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Wednesday, 24 Jun 2015

Written Answers Nos. 167-177

Garda Deployment

Questions (167)

Pádraig MacLochlainn

Question:

167. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of gardaí on duty at present in the area of operation of Dundrum and Blackrock Garda stations; if all roles within the area of operation are fulfilled to such an extent that adequate health and safety standards are being met; and if she will provide details on the number of gardaí based in Dundrum for the years 2009 to 2014 and for 2015 to date. [25188/15]

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Written answers

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.

The Deputy will also appreciate that the specific information he has sought is not readily available as it is not possible to give actual figures of Gardaí on duty at present for example due to transfers, sick leave and annual leave.

I have been informed by the Garda Commissioner that the personnel strength of Dundrum and Blackrock Garda stations as on 31 December 2009, 2010, 2011, 2012, 2013, 2014 and on 30 April 2015 the latest date for which figures are readily available are as set out in the following table.

An Garda Síochána continues to make efficiencies to maintain a robust and flexible organisation which is ready to meet the challenges of the current climate. Garda Management is satisfied that a comprehensive policing service continues to be delivered and that current structures in place meet the requirement to deliver an effective and efficient policing service to the community.

Dundrum

Year

Garda

Reserve

Civilians

2009

80

1

2

2010

78

2

2

2011

73

3

2

2012

74

3

2

2013

100

5

3

2014

89

6

2

*2015

86

6

2

* Figures as of 30 April 2015

Blackrock

Year

Garda

Reserve

Civilians

2009

96

6

5

2010

96

5

5

2011

91

3

5

2012

82

4

6

2013

90

5

6

2014

87

5

6

*2015

83

5

6

* Figures as of 30 April 2015

Naturalisation Certificates

Questions (168)

Olivia Mitchell

Question:

168. Deputy Olivia Mitchell asked the Minister for Justice and Equality if she will exempt the €950 standard certification fee for naturalisation in respect of a person (details supplied) in Dublin 18 who is struggling to pay the fee. [25313/15]

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Written answers

The fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (SI 569 of 2011). The standard certification fee is stipulated as €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of refugees and stateless persons the certification fee is nil. There is no provision to waive or reduce the applicable statutory fees.

The standard fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for a certificate of naturalisation. Every application must be assessed to establish if the statutory requirements are met. 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. I might also add that following the grant of citizenship it is no longer necessary for the person concerned to register their presence in the State with the Garda National Immigration Bureau, which requires the payment of a fee of €300 per registration.

As the Deputy will be aware I have introduced formal citizenship ceremonies at no extra cost to applicants. These have been universally well received by participants as the ceremonies provide a sense of dignity and occasion that serves to underscore the importance to both the State and the applicant of the granting of Irish citizenship.

Departmental Staff Remuneration

Questions (169)

Peadar Tóibín

Question:

169. Deputy Peadar Tóibín asked the Minister for Justice and Equality the annual cost of introducing a living wage or minimum-threshold gross salary of €11.45 per hour in her Department and the bodies under her aegis. [25358/15]

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Written answers

I can inform the Deputy that based on current staffing figures, the additional annual salary cost to my Department of introducing a minimal threshold gross salary of €11.45 per hour is estimated to be €283,000 for 75 staff.

These figures include bodies under the aegis of my Department with the exception of An Garda Síochána. I have asked An Garda Síochána to provide the information directly to the Deputy as soon as it is available.

Garda Strength

Questions (170)

Jack Wall

Question:

170. Deputy Jack Wall asked the Minister for Justice and Equality if she will provide, in tabular form, the number of gardaí, in each rank, who have retired from An Garda Síochána and-or who have transferred from the Kildare division, for each of the past five years; and if she will make a statement on the matter. [25370/15]

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Written answers

I have requested the information sought by the Deputy from the Garda Commissioner in relation to the number of Gardaí in each rank who have retired or transferred from the Kildare Garda Division within the past five years and I will write directly to the Deputy when the information is to hand.

