Written Answers Nos. 471-487
471. Deputy Pearse Doherty asked the Minister for Justice and Equality if she will provide a list of the legislative changes, including changes to secondary legislation, required to implement the policy announcement of 13 May 2015 on mortgage arrears; and if she will make a statement on the matter. [19814/15]
View answerAs regards the legislative elements of the mortgage arrears package which fall under my responsibility, I can confirm to the Deputy that amendments to the Personal Insolvency (Amendment) Bill 2014 are currently being drafted by my Department, in co-operation with the Office of the Attorney General and Parliamentary Counsel, to give early legislative effect to the measures announced last week.
472. Deputy Pearse Doherty asked the Minister for Justice and Equality if she will provide a list of all the bodies, persons and organisations she has consulted with, prior to her announcement of 13 May 2015 related to mortgage arrears; and if she will make a statement on the matter. [19817/15]
View answerI can confirm to the Deputy that prior to the Government announcement on 13 May 2015, my Department had met with and/or received submissions from the following organisations regarding the review of the personal insolvency legislation and related elements of the mortgage arrears package:
- Association of Personal Insolvency Practitioners
- Banking and Payment Federation Ireland
- Courts Service
- Credit Union Development Association
- Free Legal Advice Centres
- Insolvency Service of Ireland
- Irish League of Credit Unions
- Irish Mortgage Holders Organisation
- Irish Society of Insolvency Practitioners
- Money Advice and Budgeting Service
- Phoenix Project
Consultations have also taken place with other relevant Government Departments and agencies, and with the Office of the Attorney General.
In addition, my officials have also met with and/or received submissions from a number of individuals, expressing a range of different perspectives arising from their experiences in insolvency law, accountancy or debt advice.
473. Deputy Pearse Doherty asked the Minister for Justice and Equality if she will provide a list of companies or persons contracted to provide advice or expertise, prior to her announcement of 13 May 2015, related to mortgage arrears, and in each case, if she will provide the financial details of the contract; and if she will make a statement on the matter. [19820/15]
View answerI can confirm to the Deputy that my Department and I have held detailed consultations with stakeholders and experts over the past months in the context of the review of personal insolvency legislation and of the development of those elements of the recently announced mortgage arrears package for which I am responsible. The Department has also consulted in detail with the Office of the Attorney General. It has not been considered necessary to also contract companies or persons to provide further expertise at this point.
474. Deputy Pearse Doherty asked the Minister for Justice and Equality if she will provide details of the types of motoring offences which she intends, when the Spent Convictions Bill 2012 is enacted, will be expunged and will not be expunged, after a period of time; and if she will make a statement on the matter. [19847/15]
View answerThe Criminal Justice (Spent Convictions) Bill is awaiting report stage in the Dáil. However, 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 enactment in the autumn. The Bill already provides that a conviction for a motoring offence can become spent if the sentence for the offence is a term of imprisonment of 12 months or less.
In addition, 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. These include any district court convictions for motoring offences which are over seven years old.
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.
475. Deputy Pearse Doherty asked the Minister for Justice and Equality her plans to change the eligibility criteria for personal insolvency arrangements, as regards public office holders and members of An Garda Síochána. [19861/15]
View answerThe Deputy will be aware that under the Personal Insolvency Act 2012, the eligibility criteria for entering a personal insolvency arrangement are the same for public office holders and Gardaí as they are for any other citizen.
I can confirm that I do not propose to change that position.
476. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of deportation orders that have been enforced since April 2014; if she will provide a breakdown of the countries to which persons were returned; and if she will make a statement on the matter. [19934/15]
View answerI am advised by the Irish Naturalisation Immigration Service (INIS) of my Department that a total of 125 Deportation Orders have been enforced during the period from April 2014 to end of April 2015. The top five nationalities are China 35, Nigeria 30, Malaysia 10, Somalia 5, Brazil 5, South Africa 5.
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, 91 Removal Orders were effected in respect of EU nationals, 8 Transfer Orders were effected under the Dublin Regulation and 3,003 persons were refused leave to land in the State at ports of entry.
477. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of deportation orders of minors that have been enforced since April 2014; and if she will make a statement on the matter. [19935/15]
View answerA total of 5 Deportation Orders in respect of minors were effected from the beginning of April, 2014 until the end of April 2015. The Irish Naturalisation and Immigration Service (INIS) of my Department does not issue Deportation Orders to unaccompanied minors.
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.
In order to provide a more complete picture of the situation regarding the removal of non-Irish national minors during the period in question, it should be noted that during the same period there were no Removal Orders effected in respect of EU National minors and that 4 Transfer Orders were effected in respect of minors under the Dublin Regulation. Minors are not refused leave to land in the State at ports of entry. However, the parents of accompanied minors can be refused leave to land and the accompanied minors are returned with their parents to the country they arrived from. Unaccompanied minors are surrendered to the care of the Health Service Executive.
478. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of Dublin returns that were issued to Italy, Spain and Malta since December 2014; and if she will make a statement on the matter. [19936/15]
View answer479. Deputy Thomas Pringle asked the Minister for Justice and Equality the top five countries of return under the recast Dublin Regulation, since the beginning of 2015; and if she will make a statement on the matter. [19937/15]
View answerI propose to take Questions Nos. 478 and 479 together.
Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 (Dublin III Regulation) establishes the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person.
The European Union (Dublin System) Regulations 2014 (S.I. No. 525 of 2014) provide for the detailed arrangements to apply in the State where the application of the Dublin III Regulation arises. This includes the interviewing of each applicant at first instance by the Office of the Refugee Applications Commissioner and the right to appeal a transfer decision to the Refugee Appeals Tribunal with the transfer suspended pending the outcome of the appeal. As these Regulations provide for more safeguards for applicants this has resulted in longer processing times for such cases. In addition, the enforcement of a transfer decision once issued may be impeded by the applicant's evasion.
There has been one Transfer Decision completed by the Office of the Refugee Applications Commissioner in respect of Italy and none for Spain and Malta since December 2014. As would be expected, due to geographical and other reasons, the majority of transfer decisions completed by ORAC under the Dublin III Regulation are in respect of the United Kingdom and in that regard a total of 4 individuals have been returned to the United Kingdom under the Dublin Regulation since the beginning of 2015.
In order to provide a more complete picture of the situation regarding the expulsion of non-Irish nationals from the State, it should be noted that, in addition, since the start of this year to the end of April, 30 Deportation Orders have been effected, 13 Removal Orders have been effected in respect of EU nationals and 909 persons have been refused leave to land in the State at ports of entry.
480. Deputy Denis Naughten asked the Minister for Justice and Equality her plans to run a competition to recruit prison officers; and if she will make a statement on the matter. [19940/15]
View answerI am advised by the Director General of the Irish Prison Service that there are no immediate plans to recruit additional prison officers. However the situation is kept under review.
The Deputy will be aware that in accordance with Government Decision S180/20/10/0964C of 3 February and 24 March 2009 on the implementation of savings measures on public service numbers, more generally referred to as the moratorium on public sector recruitment, the filling of vacancies in the Irish Prison Service is subject to the approval of the Minister for Public Expenditure and Reform.
481. Deputy Denis Naughten asked the Minister for Justice and Equality further to Parliamentary Question No. 268 of 25 November 2014, her plans to revise the legislation; and if she will make a statement on the matter. [19941/15]
View answerAs I mentioned in my previous reply to which the Deputy refers, it is proposed that a review of the position generally in relation to search warrants, including any legislative change that may be required, will be carried out within my Department following an anticipated report from the Law Reform Commission. I understand that the Commission's report is expected to be finalised and published within the next few months.
482. Deputy Mick Wallace asked the Minister for Justice and Equality if she is satisfied with the current Criminal Justice (Surveillance) Act 2009, which allows for the attachment and use of tracking and global positioning system devices, without the need for judicial authorisation; and if she will make a statement on the matter. [19949/15]
View answer484. Deputy Mick Wallace asked the Minister for Justice and Equality her plans to amend the Criminal Justice (Surveillance) Act 2009, in particular, the provisions that allow for any Garda, above the rank of superintendent, to internally approve another Garda to undertake covert surveillance; and if she will make a statement on the matter. [19951/15]
View answerI propose to take Questions Nos. 482 and 484 together.
The Deputy will be aware that the legislative basis for the carrying out of covert surveillance in this State is the Criminal Justice (Surveillance) Act 2009.
From the outset I should clarify that, as Minister for Justice and Equality, I have no role in authorising surveillance under the provisions of the Criminal Justice (Surveillance) Act 2009. Under the 2009 Act, authorisations for surveillance are granted by a judge of the District Court on application by a superior officer of An Garda Síochána, the Revenue Commissioners or the Defence Forces in circumstances which are set out in the Act.
The Act provides that a member of the Garda Síochána, a member of the Defence Forces or an officer of the Revenue Commissioners shall carry out surveillance only in accordance with a valid authorisation. In that regard an application for a valid authorisation must be made by a superior officer of An Garda Síochána to a judge of the District Court where the officer is of the view that:
(a) as part of an operation or investigation being conducted by the Garda Síochána concerning an arrestable offence, the surveillance being sought to be authorised is necessary for the purposes of obtaining information as to whether the offence has been committed or as to the circumstances relating to the commission of the offence, or obtaining evidence for the purposes of proceedings in relation to the offence,
(b) the surveillance being sought to be authorised is necessary for the purpose of preventing the commission of arrestable offences, or
(c) the surveillance being sought to be authorised is necessary for the purpose of maintaining the security of the State.
