Written Answers Nos. 446-460
446. Deputy Brendan Griffin asked the Minister for Justice and Equality the reason middle names, as they appear on drivers' licences, are required for inclusion on payment forms accompanying fixed charge penalty notices; if the matter will be reviewed, as it is leading to difficulty for persons attempting to pay fines; and if she will make a statement on the matter. [11320/15]
View answerThe Deputy will appreciate that I have no direct role in the administration of fixed charge notices for relevant road traffic offences which is an operational matter for An Garda Síochána. I understand, however, that the form in question, including the specific information required, is set out by means of a Statutory Instrument under Road Traffic legislation, and requires that a person's name(s) as it appears on their driving licence be provided. As this legislation is a matter for my colleague the Minister for Transport, Tourism and Sport, I have brought the Deputy's concerns to his attention.
447. Deputy Alan Farrell asked the Minister for Justice and Equality the equipment installed in Garda vehicles when procured; an estimate of the cost of installing the required equipment; and if she will make a statement on the matter. [11329/15]
View answerThe information sought by the Deputy has been requested from the Garda authorities and I will be in contact with the Deputy when the information is to hand.
448. Deputy Alan Farrell asked the Minister for Justice and Equality if the possibility of using a material other than canvas or cloth for the rear seats of Garda vehicles has been examined; if her Department has considered installing a protective barrier between the front and rear seats to ensure the safety of members of An Garda Síochána; and if she will make a statement on the matter. [11330/15]
View answerDecisions in relation to the provision and fit out of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources.
In that context, I am informed by the Garda authorities that current specifications for Garda vehicles, in terms of materials and construction, are considered sufficient to meet An Garda Síochána's operational requirements. I am further informed that new developments in vehicle design and materials are kept under ongoing review.
The Deputy will be aware that I recently secured a further €10 million for investment in the Garda fleet of which €7 million was made available towards the end of last year, bringing total investment in the Garda fleet to €11 million in 2014. The remaining €3 million is being made available for the purchase and fit out of additional Garda vehicles during 2015
The vehicles will be allocated over the coming months, following fit out, in accordance with the Garda Commissioner's identified policing requirements.
449. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding the judicial council Bill and the infringement of children's rights in the courts system; and if she will make a statement on the matter. [11336/15]
View answerThe Deputy will be aware from replies to previous PQs that the Programme for Government undertakes to “legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges". This commitment is being pursued by way of the proposed Judicial Council Bill which will provide for the establishment of a Judicial Council and Board of that Council to promote excellence and high standards of conduct by judges. In addition, the proposed Bill will provide for the establishment of a Judicial Conduct Committee, the membership of which will include lay persons, to facilitate investigation of allegations of judicial misconduct.
Work on the drafting of the Bill continues in conjunction with the Office of the Attorney General and it is envisaged that it will be published during this Parliamentary session.
The Judiciary is independent in the exercise of its functions and it would not be appropriate for me to comment on the conduct or outcome of a matter which comes before the courts.
450. Deputy James Bannon asked the Minister for Justice and Equality when the vacant position of superintendent in Granard Garda station, County Longford, will be filled; and if she will make a statement on the matter. [11339/15]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, among the Garda Regions, Divisions, and Districts. Garda management keep 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 been informed by the Garda Commissioner that the allocation of members of An Garda Síochána at the rank of Superintendent is made by the Commissioner in consultation with her senior management team. Currently there are three members of An Garda Síochána at the rank of Inspector awaiting promotion to the rank of Superintendent. The Commissioner will revisit the current vacancies at Superintendent rank when their appointment has been confirmed.
Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed and is determined by a number of factors including population, crime trends and as the policing needs of each individual division dictates. Such monitoring ensures that optimum use is made of Garda resources, and the best possible Garda service is provided to the general public.
451. Deputy Mick Wallace asked the Minister for Justice and Equality when she expects to have legislation before Dáil Éireann to provide for cautions and convictions for lesser crimes to be deemed to be spent; if she does not have such plans, the reason there is no such provision envisaged and the reason Ireland will not be introducing such legislation, which is the norm in the vast majority of legislative jurisdictions; and if she will make a statement on the matter. [11341/15]
View answerThe Criminal Justice Spent Convictions 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.
