Written Answers Nos. 417-430
417. Deputy Bernard J. Durkan asked the Minister for Defence the number of promotional positions remaining to be filled throughout the Defence Forces at all ranks; and if he will make a statement on the matter. [12131/15]
View answerI am advised by the Military Authorities that the strength of the Permanent Defence Force, at 28 February 2015, the latest date for which figures are available was 9,277, comprising 7,458 Army, 765 Air Corps and 1,054 Naval Service personnel.
The following table outlines the establishment, strength and vacancies of the Permanent Defence Force, by Army, Air Corps and Naval Service as at 28 February 2015, based on the agreed stabilised strength for the Permanent Defence Force of 9,500.
Promotions are ongoing within the Officer and Non-Commissioned ranks in order to fill rank vacancies. New NCO promotion competitions to fill vacancies to the ranks of Sergeants and above were held in late 2014 and promotions are currently underway.
In addition, targeted recruitment will continue in 2015 so as to maintain the level of 9,500 personnel. It is my intention that promotions, along with targeted recruitment, will continue to be carried out within the resource envelope allocated to Defence.
PDF Strength by Rank as at 28 February 2015 versus PDF Rank Establishment of 9,500
|
Lt Gen |
Maj Gen |
Brig Gen |
Col |
Lt Col |
Comdt |
Capt |
Lt |
SM |
BQMS |
CS |
CQMS |
Sgt |
Cpl |
Pte/Cadet |
|
|
Army Rank Establishment |
1 |
2* |
6 |
3 5 ** |
110 |
25 7 |
306 |
167 |
29 |
33 |
114 |
170 |
973 |
1,437 |
3,880 |
|
Army Strength |
1 |
0 |
6 |
32** |
104 |
251 |
269 |
228 |
29 |
32 |
106 |
161 |
893 |
1,373 |
3,907*** |
|
Vacancies by Rank |
0 |
2* |
0 |
3 |
6 |
6 |
37 |
- 61 |
0 |
1 |
8 |
9 |
80 |
64 |
- 27 |
|
Air Corps Rank Establishment |
0 |
0 |
1 |
2 |
14 |
36 |
65 |
48 |
8 |
4 |
56 |
14 |
131 |
183 |
324 |
|
Air Corps Strength |
0 |
1* |
1 |
2 |
11 |
31 |
55 |
28 |
8 |
4 |
53 |
14 |
126 |
154 |
275*** |
|
Vacancies by Rank |
0 |
-1 |
0 |
0 |
3 |
5 |
1 0 |
20 |
0 |
0 |
3 |
0 |
5 |
2 9 |
4 9 |
|
Naval Service Rank Establishment |
0 |
0 |
1 |
2 |
13 |
45 |
81 |
41 |
6 |
7 |
75 |
15 |
226 |
180 |
402 |
|
Naval Service Strength |
0 |
1* |
1 |
2 |
13 |
43 |
62 |
31 |
6 |
7 |
73 |
9 |
198 |
150 |
453*** |
|
Vacancies by Rank |
0 |
-1 |
0 |
0 |
0 |
2 |
19 |
10 |
0 |
0 |
2 |
6 |
28 |
30 |
- 51 |
|
Total Vacancies by Rank |
0 |
0* |
0 |
3 ** |
9 |
1 3 |
66 |
- 31 |
0 |
1 |
13 |
1 5 |
1 13 |
123 |
- 29 |
* For administrative record purposes, the two Major General Appointments in the Permanent Defence Force are held against the establishment for the Army. One of these posts is currently filled by an Air Corps Officer and the other by a Naval Service Officer.
** Within the Establishment figures there is provision for 10 Colonel Appointments overseas. However, as there is no requirement to fill 2 of the Colonel overseas appointments no vacancy exists in the rank of Colonel in the Army.
*** Includes 20 Army Cadets, 23 Air Corps Cadets and 10 Naval Service Cadets.
There are an additional 73 personnel on career breaks/secondment, who are not included in the strengths in the above table.
Note: Equivalent Naval Service Ranks - Brigadier General/Commodore; Colonel/Captain; Lieutenant Colonel/Commander; Commandant/Lieutenant Commander; Captain/Lieutenant(NS); Lieutenant/Sub Lieutenant; Sergeant Major/Warrant Officer; Battalion Quartermaster Sergeant/Senior Chief Petty Officer; Company Quartermaster Sergeant/Senior Petty Officer; Company Sergeant/Chief Petty Officer; Sergeant/Petty Officer; Corporal/Leading Seaman; Private/Able Seaman.
