Tuesday, 28 Apr 2015

Written Answers Nos. 197-212

Pension Provisions

Questions (197)

Willie Penrose

Question:

197. Deputy Willie Penrose asked the Minister for Defence if he will take steps to have a comprehensive investigation on behalf of a person (details supplied) in County Westmeath, on whose behalf correspondence was furnished on 6 February 2015 to his Department; if, in that context, he will set up the appropriate interview with the applicant in order to explore fully and comprehensively the situation that has arisen for this person, and to ensure that this person now receives the appropriate and proper entitlements arising therefrom; and if he will make a statement on the matter. [16845/15]

Written answers

Minister for Defence

There are several conditions that require to be satisfied for a person to be extended in service, one of which is that a certain minimum standard of physical/medical fitness is required.

The military authorities have advised me that the person in question was found to be Medical Category ‘E’ by a Medical Board in July 1990 and therefore not recommended to be extended in service. His Commanding Officer subsequently initiated his discharge on the basis of ‘Below Army Physical Standards’ in accordance with Defence Force Regulations (DFR) A10 and A12. The person concerned appealed the findings of the Board but the Director Medical Corps upheld the Board’s decision on 21 September 1990.

It is clear from the records that the person concerned was discharged from the Defence Forces on 28 September 1990 in accordance with regulations.  Although the application for discharge form, AF 97B, was not signed by the Officer in Charge of Records, his discharge is not in doubt.

Under the Army Pensions Acts 1923-1980 a disability pension or gratuity may, following retirement, be granted to a former member of the Permanent Defence Force (PDF) for permanent disablement due to a wound or injury attributable to military service (whether at home or abroad) or to a disease attributable to, or aggravated by, overseas service with a United Nations Force.

The award of a disability pension or gratuity depends on the findings of the Army Pensions Board, the independent statutory body appointed to adjudicate on applications. The rate of disability pension depends on the degree of disablement as assessed by that Board.

It is important to note that discharge from the Defence Forces on medical grounds does not give an automatic entitlement to a disability pension.

The person in question applied for a disability pension in April 1991. The Army Pensions Board considered his case and reported in February 1992 that his condition was not attributable to his service. Consequently, he could not be granted a disability pension.  His case was examined on a number of occasions since by the Army Pensions Board but the Board did not alter its original findings.

If the person concerned is in possession of any additional medical evidence that his medical condition is directly attributable to his military service he should submit this to the Army Pensions Board for their consideration. I should mention that the person in question is in receipt of a modified service pension by virtue of having been discharged on medical grounds.

In these circumstances I do not see any merit in the proposed interview.

Immigration Policy

Questions (198, 199)

Terence Flanagan

Question:

198. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to respond to the tragic loss of life of migrants from Africa in the Mediterranean Sea (details supplied); and if she will make a statement on the matter. [16263/15]

Finian McGrath

Question:

199. Deputy Finian McGrath asked the Minister for Justice and Equality if she will request the European Union to act on the migrant deaths in the Mediterranean Sea; and if she will make a statement on the matter. [16685/15]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 198 and 199 together.

The Government fully shares the horror and outrage at the tragic loss of life in the Mediterranean Sea last week. This is organised criminal activity in the smuggling of vulnerable people who are regarded by the gangs involved as utterly expendable.

My colleague, the Minister for Foreign Affairs Charlie Flanagan, TD, and I attended an emergency joint meeting of EU Foreign and Interior Affairs Ministers in Luxemburg on Monday, 20 April 2015 and the Taoiseach attended the Emergency European Council in Brussels on Thursday, 23 April 2015. The purpose of theses meetings was to discuss what the EU and its Member States can do together to alleviate the situation. This is an EU crisis requiring an EU solution.

At the meeting attended by Minister Flanagan and myself, we emphasised the importance of preventing these extremely perilous journeys from taking place and, in particular, the need to tackle the criminal activity that drives this trade. However, more than anything, people need to be safe in their home countries, and for this reason, political solutions to the many conflicts undermining security in the wider region are essential. We emphasised, as well, the need for increased humanitarian assistance. The immediate response to humanitarian crises of this nature has to be primarily grounded in the region where the conflict occurs, tackling the issue at its roots. If it is a question of funding we in the EU need to find a way to make that happen. Ireland has indicated already that we will be increasing the funding for our humanitarian assistance. As the Deputy will be aware, we are already a substantial donor in this regard.