Pending the amendment of both the Spent Convictions Bill, and the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, an Administrative Filter for Garda Vetting Disclosures has now been introduced. In accordance with the provisions of this filter over 80% of district court convictions now become spent after 7 years and are no longer being disclosed in Garda Vetting Disclosures. It is proposed to amend the Bill to mirror the provisions contained in the administrative filter and have a common standard for minor convictions becoming spent after 7 years. Under the current provisions of the Bill a circuit court conviction which results in a penalty of up to 12 months imprisonment could become spent. It is proposed to retain a provision in the Bill which will allow one such circuit court conviction to become spent after 7 years.
The amendments to the Bill are being finalised at present and I intend to bring these before the Oireachtas as soon as possible in order that the Bill will be enacted before the summer.
452. Deputy Jonathan O'Brien asked the Minister for Justice and Equality if she will provide, in tabular form, the number of incidents of self-harm that required medical attention in each direct provision accommodation centre during each year since 2009. [11345/15]
View answerThe Reception & Integration Agency (RIA) of my Department is responsible for the provision of full board accommodation and certain ancillary services to asylum seekers in accordance with the Government policy of direct provision. There are currently approximately 4,300 asylum seekers in 34 centres around the State.
Aside from full board accommodation services provided by RIA, services to residents of direct provision centres are main streamed i.e. they receive a range of State services - education, health, community welfare supports and so on - in the same way as the general population.
Given the main streamed nature of health care provision, persons requiring medical treatment would be treated by the HSE in the same manner as a person living in the community. Whether the treatment arose from self harm or otherwise is a matter for determination by HSE. RIA has no role in the provision of health care and as such would not have any statistics of the nature sought. As a general comment, RIA has not been informed by the HSE that there is an issue of concern surrounding self harm in accommodations centres. It is also necessary to note that only one death of a resident in RIA centres since the inception of the direct provision system in 2000 can with certainty be said to be a suicide and that involved a newly arrived asylum seeker taking his own life in 2008 while in hospital.
453. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of persons refused leave-to-land at all ports of entry; the reason they were refused in each case; the age, gender and nationalities of the persons refused, not just the top five nationalities; the countries to which they were returned, for the years 2010 to 2014; and if she will make a statement on the matter. [11362/15]
View answer454. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of persons who have been detained following a refusal of leave-to-land in the years 2010 to 2014; their length of detention, place of detention, age, gender and nationality; if they were subsequently removed from the State; and if she will make a statement on the matter. [11363/15]
View answer455. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of persons refused leave-to-land who subsequently applied for asylum at each port of entry for the years 2010 to 2014; their age, gender and nationality; and if she will make a statement on the matter. [11364/15]
View answerI propose to take Questions Nos. 453 to 455, inclusive, together.
In the time available it has not been possible to obtain all the information requested by the Deputy from the Garda authorities. I will write to the Deputy in due course on the matters raised. I should point out that while every effort will be made to provide the information sought, it is possible that some of the information will not be available in the form requested by the Deputy and/or could only be obtained by the disproportionate expenditure of time and resources relative to the information sought.
For the Deputy's information, I would draw his attention to the fact that since 2011, my Department issues a press release in early January each year which gives a review of the main developments in the previous year in the immigration and asylum areas and provides key figures on activity during the year concerned including numbers of all removals from the State broken down further to show total numbers of those refused permission to enter the State.
456. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the procedure that is followed at ports of entry when a person is refused leave-to-land; and if she will make a statement on the matter. [11365/15]
View answer457. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the procedure that is followed at ports of entry when a person is refused leave-to-land, and subsequently applies for asylum; and if she will make a statement on the matter. [11366/15]
View answerI propose to take Questions Nos. 456 and 457 together.
The removal of illegal immigrants from the State is a necessary feature of the enforcement of immigration legislation with the purpose of upholding the integrity of the immigration system. In enforcing the law in this respect, Ireland is no different from other countries who also remove individuals who have no lawful right to remain within their territory.
The legal provisions governing the refusal of permission to land are set-out in Section 4(3) of the Immigration Act, 2004. This provision sets out the eleven grounds on which a non-national may be refused permission to enter or be in the State. A person who is refused such a permission is informed of the decision in writing. The written notice specifies the ground(s) on which the person was refused.
A person refused a permission to enter the State may be removed from the State. Removals are essentially operational matters for the Garda National Immigration Bureau who work closely with officials of my Department in arranging the necessary travel documents and other papers required. Section 5 of the Immigration Act, 2003 contains the main provisions dealing with the removal from the State of persons refused leave to land and specifies that a person to whom this section applies may be arrested by an immigration officer or a member of the Garda Síochána and detained in a prescribed place of detention for the purpose of facilitating their removal from the State.
