Written Answers Nos. 304-317
304. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the cost of the investigation by An Garda Síochána into the incident involving the Minister for Social Protection at Jobstown, Dublin 24. [6835/15]
View answerThe allocation of all Garda resources is a matter for the Garda Commissioner.
In that context, I am advised by the Garda authorities that Garda personnel may be assigned to several investigations in response to operational requirements and, accordingly, it is not possible to provide costs associated with the investigation of specific incidents.
305. Deputy Terence Flanagan asked the Minister for Justice and Equality further to Parliamentary Question No. 280 of 18 December 2014, the position regarding a regulatory impact assessment; and if she will make a statement on the matter. [6842/15]
View answerFurther to my response of 18 December, I wish to inform the Deputy that it remains my intention to publish this Regulatory Impact Assessment for consultation in the early part of this year.
306. Deputy Joe Costello asked the Minister for Justice and Equality the reason for the continued prohibition on the sale of alcohol in licensed premises on Good Friday; if she will consider lifting the prohibition; and if she will make a statement on the matter. [6849/15]
View answerThe position is that statutory restrictions on the sale of alcohol on Good Friday, which have historical origins, will be examined in the context of the forthcoming Sale of Alcohol Bill. This Bill will update the law relating to the sale, supply and consumption of alcohol in licensed premises and will provide an opportunity for reviewing statutory restrictions on alcohol sales. The Bill will repeal the Licensing Acts 1833 to 2011, and the Registration of Clubs Acts 1904 to 2008, and replace them with streamlined and updated provisions.
307. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will confirm that the tragic Stardust fire disaster of 14 February 1981 is being re-examined by her Department. [6854/15]
View answerI met with the Stardust Relatives' and Victims Committee in July of last year and this meeting provided an opportunity for me to hear their concerns at first hand. At that meeting representatives of the Committee set out, in some detail, their concerns in relation to the Inquiries into this matter that have been undertaken previously and some related financial issues that have arisen.
Following that meeting, I appointed an official in my Department to liaise with the Committee and they have engaged with representatives of the Committee in relation to these matters. With regard to the question of any new evidence that might warrant the consideration of a further inquiry, two reports compiled by a researcher associated with the Committee were submitted to my Department since my meeting with the Committee. However, subsequently the researcher concerned requested the return of these reports; my Department complied with this request. My Department has requested that the decision to withdraw these reports be reconsidered so that the reports can be the subject of examination in my Department. There are ongoing communications between representatives of the Committee and my Department, and further material has been submitted to my Department as recently as this week; this material is being examined and a response will issue in the near future.
I wish also to inform the Deputy that allegations raised by the Stardust Relatives' and Victims Committee and their representatives in relation to certain matters are the subject of an ongoing investigation by An Garda Síochána. I am informed, by the Garda Commissioner, that this is a complex investigation and, you will understand, I cannot do anything that might cut across this investigation.
308. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will initiate a commission of investigation, under the 2004 legislation, into the Stardust tragedy of St. Valentine's day 1981 and the subsequent Keane tribunal report. [6855/15]
View answerAs the Deputy will be aware, following a long campaign on the part of the victims, Mr. Paul Coffey SC was appointed in 2008 by the then Government, with the agreement of the Victims Committee, to review the case made by the Committee for a new inquiry into the fire. His report was published in January 2009. He concluded that the original Tribunal finding of arson was a hypothetical one only and that no-one present on the night can be held responsible. He further concluded that in the absence of any identified evidence as to the cause of the fire, the most a further inquiry could achieve would be another set of hypothetical findings, which would not be in the public interest. The then Government accepted Mr. Coffey's findings and motions were passed in both Houses of the Oireachtas endorsing his conclusions and expressing sympathy with the families.
