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Tuesday, 9 Dec 2014

Written Answers Nos 271-283

English Language Training Organisations

Questions (271, 272)

Jonathan O'Brien

Question:

271. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the position regarding parties who have absconded with international students' moneys following the closure of private English language schools. [47165/14]

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Jonathan O'Brien

Question:

272. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the options open to students to recover moneys which were wrongfully taken from them by providers of English language courses when their colleges closed. [47166/14]

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Written answers

I propose to take Questions Nos. 271 and 272 together.

I would advise any international student in the situation outlined by the Deputy to seek legal advice regarding the return of their funds from the private colleges in question. If they booked their course through an agent they should also enquire from that agent as to whether they are entitled to any form of learner protection from them. Students should also make a complaint to the Garda Síochána where they suspect their money has been taken by private colleges on false pretences.

Repatriation Costs

Questions (273)

Jonathan O'Brien

Question:

273. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the facilities that will be put in place to assist students affected by the closure of private colleges who wish to return to their home States but cannot afford to do so. [47168/14]

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Written answers

There are no arrangements in place for funding return flights for students in this situation, arising from the closure of a private sector enterprise. As to the learner protection offered by immigration agents or consular assistance available from their embassy in Ireland or accredited to it I am not in a position to comment.

The International Organisation for Migration manages Ireland's Voluntary Assisted Return & Reintegration Programme. This programme is open to asylum seekers, irregular migrants, victims of trafficking and unaccompanied minors from non-EU countries who wish to return home voluntarily but do not have the financial means and/or the necessary documentation to do so. If a student is now unlawfully present in the State and in a particularly vulnerable situation they may be eligible for consideration under this programme.

Garda Misconduct Allegations

Questions (274)

Micheál Martin

Question:

274. Deputy Micheál Martin asked the Minister for Justice and Equality if she has received correspondence in respect of a person (details supplied) in County Down; if their serious allegations were sent to the panel of barristers; when they may expect an outcome; and if she will make a statement on the matter. [47236/14]

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Written answers

The matter to which the Deputy refers is amongst complaints 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.

The independent review is underway, and is currently examining a large range of cases referred to them. While some complainants will understandably wish to see the review completed as soon as possible, it is important that nothing arises which might detract from the integrity of the review mechanism. It is therefore considered inappropriate to place a time constraint upon the working of the panel, although they intend to conclude their work as soon as is reasonably practicable.

Family Reunification Applications

Questions (275)

Bernard Durkan

Question:

275. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person in receipt of a disability allowance payment can be considered an eligible sponsor for a family reunification application; and if she will make a statement on the matter. [47237/14]

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Written answers

The position on such applications is set out in the Policy Document on Non-EEA Family Reunification published by my predecessor on 31 December 2013.

In general, the sponsor must be in a position to support such family members by not having been reliant on State benefits from the Irish State for a continuous period in excess of two years immediately prior to the application. Disability allowance payments are excluded from such a requirement. Since it must be assumed that such benefits recognise a lack of capacity to otherwise earn a living, the end result would be that a person on disability benefit could never benefit from family reunification. This would be unfair. Therefore, persons receiving disability benefits are considered eligible sponsors, subject of course to meeting any other necessary requirements. Furthermore, financial capacity is just one of the conditions that is considered when making a determination on a family reunification application and the circumstances of the parties concerned are considered in the round on a case by case basis.

Garda Investigations

Questions (276)

Clare Daly

Question:

276. Deputy Clare Daly asked the Minister for Justice and Equality her plans to improve responses from An Garda Síochána to reports made to them by the public regarding illegal stag hunting (details supplied); and if she will make a statement on the matter. [47256/14]

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Written answers

I am informed by the Garda authorities that all incidents reported to Gardaí are responded to as soon as possible and any complaint made to An Garda Síochána regarding illegal hunting is fully investigated.

I am further informed that the specific incident referred to by the Deputy is currently under investigation.

Seirbhísí Aistriúcháin

Questions (277)

Éamon Ó Cuív

Question:

277. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Dlí agus Cirt agus Comhionannais cén líon aistritheoirí atá ag obair sa Roinn sin agus cén líon aistritheoirí a theastódh chun filleadh ar an nós a bhí ann suas go dtí 1979 na rialacha cúirte a fhoilsiú i nGaeilge agus i mBéarla go comhuaineach [47276/14]

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Written answers

Faoi mar is eol don Teachta, b’fhéidir, sa bhliain 2010 ghlac an Chúirt Uachtarach leis nach bhfuil dualgas bunreachtúil ar an Stát aistriúchán comhuaineach go Gaeilge a chur ar fáil ar gach Riail Chúirte. Tá dualgas air, áfach, na Rialacha sin a chur ar fáil i nGaeilge a luaithe agus is féidir tar éis dóibh a bheith foilsithe i mBéarla. Tá aistritheoir lánaimseartha Gaeilge ag mo Roinnse, a bhíonn ag gabháil go príomha do Rialacha Cúirte a aistriú go Gaeilge, agus fostaíonn mo Roinn aistritheoirí ar chonradh, chomh maith.

