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Tuesday, 14 Jul 2015

Written Answers Nos. 447-462

Garda Complaints Procedures

Questions (447)

Finian McGrath

Question:

447. Deputy Finian McGrath asked the Minister for Justice and Equality further to Parliamentary Question No. 364 of 30 June 2015, her views on correspondence regarding the case of a person (details supplied). [28489/15]

View answer

Written answers

The Deputy is referring to a person whose case is being considered by 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, with a view to determining to what extent and in what manner further action may be required in each case.

The Deputy is aware that I requested information from the Garda Commissioner in March of this year related to video recordings that may be of relevance to the incident involving the deceased. I received a response to that request from the Garda Commissioner and, based on the information in that response, I sought further information. Subsequently, I was informed that the Garda Commissioner had instigated an internal review to determine if the evidence in question was examined as part of the original investigation and as part of the subsequent review and of its relevance. I can confirm to the Deputy, therefore, that the Garda Commissioner has put such a review in place.

Human Trafficking

Questions (448)

Bernard Durkan

Question:

448. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which her Department is focused on the prevention of human trafficking and the protection of those vulnerable to such activity; the degree to which North-South co-operation exists, and can be developed in this regard, as recently put forward at recent North-South parliamentary discussions; and if she will make a statement on the matter. [28502/15]

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Written answers

Strong legislative, administrative and operational measures have been put in place in Ireland to combat and prevent trafficking in human beings. The Criminal Law (Human Trafficking) Act 2008, with penalties of up to life imprisonment for human trafficking, greatly strengthened the law in this area and this legislation was further bolstered in 2013 with new forms of exploitation, for forced begging and forced criminal activities, being provided for in new legislation.

A dedicated Anti-Human Trafficking Unit was established in the Department of Justice and Equality with the purpose of ensuring that the State's response to human trafficking is coordinated and comprehensive. A new National Action Plan to Prevent and Combat Human Trafficking in Ireland was recently issued for consultation to civil society organisations active in this field. This new Plan seeks to build on progress made to date in this area and address issues raised in independent international evaluations of Ireland’s response to this important issue. The new National Action Plan will outline both the Government’s strategic approach to this issue as well as setting out a clear work programme for the relevant state authorities to collaborate with civil society and agencies in other jurisdictions in advancing the fight against trafficking and enhancing the protection of victims.

This year, and for the past few years, An Garda Síochána, in its Annual Policing Plan, has identified trafficking in human beings as one of its priorities with an increased focus given to prevention and detection of human trafficking. The Garda Commissioner has recently established the Child Protection and Human Exploitation Unit within An Garda Síochána. This unit includes Child Protection, Domestic Violence and Sexual Assault Investigation Unit (DVSAIU) and the Human Trafficking Investigation and Coordination Unit. A Detective Chief Superintendent has taken charge of this new unit.

Specific detailed training is provided to members of An Garda Síochána. Over 900 have participated in the in-depth training course developed jointly by An Garda Síochána and the International Organisation for Migration (IOM). The most recent course took place in late June 2015. Since 2007, PSNI officers have attended this course and contributed greatly by sharing their experiences with members of An Garda Síochána. There are also a wide range of other training and awareness raising activities on-going and extensive consultation structures exist with up to 70 State Agencies, Non-Governmental Organisations and International Organisations.

The State provides a wide range of support services to victims of human trafficking, these include: accommodation, medical care and planning, psychological assistance, material assistance, legal aid and advice, vocational training and education.

There is frequent contact between the Department’s Anti-Human Trafficking Unit (AHTU) and the Department of Justice Northern Ireland (DOJNI) to discuss issues of mutual concern in relation to human trafficking and to share experiences. AHTU and the DOJNI have a very close working relationship and work together on awareness raising activity where appropriate and possible. For example, there have been two cross border forums on human trafficking involving representatives from a wide range of State, Non-Governmental and International Organisations from both sides of the border. The first in October 2013 focussed on trafficking for sexual exploitation and looked at issues such as victim location and demand reduction measures. The second event took place in January 2015. This conference focused on forced labour.

AHTU, in partnership with Ruhama, has been successful in obtaining EU funding for an all island project aimed at delivering activities that promote zero tolerance of human trafficking as a form of violence against women. The Department of Justice Northern Ireland, Women's Aid Northern Ireland and the PSNI are also partners in this project. Further information on the REACH project is available on www.reachproject.eu.

