Written Answers Nos. 248-270
248. Deputy Anthony Lawlor asked the Minister for Justice and Equality when she expects Carbury Garda station, County Kildare, to reopen in view of the fact that the district Garda station is 40 km away in Leixlip, County Kildare, the measures that have been put in place to ensure adequate Garda coverage in the area in the interim; and if she will make a statement on the matter. [17264/15]
View answerI have requested the information sought by the Deputy from the Garda authorities. I will be in contact with the Deputy when this information is to hand.
249. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of deportation orders signed between 1 October 2014 and April 2015; if she will provide a breakdown of the nationalities they were issued to; and if she will make a statement on the matter. [17356/15]
View answerA total of 452 Deportation Orders were signed during the period referred to by the Deputy. The top five nationalities were China (76), Sudan (37), Pakistan (34), Nigeria (28) and the Democratic Republic of Congo (17).
In order to provide a more complete picture of the situation regarding the expulsion of non-Irish nationals from the State during the period in question, it should be noted that during the same period, 51 Removal Orders were signed in respect of EU nationals, 17 Transfer Orders were signed under the Dublin Regulation and 2,438 persons were refused leave to land in the State.
250. Deputy Brendan Ryan asked the Minister for Justice and Equality when the Spent Convictions Bill 2012 will be brought through to completion; and if she will make a statement on the matter. [17398/15]
View answerThe current position is that before the Act could be commenced, 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. That review has been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill are currently being drafted. I intend to bring the amendments to the Bill before the Oireachtas as soon as possible with a view to commencing the Act in the summer. Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures has been introduced, which provides that certain minor offences that are over 7 years old are no longer disclosed. This Administrative Filter already gives effect to the main provisions likely to be contained in the amended Act.
A copy of this Administrative Filter is set out.
Garda Vetting Procedures
Administrative Filter
In anticipation of the amendment and commencement of the National Vetting Bureau Act 2012, an administrative filter in respect of Garda Vetting Unit Disclosures will operate in accordance with the following procedural guidelines.
A. Criminal Convictions to be disclosed in all cases:
1) Offences Against the Person.
2) Sexual Offences
3) Convictions on indictment.
B. District Court Convictions which will not be disclosed:
1) Motoring Offences:
District Court convictions for motoring offences will not be disclosed after 7 years even where more recent offences have been committed. This is because it is considered that old minor motoring offences would not be relevant due to the passage of time.
2) Minor Public Order Offences:
The following convictions under the Criminal Justice (Public Order) Act 1994 will not be disclosed if the offence is over 7 years old even where more recent offences have been committed:
- Section 4 (Intoxication),
- Section 5 (Disorderly conduct),
- Section 6 (Threatening, abusive or insulting behaviour),
- Section 7 (Distribution or display of material which is offensive),
- Section 8 (Failure to comply with direction of Garda),
- Section 9 (Wilful obstruction).
3) Other minor offences - 1 Only:
District Court convictions for any other minor offence will not be disclosed after 7 years where the person has one such offence only (excluding motoring or public order offences over 7 years old). This provision does not apply to offences against the person or to sexual offences.
C. Probation Act Provisions
Where persons have been dealt with by a district court in accordance with the provisions of section 1(1) (i) or 1 (1) (ii) of the Probation Act 1907, the offences will not be disclosed except in cases where the circumstances of the offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person.
Where persons have been dealt with by a court in accordance with section 1 (2) of the Probation Act, these will be disclosed in all cases. (Section 1 (2) relates solely to persons “convicted on indictment”.)
D. Offences in respect of which a person is charged but subsequently not prosecuted or acquitted.
Non convictions will be considered for disclosure where the circumstances of an offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person. This information will only be disclosed if the information is of such a nature that its disclosure is necessary, proportionate and reasonable in the circumstances for the protection of children or vulnerable persons, or both, as the case may be.
The Garda Central Vetting Unit will make such decision in the context of:
- The information concerned
- The relevance of the information to the type of work/activity
- The source and reliability of the information
- The rights of the vetting applicant and any submissions made by them.
Where the GCVU makes a determination to disclose information under this section the GCVU will:
- Notify the person who is the subject of the application for the vetting disclosure concerned, in writing, of its determination and of the reasons for it,
- Provide to the person a copy of the information to be disclosed,
- Notify the person of the intention to disclose the information to an Authorised Signatory for the registered organisation concerned after the expiry of 14 days from the date of notification, and
- Allow the applicant the opportunity to make a written submission.