418. Deputy Seán Ó Fearghaíl asked the Minister for Defence in view of recent reports that the Naval Service is working with a company (details supplied) in County Cork on developing compatible drone technology in order to extend the service's operational deployment reach in fishery protection and drug and criminal interdiction at sea, if he will confirm that these reports are correct; and the formal arrangements in place for this technology co-operation. [12156/15]
View answerThe Defence Forces are continuously seeking new and innovative ways of maintaining and developing defence and security capabilities in order to provide the best value for money and affordable defence and in that context the Naval Service is involved in a strategic partnership with the Irish Maritime Energy Cluster (IMERC) in Ringaskiddy and the NMCI/Halpin Centre for Research and Innovation.
The Naval Service has supported the research and development of products with commercial entities, including with Skytec, through the IMERC/NMCI/Halpin institutions. Products have been trialled and utilised by the Naval Service in an exploratory capacity where they could have the potential to contribute to Defence Forces capability development.
419. Deputy Pearse Doherty asked the Minister for Justice and Equality her views on the website of a trust management company (details supplied) which advertises on the basis that it operates in a lightly regulated environment without the costs or inconveniences associated with an offshore jurisdiction. [11344/15]
View answer437. Deputy Pearse Doherty asked the Minister for Justice and Equality the number of trust or company service providers authorised by her Department; her views on the website of a company (details supplied) which advertises on the basis that it operates in a lightly regulated environment without the costs or inconveniences associated with an offshore jurisdiction. [11234/15]
View answerI propose to take Questions Nos. 419 and 437 together.
I wish to inform the Deputy that a total of 298 entities are currently authorised to operate as Trust or Company Service Providers (TCSPs) under the provisions of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 as amended by the Criminal Justice Act 2013.
Authorisation to operate as a TCSP, which is granted by me in my role as 'State Competent Authority' under the above Acts, is in respect of money laundering controls only. It is the function of the State Competent Authority to ensure that entities such as TCSPs are compliant with anti-money laundering measures specified in legislation; this function is discharged through a compliance monitoring regime and the taking of measures that are reasonably necessary for the purpose of securing such compliance. To give effect to the role of the Competent Authority under the Act, the Anti-Money Laundering Compliance Unit was established in my Department on the enactment of the Act and Authorised Officers have been appointed under Section 72 of the Act. Authorised Officers have wide-ranging powers under the Act to determine the position with regard to the compliance standing of entities authorised to carry on business as TCSPs.
In the specific case referred to by the Deputy I can confirm that this entity was granted authorisation in 2012 for a period of 3 years with a request for a renewal of that authorisation currently pending. During that 3 year period the entity was subject to an inspection by an Authorised Officer of the Anti-Money Laundering Compliance Unit in my Department. The Officer was satisfied that the entity was fully compliant with the provisions of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 as amended by the Criminal Justice Act 2013.
420. Deputy Tom Fleming asked the Minister for Justice and Equality her plans to amend the maintenance of children court led services in order that there is an automatic deduction at source from wages while freeing up court hearings; and if she will make a statement on the matter. [11825/15]
View answerUnder the law as it stands, maintenance may be deducted from wages under an "attachment of earnings order". The court may make such an order at the same time as making a maintenance order. These orders are usually made where the court considers that there is otherwise a risk that the maintenance will not be paid.
421. Deputy Denis Naughten asked the Minister for Justice and Equality the plans the Office of Public Works has to refurbish Roscommon Courthouse; and if she will make a statement on the matter. [11932/15]
View answerAs the Deputy is aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of accommodation for court sittings.
However, in order to be of assistance I have had enquiries made and the Courts Service informs me that they are aware of the shortcomings of the court facilities in Roscommon Courthouse at present. The Courts Service has confirmed that the capacity of the courtrooms is limited and the facilities for court users are not satisfactory. The Courts Service has assured me that it is committed to providing improved court facilities in Roscommon town which is one of a small number of county towns where a new or refurbished courthouse remains to be provided.
I am informed that, with the departure of Roscommon Council from the building later this year, the Courts Service has considered the potential for the development of the courthouse. It is understood that the initial assessment is that the courthouse could be suitably redeveloped within the historic structure if the Courts Service had all of that building available to it along with some additional space adjoining it. As the Deputy will appreciate, the cost of acquiring the additional space would be a major factor in deciding whether to redevelop the historic courthouse or to provide a new building on a new site. While the Courts Service currently does not have funding to undertake work in Roscommon, they have assured me that the development of courthouse facilities in Roscommon town is part of its plans for the future.