We highlighted the importance of resettlement, which we will continue to do. Long term development programmes are critical, in addition to emergency humanitarian assistance. Ireland also agreed with the importance of integrating internal and external policy when it comes to addressing migration to bring a greater coherence to the EU’s response.

At the Emergency European Council EU leaders discussed the dramatic situation in the Mediterranean and agreed four priority areas for action, as follows:

- An immediate expansion of the EU Border Agency, FRONTEX, led Operation Triton in terms of resources and scale in the region.

- Stepping up of efforts to disrupt the organised criminal and smuggling groups through greater law enforcement cooperation, the capture and destruction of vessels and possible deployment of a Common Security and Defence Policy operation in the Region.

- Increased cooperation with third countries (with a focus on Turkey, Tunisia, Egypt, Sudan, Mali and Niger), renewed political cooperation in regional dialogues with Africa, greater deployment of Immigration Liaison Officers in the Region and the launch of Regional Development and Protection Programmes in North Africa and the Horn of Africa.

- Solidarity measures, such as; full implementation of the Common European Asylum System, increased emergency aid and deployment of EASO Teams to the front line Member States and setting up a voluntary pilot programme of resettlement.

At the European Council the Taoiseach indicated we would provide a vessel and crew to participate in search and rescue and that we were re-examining our resettlement commitments.

Garda Misconduct Allegations

Questions (200)

Finian McGrath

Question:

200. Deputy Finian McGrath asked the Minister for Justice and Equality her views on a case (details supplied), and the involvement of An Garda Síochána; and if she will make a statement on the matter. [16185/15]

Written answers

Minister for Justice and Equality

I can confirm to the Deputy that the person to whom he refers has recently been included amongst those whose complaints are under consideration by the panel of counsel appointed to operate the Independent Review Mechanism set up to consider allegations of Garda misconduct and inadequacy in the investigation of such allegations.

Following the review of her complaint by counsel a recommendation will be made as to whether any further action is desirable and could practicably be taken. The Deputy will appreciate that it would not be appropriate for me to comment further at this stage.

Garda Deployment

Questions (201)

Niall Collins

Question:

201. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide, in tabular form, by county, the number of gardaí assigned, by station, in April of each of the years 2009 to 2014 and in 2015 to date; and if she will make a statement on the matter. [16188/15]

Written answers

Minister for Justice and Equality

As 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 received the information from the Garda Commissioner on the personnel strength for each county by Station, District and Division for the years ending 30 April 2009 to 2014 and February 2015 for which date figures are readily available. I have arranged that this information which is set out in spreadsheets be sent to the Deputy directly.

Commissions of Investigation

Questions (202, 203)

Niall Collins

Question:

202. Deputy Niall Collins asked the Minister for Justice and Equality the reason for a delay of almost six months in publishing a report regarding the investigation into the death of a person (details supplied); and if she will make a statement on the matter. [16189/15]

Niall Collins

Question:

203. Deputy Niall Collins asked the Minister for Justice and Equality her views on the establishment of a commission of investigation into the circumstances surrounding the death of a person (details supplied); and if she will make a statement on the matter. [16190/15]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 202 and 203 together.

As the Deputy will be aware, Mr. Dominic McGinn, Senior Counsel, was appointed to carry out an independent examination of the report of the Serious Crime Review Team (SCRT) relating to the Garda investigation into the death of Fr. Niall Molloy.

On receipt of the report prepared by Mr McGinn I referred it to the Attorney General for consideration and advice. This was a proper and necessary step in light of the subject matter and having regard to the rights of persons referred to in the report. I appreciate of course the concerns that Father Molloy's family have expressed about the length of time taken to publish the Report, but I had a responsibility to ensure that these matters were properly considered including any legal issues which might arise. Mr McGinn's report was subsequently published with a number of redactions which were made for legal reasons following consultation with the Attorney General and in agreement with Mr. McGinn. I can assure the Deputy that the question of the report's publication received active attention at all times and that I published it as soon as it was possible to do so.

The thrust of Mr. McGinn's report has been to shed light on as many issues as possible in order to minimise the number of unanswered questions regarding the case. While unanswered questions do remain, the report concludes that the precise events surrounding Father Molloy’s death cannot now be ascertained. It concludes that, given the passage of time, the death of many of the pertinent witnesses, and the reluctance of others to give evidence, that it is unlikely any further inquiry would have a reasonable prospect of establishing the truth. In these circumstances I have accepted the report's recommendation that examination by a further inquiry would not be warranted.

