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Wednesday, 4 Mar 2015

Written Answers Nos. 95-102

Direct Provision System

Questions (95)

Tony McLoughlin

Question:

95. Deputy Tony McLoughlin asked the Minister for Justice and Equality in view of the distress being caused to asylum seekers in the direct provision system as a result of delays in processing their applications, if she will allocate extra staff resources in order to expedite the processing of requests for asylum; and if she will make a statement on the matter. [9427/15]

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Written answers

I have previously acknowledged that the length of time that applicants spend in the protection process is a matter that needs to be addressed particularly in light of the sharp increase in asylum application volumes in 2014 and so far in 2015. The Deputy may be aware that an Independent Working Group was established in October 2014 to recommend to the Government what improvements should be made to the protection process, including direct provision and supports to asylum seekers. One of the tasks of the Working Group is to identify improvements to existing arrangements for the processing of protection applications taking account of the Government's intention to legislate for a single application procedure.

The Group began its work in November last under the Chairmanship of retired High Court Judge, Bryan McMahon and its membership is drawn from a range of interests in the international protection area including UNHCR, non-governmental organisations (including the Irish Refugee Council), protection applicants, academia, and relevant Government Departments and Offices. The Working Group is due to report to Government with its recommendations by April 2015.

With regard to protection legislation my objective is to reform the current multi-layered and sequential system which can result in applicants being accommodated in the State's system of direct provision for indeterminate periods of time. The introduction of the single procedure will enhance our capacity to efficiently grant international protection to those who are entitled to it. At the same time, it will identify, at a much earlier stage, persons who have no entitlement to stay in the State and who can safely return to their country of origin. I intend to publish the General Scheme of the International Protection Bill once it has been approved by Government.

Notwithstanding the deliberations of the Protection Working Group and the imminent publication of the International Protection Bill, a number of other initiatives have already been put in place to address the number of cases on hand in the protection system which are yielding significant results. Various strategies are being utilised to deal with cases on hand including the scheduling of interviews on Saturdays. The transfer of subsidiary protection application processing to the Office of the Refugee Applications Commissioner in late 2013 has resulted in decisions in some 825 cases at first instance by the end of 2014. In addition, a further 1,300 subsidiary protection applications have either been withdrawn or deemed withdrawn. The processing of these cases has been greatly aided by the establishment of a legal panel set up to assist the Commissioner with this work. Based on the success of the use of the panel it is now planned to expand it and extend its remit to include the processing of asylum applications. An advertisement seeking new panel members was placed in national newspapers in February.

The Deputy should also be aware that the time taken to process a protection application to finality can be prolonged by the lodging by applicants of appeals with the Refugee Appeals Tribunal against determinations made by ORAC or the taking of judicial review proceedings against decisions made at various stages of the protection determination process. To assist with processing at the appeals stage of the process I have recently appointed nine additional members to the Refugee Appeals Tribunal. These members have been selected from those who were considered suitable for appointment following a competitive process involving the Public Appointments Service.

My Department is also actively considering what other measures can be taken to reduce the number of cases on hand at the leave to remain stage of the process in advance of the introduction of a single application procedure.

Departmental Properties

Questions (96)

Patrick O'Donovan

Question:

96. Deputy Patrick O'Donovan asked the Minister for Justice and Equality if she will provide details of all properties rented by her Department; the annual cost of the lease; the duration of the leases; and the capacity and occupancy of each premises as of 31 January 2015. [9462/15]

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Written answers

I wish to inform the Deputy that it has not been possible to provide the information required in the time available. The information is currently being collated and will be forwarded to the Deputy as soon as it is to hand.

Refugee Status Applications

Questions (97)

Bernard Durkan

Question:

97. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in the case of a person (details supplied) in County Laois; and if she will make a statement on the matter. [9486/15]

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Written answers

The person concerned arrived in the State on 15 July 2009 and subsequently failed to establish their entitlement to be declared a Refugee following assessment of their claim by both the Refugee Applications Commissioner and on appeal, the Refugee Appeals Tribunal. They were subsequently deemed not to qualify for Subsidiary Protection.