422. Deputy Andrew Doyle asked the Minister for Justice and Equality if she will provide funding for a Garda youth diversionary project (details supplied) in County Wicklow; and if she will make a statement on the matter. [12112/15]
View answerThe Deputy will be aware that my Department has responsibility for the Community Programmes Unit of the Irish Youth Justice Service (IYJS) which funds 100 Garda Youth Diversion Projects (GYDP) nationwide.
On 19 December 2014, I announced that funding will be provided under the Dormant Accounts Disbursement Scheme to expand Irish Youth Justice Service Community Programmes. This new funding will support efforts by my Department and An Garda Síochána to reduce youth crime. There is €2.8 million available to the Irish Youth Justice Service Community Programmes to support a number of proposals, including the establishment of ten new Garda Youth Diversion Projects (GYDPs) at additional locations around the country, an additional sixteen youth justice workers for existing GYDPs in areas with high levels of youth crime and the roll-out of mentoring supports for GYDPs participants and to assist Garda Juvenile Liaison Officers operating in areas without access to a GYDP. The locations for new projects and for the additional youth justice workers have been selected following a detailed examination by IYJS and An Garda Síochána of national youth crime and population statistics, including a detailed analysis of youth crime by the Garda Síochána Analysis Service. This examination took into account existing youth justice supports and identified the areas which have the most urgent need for additional crime reduction projects. My formal announcement of the locations selected will be made shortly, following the completion of some technical procedures linked to the Dormant Accounts Scheme.
423. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [11106/15]
View answerI am advised 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 person concerned initiated Judicial Review proceedings challenging the decision of a 17 (7) application which is an application to make a new asylum claim under section 17 (7) of the Refugee Act 1996. Following the outcome of these proceedings, the 17 (7) application will be reconsidered. 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.
424. Deputy Finian McGrath asked the Minister for Justice and Equality the reason the decision has been made not to hold a commission of investigation into the death of a person (details supplied); and if she will make a statement on the matter. [11135/15]
View answerAs I have indicated to the Deputy previously, I met with family members of the victim to whom the Deputy refers and their legal representative to hear their concerns about aspects of the Garda investigation of the murder of their loved one and their call for an inquiry. I also committed to consider the family's request on the basis of information which they furnished to me. The case at hand was one of those inquired into by the late Mr. Justice Henry Barron and examined subsequently by a sub-committee of the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights.
I have had a review of the material which the family provided to me and other available material regarding this murder carried out and I wrote to the family recently setting out my conclusion that I could not recommend the establishment of a Commission of Investigation in this case and detailing my reasoning in this regard. I understand that the Deputy has a copy of the letter and is aware of the details.
In summary, in the circumstances where an independent judicial inquiry had already been carried out which focused in great detail on the Garda investigation and found that it could not advance the issues to a conclusive outcome; where an Oireachtas committee had carried out an examination of these same issues, including public hearings, and found also that it could not conclusively address questions relating to the investigation; and where a public apology for identified failings in the investigation was made to the family by former Garda Commissioners and a former Justice Minister, I could not conclude that the issues relating to the Garda investigation could be addressed any more conclusively now than they have been already.
I would note in addition that the Garda Síochána carried out a full review of the original investigation and the original evidence and submitted a file to the Director of Public Prosecutions who directed that no prosecution should be brought.
I regret that my decision in this case is, inevitably, a disappointment for the family. There can be no doubt that the brutal murder of this innocent man by a gunman caused untold grief to his family and friends, and I convey my sympathy once again to them on their loss.
The Deputy will be aware that dealing with the legacy of the troubles on this island is difficult. The Stormont House Agreement sets out a series of useful measures to put in place an overarching framework to deal with the past. The Government is fully committed to playing its part in implementing those measures and I hope they may provide an opportunity for the families of persons killed during the troubles to access further information.
425. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding serial criminals and the bail procedure; and if she will make a statement on the matter. [11136/15]
View answerThe Deputy will be aware that a decision to grant bail in a particular case is a matter for the court, which is, subject only to the Constitution and the law, independent in the exercise of its judicial functions. There is a constitutional presumption in favour of bail because, in the eyes of the law, a person is innocent until proven guilty. The provisions of the European Convention on Human Rights also restrict the extent to which the right to bail can be limited.
Prior to the Sixteenth Amendment of the Constitution, bail could be refused essentially only on the grounds that the accused person would be likely to abscond or interfere with witnesses or evidence. Section 2 of the Bail Act 1997, which gave effect to the Sixteenth Amendment of the Constitution, permits the courts to refuse bail to a person charged with a serious offence where refusal of bail is reasonably considered necessary to prevent the commission of a serious offence by that person. A “serious offence” is an offence listed in the Schedule to the Bail Act that is punishable by at least five years imprisonment.