The Organised Crime Task Force Sub Group on Human Trafficking and Illegal Immigration meets at Stormont on a quarterly basis. The Detective Inspector of the Human Trafficking Investigation and Co-ordination Unit (HTICU) is a member of this group. The function of the Group is to monitor trends and facilitate the detection and prevention of human trafficking and illegal immigration, which has a cross-land border dimension. Further information on the measures taken to tackle human trafficking can be found on the State's dedicated anti-trafficking website www.blueblindfold.gov.ie.

Asylum Applications

Questions (449)

James Bannon

Question:

449. Deputy James Bannon asked the Minister for Justice and Equality if she will review an application to remain here, by a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [28512/15]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order and therefore has no entitlement to residency in the State. Representations were received, pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau. Queries in relation to the status of individual immigration cases may be made directly to the INIS by email 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.

Road Traffic Accidents Data

Questions (450)

Colm Keaveney

Question:

450. Deputy Colm Keaveney asked the Minister for Justice and Equality the number of traffic accidents that have resulted in injury or fatality in County Galway in each month from January 2014 to June 2015; and if she will make a statement on the matter. [28513/15]

View answer

Written answers

I am informed by the Garda authorities that the following table details the number of collisions in the Galway Division that resulted in injury or fatality in each month from January, 2014 to June, 2015.

Road Traffic Collisions resulting in Injury or Fatality in the Galway Division and Collision Type

Year

Month

Fatal

Serious Injury

Non Serious Injury

Total

2014

January

3

26

29

2014

February

2

2

26

30

2014

March

17

17

2014

April

1

20

21

2014

May

1

16

17

2014

June

25

25

2014

July

2

25

27

2014

August

1

5

29

35

2014

September

2

24

26

2014

October

1

1

19

21

2014

November

1

24

25

2014

December

2

23

25

2015

January

1

3

32

36

2015

February

1

20

21

2015

March

1

1

21

23

2015

April

6

20

26

2015

May

1

1

36

38

2015

June

2

30

32

Total

11

30

433

474

Question No. 451 answered with Question No. 439.

Garda Resources

Questions (452)

Seán Kenny

Question:

452. Deputy Seán Kenny asked the Minister for Justice and Equality the cost of doubling the number of horses currently in the Garda Síochána mounted unit; the cost of doubling the number of dogs currently in the Garda Síochána dog unit; and if she will make a statement on the matter. [28592/15]

View answer

Written answers

Decisions in relation to the provision and deployment of Garda resources, including specialist units like the Garda Mounted Unit and Garda Dog Unit, are matters for the Garda Commissioner in the context of agreed policing plans and priorities. Accordingly I have asked the Garda Commissioner to provide the estimate sought by the Deputy and I will revert to the Deputy as soon as that information is to hand.

Garda Deployment

Questions (453)

Seán Kenny

Question:

453. Deputy Seán Kenny asked the Minister for Justice and Equality if she will request the Garda Commissioner to allocate additional high-visibility patrols to the Temple Bar area in Dublin 2 over the busy tourist season to combat petty theft; and if she will make a statement on the matter. [28593/15]

View answer

Written answers

I can assure the Deputy that I am in ongoing contact with the Garda Commissioner about the measures which are being taken to deal with crime and public safety in Dublin City Centre, including the Temple Bar area. As the Deputy will appreciate, the deployment of specific Garda resources in an area is a matter for the Garda Commissioner and her management team.

The Garda strategy for tackling crime in the city centre area is being pursued within the framework of the Dublin City Centre Policing Plan. This involves a high-visibility uniformed presence on key thoroughfares, as well as the use of undercover Gardaí as appropriate. A range of dedicated policing operations and measures are also in place including Operation Spire in the O'Connell Street area and Operation Pier in the Pearse Street District, which includes Temple Bar.

The resumption of Garda recruitment and the deployment of the first group of newly attested Gardaí are of course key components in providing visible policing in the city centre and elsewhere. Since September last year 300 new recruits have entered the Garda College in Templemore and a further 250 additional Garda recruits will commence training during 2015. The first set of new Gardai were assigned to stations throughout the country in May and I am advised that twenty of these were assigned to the Dublin Metropolitan Region, with five assigned to Pearse Street station. I understand that a further group of new recruits will attest as Gardai at the end of July 2015. The increased resources which are now coming on stream will undoubtedly support enhanced policing and community safety in all areas, including Temple Bar and other areas of Dublin City Centre.

