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Wednesday, 8 Jul 2015

Written Answers Nos. 116 - 123

Crime Levels

Questions (116)

Éamon Ó Cuív

Question:

116. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality her views on actions being taken to mitigate the significant rise in livestock theft from farms; the steps being taken to apprehend those behind these thefts; and if she will make a statement on the matter. [27732/15]

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Written answers

I am of course aware of recent instances of theft of livestock and, clearly, these crimes have a very serious effect on farming families and rural communities. I am assured that An Garda Síochána are taking all necessary steps to thoroughly investigate these crimes and identify the perpetrators. It is of course essential that anyone who may have information about such crimes, even if appears insignificant, should contact the Garda. The Deputy will appreciate that as Garda investigations into these matters are ongoing I cannot comment in more detail on the specific policing responses which are being pursued.

In recent times An Garda Síochána have supported a number of partnership initiatives in relation to crimes affecting rural communities. A particular recent example is the campaign launched on 20 February to combat the problem of livestock theft, jointly organised by Crimestoppers, the Irish Farmers Association and an Garda Síochána. This campaign is calling on members of the public and in particular those in the farming community with information on the theft of cattle and sheep to come forward with information. A reward fund of €10,000 is available for significant information. Information can be given anonymously to the Crimestoppers confidential telephone service by calling 1800 25 00 25. Alternatively, information can be provided to any Garda station.

An Garda Síochána are engaged in a range of targeted operations to disrupt the activities of organised mobile gangs who may be involved in the crimes referred to. In particular, Operation Fiacla is the national intelligence and analysis-led Garda operation targeting burglary and related property crimes throughout the country and is an important element in the Garda response to the concerns of rural communities about recent crime trends. I am pleased to say that I recently announced additional resources for new specialised vehicles to support an enhanced operational response by Gardaí to current and emerging crime threats, including the crimes referred to, being committed by highly mobile gangs.

I should also point out that An Garda Síochána continue to work closely with communities through Community Alert, Neighbourhood Watch and other community based groups to provide expert crime prevention advice. This includes advice in respect of crimes targeted at farms and in this regard a Garda Farm Security Booklet is available. In addition, revised guidelines have been published for communities wishing to set up community crime prevention schemes or to revitalise existing ones.

In conclusion I might also highlight the success of the Garda Text Alert Scheme which was developed with the participation of partners including Muintir na Tire and the Irish Farmers Association. This initiative has developed as an important crime prevention mechanism with over 600 local groups involving in excess of 120,000 subscribers and with an estimated 200,000 text messages being sent each month. I am advised that every Garda Division, rural and urban, now offers the text alert service and An Garda Síochána have published guidelines to assist in the establishment and operation of local groups.

Prison Staff

Questions (117)

Sean Fleming

Question:

117. Deputy Sean Fleming asked the Minister for Justice and Equality when the environment allowance will be paid to certain prison officers (details supplied); and if she will make a statement on the matter. [27751/15]

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Written answers

I am advised by the Director General of the Irish Prison Service that the Environment Allowance referred to in the Deputy's question has been subject to an Arbitration hearing in accordance with the provision of the Scheme of Conciliation and Arbitration for the Civil Service. I am further advised that the Irish Prison Service is currently awaiting clarification on certain matters raised in relation to the Arbitration findings, Once this clarification has been received I will be in further contact with the Deputy.

Departmental Schemes

Questions (118)

Noel Harrington

Question:

118. Deputy Noel Harrington asked the Minister for Justice and Equality if she will provide a list of each of the current grant schemes that are administrated by her Department and that are available to community groups or projects; the total amount paid for each of these schemes for each of the past four years; and if she will make a statement on the matter. [27786/15]

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Written answers

The information sought by the Deputy, insofar as it is available, is being compiled and will forwarded to the Deputy directly when it is to hand.

Naturalisation Applications

Questions (119)

Bernard Durkan

Question:

119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in updating to stamp 4 in the case of persons (details supplied) in County Meath; and if she will make a statement on the matter. [27796/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the first named person concerned has permission to remain in the State until 4th November, 2015 on immigration Stamp 4 conditions. The second named person concerned has been granted permission to remain in the State, on immigration Stamp 3 conditions, for the period to 4th November 2015. These decisions were conveyed in writing to the persons concerned by letters dated 4th November, 2013.

The decision to grant such status was arrived at following the detailed consideration of the cases of the persons concerned under Section 3 of the Immigration Act 1999 (as amended). These decisions would have had regard for all information and documentation on file at the time the decision was made.

It will be open to the persons concerned to apply for the renewal of their permission in advance of its expiry date. However, I am advised that the INIS would be prepared to review the case of the second named person concerned in circumstances where they presented documentary evidence to show that they had a concrete offer of paid employment available to them. The Deputy will appreciate that any such offer of paid employment must be on the prospective employer's headed paper; it must describe the specific position being offered; it must set out the proposed salary or salary scale; it must provide an indication that any such position is available immediately, is whole-time and is not subject to seasonal factors. Upon receipt of documentary evidence of the nature described, the INIS will undertake a review of the case of the person concerned.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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 or too long awaited.