Direct Provision System

Questions (171)

Ruth Coppinger

Question:

171. Deputy Ruth Coppinger asked the Minister for Justice and Equality her views on the report (details supplied) that recommends that the weekly allowance paid to asylum seekers be increased significantly; and if she will make a statement on the matter. [25378/15]

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Written answers

This question refers to a media report concerning possible recommendations of a forthcoming report by an independent working group set up by the Government late last year to report to it on improvements to the protection process, including direct provision and supports for asylum seekers. The Group is chaired by the former High Court judge, Dr. Bryan McMahon, and comprises senior officials from all relevant Departments, the UNHCR, representatives of academia and various NGOs who have a long-standing interest in this area and other representatives of civil society.

In relation to the specific issue raised, it should be noted that direct provision is, for the most part, a cashless system with the State assuming responsibility for providing suitable accommodation and certain other services on a full board basis free of utility or other costs. The weekly direct provision allowance - €19.10 for adults and €9.60 for children - is currently paid to approximately 4,500 residents in 34 direct provision asylum accommodation centres throughout the State contracted to the Reception and Integration Agency (RIA) of my Department. The allowance is paid by staff of the Community Welfare Service of the Department of Social Protection. DPS staff also have discretion to make exceptional needs payments to residents in special situations. Children of asylum seekers are also entitled to apply for payments under the Back to School Clothing and Footwear Scheme.

A specific term of reference of the aforementioned working group is to indicate what actions could be taken in the short and longer term which are directed towards showing greater respect for the dignity of persons in the system and improving their quality of life by enhancing the support and services currently available. Whilst I understand that the group has examined the issue of payments to asylum seekers while residing in direct provision, it would be inappropriate for me to comment until I have studied the final report upon its submission to me. The overall report will no doubt concern matters relating to a number of Government Departments, including the Department of Social Protection, and its recommendations will have to be considered in detail by the Government. The Government recognises that the issues examined by the working group are complex and required thorough consideration to ensure that any recommendations are practical and sustainable from a budgetary perspective and do not undermine existing border controls and immigration policies.

Garda Misconduct Allegations

Questions (172)

Finian McGrath

Question:

172. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding the case of a person; and if she will make a statement on the matter. [25404/15]

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Written answers

The particular case to which the Deputy refers is amongst those being considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, or other public representatives with a view to determining to what extent and in what manner further action may be required in each case. A panel consisting of two Senior and five Junior Counsel was established for the purpose, all selected on the basis of their experience of the criminal justice system.

The first batch of draft submissions and letters of notification of the outcome of the review have been submitted to me for consideration. I believe that it is in the best interests of all concerned that an independent element should now be brought into this part of the process. At my request, retired High Court Judge Mr Justice Roderick Murphy has agreed to undertake the task of overseeing the preparation of the letters of notification. Mr Justice Murphy will be in a position to independently vouch for the fact that the summaries of conclusions and the reasoning behind them, as set out in the letters of notification, are a fair and accurate reflection of the recommendation which has been made to me as Minister. I believe that Mr Justice Murphy's involvement in the process will offer additional reassurance to those whose cases were considered by the Panel as to the probity and independence of this entire process, from start to finish.

Following the review of the complaint by counsel in this particular case a recommendation will be made to my Department and the outcome will be notified to the person concerned as soon as possible.

Noise Pollution

Questions (173)

Finian McGrath

Question:

173. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding the concerns of residents in Dublin 13; and if she will make a statement on the matter. [25405/15]

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Written answers

I have forwarded the correspondence referred to by the Deputy to the Garda authorities for their direct consideration and attention. Insofar as the concerns expressed relate to alleged criminal offences, full details of such matters should, of course, be provided to An Garda Síochána for investigation.

Addressing local community concerns in relation to public order and anti-social behaviour is a key focus in An Garda Síochána's National Community Policing Model and a range of strong legislative provisions are available to an An Garda Síochána in this regard, including provisions under the Criminal Damage Act 1991, Criminal Justice (Public Order) Act 1994, the Criminal Justice (Public Order) Act 2003, and the Intoxicating Liquor Acts 2003 and 2008.