Having fulfilled the appropriate statutory assessments and considerations, a Deportation Order was signed in respect of the person concerned on 12 March 2012.

On 5 April 2012, the person concerned commenced Judicial Review proceedings seeking, among other things, to quash the Deportation Order of 12 March 2012. As the proceedings are currently before the High Court, I am precluded from further commenting on the matter.

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.

Road Traffic Accidents Data

Questions (98)

Thomas P. Broughan

Question:

98. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to the response to Parliamentary Question No. 312 of 11 November 2014, which was received on 30 January 2015, regarding the number of fatal collisions in 2014 and number of drivers involved tested for alcohol, which outlined that there were 161 road collisions up to 19 November 2014, 91 involved one vehicle and 70 involved more than one, 97 drivers were tested for alcohol and six tested positive for an intoxicant above the legal limit, if she will provide a breakdown on the reason 64 of those drivers, out of 161 fatal crashes in 2014, were not tested for alcohol either at the scene, Garda station or hospital after being involved in a fatal crash. [9533/15]

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Written answers

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.

Road Traffic Offences

Questions (99)

Thomas P. Broughan

Question:

99. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if the Courts Service has assigned an offence code for the prosecution of drivers who have been disqualified but failed to produce or surrender their licence; if so, if An Garda Síochána has inputted the code on the PULSE system; the number of arrests that have been made under this offence code to date; and when prosecutions will begin for this offence. [9534/15]

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Written answers

I wish to advise the Deputy that I am making inquiries with the Courts Service and the Garda Síochána in relation to the information sought by the Deputy and I will write to the Deputy directly as soon as it is to hand.

Road Traffic Offences

Questions (100)

Thomas P. Broughan

Question:

100. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 314 of 20 January 2015, if she has now received the Garda report that she requested outlining the number of prosecutions so far brought under the Road Traffic Act 2006 (Restriction on Use of Mobile Phones) Regulations 2014; and the number of arrests made by An Garda Síochána under this law. [9535/15]

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Written answers

I am informed by the Garda authorities that, as of the 1 March 2015, 63,131 fixed charge notices have issued since 2013 in respect of the offence of holding a mobile phone while in charge of a mechanically propelled vehicle; the table below details the annual breakdown. It should be noted that these figures are provisional, operational and subject to change.

The Garda authorities have further informed me that, in respect of offences under the Road Traffic Act, 2006 (Restriction on Use of Mobile Phones) Regulations, 2014, 2 prosecutions have been initiated as of 1 March 2015.

Number of Fixed Charge Notices Issued in Response to the Offence of Holding a Mobile Phone

Year

Number of FCN Issued

2013

28,811

2014

32,372

2015*

1,948

Total

63,131

*as at 01/03/2015

Human Trafficking

Questions (101)

Thomas P. Broughan

Question:

101. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of prosecutions made relating to trafficking persons to Ireland in 2014 and to date in 2015; and the steps she is taking to eliminate this criminal behaviour. [9536/15]

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Written answers

On 1 January 2009, the Anti-Human Trafficking Unit of my Department initiated a data collection strategy for the purpose of gaining a more in-depth understanding of the nature and extent of human trafficking in Ireland. To date, annual reports for 2009, 2010, 2011 and 2012 have been published and are available from Ireland’s dedicated anti-human trafficking website, www.blueblindfold.gov.ie, in addition to my Department’s website.

With regard to the specific information sought by the Deputy, fourteen (14) prosecutions in relation to human trafficking were taken in 2014, one (1) of which related to the trafficking of a person to Ireland. I am informed by An Garda Síochána that to the end of February 2015 a total of eleven (11) new human trafficking related investigations have been commenced, however, no prosecution relating to alleged human trafficking offences has been initiated to date in 2015. Human trafficking related investigations are complex, often involving an international dimension, which can result in prosecutions being initiated some considerable time after an offence is reported or discovered.