Residency Permits

Questions (120)

Bernard Durkan

Question:

120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied) in Dublin 22 and that person's family; and if she will make a statement on the matter. [27799/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service of my Department (INIS) that the persons concerned have applied for and been refused asylum in the State. The family are now the subject of Deportation Orders which were notified to them by separate letters dated 12 September 2011, 23 October 2013 and 24 October 2013.

The persons concerned initiated Judicial Review proceedings on 22 September 2011 challenging, inter alia, the Deportation Orders made in respect of them. As the foregoing matter is sub judice, I therefore do not propose to comment further.

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 or too long awaited.

Residency Permits

Questions (121)

Bernard Durkan

Question:

121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied) in Dublin 1; and if she will make a statement on the matter. [27828/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned was registered in the State as a Student on 15/01/2007 to 08/06/2014. He was advised on 24 July 2014 that due to the guidelines for non EEA national students registered in Ireland before 1 January 2011 that the seven year time limit permitting this person to be a student in the State expired on 08/06/2014.

Further correspondence was received from this person and this application will be dealt with in due course.

Queries in relation to the status of or advice on 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 INIS is, in the Deputy's view, inadequate or too long awaited.

Garda Deployment

Questions (122)

Pádraig Mac Lochlainn

Question:

122. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the current number of gardaí stationed in County Mayo; and the number stationed there in January 2011. [27833/15]

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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 taking account 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 Mayo Garda Division as of the 31 May 2015, the latest date for which figures are readily available and 31 January 2011, was 304 and 313 respectively.

Family Law Cases

Questions (123)

Pádraig Mac Lochlainn

Question:

123. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her views on the current delays in family court proceedings; the measures in place to deal with the current backlog; and her views on the effects that such delays and the upcoming court summer recess have on applicants who hold 12-month free legal aid certificates that are due to expire. [27834/15]

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Written answers

The scheduling and hearing of court cases is a matter for the Presidents of the Courts and the presiding Judges. The Court Service works with the Presidents to ensure that court sittings are supported and that delays in the hearing of cases are kept to a minimum particularly in relation to the hearing of Family Law cases. During the summer recess High Court sittings are held to deal with urgent and priority matters.

In the Circuit Court, there does not seem to be any significant issues regarding delays in hearing family law cases. In the past 12 - 18 months, the President of the Court has prioritised family law and additional judges have been assigned to areas where the waiting times were considered to be unacceptable. Where cases are not dealt with within 3 - 6 months, this is often due to either one party or both parties seeking adjournments some of which may be related to the availability of legal aid. In relation to the small number of cases on hands for 12 months or more and many of these cases have actually been dealt with, but are awaiting "complete finalisation" due to ancillary issues such as pension adjustment issues or sales of property etc. Scheduled sittings of the Circuit Courts are held every two weeks in Dublin during the summer recess and judges are available in all areas of the country to deal with urgent applications.

The District Family Courts are currently working to manage the existing workload and maintain the current level of waiting times. Emergency applications such as Protection Orders are given priority. Such applications are usually granted, where the Court so decides, on the date the application is made to the Court. Typically interim barring orders which are also an emergency application are also made ex parte and granted on the date of application. There are therefore no delays in dealing with such applications. During August, two family law courts sit every day to deal with urgent applications and priority matters. In addition at least one scheduled court sitting is held every week in each District around the country and more sittings are scheduled for larger venues such as Cork. Judges are also available to hear urgent matters as required.

Aside from the emergency applications referred to above, the primary domestic violence relief is the granting of a Barring Order. When a Protection Order is granted by a Court, a barring order summons is issued. I am concerned that delays in this critical area be kept to the absolute minimum possible, and my Department and the Courts Service will be keeping this important matter under close review in the autumn.

Outside of Dublin, Barring Order applications are generally listed for the next dedicated family law day (most Districts have at least one day per month dedicated to family law). Applications for Barring Orders are prioritised within court lists and a decision is generally made on such applications on the first listing date. Where adjournments occur they are generally granted at the request of one or both parties.

The Legal Aid Board is responsible for providing civil legal aid in the State. With the exception of a very small number of cases it is not free. Most clients pay a contribution for legal advice and a further contribution if they require representation in court.

The Civil Legal Aid Act 1995 provides that a person shall not be granted legal aid unless the person is granted a legal aid certificate in respect of the legal aid sought. When a person is granted a legal aid certificate, they have a period of one month to sign the certificate to indicate that they accept the terms upon which it is granted and to pay the contribution required, if any. Once the certificate has been validly accepted there is no “expiry date” on the certificate and it remains valid for the duration of the proceedings for which it was granted, i.e. until the order sought has been granted or refused, judgement has been delivered, or the case is settled.

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