Written answers Nos. 436-449
436. Deputy Tom Fleming asked the Minister for Justice and Equality the position regarding an application for a Stamp 4 in respect of a person (details supplied) in County Kerry; if the matter will be urgently reviewed; and if she will make a statement on the matter. [23126/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy was illegally present in the State from September 2003 until October 2014. I understand that they were granted permission on the basis that they were a dependent family member of another individual who was granted the 2004 Student Probationary Extension. I understand that this permission brought the person in line with the period their family members' permission. However, the permissions for both persons expired on 1st March 2015.
On 27th April 2015, an application for renewal was received from their family member. When this permission is processed, it is then open to the person to referred to by the Deputy to make an application for dependent residence permission to the INIS.
Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate of too long awaited.
437. Deputy Finian McGrath asked the Minister for Justice and Equality her views on a matter (details supplied) regarding anti-social behaviour in Dublin 5; and if she will make a statement on the matter. [23141/15]
View answerI can advise the Deputy that I have brought the specific matter to which he refers to the attention of the Garda authorities.
I can also assure the Deputy that it is the policy of An Garda Síochána to deploy personnel to establish a highly visible and accessible service to communities to tackle crime, the fear of crime and anti-social behaviour. If a person feels that a crime has been committed they should contact their local Garda station.
As the Deputy will be aware, the Garda approach to community policing includes a strong focus on quality of life issues and collaboration with local authorities to help address the causes of anti-social behaviour. As part of their role, local Community Gardaí also engage directly with residents, schools and relevant community groups to address issues of local concern.
Furthermore, tackling youth crime and anti-social behaviour continues to be a key priority for this Government. My Department has responsibility for the Community Programmes Unit of the Irish Youth Justice Service (IYJS) which manages the Garda Youth Diversion Project (GYDP) network nationwide, which supports An Garda Síochána in addressing youth anti-social and offending behaviour.
I recently announced that additional funding through the Dormant Accounts will be made available to expand and enhance the GYDP network. The funding will enable the expansion of the GYDP service by approximately 18% nationwide. In this regard significant additional supports have been allocated to the Garda Dublin Metropolitan Region Northern Division including the establishment of 2 new GYDPs in the Dublin 5 area and the provision of an additional Youth Justice Workers to an existing project. Community Programmes, IYJS are currently working with the National Garda Youth Diversion Office and local Garda Management in structuring these new supports to include access to these services to young people in Dublin 5.
438. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of drivers who paid their fixed-charge penalty point notices within the 56 days provided by District Court area for each of the years 2013 and 2014 and for 2015 to date; of those who paid, the number who had the penalty points applied to their licences; and if she will make a statement on the matter. [23170/15]
View answer439. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the report on current procedure for processing payment of fixed-charge penalty point notices, when the licence number is not included, or is incorrect; if in these cases the notice is returned or accepted when the correct payment is paid within the required 56 days; the number of notices paid in the correct timeframe, but where no penalty points were applied in each of the years 2013 and 2014 and in 2015 to date; and if she will make a statement on the matter. [23171/15]
View answerI propose to take Questions Nos. 438 and 439 together.
I have requested a report from the Garda authorities in relation to the matters referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
440. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when An Garda Síochána plan to provide a change in the PULSE (Police Using Leading Systems Effectively) system, to enable it to recognise the production of driver and vehicle documents at any Garda station; and if she will make a statement on the matter. [23173/15]
View answerI am informed by the Garda authorities that the PULSE system currently recognises the production of driver and vehicle documents by a member of the public to An Garda Síochána at any nominated Garda station.
I am further informed that Garda authorities are actively working on an issue identified in the Garda Inspectorate Report on the Fixed Charge Processing System with regard to documents presented at stations other than those nominated.
441. Deputy Thomas P. Broughan asked the Minister for Justice and Equality her views on an aspect of the Garda Inspectorate report (details supplied); the timeframe for implementation of this procedure; the possible barriers to this implementation which exist, such as use of personal public service numbers under the Data Protection Act; and if she will make a statement on the matter. [23174/15]
View answerAs the Deputy will be aware, there are a number of measures in place in relation to the association of driving licence details with penalty points. The primary purpose of Section 63 of the Road Traffic Act, 2010 is to ensure that the driving licence number of individual offenders is recorded to enable the application of appropriate penalty points to the licence on conviction by the Court, and the Courts Service has put in place arrangements to record these details. As I have recently advised the Deputy, I understand that an arrangement has been put in place between An Garda Síochána and the Courts Service to facilitate the bringing of prosecutions for the non-production of a driving licence in these circumstances and that these prosecutions will commence in the very near future.
I can further advise the Deputy that my Department is in ongoing contact with the relevant agencies with a view to ensuring that the most efficient and effective processing and recording of data in respect of non-production of licences applies. As part of this process, the Criminal Justice (Fixed Charge Processing System) Working Group is studying other possible measures to assist with the association of driving licence details with penalty points. The Minister for Transport, Tourism and Sport and I have recently received an update on the Group's ongoing examination of this issue, and have asked that further consideration be given to these matters with a view to more detailed analysis being submitted later this year.
443. Deputy James Bannon asked the Minister for Justice and Equality the status of an application in respect of a person (details supplied) in County Longford; and if she will make a statement on the matter. [23194/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation has been received from the person referred to by the Deputy. The application is at an advanced stage of processing and will be submitted to me for decision in due course.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which 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.