The Deputy will also recall that the Garda SCRT Review had earlier been submitted to the Director of Public Prosecutions who advised that there be no further prosecution in relation to the case.

I acknowledge that this is not the outcome that Fr Molloy's family have sought but I hope that putting this amount of information into the public domain regarding the case will be of benefit. I have indicated to family representatives that I am available to meet with them should they so wish.

Garda Deployment

Questions (204, 205)

Michael McCarthy

Question:

204. Deputy Michael McCarthy asked the Minister for Justice and Equality the reason the number of gardaí has been reduced in an area (details supplied) in County Louth in recent years; and if she will make a statement on the matter. [16246/15]

Michael McCarthy

Question:

205. Deputy Michael McCarthy asked the Minister for Justice and Equality her plans to increase the number of gardaí stationed at a location (details supplied) in County Louth; and if she will make a statement on the matter. [16247/15]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 204 and 205 together.

As 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 personnel strength of Louth Garda Division as of 28 February 2015, the latest date for which figures are readily available, was 279 of which three Garda and one Garda Sergeant were assigned to Blackrock Garda Station. There were also 46 Garda Reserves and 22 civilians attached to the Louth Garda Division.

The Deputy will also be aware that the first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15 September 2014. As part of Budget 2015, a further intake of 200 recruits in two batches was announced. On 15 December 2014, the first 100 of these batches commenced their training. The remaining 100 entered the college in early February. This will bring to 300 the number of recruits in the Garda College and is a measure of the Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The September intake attested as members of the Garda Síochána last week and the December intake will attest in the summer. In addition, I have received sanction from the Minister for Public Expenditure and Reform for two further intakes of 125 Garda recruits later this year.

Garda Operations

Questions (206)

Seán Ó Fearghaíl

Question:

206. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality if An Garda Síochána has any involvement in the attempted repossession of a farm (details supplied) in County Kildare; if she is aware of local concerns at the involvement of a private security firm in the attempted repossession; if she is aware of local concerns that up to 50 uniformed personnel, some wearing balaclavas and others with guard dogs, were involved in the repossession effort; if she is further concerned that efforts would be made to effect a High Court order for repossession between the hours of midnight and 5 a.m.; if she considers it acceptable that those involved in this endeavour would trespass on adjoining property, effectively terrorising local residents; if she will arrange to have these events investigated immediately; and if she will make a statement on the matter. [16258/15]

Written answers

Minister for Justice and Equality

I hope the Deputy will appreciate as the case in question is the subject of court proceedings, I am limited in the comments I can make regarding the matters raised. I do not have a role in the appointment of receivers, whether by the courts or otherwise, and the enforcement of court orders is a matter for the courts to oversee and for the parties to address in the proceedings in question.

It is important that I clarify, however, that the role of the Gardaí in relation to the incident referred to was solely to ensure there was no breach of the peace. The Gardaí were not present as a party to the proceedings or to enforce a court order, nor did they have a role as an arbiter in a dispute which has been before the courts.

If any individual has a concern that a criminal action may be have been committed by any person in the course of this incident then this is a matter which An Garda Síochána will of course investigate. Furthermore, if a person believes that they have a complaint to make against the behaviour of any member of An Garda Síochána in the course of this incident or otherwise, it is open to them to contact the Garda Síochána Ombudsman Commission in this regard.

Citizenship Applications

Questions (207)

Niall Collins

Question:

207. Deputy Niall Collins asked the Minister for Justice and Equality the residence requirements to be fulfilled by subsidiary protection holders when applying for Irish citizenship by naturalisation; if these are the same as the requirements for refugees; and if she will make a statement on the matter. [16270/15]

Written answers

Minister for Justice and Equality

A person who is granted Subsidiary Protection is required to satisfy the residency conditions under Section 15 of the Irish Nationality and Citizenship Act 1956 as amended. Section 15 of the Act 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.

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 i.e. 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; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons. Accordingly, this provision does not apply to those granted Subsidiary Protection.

An on-line residency calculator is available on the website www.inis.gov.ie which may be of assistance in establishing if the residency requirements are met. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements.