I am sure the Deputy will acknowledge that the incidence of crime in the city centre is often linked to the complex issues which contribute to drug addiction and related behaviours, and that these must be addressed in a coordinated and cross-cutting manner. In response to the particular issues arising in Dublin City Centre a multi-agency street outreach approach is being used to work with vulnerable and high-risk individuals and an offender management programme is being piloted to address repeat offending in the Dublin City area. The team includes personnel from An Garda Síochána, the Anna Liffey Drug Project, Dublin City Council Housing and the HSE. These measures, combined with the Government's initiatives to tackle homelessness, are helping to address the broader issues which may contribute to the incidence of petty crime and anti-social behaviour in the city centre area.

I am encouraged by the continued close engagement between An Garda Síochána, Dublin City Council and other agencies as well as ongoing consultation with key stakeholders, such as the Dublin City Business Forum. My Department is maintaining contact with these cooperative initiatives, and I understand that positive feedback is being received in relation to the policing measures being employed by the Garda authorities, and their level of engagement with business and community interests.

Visa Applications

Questions (454)

Finian McGrath

Question:

454. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding a visa appeal. [28635/15]

View answer

Written answers

I am informed by officials in the Irish Naturalisation and Immigration Service (INIS) of my Department that a 'visit' visa application from the person referred to by the Deputy was submitted to the Honorary Consul in Kiev in 22 June, 2015. The application was processed by staff in the INIS office in Moscow and a decision to refuse was taken on 3 July, 2015. The letter of refusal indicated that the applicant had failed to satisfy the Visa Officer that they had sufficient obligations to return to their home country following the visit here. The Visa Officer also noted that the applicant did not have a demonstrable immigration history and considered that they would not observe the conditions of the visa if granted.

It is of course open to the person concerned to appeal the refusal decision within two months of the refusal. However they should be in a position to address the concerns raised by the Visa Officer at first instance. 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.

Garda Compensation

Questions (455)

Peter Fitzpatrick

Question:

455. Deputy Peter Fitzpatrick asked the Minister for Justice and Equality if a decision has been made on a claim for compensation by a person (details supplied), as a result of a head-on collision in a patrol car. [28639/15]

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Written answers

The Garda Compensation Acts 1941 and 1945 provide for compensation for malicious injury or death inflicted upon members of An Garda Síochána while they are on duty or related to their service as such members. An application for the Garda mentioned was recently authorised so that an application can be made to the High Court for such compensation in accordance with the said Acts. The legal advisors of the Garda have been furnished with the necessary documentation and the matter is now with the Chief State Solicitors Office.

Garda Deployment

Questions (456)

Catherine Murphy

Question:

456. Deputy Catherine Murphy asked the Minister for Justice and Equality if she will provide, in tabular form, the number of gardaí in each district and division who are, as of this date, working on light duty, following a determination from the chief medical officer or their superior officer; if she will provide, in the same table, the number of gardaí in each district and division who are on maternity leave at present; and if she will make a statement on the matter. [28641/15]

View answer

Written answers

I have requested the information sought by the Deputy from the Garda Commissioner and will write directly to her on receipt of this.

Garda Vetting of Personnel

Questions (457)

Willie O'Dea

Question:

457. Deputy Willie O'Dea asked the Minister for Justice and Equality further to Parliamentary Question No. 303 of 10 March 2015, the reason a decision has not been reached regarding Garda Síochána vetting of a person (details supplied) in County Limerick who now faces the real possibility of losing his business; if she considers this timeframe to be appropriate; and if she will make a statement on the matter. [28676/15]

View answer

Written answers

I am informed by the Garda authorities that in respect of the application for Garda Vetting which has been made in respect of the person to whom the Deputy refers, further enquiries were required to be made and those enquiries are still continuing. On completion of these enquiries a vetting disclosure will be returned to the relevant authorised signatory.

In general, Garda Vetting processing times can fluctuate depending on seasonal demands and volumes of applications received, and depending on whether further enquiries have to be conducted in respect of any individual application. These enquiries may be conducted for many reasons such as the verification of identity, updating incomplete records or establishing the outcomes of investigations or Court disposals. In such instances processing times may be significantly longer than the general average. The current average processing time is four weeks for 80% of Garda Vetting applications received.

Crime Data

Questions (458)

Fergus O'Dowd

Question:

458. Deputy Fergus O'Dowd asked the Minister for Justice and Equality further to Parliamentary Question No. 236 of 7 July 2015, in relation to the increase or decrease in the number of burglaries in the County Louth area, the locations of the increases and the reductions. [28752/15]

View answer

Written answers

As the Deputy will be aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics.