It should be noted by virtue of Section 5(3) of the Immigration Act, 2003, the State has a positive duty to remove a person as soon as practicable. The detention of a person cannot exceed eight weeks in aggregate in accordance with the provisions of Section 5(3)(a) of the Immigration Act, 2003 which states “ A person arrested and detained under this section may, subject to subsection (4), be detained only until such time (being as soon as practicable) as he or she is removed from the State in accordance with this section but, in any event, may not be detained for a period exceeding 8 weeks in aggregate”.
In general it is the practice to remove persons from the State on the next available flight or ship. In keeping with standard practice in other jurisdictions, some individuals are escorted to their country of origin or to a connecting hub. In the case of persons refused permission to enter the State at ports of entry, scheduled commercial aircraft and ferries are used to effect removals.
Persons may be refused permission to land in the State and subsequently permitted to enter the State in circumstances where they have made an application pursuant to the Refugee Act, 1996. Where a person applies for Refugee status at a port of entry, section 8 of the Refugee Act, 1996 makes clear that the person shall be interviewed by an immigration officer as soon as practicable after arrival and that he or she may apply to the Minister for a declaration of refugee status. The immigration officer concerned is required to inform the person that he or she may apply for a declaration and that he or she is entitled to consult a solicitor and the representative in Ireland of the UN High Commissioner for Refugees. The interview undertaken by the immigration officer shall, where necessary and possible, be conducted with the assistance of an interpreter and a record of the interview is kept by the immigration officer conducting the interview and a copy given to the person making the application, the Irish based representative of the UN High Commissioner for Refugees and the Refugee Applications Commissioner. The Minister having considered the relevant provisions of the Refugee Act, 1996 will formally refer such applications to the Refugee Applications Commissioner for determination.
458. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will provide, in tabular form, the number of persons who were detained prior to their removal from the State on foot of a deportation order; their age, gender and nationality; the length of their detention; and the place of their detention, for the years 2010 to 2014. [11367/15]
View answerI wish to inform the Deputy that the detention of persons in Ireland who are the subject of Deportation Orders is only used in circumstances necessary to effect removal but not as a matter of course.
In enforcing the law in respect of deportations, Ireland is no different to other countries who also remove individuals who have no lawful right to remain within their territory. Ireland, like other EU member states, uses deportation of illegal immigrants and failed asylum seekers as the policy of last resort. The process leading to a deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to Deportation Orders. It should also be noted that a Deportation Order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law.
I am advised by the Irish Naturalisation and Immigration Service of my Department that it will not be possible to provide the statistics in the manner requested by the Deputy. Attempting to provide this information would mean matching and cross-matching a large number of data sources in such a way that the veracity and reliability of the resulting statistics could not be guaranteed. In addition, carrying out such an exercise would have a significant impact on the ability of a number of processing units to carry out their day to day work and would divert resources away from the processing of individual cases, which is my priority.
459. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determining an application for leave-to-remain in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [11374/15]
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.
Representations were received on behalf of the person concerned pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended), to have her Deportation Order revoked. This application is under consideration at present. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, 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.
460. Deputy Jerry Buttimer asked the Minister for Justice and Equality when she will receive a report on the submissions relating to a joint report by her Department and a working group in An Garda Síochána that is reviewing firearms licensing; if consideration will be given to the views and submissions of all stakeholders, including groups representing those who use firearms for sporting purposes prior to making any final decision regarding changes in the licensing system; and if she will make a statement on the matter. [11378/15]
View answerIn light of public safety concerns highlighted by An Garda Síochána, a joint Department of Justice and Equality/An Garda Síochána Working Group was established by the Department of Justice and Equality to review firearms licensing. The report of this Working Group was published on 13 November 2014 and submissions on the report were sought from stakeholders and the public by 31 January 2015. The consultation process gave individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation. The submissions received are currently being examined and incorporated into a report for me.
The Oireachtas Committee on Justice, Defence and Equality has also sought submissions and held hearings with interested parties in relation to the Working Party report and will publish its own report on the matter. I have already given a commitment that I will not make any decisions until I have met the key stakeholders, including the organisations who represent those who use firearms for sporting purposes.