D’fhoilsigh mo Roinnse an leagan Gaeilge de na Rialacha Cúirte Dúiche, 1997, i Nollaig na bliana 2004 agus, díreach ina dhiaidh sin, d’aistrigh sí Leasuithe sonracha ar na Rialacha sin a lorgaíodh le haghaidh cásanna cúirte. D’fhoilsigh mo Roinn an leagan Gaeilge de na Rialacha Cúirte Cuarda, 2001, go luath sa bhliain 2010 agus aistríodh na Leasuithe go léir ar na Rialacha sin ó shin i leith. Tá an leagan Gaeilge de na Foirmeacha sa tríú mórbhailiúchán, an mórbhailiúchán deiridh, de Rialacha Cúirte – Rialacha na nUaschúirteanna, 1986 – faoi bhráid an Choiste Chomhairlitheach um Théarmaí Dlíthiúla Gaeilge faoi láthair, sula bhfoilseofar an leagan Gaeilge de na Rialacha Cúirte sin. A luaithe a bheidh na trí phríomhbhailiúchán sin de Rialacha Cúirte ar fáil i nGaeilge, féadfaidh aistriú na Leasuithe orthu atá fós le haistriú dul ar aghaidh go tapa.

Ó achtaíodh an tAcht um Choimisiún Thithe an Oireachtais (Leasú), 2013, lena ndearnadh socrú maidir le Rannóg an Aistriúcháin de chuid Thithe an Oireachtais d’athchromadh ar Ionstraimí Reachtúla a aistriú, chuidigh an Rannóg sin le mo Roinnse i dtaca le Rialacha Cúirte a aistriú – le míonna beaga anuas, mar shampla, chuir Rannóg an Aistriúcháin an t-aistriúchán ar fáil ar 30 Ionstraim Reachtúil ina raibh Leasuithe ar Rialacha na nUaschúirteanna, 1986.

Inniúlacht sa Ghaeilge sa Státseirbhís

Questions (278)

Éamon Ó Cuív

Question:

278. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Dlí agus Cirt agus Comhionannais cén líon daoine atá ag obair ina Roinn faoi láthair atá inniúil ar a chuid nó a cuid oibre a dhéanamh trí Ghaeilge; cén céatadán den fhoireann atá i gceist; comparáid a dhéanamh idir na figiúirí sin agus na figiúirí céanna in 2004, 1994, 1984 agus 1974. [47290/14]

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Written answers

Tá os cionn 50 ball foirne, nach mór 3% de chohórt na foirne, ar phainéal d’oifigigh atá ar fáil chun obair a dhéanamh trí Ghaeilge agus ar féidir leo déileáil le ceisteanna agus fiosruithe as Gaeilge ó dhaoine den phobal.

Tá aistritheoir lánaimseartha Gaeilge ag an Roinn, chomh maith, a bhíonn ag gabháil go príomha do Rialacha Cúirte a aistriú go Gaeilge.

Roimh thosach feidhme na Scéime Gaeilge níor choimeád mo Roinn staidreamh ar líon na ndaoine a bhí inniúil ar obair a dhéanamh trí Ghaeilge agus dá dheasca sin níl figiúirí ar fáil do na blianta 2004, 1994, 1984 agus 1974.

Driver Licence Data

Questions (279)

Timmy Dooley

Question:

279. Deputy Timmy Dooley asked the Minister for Justice and Equality the number of unaccompanied learner drivers that have been formally issued with a fine, prison sentence or both in 2012, 2013 and to date in 2014 in tabular form; and her views on the efficacy of the present enforcement strategies. [47303/14]

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Written answers

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 following table provides details of the number of unaccompanied learner drivers before the courts in 2012, 2013 and to 31 October 2014 who received a fine or an imprisonment.

Year

No of unaccompanied Drivers who received fines

No of unaccompanied Drivers who received imprisonment

 2012

674

1

 2013

660

0

Jan – Oct 2014

632

2

Note: If a person received more than one fine or imprisonment they only appear on the report once. Nobody received both a fine and imprisonment.

Insofar as enforcement strategies with respect to learner drivers are concerned, I am informed by the Garda authorities that, in addition to ongoing road safety enforcement, which focuses on high risk behaviour, 'Operation Learner Driver' is conducted regularly with a particular focus on learner permit holders with a view to ensuring compliance with the conditions of holding such a permit, as well as improved road safety generally. I understand that this operation was conducted on a quarterly basis during 2014 and that targeted enforcement measures with respect to learner drivers will continue to be applied into the future.

Garda Recruitment

Questions (280)

Seán Kyne

Question:

280. Deputy Seán Kyne asked the Minister for Justice and Equality if she will provide an update on Garda recruitment; the number of recruits that have entered Templemore, County Tipperary in 2014; and the number that will commence training in 2015. [47316/14]

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Written answers

The Deputy will be aware that I recently announced a further intake of 200 recruits into the Garda College, Templemore. The intake will be in two batches, the first on 15 December and the second in early 2015. This will bring to 300 the number of recruits in the Garda College and is a measure of this Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The first batch of recruits (already in training) will attest as members of the Garda Síochána in May of 2015 and will be assigned to Garda Stations throughout the country by the Garda Commissioner.

