Written Answers Nos. 488-504
488. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the timeframe for the enactment of the Assisted Decision-Making (Capacity) Bill 2013; if she will identify a budget for same; if she will consider establishing an interim office of the public guardian to prepare for the commencement of this legislation. [20110/15]
View answerThe Assisted Decision-Making Capacity Bill is scheduled for Dáil Committee Stage on 17 June with a view to enactment later this year.
It is proposed to establish an Office of Public Guardian within the Courts Service, replacing the Office of Wards of Court with regard to adult wards. It will draw on staffing and non-pay resources of the Courts Service.
Initial budgetary estimates were prepared when the Bill was published. My Department is currently examining these estimates, including with regard to the transitional period of approximately four years during which the Office of the Public Guardian will operate concurrently with the Office of Wards of Court. Once that process has been completed, my Department will prepare proposals for agreement with the Department of Public Expenditure and Reform.
My Department has been engaging with the Courts Service on the establishment of the Office of the Public Guardian and will put in place an implementation process over the next months to plan for the implementation of the new arrangements envisaged under this legislation.
489. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the progress made by the national disability stakeholders monitoring group in establishing departmental consultation committees; the Departments that have established a committee; when each committee last met; and plans to meet again. [20111/15]
View answerResponsibility for coordinating policy on disability lies with my Department, however, the implementation of policy including the establishing of Consultation Committees is a matter for each individual Department and my Department is not involved in arrangements for meetings of such committees under the aegis of other Departments. I can however inform the House that I have recently appointed a new Disability Stakeholders Group to replace the group whose mandate had expired at end-2014. Arrangements are currently underway to establish a Consultative Committee in my own Department, which will meet as soon as the Disability Stakeholders Group have their inaugural meeting and select their representatives for the Justice and Equality Consultative Committee.
490. Deputy Brendan Griffin asked the Minister for Justice and Equality her views on a matter (details supplied) regarding pension payments; and if she will make a statement on the matter. [20115/15]
View answerTo 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. It should be emphasised that there is no consideration being given to changing the amount of pension payments that retired Garda members receive. Whatever solution is reached on the issue will be the subject of discussions with the relevant bodies concerned and with a view to causing the least possible disruption to the personal circumstances of retired members.
491. Deputy Jack Wall asked the Minister for Justice and Equality her views on correspondence regarding a submission in respect of an association (details supplied) in County Kildare; the actions in place, or proposed or planned, to overcome the major concerns expressed; if the number of gardaí in the area in question has increased, or if it is proposed to increase such numbers; the number of squad cars, vans, or other Garda vehicles available in the area; the communication or personal links available to the association and the individual members of the association to link with Garda personnel in the area; and if she will make a statement on the matter. [20183/15]
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 however been informed by the Garda Commissioner that the personnel strength of Kildare on 31 March 2015, the latest date for which figures are readily available, was 299. There are also 40 Garda Reserves and 28 Civilians attached to Kildare Garda Division.
The Deputy will 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 brought 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 on 23 April 2015 and the December intake will attest in Summer 2015. 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.
I can also inform the Deputy that, thanks to the resumption of Garda recruitment, the Commissioner now has the capacity to deploy new Gardaí for the first time since 2009 and five new probationer Gardaí have been assigned to the Kildare Garda Division. Similarly, investments are being made in vehicles and IT, and in the recruitment of specialist professional staff. Policing and community safety in Kildare will undoubtedly benefit from this injection of resources, as it will in all other Garda Divisions.
With regard to vehicles and communication links within the Kildare Division, the information requested by the Deputy is being processed and I will shortly write to the Deputy directly on this matter.
492. Deputy Mick Wallace asked the Minister for Justice and Equality her plans to allocate additional resources to the Garda Síochána Ombudsman Commission, in response to the increase in referrals; and if she will make a statement on the matter. [20239/15]
View answerThe Garda Síochána Ombudsman Commission (GSOC) is an independent statutory body established under the Garda Síochána Act 2005. The objectives, functions and powers of GSOC are governed by the 2005 Act.
Resources and funding are kept under continuing review to ensure that GSOC is enabled to continue to operate effectively and efficiently and in accordance with its statutory remit. The last budget granted GSOC an increase of €1 million in their allocation for 2015 to resource the organisation's activities. Arrangements have been put in place for a recruitment campaign for additional staff.
More generally, it is vital that the public has strong confidence in the Garda Síochána and the system of oversight of the Garda Síochána. This Government is, at present, implementing a comprehensive programme of reform in the areas of policing and justice. As part of the programme of change, the Garda Síochána (Amendment) Act 2015, which is fully in force, strengthens and clarifies the remit and capacity of GSOC, and I will keep under review the case for further change.
