Written Answers Nos. 290-303
290. Deputy Patrick O'Donovan asked the Minister for Justice and Equality if she will provide an update on the engagements her Department has had with officials in the European Commission in respect of an application for funding from the Rape Crisis Network Ireland, in respect of funds under the access to justice proposal under the European Union Commission Justice Programme 2014 to 2022; and if she will make a statement on the matter. [6643/15]
View answerNeither I nor my officials have had any contact with European Commission officials in respect of an application for funding from the Rape Crisis Network Ireland.
The Rape Crisis Network Ireland requested my Department to act as an associate partner and co-funder in its application to the EU Commission for funding for a research project. My Department, having carefully considered this proposal, was not in a position to support it taking into account all relevant factors and having regard to other pressures on resources.
291. Deputy Thomas Pringle asked the Minister for Justice and Equality the current status of the Criminal Justice (Spent Convictions) Bill 2012; and if she will make a statement on the matter. [6646/15]
View answer294. Deputy Michael McGrath asked the Minister for Justice and Equality the position regarding the removal of certain minor criminal convictions from a person's record after a period of time; and if she will make a statement on the matter. [6700/15]
View answerI propose to take Questions Nos. 291 and 294 together.
The current position is that the Bill has passed Committee Stage in the Dáil, having passed all stages in the Seanad. However, before the Bill could be taken at Report Stage, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill.
The UK Court of Appeal found that the UK policy of disclosing all criminal convictions was in breach of Article 8 of the European Convention on Human Rights. The Court found that disclosure of old minor criminal records should not be automatic but should instead be based on consideration of the relevance and proportionality of the conviction. The Attorney General has advised that similar considerations should apply to disclosure of criminal convictions in this State.
That review has been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill are currently being drafted. I expect the amendments to be brought before the Oireachtas before the summer.
292. Deputy Brian Walsh asked the Minister for Justice and Equality the total cost associated with the witness protection programme in each of the years 2010, 2011, 2012, 2013 and 2014. [6658/15]
View answerThe expenditure from the Witness Security Programme subhead for the years 2010 - 2014 is set out in the table below.
|
Year |
Outturn |
|
2010 |
€0.700m |
|
2011 |
€0.700m |
|
2012 |
*Nil |
|
2013 |
€1.150m |
|
2014 |
**€1.210m Provisional outturn |
* Expenses in relation to 2012 are reflected in outturn for 2013.
** The final outturn for 2014 will only be available when the Comptroller and Auditor General has finalised the 2014 Appropriation Accounts.
293. Deputy Brian Walsh asked the Minister for Justice and Equality the number of deaths that have occurred in prisons here in the past ten years; and the number of these deaths that are considered to have been suicide. [6659/15]
View answerSince 2005 there have been 86 deaths in custody in prisons.
|
2005 |
2006 |
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
|
9 |
12 |
7 |
11 |
10 |
11 |
6 |
5 |
7 |
8 |
Of the 86 deaths since 2005, 15 have been determined as death by suicide.
Since 1 January, 2012, the death of any prisoner in custody or on temporary release is the subject of an independent investigation by the Inspector of Prisons. The Office of the Inspector is a statutory independent office established under the Prisons Act, 2007.
The Inspector's investigation and reports are part of a three pronged process, the other elements being investigations by An Garda Síochána, and investigations and inquests conducted by Coroners.
I can advise the Deputy that the circumstances of each death in custody and incident of self-harm are also examined by a Local Suicide Prevention Group in each institution. The groups are chaired by the Governors and include representatives from the various services: Doctor, Psychiatrist, Psychologist, Chaplain, Probation, Education and Prison staff. They are required to meet quarterly or more often if necessary. Their examinations cover fully the background and circumstances of each death. Their objective is to identify, where possible, measures which might be implemented to contribute to a reduction in the risk of deaths in the future.
In addition, the Irish Prison Service National Suicide and Harm Prevention Steering Group provides a forum for collating the reports of the Local Suicide Prevention Groups, considering reports on death in custody from the Inspector of Prisons and disseminating key findings throughout the prison system.
295. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if, in the context of a review and-or a revocation of a decision to deport a person (details supplied) in Dublin 11, due cognisance will be given to the extent to which circumstances have changed since the deportation order was made, and the timeframe in the jurisdiction; and if she will make a statement on the matter. [6751/15]
View answerI refer the Deputy to the Reply given to his recent Parliamentary Question No. 109 of Thursday, 29th January 2015. The status of the person concerned is as set out in that reply.
I 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 and therefore has no entitlement to residency in the State.
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State.
The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.
Representations were received from the legal representative of the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the meantime, the Deportation Order remains valid and in place.
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.
296. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the timeframe taken to assess an application for residency-leave to remain in respect of a person (details supplied) in County Monaghan; if the case of this person falls within this timeframe; and if she will make a statement on the matter. [6752/15]
View answerIn my response to Parliamentary Question No.105 of 29 January 2015 I set out the Department's policy in relation to providing information on individual applications for asylum or subsidiary protection.