Section 11 of the Criminal Justice Act 1984 as amended by section 22 of the Criminal Justice Act 2007 provides that any sentence of imprisonment for an offence committed while on bail shall be consecutive but if imposed in the District Court the aggregate term of imprisonment shall not exceed two years.
As regards reform of the bail laws, I can inform the Deputy that the drafting of the General Scheme of a Bail Bill to modernise the law on bail is at an advanced stage in my Department. I intend to bring proposals to Government on the matter in the near future.
I am conscious of public concern about the extent to which offences are committed by persons on bail. I share that concern and believe that bail law must be continually reviewed to ensure that all possible avenues are taken to protect the public against the commission of crime, particularly serious crime, by persons on bail. While the primary aim of the proposed Bail Bill is to consolidate and update bail law, I am taking the opportunity in this legislation to seek, as far as is possible, within the constraints of the Constitution and the jurisprudence of the European Court of Human Rights, to restructure the law so that it has a focus on the protection of the individual and of the public. The intention is that the new proposals will provide better guidance to the courts on how such protection might be provided.
426. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and/or expected residency status in the case of a person (details supplied) in County Galway, who has been living in this jurisdiction for eight years; and if she will make a statement on the matter. [11139/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy would appear to have arrived in the State on 04/08/2006.
It would therefore seem that this person has remained in the State without the permission of the Minister for Justice and Equality. This is in breach of Section 5 (1) of the Immigration Act 2004 which provides that no non-Irish national may be in the State other than in accordance with the terms of any permission given to them by or on behalf of the Minister. Furthermore, Section 5(2) of the Act provides that a non Irish national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State. It would seem that this person has failed to meet the requirements of Section 9 of the Act of 2004 which sets out the obligations of non nationals in respect of registration and in particular to the requirements of Section 9(2)(b) of the Act of 2004.
A person who is found to be in breach of the requirements of the Immigration Act 2004 may have committed an offence. A person found guilty of such an offence is liable under Section 13 of the Act of 2004 to a fine not exceeding €3000 or to imprisonment for a term not exceeding 12 months or to both. This person should now present themselves to their local Garda station.
427. Deputy Brendan Griffin asked the Minister for Justice and Equality if there are provisions in law to allow grown-up children the right to see their parents; and if she will make a statement on the matter. [11145/15]
View answerThe key legislation underpinning access matters in relation to Family Law is the Guardianship of Infants Act 1964, as amended, and it extends to minor children only, not to adults. In relation to adults, if, for instance, an adult appoints an attorney under the Powers of Attorney Act 1996 to make decisions on that person's behalf in circumstances where that person loses capacity, the person appointed as attorney may have the power to decide whom the person should see and not see if given authority under the enduring power of attorney to take decisions on personal care matters. The legislation on enduring powers of attorney is being reformed in the context of the Assisted Decision-Making (Capacity) Bill 2013 which is currently awaiting Committee Stage in the Dáil and my aim is to have this Bill enacted this year.
428. Deputy Niall Collins asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 331 to 342 of 3 March 2015, the number of the 276 rifles which she stated were stolen from 2010 to 2014 which were centre-fire rifles; the number which were rim-fire; and if she will make a statement on the matter. [11154/15]
View answer429. Deputy Niall Collins asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 331 to 342 of 3 March 2015, indicating those firearms which were linked to a firearms licence, if she will confirm the 40 air pistols listed as stolen in the parliamentary questions were therefore not in fact licensed or linked to a licence; in those circumstances, if she will indicate where these air pistols were stolen from; and if she will make a statement on the matter. [11155/15]
View answerI propose to take Questions Nos. 428 and 429 together.
I have asked the Garda Commissioner for a report in relation to these matters and will write to the Deputy as soon as I have further information.
430. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide, in tabular form, the persons she has appointed to the Garda promotions board since she was appointed; the process that was followed in making these appointments; if her appointments are in keeping with Regulation 12 (2) of the Garda Síochána (Promotion) Regulations 2006; and if she will make a statement on the matter. [11156/15]
View answerSince my appointment in May of 2014, I have, at the request of the Garda Commissioner and in accordance with Regulation 12 (2) of the Garda Síochána (Promotion) Regulations 2006, appointed four persons to promotion boards in the Garda Síochána as per the following table.
|
Board |
Name |
|
Inspector to Superintendent |
Eamonn Fitzpatrick |
|
Inspector to Superintendent |
Kate Lawler |
|
Superintendent to Chief Superintendent |
James Farrelly |
|
Superintendent to Chief Superintendent |
Brenda Dooley |
