Written Answers Nos. 270-284
270. Deputy Willie O'Dea asked the Minister for Justice and Equality further to Parliamentary Question No. 293 of 7 October 2014 when this Deputy will receive a reply; and if she will make a statement on the matter. [44984/14]
View answerAs the Deputy will be aware, one of the primary functions of the Garda Commissioner under the Garda Síochána Acts, is to direct and control An Garda Síochána. In this regard, the Garda Commissioner is responsible for the distribution of all resources, including fully sworn members and Reserve Gardaí, among the Garda Regions, Divisions and Districts. Garda management keep this distribution under continuing review in the context of security assessments, crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
I have been informed by the Garda Commissioner that the numbers of Garda personnel in the Limerick Garda Division on 31 December 2011, 2012, 2013 and on 30 September 2014, the latest date for which figures are readily available, was as set out in the following table:
|
Year |
Garda |
Reserve |
Civilian |
|
2011 |
637 |
41 |
52 |
|
2012 |
605 |
47 |
50 |
|
2013 |
589 |
52 |
48 |
|
2014 |
576 |
50 |
49 |
271. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 127 of 6 November 2014, if the person is legally resident here; if they are required to make further application to upgrade-update their residency; if the person is eligible to upgrade their present status; and if she will make a statement on the matter. [45012/14]
View answerAny person who makes an application for asylum or subsidiary protection is issued with a temporary residence certificate which entitles the person to remain in the State until such time as their application is finally determined.
272. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding crimes; and if she will make a statement on the matter. [45018/14]
View answerThe person to whom the Deputy refers is amongst those whose complaints are being considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case.
A panel consisting of two Senior and five Junior Counsel was established for the purpose. The counsel appointed to the panel were all selected on the basis of their experience of the criminal justice system. The review of each complaint will consist of an examination of the papers in the complaint by a counsel from the panel. Following the review of each complaint a recommendation will be made as to whether any further action is desirable and could practicably be taken.
273. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to review the provisions of the Criminal Justice (Public Order) Act 1994 (details supplied); and if she will make a statement on the matter. [45024/14]
View answerThe law on the illegal occupation of land is set out in Part IIA of the Criminal Justice (Public Order) Act 1994, as inserted by the Housing (Miscellaneous Provisions) Act 2002.
The provisions of section 19C(1) of Part IIA of the Act prohibit any person, without the consent of the owner of the land, from entering or occupying the land or bringing any object onto such land where this is likely to damage the land substantially or prejudicially affect any amenity in respect of the land, to prevent anyone entitled to use the land or any amenity associated with it from making reasonable use of the land or the amenity, to otherwise render the land or the lawful use of the land or amenity unsanitary or unsafe, or to substantially interfere with the land or amenity or the lawful use of the land or amenity.
A Garda may arrest, without warrant, a person committing an offence under section 19C(1). The law also provides for a member of the Garda Síochána who has reason to believe that a person is committing an offence under this section to demand of the person his or her name and address and to direct that person to leave the land and to remove any object from the land which is owned or under the control of that person. It is an offence for a person to fail to cooperate with the Gardaí.
A person who is found guilty of an offence under Part IIA shall be liable, on summary conviction, to a maximum fine of €4,000, or a sentence of up to one month in prison, or both. The Gardaí may also remove any objects from the land where the owner has refused a Garda direction to do so.
The implementation and enforcement of Part IIA of the Criminal Justice (Public Order) Act 1994, as amended, is a matter for the Garda Síochána and the courts.
I have no plans at present to change these provisions. However all legislation is kept under review.
275. Deputy Derek Nolan asked the Minister for Justice and Equality the reason there has been a delay of over four months in processing the citizenship application in respect of persons (details supplied) in County Galway considering that their application for certification of naturalisation was approved in July 2014; and if she will make a statement on the matter. [45044/14]
View answerAs 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 by the Irish Naturalisation and Immigration Service (INIS) of my Department that further evaluation of the citizenship applications, in respect of the persons referred to by the Deputy, is required before the applications can be granted at a citizenship ceremony. The evaluation of the cases is ongoing and will be completed as expeditiously as possible.
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.
276. Deputy Niall Collins asked the Minister for Justice and Equality the number of GSOC staff who are former or seconded members of An Garda Síochána, the PSNI or other police service; her plans to reform this; and if she will make a statement on the matter. [45046/14]
View answerWhile the funding for Garda Síochána Ombudsman Commission is provided through my Department, it is an independent statutory body was set up under the Garda Síochána Act 2005.
The Ombudsman Commission is responsible for the recruitment of its staff. I am informed that there are currently six former members of the Garda Síochána employed in GSOC. There are no former members from the PSNI, however, there are nine individuals who have served in police services outside of Ireland currently employed in GSOC. All of the above staff were appointed following open competitions conducted by the Public Appointments Service. I am further informed that there are also two staff members who have been seconded from the Garda Síochána.