Exceptionally, in accordance with Section 7 of the Act, an approval may be granted without recourse to the District Court in very limited circumstances as set out in the Act where grounds of urgency exist. An approval may also be granted in accordance with Section 8 where tracking devices are to be used. The approval for the use of a tracking device is limited to providing information on the location of a person, vehicle or thing.
In this regard the Designated Judge appointed to oversee the operation of the Act under Section 12 has noted, in his most recent report to the Taoiseach, that he was satisfied that applications under section 7 of the Act were properly made and that, where approvals were granted under section 8, that appropriate consideration had been given to the proportionality of the actions for which approval was sought. He was also satisfied that the provisions of the Act had been complied with in all respects.
I should also add that in the performance of his statutory role, the Designated Judge has unimpeded access to all documentation and personnel relevant to this legislation.
He commented favourably on his experiences in his dealings with An Garda Síochána and concluded that it was evident from the files inspected that the use of such devices has been of great assistance to An Garda Síochána in the detection and prosecution of offences and in the monitoring of persons suspected of being involved in activities which could threaten the security of the State.
The Deputy may also wish to note that in addition to independent judicial oversight by a designated Judge of the High Court, a complaints mechanism is provided for in the legislation whereby any individual who believes that they have been the victim of improper use of the legislation may have their complaint investigated by an independent Complaints Referee.
483. Deputy Mick Wallace asked the Minister for Justice and Equality if the 300 migrants who we have agreed to resettle, as part of the European Union plan to tackle the current migration crisis, will be automatically granted refugee status, or if they will be forced to go into direct provision as asylum seekers; and if she will make a statement on the matter. [19950/15]
View answerAll persons admitted to Ireland for permanent resettlement are granted programme refugee status on arrival, in the normal course programme refugees are accommodated by the Reception and Integration Agency for a period to facilitate a language training and orientation programme and while accommodation is sourced in local communities.
485. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support legislation in order to end sex-trafficking and prostitution; and if she will make a statement on the matter. [19980/15]
View answerOn 27 November, I published the General Scheme of the Criminal Law (Sexual Offences) Bill. The General Scheme includes wide ranging provisions to enhance the protection of children and vulnerable persons from sexual abuse and exploitation. In addition, the Bill will provide for new offences of purchasing, in the context of prostitution, sexual services.
The first is a general offence of purchasing sexual services which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1,000 for a second or subsequent offence. The second is the more serious offence of purchasing a sexual service from a trafficked person and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not be subject to an offence.
These proposals have been developed following extensive consultation, initiated by my Department, dating back to 2012. The new offences also implement the recommendation from the Joint Oireachtas Committee on Justice, Equality and Defence which called for the introduction of an offence criminalising the purchase of sexual services.
The Bill is priority legislation and is currently being drafted, with a view to publication in this parliamentary session.
486. Deputy Dessie Ellis asked the Minister for Justice and Equality if she is aware of the case of a person (details supplied) in Dublin 7 who has applied for naturalisation, but who is at risk of losing her job because she has no proof she can stay in the country; and if she can fast-track that person's application. [20105/15]
View answerSection 15 of the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in her absolute discretion, grant a certificate of naturalisation, provided certain statutory conditions are fulfilled. One such condition is that the applicant must 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. Certain periods of residence are excluded. These include, inter alia, periods in respect of which an applicant does not have permission to remain in the State and periods granted for the purposes of study.
An application for a certificate of naturalisation was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in January 2014 from the person referred to by the Deputy. On examination of the application it was determined that the person in question did not meet the statutory residency requirements as set out in the Act and referred to above. The person concerned was informed of this by letter on 2 April, 2014 along with a calculation of her periods of reckonable residence.
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 as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. The on-line Naturalisation Residency Calculator available on the INIS web-site at www.inis.gov.ie can be used as a guide in establishing whether the naturalisation residency conditions are met.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
487. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality when an application for naturalisation, submitted by a person (details supplied) in County Galway, will be decided; the reason for the delay in considering this application, in view of the fact that the applicant's mother was approved Irish citizenship; the financial hardship being experienced by this applicant, specifically due to the fact that she is unable to access Student Universal Support Ireland funding, pending naturalisation, and is also unable to take up work experience abroad, connected to her studies; and if she will make a statement on the matter. [20108/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy.
As the Deputy will appreciate, as well as being a significant event for the recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State as it confers certain rights and entitlements, not only within the State but also at European Union level, and it is important that appropriate procedures are in place to preserve the integrity of the process. All adult applications are processed individually with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence. In some instances this can be established relatively quickly and in other cases completing the necessary checks can take a considerable period of time. I am informed that processing of this application is well advanced and the case will be submitted to me for decision as expeditiously as possible.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