I accept, of course, that some of the victims and their relatives of this dreadful tragedy do not accept the conclusions of the Independent Examination, during which persons were free to make their case to Mr. Coffey. Indeed the concerns of the Stardust Committee in this regard were outlined to me when I met with representatives of the Committee last July. This meeting provided an opportunity for me to hear their concerns at first hand. At that meeting the Committee set out, in some detail, their concerns in relation to the Inquiries into this matter that have been undertaken previously and some related financial issues that have arisen. Since that meeting my Department has engaged in extensive communications with representatives of the Committee in relation to matters raised by them and these communications are ongoing.
I remain open to considering any material that the Committee or their representatives wish me to consider in this regard and my Department has, in its communications, made that clear. In saying this I should caution against raising unrealistic expectations about what can be achieved or appearing to suggest that the outcome of the Coffey examination can be set aside, simply on the basis that his conclusions are not accepted by some.
I wish also to inform the Deputy that allegations raised by the Stardust Relatives' and Victims Committee and their representatives in relation to certain matters are the subject of an ongoing investigation by An Garda Síochána. I am informed, by the Garda Commissioner, that this is a complex investigation and, you will understand, I cannot do anything that might cut across this investigation.
309. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the average waiting time for Garda clearance, or the vetting process, to be carried out; the way this time period compares with similar waiting times in 2013 and 2014. [6856/15]
View answerI am informed by the Garda authorities that the average processing time for vetting applications since February 2014 is approximately 4 weeks from date of receipt. This compares to an average of 9 weeks to process cases in 2013.
In the interest of fairness, Garda vetting applications are processed in chronological order based on the date of receipt in the Garda Central Vetting Unit and all organisations registered for Garda vetting are aware of the processing time-frames and have been advised to factor this into their recruitment and selection process. However, seasonal fluctuations and the necessity to seek additional information on particular applications can result in this processing time being exceeded on occasion.
Last year the Garda Central Vetting Unit processed over 318,000 applications. The majority of these applications were dealt with within the average four week processing time referred to above.
310. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will report on continuing serious levels of burglary from homes in the Dublin metropolitan district; the measures her Department and An Garda Síochána have put in place to ensure that all gold and jewellery sold to jewellery and gold shops is verifiable and traceable. [6857/15]
View answerI can assure the Deputy that I am very conscious of the concerns which exist in relation to burglary and am working closely with the Garda Commissioner and other relevant criminal justice agencies to ensure that an effective, whole of system response is in place.
It is the case that, having fallen in 2013, an increase in the number of burglary offences was recorded during 2014, driven mainly by an increase in the Dublin area. An Garda Síochána is responding to the increase experienced in the Dublin area through Operation Acer, which is in force throughout the Dublin Metropolitan Region. This includes a particular focus on identifying and targeting criminal groups who have played a large part in the recent increase. Burglary Response Units attached to each Division take the lead in Operation Acer and are assisted by other units as required. In addition, a further and related operation, Operation Creeper, assists in the surveillance of Acer targets by monitoring their movements and this Operation has been tasked solely with targeting burglary suspects which has resulted in the successful arrests of Acer targets. These Operations are all coordinated under Operation Fiacla, which is the national operation targeting burglary using an intelligence and analysis-led approach.
Since Operation Acer commenced in early 2012, I am advised that there has been 5,389 arrests, 2,746 charges and 1,087 convictions for burglary in the Dublin area, up to 3 February 2015.
In addition to these policing responses, I am also carrying out a broader and urgent review of the criminal justice system's response to the problem of burglaries. This includes a focus on interagency measures in relation to the management of prolific offenders, visible policing, crime prevention support for communities, and an examination of legislative issues. Burglary is a persistent and highly damaging crime, and I am determined to tackle it on a number of fronts, and through a partnership approach between criminal justice agencies and the community.