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.
444. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the regular opening hours of all Garda stations in the Salthill and Clifden divisions in County Galway; if they do not open at regular hours, the hours that these stations have been opened at, since 1 April 2015; the number of gardaí attached to each station; and if she will make a statement on the matter. [23225/15]
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 Galway Garda Division on 30 April 2015 the latest date for which figures are readily available was 563. There are also 55 Garda Reserves and 44 Civilians attached to Galway Garda Division. The personnel strength and opening hours of Salthill and Clifden Garda Districts on 30 April 2015 the latest date for which figures are readily available are as set out in the following table.
Garda numbers and Opening hours
|
Clifden Garda District |
Garda strength |
Opening hours |
Public Access Call Box to |
|
An Mám |
3 |
10am-1pm Mon to Fri |
Clifden |
|
Carna |
2 |
10am-1pm Mon to Fri |
Clifden |
|
Clifden |
27 |
24 hour |
- |
|
Cloch Na Rón |
1 |
10am-1pm Mon to Fri |
Clifden |
|
Letterfrack |
1 |
10am-1pm Mon to Fri |
Clifden |
|
Sraith Salach |
1 |
10am-1pm Mon to Fri |
Clifden |
|
Salthill Garda District |
|||
|
An Cheathrú Rua |
5 |
10am-11am Mon to Fri |
Salthill |
|
An Spidéal |
2 |
10am-1pm Mon to Fri |
Salthill |
|
Cill Rónáin |
4 |
10am-1pm Mon to Fri |
Salthill |
|
Indreabhán |
1 |
10am-1pm Mon to Fri |
Salthill |
|
Leitir Móir |
1 |
10am-1pm Mon to Fri |
Salthill |
|
Maigh Cuilinn |
2 |
10am-1pm Mon to Fri |
Salthill |
|
Ros Muc |
1 |
10am-1pm Mon to Fri |
Salthill |
|
Salthill |
51 |
24 hour |
- |
|
Uachtarard |
4 |
10am-1pm Mon to Fri & 3pm to 6pm Sat |
Salthill |
445. Deputy Barry Cowen asked the Minister for Justice and Equality if a candidate who sat a stage 3 Garda trainee competition test in the Public Appointments Service in Dublin in the specialised Irish stream but took ill on the day during the test, could be afforded the opportunity to re-sit the test; and if she will make a statement on the matter. [23269/15]
View answerThe Public Appointments Service (PAS) is managing the recruitment process for the Garda Commissioner and I have no direct involvement in the matter. I would advise any candidate who has any queries arising from their application to contact the Public Appointments Service.
446. Deputy Seán Kenny asked the Minister for Justice and Equality the number of new Garda community relations vans that came into the fleet in 2013 and 2014; the number that were withdrawn during the same period; and if she will make a statement on the matter. [23278/15]
View answerDecisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources. Responsibility for the efficient deployment of Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations, as required by operational circumstances. The Deputy will appreciate that a degree of flexibility in allocating and re-allocating vehicles among stations, so as to best match the allocation of resources with policing priorities, is essential to the efficient management of the Garda fleet.
In that context, I am advised by the Garda authorities that the information requested by the Deputy is as shown in the following table:
|
Year |
Commissioned |
De-commissioned |
|
2013 |
1 |
5 |
|
2014 |
1 |
6 |
The Deputy will be aware that I recently secured a further €10 million for investment in the Garda fleet of which €7 million was made available in 2014. This funding brings the total investment in the Garda fleet in 2014 to €11 million. The remaining €3 million is being made available for the purchase and fit out of additional Garda vehicles in 2015.
In October, 2014, an order was placed for 370 new vehicles. These vehicles were delivered towards the end of 2014, and following fit out, are being allocated in accordance with the Garda Commissioner's operational requirements. I am further advised that the allocation of resources at both Divisional and District level, including the provision and deployment of Garda Community Relations vans, is subject to ongoing analysis and review.
447. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to make an application for family re-unification in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [23283/15]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that their records indicate that the person referred to by Deputy was voluntarily repatriated to his country of origin in 2008. There is no record of any current application for family reunification or any other immigration permission from the person concerned.
On a general note, the 'Policy Document on non-EEA Family Reunification', which is available on the INIS website www.inis.gov.ie, provides detailed information on policy and guidelines on family reunification.
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 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.
448. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in order to regularise the status of a person (details supplied) in Dublin 1; and if she will make a statement on the matter. [23288/15]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application was received for permission to remain in the State from the person referred to by the Deputy on 27th May, 2015. An examination of this case indicated that this person arrived in Ireland on 1 February 2007 and was registered in the State as a student until 26 November 2014. This application will now be assessed on its merits and a decision will issue in due course.
All non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. As this person arrived in the State in 2007, they are now classified as a "timed out student".
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 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.
449. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the status of the Criminal Justice (Spent Convictions) Bill 2012; when she expects it to be enacted; when necessary supporting procedural changes to Garda Síochána vetting will take place; and if she will make a statement on the matter. [23298/15]
View answerBefore the Spent Convictions Bill could be enacted, 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 Spent Convictions Bill and National Vetting Bureau (Children and Vulnerable Persons) Act 2012 are currently being finalised.
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 autumn. 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 seven 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 enclosed.
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.