- There will also be an appeals process in respect of a decision to disclose the information.
The GCVU will not issue a vetting disclosure in respect of a person until this process has been completed.
251. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will address a matter (details supplied) regarding resources in Garda Síochána headquarters; and if she will make a statement on the matter. [17411/15]
View answer252. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will address a matter (details supplied) regarding Garda Síochána headquarters; and if she will make a statement on the matter. [17412/15]
View answerI propose to take Questions Nos. 251 and 252 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.
An Garda Síochána is committed to obtaining value for money in relation to contracts for goods and services that are common across the public sector including Garda Headquarters’ requirements.
An Garda Síochána is working with the Office of Government Procurement (OGP) to ensure that contracts are placed in accordance with best procurement practice.
An Garda Síochána purchases a range of services including, stationary, janitorial, electricity, gas, waste management, vehicle fuels, office equipment and supplies for example. These goods and services are procured under OGP contracts designed to maximise value to the State by bundling Garda requirements with that of other public sector bodies.
With regard to civilians in An Garda Síochána, there have been significant increases in their numbers in recent years from 1,688 at the end of 2007 to approximately 2,041 (whole time equivalents) as of the 30 March 2015. Civilians are employed in a wide range of management, administrative, technical and operational duties covering such positions as Chief Administration Officer, Executive Director of Finance, Executive Director of Human Resources and Personnel Development, Crime Analysts, Head of Legal Affairs, clerical officers, photographers etc.
Apart from the above posts and the administrative support duties in Garda stations and offices, civilianisation has also enabled the establishment or expansion of some vital services which are wholly or largely provided by civilian staff – including the Garda National Immigration Bureau, the Garda Information Service Centre, the Garda Central Vetting Unit, the Fixed Charge Processing Office, and the civilianisation of the Call Taking function in the Command and Control Centre. The Deputy may also be aware of the ongoing process to civilianise border control functions at Dublin airport and the transfer of these responsibilities from An Garda Síochána to the Irish Naturalisation and Immigration Service of my Department.
We will continue to maximise the number of civilian support staff in An Garda Síochána so that highly trained Gardaí can be released from administrative tasks to frontline operational policing.
253. Deputy Seán Kenny asked the Minister for Justice and Equality her plans for the reinstatement of the Uzi submachine gun for armed Garda units; and if she will make a statement on the matter. [17418/15]
View answerAs the Deputy will be aware, the specific arrangements made by An Garda Síochána in relation to firearms are, as operational matters, dealt with by the Garda Commissioner. In that area the Commissioner determines the appropriate measures to be put in place, including the specific firearms to be deployed, without reference to either myself or my Department.
I understand from the Garda authorities that the Uzi sub-machine gun was withdrawn from general service in An Garda Síochána in 2012. This was done in the light of overall operational arrangements made in respect of the armed capability of the Force and I am advised there are currently no plans to reinstate the UZI sub machine gun for armed Garda Units where it has been withdrawn.
In view of the nature of the functions involved, it would not be appropriate to comment in detail on the deployment of Garda resources in this area. However, the Garda authorities are satisfied that the current arrangements in place meet their operational requirements.
254. Deputy Seán Kenny asked the Minister for Justice and Equality the number of new gardaí who will be dispatched to the J and R districts, following the recent graduation ceremony; and if she will make a statement on the matter. [17419/15]
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 personnel strength of Dublin Metropolitan Region (D.M.R.) North, Raheny (J) and Coolock (R) Districts including Garda Reserves and civilians on 31 March 2015, the latest date for which figures are readily available, was as set out in a table.
There are no new attested Garda members assigned to the 'J' and 'R' Districts. However, five were posted to the Divisional Headquarters in Ballymun.
D.M.R. North 'J' & 'R' Districts
|
District/Station |
Strength |
Reserve |
Civilian |
|
Coolock |
108 |
8 |
11 |
|
Malahide |
30 |
2 |
1 |
|
Swords |
67 |
10 |
2 |
|
Raheny |
60 |
6 |
6 |
|
Clontarf |
66 |
4 |
1 |
|
Howth |
31 |
2 |
1 |
255. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if the Garda CT68 form has been updated on the Garda PULSE computer system following the enactment of section 12 of the Road Traffic Act 2014; if not, when is this due to be done; and if she will make a statement on the matter. [17446/15]
View answerI am having inquiries made with the Garda authorities regarding the matter referred to by the Deputy and will contact him again in the near future.
256. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when the next PULSE system update is due to take place, as the last shut down for update was 7 December 2014. [17447/15]
View answerI am informed by the Garda authorities that the PULSE system is upgraded periodically to support the introduction of new offences and changes to existing offences. These technical upgrades require a very short period of downtime and are carried out using well-proven processes designed to avoid impacting upon Garda operations. The last upgrade was deployed on 1st February, 2015 and there are other maintenance releases planned during quarter 2 and quarter 3 this year.
257. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 399 of 21 April 2015, the number of drivers who were convicted of penalty point offences in court in 2013, 2014 and in 2015 to date, by District Court area. [17449/15]
View answerI wish to inform the Deputy that the information requested is being collated and will be forwarded to him as soon as possible.
258. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the number of persons in direct provision centres who have been granted leave to remain or have been issued with a stamp 4, but who have been unable to leave due to difficulties such as finding accommodation; and if she will make a statement on the matter. [17459/15]
View answerThere are approximately 450 persons in Direct Provision accommodation who have been granted some form of permission to remain in the State. As a matter of long standing public policy, immigrants who have permission to remain in the State would not normally be allowed to remain in State provided facilities. However, the persons in question who are being dealt with on a case by case basis are being facilitated by being allowed to remain in Direct Provision accommodation on a humanitarian basis. This is one of many issues currently being considered by the Independent Working Group on the Protection Process established in October 2014 to recommend to Government what improvements should be made to the protection process, including direct provision and supports to asylum seekers. The Working Group is due to finalise its report to Government by the end of the month.
It should be said that the difficulty for these persons in sourcing accommodation is indicative of wider issues relating to the availability of housing in the State. Addressing these issues is outside the remit of my Department or the immigration authorities.
259. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality given that the Data Protection Act 1988 and amendment Act of 2003 outline eight rules of data protection that include data being obtained and processed fairly, keeping data for specified, explicit and lawful purposes, and disclosing data only in ways compatible with these purposes, and given that the statutory instrument signed into law on 10 March 2015 enables Irish Water to request and obtain data from third parties and, indeed, compels housing bodies to disregard the requirements of data protection law, her views that this statutory instrument compromises the fundamental right to privacy of the data subjects concerned as outlined in data protection law and compromises Ireland's compliance with and commitment to the European Union data protection directive 95/46/EC; and if she will make a statement on the matter. [17461/15]
View answerThe position is that while section 2 of the Data Protection Act 1988, as amended, gives effect to the data protection principles set out in Article 6 of Directive 95/46/EC, sections 2A and 8 of the 1988 Act permit the processing of personal data for the performance of a function conferred on a person by or under an enactment. This is provided for under Article 7 of the 1995 Directive.
In the case referred to by the Deputy, the processing of personal data concerned is provided for in the Water Services Act 2013 (Prescribed Persons) Order 2015 (S.I. No 84 of 2015) which has been made by the Minister for the Environment, Community and Local Government under section 25 of the Water Services Act 2013.
260. Deputy Seán Kyne asked the Minister for Justice and Equality her plans to change the timing of pensions for retired members of An Garda Síochána from a system of advance payment to one of arrears; if so, the rationale for this change; the timing of the proposed change; and if she will make a statement on the matter. [17534/15]
View answer269. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding pension payments; and if she will make a statement on the matter. [17892/15]
View answerI propose to take Questions Nos. 260 and 269 together.
To date no proposals have been agreed to change the process by which retired members of An Garda Síochána are paid their pension from the current method of payment in advance. I can, however, state that consideration of this matter is at an exploratory stage.
261. Deputy Colm Keaveney asked the Minister for Justice and Equality the administrative cost of running the Insolvency Service of Ireland in 2014; the total fees received by the service in 2014; the total number of cases completed across each category of insolvency arrangement; the budget allocated to the service for 2015; the total staff currently employed by the service; and if she will make a statement on the matter. [17536/15]
View answerI can advise the Deputy that the administrative running costs (excluding capital expenditure) of the Insolvency Service of Ireland (ISI) for 2014 were €6.488 million.
The total fees received by the ISI in 2014 were €531,539. This is primarily made up of application fee income and bankruptcy realisation fees. It should be noted that the ISI waived application fees for the three alternatives to bankruptcy with effect from October 2014.
The budget allocation for the ISI for 2015 is €7.308 million.
With regard to staffing there are currently 81 Full Time Equivalents (FTEs) in the ISI.