Alcohol Sales

Questions (208)

Róisín Shortall

Question:

208. Deputy Róisín Shortall asked the Minister for Justice and Equality her views, especially in the context of public order, regarding the growing trend of home delivery of alcohol; her plans in this regard; and if she will make a statement on the matter. [16315/15]

Written answers

Minister for Justice and Equality

The position is that conditions applicable to the sale and supply of intoxicating liquor are set out in the Licensing Acts 1833 to 2011. Under section 17(3) of the Intoxicating Liquor Act 2003, it is an offence for a licensee, with intent to evade the conditions of the licence, to take intoxicating liquor from the licensed premises for the purpose of its being sold on the account or for the benefit or profit of the licensee, or to permit any other person to do so.

The Government Alcohol Advisory Group considered specific issues relating to 'distance sales' of intoxicating liquor in its 2008 Report. The Group drew attention to the requirement that payment must be made in such cases as part of the transaction, e.g. on-line shopping, and not later on delivery of the product. The Group noted that sales of intoxicating liquor which had been ordered by telephone or otherwise and which were paid for on delivery were illegal transactions and recommended that the Gardaí should target such delivery services with a view to prosecuting the offending licensees. Any information concerning transactions of this nature which are contrary to the provisions of the Licensing Acts should, therefore, be brought to the attention of the Gardaí for investigation and possible prosecution.

Moreover, under section 31 of the Intoxicating Liquor Act 1988 (as amended), it is an offence for a licensee to sell or deliver, or to permit any other person to sell or deliver, alcohol to any person for consumption off his or her premises by a person under the age of 18 years in any place except with the explicit consent of the person's parent or guardian in a private residence in which he or she is present either as of right or with permission.

The Government Legislation Programme provides for future publication of the Sale of Alcohol Bill. The Bill, which will update the Licensing Acts and replace them with provisions more suited to modern conditions, will provide an opportunity to further consider the difficulties arising in relation to the control of distance sales of intoxicating liquor and the enforcement of such controls.

Crime Levels

Questions (209)

Niall Collins

Question:

209. Deputy Niall Collins asked the Minister for Justice and Equality if her attention has been drawn to the particular difficulties of crime in Kildare North and in particular in the Celbridge/Leixlip area; when Garda resources will be increased in this area; and if she will make a statement on the matter. [16324/15]

Written answers

Minister for Justice and Equality

I am informed by the Garda authorities that local Garda management closely monitors crime trends and the policing needs of communities in the Kildare North area and relevant operational strategies including patrols and checkpoints are put in place as necessary.

I should mention in particular Operation Obair which is focussed on burglary and related crimes. The objective of Operation Obair is to develop a targeted and integrated approach to criminals involved in committing burglaries in the Eastern Region and it provides both a preventative and detection element.

As the Deputy will appreciate, the Garda Commissioner is responsible for the deployment of Garda resources, including personnel in Garda Regions, Divisions, and Districts. I am advised that Garda management keep the distribution of resources 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 am informed by the Garda Commissioner that the personnel strength of Kildare Garda Division as of 28 February 2015, the latest date for which figures are readily available, was 300 of which there were 35 and 13 Garda assigned to Leixlip and Celbridge Garda stations, respectively. There are also 40 Garda Reserves and 28 civilians attached to the Kildare Garda Division.

Since the resumption of Garda recruitment in September last year a total of 300 new recruits have entered the Garda College in Templemore and I was pleased to preside with the Garda Commissioner at the Passing Out ceremony for the first 100 of these new Gardai on 23 April 2015. The Government is committed to ensuring that recruitment to An Garda Síochána continues seamlessly and I have received sanction from the Minister for Public Expenditure and Reform for two further intakes totalling 250 Garda recruits later this year. On attestation, the new members of An Garda Síochána will be assigned to Garda stations throughout the country by the Garda Commissioner and I am assured that the needs of Kildare Garda Division will be fully considered. In this regard I understand that five probationer Gardaí are being allocated to the Kildare Division in May 2015.

In conclusion I am advised that local Garda management closely monitors the deployment of resources, patrols and operational strategies in place for the areas referred to by the Deputy and is satisfied that a full and comprehensive policing service is being delivered to those areas.