493. Deputy Thomas Pringle asked the Minister for Justice and Equality the way the Government will respond to a quota system, in response to the refugee crisis in the Mediterranean, where the United Nations has calculated that 60,000 persons have tried to cross already this year; and if she will make a statement on the matter. [19327/15]
View answerIn terms of immediate actions the two main proposals relate to resettlement and relocation. The Commission indicated that they will be recommending an EU resettlement scheme by the end of May for 20,000 places. This number will be distributed among Member States in accordance with several clearly defined criteria (Ireland’s proposed share will be 1.36% or 272 persons). Participation would be voluntary, given that there are no existing powers under EU law to compel Member States to participate in such schemes, but; depending on the approach adopted by Member States the Commission may bring forward binding and mandatory legislative proposals to cover the period beyond 2016.
In line with our regular commitment on resettlement, Ireland had already agreed to resettle 220 refugees over the next two years. However the Government has agreed in principle to resettle an additional 300 vulnerable people as our contribution to this important European initiative. This brings our total commitment on resettlement to the end of 2016 to five hundred and twenty (520) people, or nearly twice the quota proposed by the Commission for Ireland.
Relocation is a more complicated issue and there are different perspectives among Member States. To deal with the situation in the Mediterranean the Commission is now proposing to trigger the emergency response mechanism under Article 78.3 of the Treaty on the Functioning of the EU via a proposal to be published by the end of May 2015. This proposal will include a distribution mechanism for persons in clear need of international protection. Such persons would have their asylum claim considered in the receiving Member State. However no details are available as to what the Commission plan would actually entail and until we have more information it would be premature for me to comment further at this point.
I would refer the Deputy also to my reply to Question Number 114 answered today which goes into the situation in the Mediterranean in more depth.
494. Deputy Clare Daly asked the Minister for Justice and Equality her views on possible implications for Ireland of the threatening environment created by the Islamic State of Iraq and Syria, particularly in the context of the numbers of United States of America military aircraft given permission to land at Shannon by her Department, and the fact that security levels have been raised at United States of America military bases. [19331/15]
View answerThe Deputy will appreciate that it would not be appropriate for me to outline details of security arrangements at Shannon Airport.
The appalling violence and barbarism displayed by the Islamic State (IS/ISIS) organisation clearly demonstrates there is no justification of any kind to engage in the savagery that has now become its trademark.
Ireland, like any other democratic country with similar values, is not immune to the threat that this group, or any other international terrorist organisation with similar beliefs, poses.
I am advised by the Garda authorities that there is no specific information in relation to a threat to Ireland and that while an attack on Ireland is possible it is not assessed as likely.
An Garda Síochána keeps the level of threat from international terrorism under continuous review in light of ongoing developments and continues to take all appropriate measures to counteract this threat including cooperating with its international counterparts and monitoring the activities of certain individuals within this State who are known to support extremism.
The measures being taken reflect the steps in place in the majority of States for whom organisations such as IS may be a consideration and Ireland is no exception in that regard.
495. Deputy Clare Daly asked the Minister for Justice and Equality if she will offer political asylum to a person (details supplied), in view of the heroic work this person has carried out in exposing massive privacy invasions by the National Security Agency of the United States of America. [19332/15]
View answerApplications for asylum are not accepted from persons resident or present in other countries as our refugee status determination process is based on applications being made within the Irish jurisdiction. Section 8 of the Refugee Act 1996 provides that any person who arrives at the frontiers of the State or any person who at any time is in the State seeking the status of a refugee may apply to the Minister for Justice and Equality for a declaration of refugee status. There is therefore no basis for accepting extra-territorial applications.
496. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 396 of 14 January 2015, if she will report to Dáil Éireann on the current situation with regard to the investigations by An Garda Síochána and the Director of Public Prosecutions into the findings of the Flood and Mahon tribunals. [20283/15]
View answer497. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No 397 of 14 January 2015, if she will report to Dáil Éireann on the current situation with regard to investigations by An Garda Síochána and the Director of Public Prosecutions into the findings of the Moriarty tribunal. [20284/15]
View answerI propose to take Questions Nos. 496 and 497 together.
As the Deputy may recall from my reply to his further question no. 491 of 24 March, the position is that following the examination by An Garda Síochána of the report of the Moriarty Tribunal, the advice of the Director of Public Prosecutions was sought with a view to determining whether or not a full Garda investigation should be commenced. The Garda authorities have also been engaged in an examination of the Report of the Mahon Tribunal, which was referred to the Garda Commissioner by the Government. This examination is ongoing at present.
498. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if the appointment process for the Policing Authority chairperson will be an independent, merit-based, recruitment process; and if she will make a statement on the matter. [20285/15]
View answerFollowing an open process undertaken by the Public Appointments Service seeking expressions of interest, the Government has nominated Ms. Josephine Feehily as the Chairperson designate of the planned new independent Policing Authority. Ms. Feehily was nominated by the Government following an application for the position by way of an open "expressions of interest" process administered by the Public Appointments Service. In her capacity as Chairperson designate, Ms. Feehily is actively involved in the preparations to be made for the establishment of the Authority.
I published the Garda Síochána (Amendment) Bill 2014 on 19th May which makes provision for the establishment of the Policing Authority and it is available on the website of my Department at www.justice.ie.
499. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding staffing at a Garda station (details supplied) in County Dublin; and if she will make a statement on the matter. [20305/15]
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 for Dublin Metropolitan Region (DMR) North Garda Division on 31 March 2015 the latest date for which figures are readily available was 668 of which 31 (28 Gardaí and three Sergeants) are assigned to Howth Garda Station. There are also 59 Garda Reserves and 42 Civilians attached to the Division.
Howth Garda station is open to the public from 7am to 9pm Monday to Sunday. It is important to remember that while the Garda station in question has reduced opening hours to the public, it will remain as a functioning Garda station on a 24 hour basis. Telephone calls to Howth Garda station outside of these hours are diverted to Raheny Garda station.
It must be stressed that the key objective of the reduced opening hours is to promote the more efficient and effective deployment of resources. In this context the Commissioner has concluded that Garda resources could be better deployed and more effectively used on the frontline if these particular stations no longer had to be staffed on a 24 hour basis. Currently there are no plans to alter these arrangements.
An Garda Síochána is responding to the incidence of burglary in the Dublin area through Operation Acer, which is in force throughout the Dublin Metropolitan Region. This includes a particular focus on identifying and targeting criminal groups involved in this criminality. Burglary Response Units attached to each Division take the lead in Operation Acer and are assisted by other units as required. In addition, a further and related operation, Operation Creeper, assists in the surveillance of Acer targets by monitoring their movements and this Operation has been tasked solely with targeting burglary suspects which has resulted in the successful arrests of Acer targets. These Operations are all coordinated under Operation Fiacla, which is the national operation targeting burglary using an intelligence and analysis-led approach.
Since Operation Acer commenced in early 2012, I am advised that there has been 5,389 arrests, 2,746 charges and 1,087 convictions for burglary in the Dublin area, up to 3 February 2015.
500. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency-naturalisation in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [20309/15]
View answerThe question of naturalisation does not arise at this time in the case of the persons whose details were supplied. If the persons concerned have made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such applications until such time as they have fully completed the protection process.
Protection applicants are issued with a temporary residence permission pending a final decision on their application.
In the event that an applicant is finally determined not to be in need of Protection then consideration is given to whether the person should be given leave to remain in the State on humanitarian grounds.
501. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when a person (details supplied) in County Wicklow will receive a reply from her Department to correspondence alleging the person is a victim of legal malpractice. [20362/15]
View answerUnder the Solicitors Acts 1954-2011, the Law Society is the designated regulatory body for solicitors in the State. All regulatory investigations and complaints-handling procedures are conducted within that legislative framework and regulations made under it. This framework includes recourse to the Independent Adjudicator in relation to complaints, as well as a key role for the High Court in making the final order, for example, that a solicitor be struck off. Such proceedings are in the judicial sphere which are protected by the separation of powers under the Constitution and, as Minister for Justice and Equality, I cannot intervene or play a role in relation to such proceedings or by reference to their previous outcomes. As the Deputy will be aware, under the Legal Services Regulation Bill, which has just completed Seanad Second Stage, there will be a new and independent public complaints regime for dealing with allegations of misconduct by both solicitors and barristers who will also be answerable, where appropriate, to the new Legal Practitioners' Disciplinary Tribunal. A direct response has issued to the correspondence raised by the Deputy along these lines.
502. Deputy Dara Calleary asked the Minister for Justice and Equality the processing times for Garda Síochána vetting applications. [20372/15]
View answerI am informed by the Garda authorities that the current average processing time for vetting applications is approximately 4 weeks from date of receipt.
In the interest of fairness, Garda vetting applications are processed in chronological order based on the date of receipt in the Garda Central Vetting Unit and all organisations registered for Garda vetting are aware of the processing time-frames and have been advised to factor this into their recruitment and selection process. However, seasonal fluctuations and the necessity to seek additional information on particular applications can result in this processing time being exceeded on occasion.
Last year the Garda Central Vetting Unit processed over 318,000 applications. The majority of these applications were dealt with within the average four week processing time referred to above.
503. Deputy Mary Mitchell O'Connor asked the Minister for Justice and Equality the number of drug seizures in County Dublin, in each of the past five years; and if she will provide an estimate of the value of same. [20373/15]
View answerI wish to advise the Deputy that it has not been possible to provide the data sought in the time available for reply. However, I have requested the Garda authorities to provide the requested information and I will arrange for all available information to be forwarded to the Deputy upon receipt.
504. Deputy Dominic Hannigan asked the Minister for Justice and Equality if she will consider the deployment of extra Gardaí to a town (details supplied) in County Meath; and if she will make a statement on the matter. [20375/15]
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 for Meath Garda Division on 31 March 2015 the latest date for which figures are readily available is 276. There are 105 Gardaí assigned to Ashbourne Garda District which covers the Ratoath area. There are also 38 Garda Reserves and 25 Civilians attached to the Division.
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 brought 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 were attested as members of the Garda Síochána in April 2015 and assigned to Garda Stations throughout the Country and the December intake will attest in Summer 2015. 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.