I am advised that the Garda Síochána Ombudsman Commission requires the members of the Commission and all staff, on an annual basis, to submit a declaration in relation to any conflict of interest which may arise in the course of the performance of their functions or duties for inclusion in a Register of Interests. This declaration is separate from any declaration required under the provisions of Ethics in Public Office Act 1995. Where, during the course of the year covered by the declaration, a conflict of interest not previously declared arises, members and staff must submit a revised declaration which should include details of the interest.
Protocols agreed between the Garda Commissioner and the Ombudsman Commissioners in September last year, which are available on the websites of both organisations, contain General Principals governing the appointment of Investigating Officers which are aimed at avoiding any conflict of interest which may prejudice the outcome of a case.
277. Deputy Olivia Mitchell asked the Minister for Justice and Equality if she will respond positively to the request of those representing a person (details supplied) in Switzerland to end the long term freeze of their assets in view of the current sanctions against the Russian Government who requested that freeze; and if she will make a statement on the matter. [45051/14]
View answerI understand the Deputy's question relates to a matter which is the subject of an ongoing investigation and court order.
The Deputy will therefore appreciate that in the circumstances it would not be appropriate for me to comment further.
278. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding the potential transfer of staff from the complaints section of the Law Society to the new complaints section of the legal services; and if she will make a statement on the matter. [45069/14]
View answerThe Legal Services Regulation Bill, which has completed both Second and Committee Stages in the Dáil, commenced Dáil Report Stage on 11th July 2014 which is due to resume in the coming weeks. It is intended that the Bill be enacted so that the new Legal Services Regulatory Authority come into operation during the first half of 2015. In this context, I am very much aware of the ongoing concerns being expressed about the implications of the enactment of the new Legal Services Regulation Bill and its new independent complaints regime for the existing staff of the legal professional bodies who deal at the moment with complaints about legal practitioners. I am also aware of the ongoing representations on the matter which continue to be received from the Law Society and the Bar Council, from concerned members of their staff and from trade union representatives. A key challenge in finding a workable resolution to these matters will be that of ensuring that the new regulatory regime will have appropriately skilled staff to effectively, and independently, deliver a new complaints and disciplinary regime for legal practitioners upon the Authority's establishment.
For example, it is fundamental that the new Legal Services Regulatory Authority, to be established under the Legal Services Regulation Bill 2011, be independent of the legal professions and of the Government in the performance of its functions. This will include its implementation of new and independent procedures relating to allegations of professional misconduct by either solicitors or barristers. Members of the public will no longer go to the Law Society or to the Bar Council with their complaints in the first instance, as happens at the moment, but will instead make them through the Legal Services Regulatory Authority. Such complaints will be dealt with under the auspices of the new Regulatory Authority's Complaints Committee and supported, where appropriate, by the work of the new and independent Legal Practitioners' Disciplinary Tribunal. The independence of the new Regulatory Authority and of its attendant complaints regime is, therefore, fundamental to their success and to the avoidance of any public perception that complaints about lawyers are being dealt with by lawyers or by their representative bodies.
It is also desirable that the independence of the new regulatory regime be reflected in the relevant recruitment and appointment processes for staff of the new Authority and it is considered that such appointments should be better made by the Authority itself under open and public competition. Under this scenario, it should be open to existing staff of the legal professional bodies - who would obviously possess the relevant skills and experience - to apply for those positions advertised by the new Legal Services Regulatory Authority, which would then fill them independently.
At the same time, it is to be acknowledged that the proposed reforms to the legal professional conduct regime will have negative implications for a number of existing and appropriately skilled staff who currently deal with public complaints made through the legal professional bodies. I am also conscious of the support given by Deputies, from across the Parties, to finding a workable solution which can reconcile the competing human resource and policy considerations involved, during their detailed discussion of these specific concerns during Dáil Committee Stage of the Bill. I am, therefore, taking account of all of the concerns that are now in play as part of the ongoing consideration of the human and other resource aspects of the establishment of the new Legal Services Regulatory Authority and of the Legal Practitioners' Disciplinary Tribunal. The Deputy will also wish to note that these are matters which are not solely within my own purview but continue to be negotiated between my Department and the Department of Public Expenditure and Reform which has overall responsibility for policy in these areas.
280. Deputy Derek Nolan asked the Minister for Justice and Equality her views on putting the text alerts system run by community watch throughout rural Ireland on a statutory footing in order to combat rural crime; and if she will make a statement on the matter. [45114/14]
View answerThe Garda Text Alert Scheme, which was launched in September 2013, was piloted initially in a number of locations and developed in cooperation with Muintir na Tíre, Neighbourhood Watch, the Irish Farmers' Association and related stakeholders. It provides a further mechanism for Gardaí to provide crime prevention information to community contacts who in turn forward the information to all members of a community groups. During the first year of the Text Alert system over 600,000 texts have been sent, alerting individuals and communities across Ireland to potential criminal activity in their local area. There are over 450 Text Alert Groups in towns and villages throughout Ireland with more than 80,000 people signing-up to the scheme. I am informed that every Garda Division, rural and urban, now offers the text alert service and An Garda Síochána have published guidelines to assist in the establishment and operation of local groups.