It is my intention that there will be ongoing recruitment and I am discussing the details of this with my colleague the Minister for Public Expenditure and Reform.

Garda Transport Expenditure

Questions (281)

Seán Kyne

Question:

281. Deputy Seán Kyne asked the Minister for Justice and Equality if she will provide an update on the investment in Garda vehicles, the financial amount invested in 2013, 2014 and planned for 2015; the number of additional vehicles by Garda division; and if consideration has been given to acquiring and fitting out high specification vehicles which support policing as is the case in other jurisdictions. [47317/14]

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Written answers

The provision and allocation of Garda transport is a matter for the Garda Commissioner in the light of identified operational circumstances and the availability of resources.

In that context, I am advised by the Garda authorities that an additional 438 new Garda vehicles were purchased in 2013 at a cost of €10 million. The Deputy will be aware that I recently secured a further €10 million for investment in the Garda fleet of which €7 million has been made available in 2014. This funding brings the total investment for 2014 to €11 million. The remaining €3 million will be made available for the purchase and fit out of additional Garda vehicles in 2015.

Decisions in relation to the deployment of Garda vehicles, at Regional and Divisional level, are a matter for the Garda Commissioner. I am advised that the deployment of all Garda resources is subject to ongoing review and analysis to ensure that the best use is made of available policing resources.

A breakdown of the additional vehicles allocated by Garda Division in 2013 and 2014 is set out in the following table:

DIVISION

2013

2014

CAVAN/MONAGHAN

19

12

CLARE

13

10

CORK CITY

12

28

CORK NORTH

7

12

CORK WEST

11

9

DMR EAST

9

10

DMR NORTH

7

18

DMR NORTH CENTRAL

2

8

DMR SOUTH

6

9

DMR SOUTH CENTRAL

4

6

DMR WEST

8

18

DONEGAL

21

13

GALWAY

15

16

KERRY

9

6

KILDARE

10

12

KILKENNY/CARLOW

14

15

LAOIS/OFFALY

10

18

LIMERICK

12

19

LOUTH

9

7

MAYO

9

11

MEATH

11

14

ROSCOMMON/LONGFORD

11

12

SLIGO/LEITRIM

9

13

TIPPERARY

12

16

WATERFORD

9

14

WESTMEATH

9

9

WEXFORD

10

15

WICKLOW

9

11

School Completion Programme

Questions (282, 283)

Terence Flanagan

Question:

282. Deputy Terence Flanagan asked the Minister for Children and Youth Affairs the position regarding funding in respect of a school (details supplied) in Dublin 13; and if he will make a statement on the matter. [46729/14]

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Terence Flanagan

Question:

283. Deputy Terence Flanagan asked the Minister for Children and Youth Affairs the position regarding funding in respect of a school (details supplied) in Dublin 13; and if he will make a statement on the matter. [46730/14]

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Written answers

I propose to take Questions Nos. 282 and 283 together.

The School Completion Programme aims to retain young people in the formal education system to completion of senior cycle and to generally improve the school attendance, participation and retention of young people who are risk of educational disadvantage. The Programme is a targeted intervention aimed at school communities identified through the Department of Education and Skills’ DEIS Action Plan for Educational Inclusion. It provides targeted supports annually to approximately 36,000 children.

Since 1 January 2014, the Child and Family Agency has operational responsibility for the School Completion Programme, including the allocation of funds to local projects. In 2014, an allocation of €24.756 million has been provided for the School Completion Programme. The Agency has approved local projects' school retention plans for the 2014/2015 academic year. The first instalment of 2014/15 funding issued to local projects last September. Further payments totalling approximately €9.5m will issue this month, with a third instalment in May 2015.

The schools to which the Deputy refers are two of six primary schools which, together with two post-primary schools, form the School Completion Project for the area. I am advised that an amount of €214,183.93 was allocated by the Agency to the project for the school year 2014-2015. The amount provided for 2014-2015 takes account of the savings requirements in the Comprehensive Review of Expenditure 2012-2014. The allocation of the funding across the range of interventions planned for young people and between the local schools in the School Completion Programme project for the area is a matter for the Local Management Committee.

The estimate for the Child and Family Agency for 2015 is €635 million, a 4.3% increase on its 2014 allocation. My Department will issue a Performance Statement this month under Section 45 of the Child and Family Agency Act, 2013. This will include my priorities for consideration in the development of the Agency's 2015 Business Plan. The Business Plan will set out the Agency's proposed activities, programmes and priorities for 2015, including provision for the School Completion Programme, in the light of the monies available. A review of the School Completion Programme has commenced. It is being carried out by the ESRI following a procurement process managed by the Agency. The programme has been in operation since 2002 and I believe that it is timely that a review be carried out. The Review is an important initiative to plan for the future development of this Programme. It is envisaged that the review will be completed during the 2014/2015 academic year.

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