In relation to the matters referred to, I have requested the CSO to provide the available statistics directly to the Deputy.

Commissions of Investigation

Questions (459, 460)

Clare Daly

Question:

459. Deputy Clare Daly asked the Minister for Justice and Equality the steps that were taken by her Department to ensure no perceived, potential, or actual conflicts of interest arose in the process of dealing with any matters arising from the findings of the commission of investigation into the death of a person (details supplied) following the submission of the report of the commission of investigation to her. [28766/15]

View answer

Clare Daly

Question:

460. Deputy Clare Daly asked the Minister for Justice and Equality if any written correspondence or notes exist and are retained by her Department on the subject of any perceived, potential or actual conflicts of interest arising from the then Secretary General of her Department taking on the role of dealing with matters arising from the findings of the commission of investigation into the death of a person (details supplied), subsequent to its being submitted to her upon completion. [28767/15]

View answer

Written answers

I propose to take Questions Nos. 459 and 460 together.

A Commission of Investigation was established under the Commission of Investigation Act 2004 to inquire into the circumstances surrounding the tragic death of Mr. Gary Douch in Mountjoy Prison on 1st August, 2006, and to make findings and recommendations. In accordance with the legislation, the Commission was entirely independent in how it carried out its investigation. As the Deputy is aware, the former Minister for Justice and Equality, Alan Shatter TD, and Minister of State, Kathleen Lynch TD, published the Report of the Commission on 1 May 2014 along with the reply by the Director General of the Irish Prison Service, Mr. Michael Donnellan.

The Commission’s Final Report contained several conclusions relating to the management, medical treatment and psychiatric care of Stephen Egan prior to and subsequent to the killing by him of Gary Douch. The Commission also recognised the many significant improvements which had been put in place since 2006, including reductions in prison overcrowding, investment in prisoner accommodation and improved health services for prisoners. Having considered the Report of the Commission of Investigation, the Government decided to refer the Report to the Interdepartmental Group examining the issue of people with mental illness coming into contact with the criminal justice system. The Interdepartmental Group was directed to consider the recommendations in a cohesive way and to report back with an implementation plan within three months. The Group includes representatives from my Department and the Department of Health as well as relevant services including the Health Service Executive, the National Forensic Mental Health Service, An Garda Síochána, the Office of the Director of Public Prosecutions and the Irish Prison Service.

The Group proceeded to examine the recommendations of the Commission of Investigation which relate to persons with mental illness and the criminal justice system and submitted an Implementation Plan for those recommendations to me and Minister of State Kathleen Lynch in September 2014. I am advised that the Irish Prison Service has reported that significant progress has been made and that a comprehensive action plan has been put in place to ensure that the recommendations relating to the Service are being implemented. Actions in relation to recommendations not yet complete are being progressed and I have requested that implementation of these actions be closely monitored. I am also advised that progress is also being made by the Department of Health on the Commission's recommendations, including plans to replace the existing Central Mental Hospital and to otherwise enhance forensic mental health services nationally. I can assure the Deputy that these issues will continue to be pursued in an objective and transparent manner, with a view to enhancing mental health services in this area. I understand that there is correspondence on file, advising the Commission of Investigation prior to the completion of its report, that the then Minister had decided not to have a personal involvement in dealing with matters arising in relation to it, because the legal firm with which he was connected had acted as legal advisor to the Prisons Officers Association. However, I am advised that there is no correspondence relating to the specific point raised by the Deputy.

Diplomatic Representation

Questions (461)

Lucinda Creighton

Question:

461. Deputy Lucinda Creighton asked the Minister for Justice and Equality if she will provide details of all bilateral meetings held between her and any other person or group during a recent trip to the Mediterranean to visit the LE Eithne, including the identity of all such groups or persons and the purpose of each meeting; if she will provide details of her travel arrangements to and from the Mediterranean, including whether she travelled by commercial flight or using the official Government jet; if she will provide details of all staff who accompanied her on the trip; and if she will make a statement on the matter. [28797/15]

View answer

Written answers

The Irish delegation consisted of Mr. Simon Coveney, Minister for Defence, Ms Frances Fitzgerald, Minister for Justice and Equality, Mr. Sean Sherlock, Minister of State at the Department of Foreign Affairs, Mr. Maurice Quinn, Secretary General, Department of Defence, Lieutenant General Conor O’Boyle, Chief of Staff of the Defence Forces and Ms. Marion Mannion, Special Adviser to Minister Fitzgerald.