Proposed Legislation

Questions (210)

Finian McGrath

Question:

210. Deputy Finian McGrath asked the Minister for Justice and Equality the reason that the legislation changes planned back in 2010 to allow the Comptroller and Auditor General to become auditor of the Office of the Wards of Court and audit the court’s funds (details supplied) was not carried through; when she envisages that such legislation will be amended to allow this to happen, in view of the fact that the Committee of Public Accounts examined this matter back in 2001; and if she will make a statement on the matter. [16367/15]

Written answers

Minister for Justice and Equality

Jurisdiction in Wards of Court matters is vested in the High Court. Section 4(3) of the Courts Service Act 1998 provides that the Courts Service is independent in the performance of its functions, which are specified in section 5 and includes the management of the Courts. Court funds which are held for the benefit of Wards of Court are private funds under the control of the Courts Service which, through its offices in the High, Circuit and District Courts, has responsibility for the management and investment of funds in court. The Comptroller and Auditor General are not currently empowered to audit Ward of Court funds. The Deputy will be aware that there was a proposal to appoint the Comptroller and Auditor General as auditor of the funds included in a draft Bill in 2010. However it was not subsequently progressed as ratification of the UN Convention on the Rights of Persons with Disabilities led to the drafting of the Assisted Decision-Making (Capacity) Bill 2013 which proposes to abolish the wards of court system.

The investment arrangements for all court funds operate under a structured framework. The Investment Committee of the Courts Service has an advisory role and its main function is to devise investment policy for court funds, oversee the recommendations received from its investment advisors, and to ensure compliance with best practice in the management of court funds. The Committee comprises members of the judiciary, representatives from the Courts Service and independent members. The Committee is chaired by the President of the High Court and is also supported by external investment advisors. The Courts Service also produces annual financial statements and is subject to both internal and external audit. The audited financial statements are published each year in accordance with the Superior Court Rules and published on the Courts Service website at www.courts.ie. The operation of the law in this area is kept under review by my Department.

Crime Levels

Questions (211)

Dan Neville

Question:

211. Deputy Dan Neville asked the Minister for Justice and Equality the crime levels in County Limerick in 2013 and 2014; and if she will make a statement on the matter. [16385/15]

Written answers

Minister for Justice and Equality

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose.

I have requested the CSO to provide the available statistics directly to the Deputy. In this regard it should be noted that the CSO is currently carrying out a detailed analysis of certain issues raised by the Garda Inspectorate in relation to the recording, classification and reclassification of crime, to see whether and to what extent they may have implications for the crime statistics which that Office produces. The CSO have advised that this has led to a delay in the publication of crime statistics and the latest published crime statistics relate to the second quarter of 2014.

Garda Remuneration

Questions (212)

Terence Flanagan

Question:

212. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will address a matter (details supplied) regarding Garda sick pay; and if she will make a statement on the matter. [16421/15]

Written answers

Minister for Justice and Equality

The new Public Service Sick Leave Scheme was introduced from 31 March 2014. The Public Service Management (Sick Leave) Regulations 2014, made by the Minister for Public Expenditure and Reform, set out the terms of the new Public Service Sick Scheme.

The rationale for the new scheme is to increase productivity, and lower the cost of sick leave by reducing the periods during which paid sick leave will be available and capping the period during which “temporary rehabilitation remuneration”, formerly “pension rate of pay”, may be paid.

Under the terms of the new Public Service Sick Leave Scheme entitlement to paid sick leave is calculated over a rolling four year period. This did not previously apply to members of An Garda Síochána. Since the introduction of the new Scheme, the number of days lost due to sick leave has decreased significantly.

The new Public Service Sick Leave Scheme provides for the payment of the following financial support to staff during periods of absence from work due to illness or injury:

- A maximum of 3 months (92 days) on full pay in a year

- Followed by a maximum of 3 months (91 days) on half pay

- Subject to a maximum of 6 months (183 days) paid sick leave in a rolling four year period.

Temporary Rehabilitation Pay (TRP) was formerly referred to as Pension Rate of Pay and will be calculated and awarded in the same way. It will only be payable when there is a realistic prospect of an individual returning to work. The key change in the move from PRP to TRP is that the maximum period for which TRP can be paid is 18 months.

Additional support for staff who are critically ill has also been agreed. If someone becomes critically ill and is eligible for support under the CIP they may have access to:

- A maximum of 6 months on full pay in a year

- Followed by a maximum of 6 months on half pay

- Subject to a maximum of 12 months paid sick leave in a rolling four year period.

A person given access to 12 months extended paid sick leave under the CIP, will only be considered for a maximum of 12 months Temporary Rehabilitation Pay. This is because the maximum amount of paid sick leave an individual can get access to in a rolling four year period is two years.