As regards the processing of subsidiary protection applications generally, the following information may be of interest to the Deputy. Responsibility for the processing of subsidiary protection applications rests with the Refugee Applications Commissioner under the European Union (Subsidiary Protection) Regulations 2013. The Commissioner announced in March 2014 that he is according priority to certain classes of applications for subsidiary protection. The legal basis for the prioritisation of applications is set out in the 2013 Regulations. Prioritisation relates solely to the scheduling of interviews and has no implications for any recommendation that might be made by the Commissioner. The classes of applications to be prioritised includes those cases longest in the system. The UNHCR as part of its mandate in relation to international protection has provided advice in relation to the prioritisation of applications.
Protection applicants are issued with a temporary residence permission pending a final decision on their application. It is only in circumstances where an applicant is refused a declaration that he or she is a refugee or a person eligible for subsidiary protection that leave to remain is then considered.
297. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if residential status has been awarded in the case of a person (details supplied) in Dublin 22; if not, the reason for the delay over the past nine years; and if she will make a statement on the matter. [6755/15]
View answerIn my response to Parliamentary Question No.105 of 29 January 2015 I set out the Department's policy in relation to providing information on individual applications for asylum or subsidiary protection.
It should be noted that in very many instances the delay in finalising cases is due to applicants initiating judicial review proceedings at various stages of the process. The length of time applicants spend in the protection/leave to remain process is a matter of concern and in that regard, the Deputy may be aware this is one of the principal issues currently being examined by the Independent Working Group set up to report to Government on what improvements can be made to the protection process, including Direct Provision and supports for asylum seekers. The Working Group is due to report to Government by Easter 2015.
298. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if, in the context of a review or request for revocation of a deportation order, consideration will be provided to the fact that six years passed before a deportation order was made, in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [6757/15]
View answerI refer the Deputy to the Reply given to his recent Parliamentary Question No. 101 of Thursday, 29th January 2015. The status of the person concerned is as set out in that reply.
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that following a comprehensive and thorough examination of the asylum claim and application for subsidiary protection, and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended), a Deportation Order was signed on 18 December 2012 in respect of the person referred to by the Deputy.
The person concerned initiated judicial review proceedings challenging the Deportation Order made in respect of him. Those proceedings were struck out in favour of the Department on 1 December 2014 and accordingly, the Deportation Order stands.
Representations were received from the person concerned pursuant to Section 3(11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the meantime, the Deportation Order remains valid and in place.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by Email 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.
299. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of applications for naturalisation that have been made in the case of a person (details supplied) in County Kildare; and the reason these applications were refused, in view of the fact that the person has lived here since 1999, and is a European Union national [6758/15]
View answerI am advised that an application for a certificate of naturalisation from the person referred to by the Deputy was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in August, 2005 and in 2009 the then Minister for Justice decided in his absolute discretion to refuse the application. The person concerned was informed of this and the reasons for it in a letter issued, via her solicitor on 31 March, 2009.
A second application for a certificate of naturalisation was received in September, 2014. On examination of the application submitted it was determined that the person in question did not meet the statutory residency requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. The person concerned was informed of this in a letter issued on 12 November, 2014.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the prescribed statutory requirements. The online Naturalisation Residency Calculator can be used as a guide to whether an individual satisfies the naturalisation residency conditions and, if not, give an indication of how long they should wait before making an application.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
300. Deputy Niall Collins asked the Minister for Justice and Equality her plans to provide additional resources, personnel and vehicles to Crumlin village Garda station, Dublin 12; and if she will make a statement on the matter. [6764/15]
View answerOne of the primary functions of the Garda Commissioner under the Garda Síochána Acts is to direct and control An Garda Síochána. The Garda Commissioner is responsible for the distribution of resources, including personnel and vehicles, among the Garda Regions, Divisions, and Districts. Garda management keeps this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
The Deputy will appreciate that, as with any large organisation, on any given day the number of Gardaí assigned to any station may fluctuate due, for example, to promotion, transfer, retirements and resignations. However, I have been informed by the Garda Commissioner that the personnel strength of Crumlin Garda Station on the 31 December 2014, the latest date for which figures are readily available, was 94. There are also eight Garda Reserves and eight civilians attached to the Station.
As the Deputy will be aware, 100 new recruits entered training at the Garda College in Templemore in September 2014, the first intake of Garda recruits since 2009. This was followed by an intake of a further 100 new recruits in December and another 100 last week. This has brought the number of recruits in the Garda College to 300 and is a measure of this Government's commitment to the Garda Síochána. The first intake of recruits will attest as members of An Garda Síochána in May of this year and will be assigned to Garda Stations by the Garda Commissioner. The Garda Commissioner, will of course, continue to keep the needs of Crumlin Garda Station under review within the overall context of the needs of Garda Stations throughout the country.