On arrival, the delegation, accompanied by the Irish Ambassador to Malta, H.E. Pádraig Mac Coscair, proceeded directly to a working dinner hosted by the Maltese Minister for Home Affairs and National Security, Mr. Carmelo Abela. Responsibility for the Armed Forces of Malta falls within the responsibility of Minister Abela. The dinner was also attended by the Maltese Minister for Justice, Culture and Local Government, Mr. Owen Bonnici, the Minister for Social Dialogue, Consumer Affairs and Civil Liberties, Dr. Helena Dalli, the Permanent Secretary at the Ministry for Home Affairs and National Security, Mr. Kevin Mahoney, Chief of Staff at the Ministry for Home Affairs and National Security, Mr. Anthony Vella Gregory and Commander of the Armed Forces of Malta, Brigadier Jeffrey Curmi.

The primary focus of the discussion at the working dinner was the broad context of the migrant crisis, from causes through to the comprehensive response being pursued by the international community. Discussion also ranged across issues of mutual interest within the areas of responsibility of all six Ministers. On Tuesday 7 July 2015 the delegation boarded the L.É. Eithne at 6am. The delegation met with Commander Pearse O'Donnell and his senior officers, among them, Lieutenant Commander Stephen Greaney and Lieutenant Stephen Stack who gave a full briefing on all aspects of their work, their liaison with other naval forces and the Italian Authorities. A full report was given on their work to date, the challenges they face and the assistance they were able to provide to other naval rescue missions. Migration is one of the key challenges which the EU is dealing with and the role of the naval force is central to responding to the humanitarian crisis unfolding in the Mediterranean. The delegation travelled by Government jet to Malta on the afternoon of Monday 6 July 2015 and returned on Tuesday 7 July 2015 landing mid morning.

Refugee Data

Questions (462)

Ruth Coppinger

Question:

462. Deputy Ruth Coppinger asked the Minister for Justice and Equality the number of refugees fleeing the conflict in Syria who may arrive here; if she is aware of the position of the Circassian minority group; and if she has received any representations on their behalf. [28801/15]

View answer

Written answers

On 13 May 2015, the European Commission published an EU Agenda for Migration. The Commission proposed the establishment of an EU-wide resettlement scheme to offer 20,000 resettlement places by the end of 2016. Under the new resettlement scheme, specific numbers would be allocated to all Member States, calculated on the basis of a distribution key based on GDP, size of population, unemployment rate and past numbers of asylum seekers and of resettled refugees. The distribution key would also take account of the efforts already made on a voluntary basis by Member States. The Commission's calculation envisaged Ireland accepting 272 persons over the 2015/2016 period.

Ireland has already committed to accept 220 persons over the 2015/16 period. In response to the Commission's proposals the Government agreed to accept an additional 300 persons bringing the total to be admitted to 520 persons by the end of 2016, well above the figure suggested by the European Commission. Ireland is one of 27 States that participate in a refugee resettlement programme led by the United Nations High Commissioner for Refugees (UNHCR). The focus of the Irish resettlement programme in recent years has been on the resettlement of refugees displaced by the Syrian conflict who are living in one of the hosting countries in the region, for example those living in Lebanon, Jordan or Turkey. Internally displaced persons, such as the Circassians in Syria, are not eligible for resettlement under this resettlement programme. NGOs working in cooperation with the UNHCR at a local level identify the most vulnerable persons for resettlement, regardless of their race, religion, nationality or ethnicity.

Resettlement is just one of a suite of responses to persons displaced by the Syrian conflict. In 2014, Ireland introduced a Syrian Humanitarian Admission Programme (SHAP). The SHAP offered naturalised Irish citizens of Syrian birth and Syrian nationals already legally resident in Ireland an opportunity to make an application for vulnerable close family members to join them in Ireland for up to two years under a sponsorship programme. These are persons who are considered by their sponsoring family member present in Ireland to be most at risk. 114 beneficiaries have been granted admission under the programme. In addition, Syrians legally resident in Ireland, for example, students or persons on work permissions may apply for an extension of their permission to remain in the State while the crisis situation continues. I am informed by the Office of the Refugee Applications Commissioner (ORAC) that 17 applications for refugee status were received from Syrian nationals in the first 6 months of 2015. Information is not maintained on the number of applications for refugee status received from members of the Circassian minority group.

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