |
3 |
2 |
6 |
14 |
|
Circuit Court |
2 |
1 |
8 |
7 |
0 |
18 |
|
District Court |
4 |
4 |
9 |
2 |
3 |
22 |
|
Total |
9 |
8 |
22 |
13 |
10 |
62 |
Judges Appointed to the Supreme Court 2010 to 2014 - Former occupation
|
- |
2010 |
2011 |
2012 |
2013 |
2014 |
Total |
|
Junior Counsel |
0 |
0 |
0 |
0 |
0 |
0 |
|
Senior Counsel |
1 |
0 |
0 |
0 |
0 |
1 |
|
Solicitor |
0 |
0 |
0 |
0 |
0 |
0 |
|
Serving Judge |
1 |
1* |
2 |
2 |
1 |
7 |
|
Total |
2 |
1 |
2 |
2 |
1 |
8 |
*Appointment of the Hon. Mrs. Justice Susan Denham as Chief Justice on 25 July 2011
Judges Appointed to the High Court 2010 to 2014 - Former occupation
|
High Court |
2010 |
2011 |
2012 |
2013 |
2014 |
Total |
|
Junior Counsel |
0 |
0 |
0 |
0 |
0 |
0 |
|
Senior Counsel |
1 |
1 |
3 |
2 |
5 |
12 |
|
Solicitor |
0 |
0 |
0 |
0 |
1 |
1 |
|
Serving Judge |
0 |
1 |
0 |
0 |
0 |
1 |
|
Total |
1 |
2 |
3 |
2 |
6 |
14 |
Judges Appointed to the Circuit Court 2010 to 2014 - Former occupation
|
Circuit Court |
2010 |
2011 |
2012 |
2013 |
2014 |
Total |
|
Junior Counsel |
1 |
0 |
2 |
0 |
0 |
3 |
|
Senior Counsel |
1 |
0 |
3 |
0 |
0 |
4 |
|
Solicitor |
0 |
0 |
1 |
0 |
0 |
1 |
|
Serving Judge |
0 |
1 |
2* |
1 |
0 |
4 |
|
County Registrar |
0 |
0 |
0 |
6 |
0 |
6 |
|
Total |
2 |
1 |
8 |
7 |
0 |
18 |
*Includes the appointment of the Hon. Mr. Justice Raymond Groarke as President of the Circuit Court on 13 July 2012
Judges Appointed to the District Court 2010 to 2014 - Former occupation
|
District Court |
2010 |
2011 |
2012 |
2013 |
2014 |
Total |
|
Junior Counsel |
1 |
0 |
1 |
1 |
0 |
3 |
|
Senior Counsel |
0 |
0 |
0 |
0 |
0 |
0 |
|
Solicitor |
3 |
4 |
7 |
1 |
3 |
18 |
|
Serving Judge |
0 |
0 |
1* |
0 |
0 |
1 |
|
Total |
4 |
4 |
9 |
2 |
3 |
22 |
*Appointment of Her Hon. Judge Rosemary Horgan as President of the District Court on 13 July 2012
Judges Appointed 2010 to 2014 - Male/Female Breakdown
|
Year |
Supreme Court |
Supreme Court |
High Court |
High Court |
Circuit Court |
Circuit Court |
District Court |
District Court |
|
M |
F |
M |
F |
M |
F |
M |
F |
|
|
2010 |
2 |
0 |
1 |
0 |
0 |
2 |
2 |
2 |
|
2011 |
0 |
1 |
2 |
0 |
1 |
0 |
2 |
2 |
|
2012 |
2 |
0 |
2 |
1 |
4 |
4 |
6 |
3 |
|
2013 |
0 |
2 |
2 |
0 |
2 |
5 |
1 |
1 |
|
2014 |
1 |
0 |
3 |
3 |
0 |
0 |
0 |
3 |
|
Total |
5 |
3 |
10 |
4 |
7 |
11 |
11 |
11 |
Judges Appointed 2010 to 2014 - JAAB
|
- |
2010 |
2011 |
2012 |
2013 |
2014 |
Total |
|
Supreme Court |
1 |
0 |
0 |
0 |
0 |
1 |
|
High Court |
1 |
1 |
3 |
2 |
6 |
13 |
|
Circuit Court |
2 |
0 |
6 |
6 |
0 |
14 |
|
District Court |
4 |
4 |
8 |
2 |
3 |
21 |
|
Total |
8 |
5 |
17 |
10 |
9 |
49 |
Judges Appointed 2010 to 2014 - Where Section 17 of the Courts and Courts Officers Act 1995 applies
|
- |
2010 |
2011 |
2012 |
2013 |
2014 |
Total |
|
Supreme Court |
1 |
1 |
2 |
2 |
1 |
7 |
|
High Court |
0 |
1 |
0 |
0 |
0 |
1 |
|
Circuit Court |
0 |
1 |
2 |
1 |
0 |
4 |
|
District Court |
0 |
0 |
1 |
0 |
0 |
1 |
|
Total |
1 |
3 |
5 |
3 |
1 |
13 |