Any Neighbourhood Watch or Community Alert group can approach their local Gardaí to establish a local Text Alert initiative. In this regard, I am informed by the Garda authorities that the initiative as it already exists is considered to be a particularly useful crime prevention tool and helps to harness community involvement in Neighbourhood Watch and Community Alert schemes.
I have received no indication from the Garda authorities that there is a need to consider putting the Text Alert initiative on a statutory footing and, in light of the continued success of the current arrangements, have no plans to do so.
281. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the means whereby regularisation of residency status may be achieved in the case of persons (details supplied) in County Galway who are permanently employed here for the past eight years; and if she will make a statement on the matter. [45134/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department to refer the Deputy to my PQ replies on 03/04/2014 and 30/04/ 2014 to PQs No. 187 & 542 regarding the options open to this family. I am informed that to date no application has yet been received by INIS as outlined in those replies.
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.
282. Deputy Clare Daly asked the Minister for Justice and Equality in view of the fact that in the period 1999 to 2013, inclusive, over €59 million was paid out by the State as a result of civil actions against the Garda, the amount of this money that was paid out by the members of the Garda concerned in these cases; the number of these members who have been disciplined; the number of these members who are still serving in the force; if any one of these gardaí lost entitlement to their Garda pension; and if so, the number of same. [45150/14]
View answerI have asked the Garda Commissioner the extent to which information in the detail sought, relating to civil damages paid by the State, may be available and I will write to the Deputy as soon as possible.
283. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [45166/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State on 20 August 2008 and applied for asylum on the following day. This application was refused and the person concerned was notified of this decision on 28 July 2009.
Subsequently the person concerned made an application for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006) on 19 August 2009. His application was refused by my Department and the person concerned was notified of this decision on 1 March 2010.
Representations were submitted by and on behalf of the person concerned on 19 August 2009 against the making of a Deportation Order pursuant to Section 3 of the Immigration Act 1999 (as amended). These and subsequent representations were examined and assessed and a Deportation Order was signed in respect of the person concerned on 8 March 2011.
Further representations were submitted by and on behalf of the person concerned on 11 July 2011 seeking to have the aforementioned Deportation Order revoked pursuant to Section 3(11) of the Immigration Act 1999 (as amended). These and subsequent representations were examined and assessed and it was decided that the Deportation Order be affirmed and the person concerned was notified of this decision on 11 October 2011.
Representations were submitted by and on behalf of the person concerned on 21 November 2012 seeking his re-entry into the asylum process pursuant to Section 17(7) of the Refugee Act 1996 (as amended). These and subsequent representations were examined and the person concerned was informed on 19 March 2013 that he be refused re-entry into the asylum process.
The person concerned instituted Judicial Review proceedings on 8 April 2013 challenging the refusal to allow him re-entry into the asylum process.
Again, further representations were submitted by and on behalf of the person concerned on 21 November 2012 seeking to have the aforementioned Deportation Order revoked pursuant to Section 3(11) of the Immigration Act 1999 (as amended). These and subsequent representations were examined and assessed and it was decided that the Deportation Order be affirmed and the person concerned was notified of this decision on 14 November 2013.
The person concerned instituted Judicial Review proceedings on 16 January 2014 challenging the aforementioned affirmation of the Deportation Order made in respect of him. As the foregoing matters are 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.
284. Deputy Finian McGrath asked the Minister for Justice and Equality if she will provide details of the incidents that occurred during the recent water charges protests (details supplied); and if she will make a statement on the matter. [45175/14]
View answerThe statutory functions of An Garda Síochána include the preservation of peace and public order, protecting life and property and vindicating the human rights of individuals. Accordingly, Gardaí have attended routinely at water meter installations and protests where it has been necessary to perform these functions.
Members of An Garda Síochána are trained to defuse confrontation using a range of proportionate methods. It is important, nevertheless, that where required and appropriate, members should have access to equipment to ensure their own safety and that of the public who may come to harm arising out of the actions of others. The deployment of such equipment in specific circumstances is an operational decision for the members of An Garda Síochána.
However, there are well established procedures where anyone can complain against the behaviour of an individual member of An Garda Síochána through the Garda Síochána Ombudsman Commission (GSOC). The Garda Síochána Ombudsman Commission (GSOC) is an independent body which was set up to receive complaints made by members of the public concerning allegations of misconduct by members of the Garda Síochána. Any evidence to support these claims should also be brought to the attention of GSOC.
An Garda Síochána endeavour as best they can to facilitate peaceful protests. Witness for example, the type of protest we had some weeks ago, facilitated by members of An Garda Síochána, when tens of thousands of people across the country protested with dignity against water charges. Contrast that event with other forms of protest carried out by a small few where people have been intimidated and prevented from going about their lawful business. It is always unfortunate when a small number of individuals resort to such means. However, I have no doubt that in upholding the rule of law, An Garda Síochána have the support of the vast majority of people in the country.
With regard to charges or prosecutions against persons engaged in unlawful acts, that is a matter primarily for An Garda Síochána in the first instance and for the DPP in relation to whether there should be prosecutions.