The number of successful applications since the Insolvency Service of Ireland began accepting applications is set out by category in a table.
Successful applications up to 31 March 2015
|
Debt Relief Notices (DRN) |
Debt Settlement Arrangements (DSA) |
Personal Insolvency Arrangements (PIA) |
Total |
|
352 |
141 |
328 |
821 |
There were also 448 bankruptcies in 2014 and 162 by the end of Quarter 1 of 2015.
262. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will address a matter (details supplied) regarding underage drinking; and if she will make a statement on the matter. [17554/15]
View answerThe position is that there are robust statutory provisions in place relating to the sale to and the consumption of intoxicating liquor by persons under the age of 18 years. The law in this area was most recently amended by the Intoxicating Liquor Act 2008 which amended the Licensing Acts 1833 to 2004 and the Criminal Justice (Public Order) Act 1994 with the aim of reducing access to alcohol and at the same time strengthening measures to tackle public disorder and antisocial behaviour.
Under the Intoxicating Liquor Act 1988 (as amended), it is an offence for a licence holder to sell or deliver, or permit another person to sell or deliver, intoxicating liquor to a person under 18 years of age.
Under the 1988 Act it is also illegal for a person under 18 years to buy intoxicating liquor or to consume it in any place outside their home (or in another person's home where they are present by right or with permission). Where a Garda suspects that a person is under 18 years and that that person, or anyone accompanying that person, is in possession of intoxicating liquor for the purpose of consuming it in a place other than a private dwelling, the Garda may seek an explanation and if not satisfied with the reply, he or she may seize the intoxicating liquor if it is not handed over voluntarily.
The Garda National Age Card scheme is an important mechanism to help verify age in relation to the sale of intoxicating liquor. The scheme is administered by An Garda Síochána and has facilitated Gardaí, in cooperation with the licensed trade, in addressing and combating the problem of underage drinking. The 1988 Act, as amended, also makes provision for the test purchasing of intoxicating liquor. The primary objective of the scheme is to enable the Gardaí to target licensed premises which are suspected of engaging in illegal sales of intoxicating liquor to persons under 18 years of age.
The Criminal Justice (Public Order) Act 1994 (as amended) also permits An Garda Síochána to seize bottles or containers containing intoxicating liquor where there is a reasonable apprehension of public disorder or damage to property and require a person to leave the place concerned in a peaceable and orderly manner. Incidents of public disorder and anti-social behaviour arising from the abuse of intoxicating liquor reported to the Gardaí are the subject of investigation and dealt with appropriately, including by juvenile or adult caution, fixed charge penalty notices or commencement of criminal proceedings.
The Children Act 2001, as amended, also provides for a number of measures in relation to parental responsibility in the case of children involved in anti-social behaviour and children found guilty of offences. These include parental supervision and compensation orders. These measures are fully operational and available to the courts. It should be noted, however, that the imposition of any particular sanction on the parents or guardians of an offending child is a matter for the courts.
263. Deputy Brian Walsh asked the Minister for Justice and Equality in view of recent accounts of an ordeal in County Kildare, if she will consider introducing a code of conduct in respect of the repossession of properties by receivers or other parties; and if she will make a statement on the matter. [17590/15]
View answerThe position is that the appointment of a receiver over mortgaged property is one of the remedies available to a lending institution in cases of mortgage default. It is important to note, however, that this is a remedy which applies in the main to commercial property, which may include ‘buy-to-let’ residential property. It does not, therefore, apply to the principal dwellings of defaulting borrowers.
The appointment of a receiver is normally an alternative to the lender seeking actual repossession of the mortgaged property. Instead of taking possession, a receiver is appointed to manage the property; in the case of commercial premises, the goal may be to achieve more efficient management and operation of a viable business; in the case of ‘buy-to-let’ residential property, the intention is more often to collect rental income produced by the property and to divert it towards servicing the mortgage.
I am of course conscious that the appointment of a receiver over mortgaged property is likely to be both traumatic and stressful for the borrowers involved or, indeed, for any tenants involved. I would therefore urge receivers to act with tact and consideration; above all, they must act within the laws governing their appointment and the law of the land.
While I am aware from media reports of the incident referred to by the Deputy, it appears to be an isolated exception to the general rule. I am aware that the Banking and Payments Federation has published a "Residential Tenant's Guide to Receivership" which provides tenants of residential property to which a receiver has been appointed with useful guidance and information on the receiver's role and powers (available on www.bpfi.ie). I intend writing to the Federation to suggest preparation of a separate Guide to deal with the role and powers of receivers appointed to other categories of commercial property. I have also asked my Department to keep this issue under review.
264. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the number of deportations of Liberian nationals carried out each year since 2005. [17604/15]
View answerI wish to inform the Deputy 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. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to Deportation Orders.
In determining whether to make a Deportation Order, the Minister must have regard to the factors set out in Section 3 (6) of the Immigration Act, 1999, as amended, and Section 5 (Prohibition of Refoulement) of the Refugee Act, 1996, as amended.
This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a Deportation Order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that there were three persons who initially claimed asylum as Liberian nationals deported in 2011 and one deported in 2013.
265. Deputy Clare Daly asked the Minister for Justice and Equality , further to Parliamentary Question No. 120 of 29 January 2015 in reply to which she stated that she has raised the issue with the Garda authorities and will contact this Deputy with a response, when a reply will issue in relation to this matter. [17627/15]
View answerI am, of course, conscious of the distress and continuing impact on family and friends when a person goes missing but the Deputy will appreciate that I have no direct role in the management of such investigations, which are a matter for An Garda Síochána.
I am, however, assured by the Garda authorities that all incidents where persons have been reported missing, including the one referred to, remain under investigation until such time as the person is located and that An Garda Síochána reviews missing persons cases on a regular basis. In this regard, I am advised that the footage referred to by the Deputy has been reviewed by the Gardaí.
I am further advised by the Garda authorities that the most recent media appeal in relation to the case referred to was made in conjunction with the family concerned in February of this year, to coincide with the anniversary of the last sighting of their missing relative, and that Garda liaison is being maintained on ongoing basis with the family.
266. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide a timeframe for her Department to finalise proposals to establish a new family court structure, as promised in the programme for Government; when these proposals will be brought to Government; and if she will make a statement on the matter. [17680/15]
View answerAs the Deputy is aware, the Programme for Government commits the Government to significant reform of the courts, including the establishment of a family law court structure that is streamlined, more efficient, and less costly. The position is that my Department is currently finalising proposals for future legislation based on submissions which have been received in relation to the Family Court and ongoing consultations with interested parties. I intend to bring proposals to establish the new Family Court to Government as soon as they are finalised. The draft General Scheme of the Bill will then be subject to the usual pre-legislative scrutiny by the Justice Committee.
267. Deputy Billy Kelleher asked the Minister for Justice and Equality the reason behind the shortage of private sector vehicle Garda inspectors in the Cork area; and the delay in bus and coach operators getting their buses inspected and approved for public service vehicle licences. [17716/15]
View answerI have requested the information sought by the Deputy from the Garda authorities. I will be in contact with the Deputy when this information is to hand.
268. Deputy Ruth Coppinger asked the Minister for Justice and Equality the level of the charge for those getting their fingerprints taken at Garda stations for purposes of visa applications in other states when charges were introduced; the number of fingerprints taken in the years 2011 to 2014; and if she will make a statement on the matter. [17738/15]
View answerI am informed by the Garda authorities that fees for the taking of finger prints for purposes other than crime investigation were introduced by An Garda Síochána on 1st February 2005. These fees were revised in October 2011 to their current rates which are as follows: €60 for the first set of fingerprints; and €30 for each subsequent set if taken together
I am further informed that the taking of fingerprints for the purposes of visa applications is a matter which is managed locally and there is no central recording system for the taking of such fingerprints.
270. Deputy Willie Penrose asked the Minister for Justice and Equality if she will consider recommendations made by the study group on pre-nuptial agreements in 2007, which indicated that pre-nuptial agreements could be legalised through amendments to the Family Law Act 1995 and the Family Law (Divorce) Act 1996; if these could be introduced so as to give legal recognition to such pre-nuptial agreements, which specify that both parties would be in a position to enter such consensual agreement, by way of making full disclosure of their assets and by obtaining appropriate independent legal advice; and if she will make a statement on the matter. [17891/15]
View answerThe Government has no immediate plans to legislate for the legal enforceability and recognition of pre-nuptial agreements on the lines proposed by the Deputy. While I recognise the concerns that the Study Group on Pre-Nuptial Agreements sought to address in its recommendations on this issue, providing for the recognition or enforceability of pre-nuptial agreements would raise legal, public policy and possibly constitutional considerations which would need to be examined very carefully before considering any further action in this area.