Insofar as the question of traceability of gold and jewellery purchases is concerned, I am committed to examining the best approach to regulation in the area of cash for gold business providers, having regard to the potentially significant impact on legitimate businesses. It is important to recognise that any legislation in this area would have a potentially significant impact on a broad range of businesses. There are a large number of legitimate businesses such as jewellers, antique dealers etc., as well as 'cash for gold' outlets that would be impacted upon. As the regulatory and resource burden of any proposed measure will have to be carefully examined to ensure that it is proportionate to the matter being addressed I have asked officials in my Department to carry out a Regulatory Impact Assessment (RIA) which will facilitate a process of consultation with groups likely to be affected. The current position is that my Department is finalising a RIA which will comprise a detailed and systematic appraisal of the potential impacts of any proposed regulation in order to assess whether the regulation is likely to achieve the desired objectives and the potential costs that will arise. It is my intention to publish this RIA for consultation in early 2015.
311. Deputy Terence Flanagan asked the Minister for Justice and Equality if she or her officials will arrange to meet with a person (details supplied) in Dublin 5, to discuss the gaming industry; and if she will make a statement on the matter. [6861/15]
View answerI can inform the Deputy that officials in my Department have met with the individual in question on a number of occasions in recent years.
My officials have met, and continue to meet, individuals and organisations representing a wide range of interests in the gaming and gambling areas. My officials remain open to meeting with the individual in question on further occasions, as circumstances allow, in the future.
314. Deputy Derek Keating asked the Minister for Justice and Equality in view of the fact that a police certificate was issued in respect of a person (details supplied) in County Dublin, which shows two criminal convictions, and in view of information supplied pursuant to section 4 of the Data Protection Act 1988 and 2003, reference number 14/342719, which shows one conviction, and other charges dismissed pursuant to section 1(i) of the Probation of Offenders Acts 1907, and that these offences occurred up to 38 years ago, if she will ensure that a police certificate is issued which records one criminal conviction as a matter of urgency, due to the person’s pending visit to Australia; and if she will make a statement on the matter. [6904/15]
View answerIn the time available it has not been possible to obtain the information sought by the Deputy. The information has been sought from the Garda Síochána and a reply will be forwarded to the Deputy as soon as this information is to hand.
315. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will provide an update regarding the mediation Bill 2012; and if she will make a statement on the matter. [6937/15]
View answerThe Mediation Bill is being drafted in the Office of the Parliamentary Counsel. However, the Government has a demanding schedule of urgent legislation at present and for that reason it is not possible to give a specific date for publication of the Bill at this stage. However, it is my intention to proceed quickly with enactment of the Bill following publication later this year.
316. Deputy Robert Troy asked the Minister for Justice and Equality if a person on a stamp 4 visa may apply for an Irish passport, or if that person must complete the naturalisation process, before a passport may be issued. [6964/15]
View answerOnly Irish citizens are entitled to an Irish passport. Foreign nationals living in the State may apply for citizenship through naturalisation if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956, as amended. Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must
- be of full age;
- be of good character;
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years;
- intend in good faith to continue to reside in the State after naturalisation;
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows- (i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and (ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
A foreign national who is married to, or is the civil partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in her absolute discretion, waive some or all of the statutory conditions in certain circumstances e.g. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons; or where the application is made on behalf of the minor child of a naturalised Irish citizen.
When an applicant is issued a certificate of naturalisation, he or she can then make an application to the Passport Office of the Department of Foreign Affairs and Trade for an Irish passport.
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.
317. Deputy Micheál Martin asked the Minister for Justice and Equality the position regarding the recommendation from the Constitutional Convention on blasphemy; and if she will make a statement on the matter. [2172/15]
View answerThe Deputy will be aware that the Government agreed last September to hold a referendum on removing the offence of blasphemy contained in Article 40.6.1.1 of the Constitution, in response to the 6th Report of the Convention on the Constitution. The Government's response was presented in the Dáil on 2nd October 2014.
The work necessary to prepare a Referendum Bill and a Bill to amend the current legislative provision for the offence of blasphemy is ongoing in my Department.
An appropriate date for the Referendum will be decided by Government when the legislation has been prepared. Last month, the Taoiseach confirmed in the Dáil that the blasphemy referendum will not be held in 2015, as two referenda are already scheduled for this year.
In the meantime, my officials and I are working on preparing the necessary legislation, which is included in the Government Legislative Programme for 2015.