With regard to additional vehicles, the Deputy will be aware that I recently secured an additional €10 million for investment in the Garda fleet, €7 million of which was made available in 2014, with the remaining €3 million being provided in 2015. The additional investment of €7 million enabled An Garda Síochána to purchase 370 new vehicles towards the end of last year. These vehicles will be allocated to Garda Divisions in line with the Garda Commissioner's operational requirements. Again, I am advised by the Garda authorities that the needs of the Crumlin area will be fully considered when these vehicles are being allocated.
301. Deputy Niall Collins asked the Minister for Justice and Equality the number of garda personnel currently assigned to Terenure Garda station, Dublin 6W; and if she will make a statement on the matter. [6765/15]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel and vehicles, among the Garda Regions, Divisions, and Districts. Garda management keeps this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
I have however been informed by the Garda Commissioner that the personnel strength of Terenure Garda Station on 31 December 2014, the latest date for which figures are readily available, was 91. There are also six Garda Reserves and four civilians attached to Terenure Garda Station.
302. Deputy Patrick O'Donovan asked the Minister for Justice and Equality the progress made, to date, on the recommendations made by Mr. Justice Quirke in respect of the Magdalen laundries; and if she will make a statement on the matter. [6816/15]
View answerThe Government is committed to full implementation of the Quirke Report.
Significant progress has been made on the implementation of the Magdalen Redress Scheme. To date, a decision has been made on 87% of the applications received and 503 applicants have been paid their lump sums at a cost of nearly €18.5m.
Judge Quirke recommended that the women should have access to an enhanced medical card. He also specifically recommended that legislation be introduced to give effect to this recommendation. As the Deputy will be aware, this Bill (the Redress for Women Resident in Certain Institutions Bill 2014) is currently at Report Stage in the Dáil and I hope, with the co-operation of the Oireachtas, that the Bill will be enacted very promptly. This Bill makes special provision for free access to health services for women who worked in the 12 specified institutions.
The women are already covered by section 21 (appointment of a care representative) under the Nursing Homes Support Scheme Act 2009. Judge Quirke recommended provision for a mechanism whereby a person can be appointed to act in the best interests of a woman who receives an ex-gratia payment under the scheme where she lacks capacity. This is being done through the Assisted Decision Making (Capacity) Bill, currently awaiting Committee Stage in the Dail.
Judge Quirke's recommendation regarding top up pension type payments is being fully implemented. This recommendation proposes that eligible women should in addition and without regard to the "lump" sum payments receive weekly payments of €100 if under 66 and the equivalent of the State Contributory pension - €230.30 - if over 66 for the remainder of their lives. These payments are to be calculated net of other State benefits. The Department of Social Protection has set up a separate scheme to give effect to this recommendation and it is continuing to process payments on a phased basis. Regardless of when applications are received the appropriate payments are being backdated to the commencement date of the scheme which is 1st August 2013.
Judge Quirke's remaining recommendation regarding a dedicated unit is a longer term issue which will be addressed after processing of applications and the provision of benefits has been completed.
303. Deputy Tom Fleming asked the Minister for Justice and Equality if she will reinstate the pensionable rent allowance of approximately €4,000 per annum, as this has been in place since the inspection of An Garda Síochána and it is crucial especially in view of the fact that the current graduates have experienced a pay cut of over €4,000 on the salaries of the 2009 graduates and therefore an overall cut of approximately €8,000 which puts them in an unsustainable position; and if she will make a statement on the matter. [6819/15]
View answer312. Deputy Mick Wallace asked the Minister for Justice and Equality if she is satisfied with her Department's allocation for the current wage scale for new Garda recruits, particularly in view of the removal in 2014 of the rent allowance allocation of roughly €4,000 per year, which constitutes a significant cut to the pay package; and if she will make a statement on the matter. [5774/15]
View answer313. Deputy Mick Wallace asked the Minister for Justice and Equality if she will provide details on the implications of the Haddington Road agreement on salaries in An Garda Síochána, in particular, in relation to the pay package for new Garda recruits; and if she will make a statement on the matter. [5775/15]
View answerI propose to take Questions Nos. 303, 312 and 313 together.
The current Garda recruit competition commenced in late 2013 and attracted over 20,000 applications. Details of the remuneration package, i.e. basic pay and other allowances including unsocial hours allowances, were made available to all applicants prior to their recruitment. These pay scales do not include any allowances. It is expected that newly attested Gardaí will be assigned to frontline duties and will work the Garda Roster system. This will immediately attract unsocial hours payments which, in addition with other relevant allowances, amounts to over 25% of their earnings. Even at the entry level of €23,171 and the lower end of unsocial hours scale, this would add almost €5,800 to their salary.
The Deputies will be aware that under the 2013 Haddington Road Agreement, the current remuneration and conditions of service of members of An Garda Síochána together with an evaluation of annualised hours/shift pay arrangements are being examined as part of a wider review of An Garda Síochána.
However, the Deputies will also be aware that, following a review of all allowances in the public service in 2011 and 2012, rent allowance for all new public servants including Gardaí, Prison Officers and Fire Officers was abolished in early 2012. There are no plans to re-instate this allowance.