The Deputy will appreciate that issues relating to noise nuisance come within the remit of my colleague the Minister for the Environment, Community and Local Government. I am advised that a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet, "A Guide to the Noise Regulations", is available on the Department of Environment, Community & Local Government's website:http://www.environ.ie/en/Environment/Noise/

The Deputy may also wish to note that insofar as the issues raised relate to the management of multi-unit complexes, section 23 of the Multi-Unit Developments Act 2011 provides that an owners' management company may make House Rules for the effective operation and maintenance of the multi-unit development. The Rules may make provision for the recovery by the owners' management company from any person of the reasonable cost of remedying a breach of the rules.

Constitutional Amendments

Questions (174)

Finian McGrath

Question:

174. Deputy Finian McGrath asked the Minister for Justice and Equality the reason the blasphemy law was brought in without a referendum but a referendum is required to change it; if it is, in fact, necessary to hold a referendum; and if she will make a statement on the matter. [25410/15]

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Written answers

The current statutory provisions on blasphemy are sections 36 and 37 of the Defamation Act 2009. These sections replaced the equivalent section 13 in the Defamation Act 1961, though the current provisions provide for a more limited and strictly defined offence, for new defences, and for reduced penalties, compared with the 1961 Act.

As the Deputy will be aware, the statutory provisions on blasphemy did not require a constitutional referendum because they were introduced, following advice from the Attorney General, to reflect the requirements of the Constitution itself. Article 40.6.1(i) of the Constitution provides that: ...."The publication or utterance of blasphemous, seditious or indecent matter is an offence which shall be punishable in accordance with law." Successive Attorneys General have advised that this Article creates a constitutional obligation on the Government to ensure and maintain legislative provision for an offence of blasphemy.

The Deputy will be aware that last September the Government agreed to hold a referendum on removing the offence of blasphemy from Article 40.6.1(i) of the Constitution, in response to the 6th Report of the Convention on the Constitution.

The work necessary to prepare a Referendum Bill and a Bill to amend the current legislative provision for the offence of blasphemy is ongoing in my Department, in accordance with the current Government Legislative Programme.

An appropriate date for the Referendum will be decided by Government when the legislation has been prepared. Earlier this year, the Taoiseach confirmed in the Dáil that the blasphemy referendum will not be held before March 2016.

Garda Investigations

Questions (175)

Finian McGrath

Question:

175. Deputy Finian McGrath asked the Minister for Justice and Equality her views on the case of a person (details supplied); and if she will make a statement on the matter. [25411/15]

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Written answers

The Deputy will appreciate that I have no role in the conduct of criminal investigations or the initiation of prosecutions, which are matters for An Garda Síochána and the Director of Public Prosecutions respectively. In these circumstances it would not be appropriate for me to make any comment on the case referred to.

Citizenship Ceremonies

Questions (176)

Michael Healy-Rae

Question:

176. Deputy Michael Healy-Rae asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding the July 2015 citizenship ceremony; and if she will make a statement on the matter. [25440/15]

View answer

Written answers

I can inform the Deputy that it is proposed to invite the person concerned to attend the next citizenship ceremony, on 17 July 2015, at which he will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive his certificate of naturalisation.

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.

Child and Family Agency Funding

Questions (177)

Frank Feighan

Question:

177. Deputy Frank Feighan asked the Minister for Children and Youth Affairs if he will provide a commitment that Vita House in Roscommon town will continue to provide its outstanding, much needed services and responses to women and children who are experiencing domestic violence in County Roscommon; and if he will ensure the continuity of care for service users, as part of an integrated community-based service, will be enhanced and further developed by ensuring adequate funding is committed to the facility immediately. [25340/15]

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Written answers

The information sought by the Deputy has been requested from the Child and Family Agency and I will respond directly to the Deputy when the information is received.

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