Over the past number of years strong legislative, administrative and operational measures have been put in place in Ireland to combat and prevent trafficking in human beings. The Criminal Law (Human Trafficking) Act 2008, with penalties of up to life imprisonment for human trafficking, greatly strengthened the law in this area and this legislation was further bolstered in 2013 with new forms of exploitation, for forced begging and forced criminal activities, being provided for in new legislation.

A dedicated Anti-Human Trafficking Unit was established in the Department of Justice and Equality in 2008 with the purpose of ensuring that the State's response to human trafficking is coordinated and comprehensive. In addition to that dedicated Unit in the Department of Justice & Equality there are 3 other dedicated Units in State Agencies dealing with the issue:

-the Human Trafficking Investigation and Co-ordination Unit in the Garda National Immigration Bureau. The Garda Commissioner has recently announced the establishment of a Child Protection and Human Exploitation Unit, within An Garda Síochána. This unit is to include Child Protection, Domestic Violence and Sexual Assault Investigation Unit (DVSAIU) and Human Trafficking. A Detective Chief Superintendent is to take charge of this new unit.

-the Anti-Human Trafficking Team in the Health Service Executive, who develop individualised care plans for victims, and

-a specialised Human Trafficking legal team in the Legal Aid Board.

Dedicated personnel are also assigned to deal with the prosecution of cases in the Office of the Director of Public Prosecutions and staff in the New Communities and Asylum Seekers Unit in the Department of Social Protection facilitates victims moving into mainstream social services. There are also a wide range of training and awareness raising activities on-going and extensive consultation structures exist with Non-Governmental Organisations, International Organisations and State Agencies.

This year, and for the past few years, An Garda Síochána, in its Annual Policing Plan, has identified trafficking in human beings as one of its priorities with an increased focus given to prevention and detection of human trafficking. Any suspicion of human trafficking that is reported to An Garda Síochána is the subject of a comprehensive investigation .

The State provides a wide range of support services to victims of human trafficking, these include: accommodation, medical care and planning, psychological assistance, material assistance, legal aid and advice, vocational training and education. The Anti-Human Trafficking Team in the HSE develops individual Care Plans for persons who are potentially victims of human trafficking. These Care Plans include a range of issues including medical health, G.P. referral, counselling, psychological care, sexual health, material assistance, accommodation, training needs, education, etc.

The Government’s approach to the issue of Human Trafficking is set out in the National Action Plan to Prevent and Combat Trafficking of Persons which set out 144 Actions to be undertaken to address this issue. A copy of the National Action Plan and a Review of the Plan are available on the dedicated Anti-Trafficking site blueblindfold.gov.ie. A Second National Action Plan is currently at an advanced stage of drafting and will be the subject of consultation with a broad range of organisations active in this field. This Plan will also be informed by the findings of international evaluations of Ireland’s anti-trafficking measures.

Garda Remuneration

Questions (102)

Jerry Buttimer

Question:

102. Deputy Jerry Buttimer asked the Minister for Justice and Equality if she will consider sanctioning an increase in wages and/or restoring the rent allowance payment for the recent intake of trainee members of An Garda Síochána; and if she will make a statement on the matter. [9593/15]

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Written answers

Details of the remuneration package, ie basic pay and allowances were made available to all applicants prior to the commencement of the current recruitment competition. That competition attracted over 20,000 applications in late 2013 and the most recent batch of recruits joined the force in January of this year. While the remuneration of Garda members is being reviewed under the Haddington Road Agreement, there are no plans to restore the rent allowance or indeed any other allowances that were abolished for all public servants.

The issue of any increase in salary for Garda members is one for the Minister for Public Expenditure and Reform.

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