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Tuesday, 14 Jul 2015

Written Answers Nos. 478-494

Naturalisation Certificates

Questions (478, 479)

Paul Murphy

Question:

478. Deputy Paul Murphy asked the Minister for Justice and Equality further to Parliamentary Question No. 19 of 7 July 2015, the number of persons, originally from other European Union States, who have become naturalised in the years 2012 to 2014 and in the first half of 2015. [29097/15]

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Paul Murphy

Question:

479. Deputy Paul Murphy asked the Minister for Justice and Equality the number of persons naturalised in the years 2012 to 2014 and in the first half of 2015. [29098/15]

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Written answers

I propose to take Questions Nos. 478 and 479 together.

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the number of persons (in round figures) naturalised each year from 2012 to 2014 inclusive is 25,100, 24,200, 21,100 respectively and 6,200 to date in 2015. Of these, 1,400, 1,800, 2,900 and 1,200 respectively are originally from other European Union States.

Asylum Applications

Questions (480)

Richard Boyd Barrett

Question:

480. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the reason for the delay in processing an application for asylum by a person (details supplied); and if she will make a statement on the matter. [29111/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service of my Department (INIS) that the person referred to by the Deputy applied for asylum on 26 January 2004. This person's asylum application was refused following consideration of their case by the Office of the Refugee Applications Commissioner on the 3 May 2005 and this decision was upheld by the Refugee Appeals Tribunal on the 12 November 2008. Therefore the individual concerned has not been in the asylum system since that date and was subsequently deemed not to qualify for Subsidiary Protection.

Having fulfilled the appropriate statutory assessments and considerations, a Deportation Order was signed in respect of the person concerned on 12 August 2011.

On 22 September 2011, the person concerned commenced Judicial Review proceedings, seeking, inter-alia, to challenge the Deportation Order of 12 August 2011. As the proceedings are currently before the High Court, I am precluded from commenting further on the matter.

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 (481)

Bernard Durkan

Question:

481. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determining an application for residency for persons (details supplied) in County Clare; and if she will make a statement on the matter. [29152/15]

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Written answers

I have been informed by the Irish Naturalisation and Immigration Service (INIS) that an application was received, for permission to remain in the State, from the person mentioned on 24 June 2015. A request for further information issued to this person on 9 July 2015. When the documents requested on 9 July 2015 are received, this application will then be assessed on its merits. 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.

Legislative Measures

Questions (482)

Denis Naughten

Question:

482. Deputy Denis Naughten asked the Minister for Justice and Equality the reason for the delay in the publication of the criminal justice (sexual offences) Bill; when the Bill will be published; and if she will make a statement on the matter. [29162/15]

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Written answers

On 27 November, I published the General Scheme of the Criminal Law (Sexual Offences) Bill. The Bill will provide for new offences of purchasing, in the context of prostitution, sexual services. It also includes wide ranging provisions to enhance the protection of children and vulnerable persons from sexual abuse and exploitation. When enacted, the Bill will facilitate full compliance with the criminal law provisions of a number of EU, UN and Council of Europe legal instruments as well as implementing the recommendations of a number of Oireachtas committees.

As the Deputy will appreciate, this is a complex piece of legislation addressing a number of sensitive issues and one which requires detailed consideration of a number of policy, legal and constitutional issues.

The Bill is priority legislation and is currently being drafted, and will be published shortly.

Garda Oversight

Questions (483)

Clare Daly

Question:

483. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 9 of 7 July 2015, if she will clarify of the number of the 200 cases mentioned where extra information was supplied that related to information submitted at the request of the independent review panel; and the number of cases where the information was submitted by the complainant without a request from the panel; of the over 80 cases where information was sought from the Garda Síochána and the Garda Síochána Ombudsman Commission by the panel, if she will provide a breakdown between requests to the Commission and requests to An Garda Síochána, by Garda division; and if she will confirm that the information sought from An Garda Síochána and the Commission occurred prior to the conclusion on the panel's conclusions. [29167/15]

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Written answers

The Deputy is referring to cases considered by the panel of 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 review of each complaint consists of an examination of the papers in the complaint by a counsel from the Panel. The person referred to by the Deputy, together with her legal advisors, have been advised that documentation held by the Department, or forwarded by the Department of the Taoiseach, has been referred to the Panel. Such documentation includes correspondence from complainants, any reports that might have been sought from An Garda Síochána to assist the Department in replies, any submissions to the Minister in relation to the case, and documents relating to previous reviews of the issues. Complainants have also been advised that it is open to them to submit any further documentation relevant to their case.

On the basis of this advice, further information was received from complainants in over 200 cases. The panel of Counsel constituting the Independent Review Mechanism is an independent body which itself considers, in any given complaint. whether it has sufficient information to base its advice to me as to whether I may take further action in the matter. Following the receipt of the additional information mentioned above the panel requested further information from complainants in four further cases.

Requests for information from the Garda Síochána were made in 44 cases. Requests for information from the Garda Síochána Ombudsman Commission were also made in a further 44 cases. Of the total number of requests, requests issued to both bodies in only 10 cases. In the case of the requests made to the Garda Síochána all requests were made to one central contact in Garda Headquarters. All responses provided by these bodies were considered by the appropriate counsel before final recommendations in the relevant cases were made to me.

Prisoner Rehabilitation Programmes

Questions (484)

Clare Daly

Question:

484. Deputy Clare Daly asked the Minister for Justice and Equality if she will provide details of the work and training services available to persons of 18,19 and 20 years of age in Wheatfield place of detention; the way they differ from those available to persons 21 years of age and over in Wheatfield place of detention; and if she will make a statement on the matter. [29188/15]

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Written answers

I am advised by Irish Prison Service that in Wheatfield Place of Detention the following work training activities are available to all prisoners aged 18 years and over - laundry, catering, horticulture or gardening, industrial cleaning, construction, print, joinery/woodwork, metalwork, computers, painting/decorating, embroidery, hurley repairs and picture framing. All prisoners aged 18 years and over at Wheatfield Place of Detention enjoy the same level of access to these activities as listed. No distinctions or special arrangements apply in terms of prisoners aged 18 to 20 years.

I can inform the Deputy that in May 2015, the latest month for which figures are available for prisoner participation in work and training (accredited and non-accredited), 21.54% of the prisoner population in Wheatfield Place of Detention attended workshop sessions with an average attendance per session of 139 prisoners. It is not possible to provide a breakdown of attendance by age to the Deputy as this would require the manual examination of records. Such an examination would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources.

The development of prisoner programmes forms a central part of the Irish Prison Service Three Year Strategic Plan 2012 - 2015. There is a clear commitment in the Strategy to enhance sentence planning including Integrated Sentence Management and the delivery of prison based rehabilitative programmes such as education, work training and resettlement programmes. In order to achieve this objective the Irish Prison Service has been expanding the number of accredited courses and opportunities available to prisoners in Work Training in recent years. Enhanced partnership arrangements with accrediting bodies such as City and Guilds, the Scottish Qualifications Authority (SQA), and the Guild of Launders and Cleaners and the centralising of coordination and quality assurance arrangements have enabled us to extend the number of available courses and activities with certification.

Prisoners involved in work and training activities may do so with a view to gaining accreditation in a particular area or in order to keep busy during their sentence. Engagement in vocational training can have added benefits in the form of boosting self-confidence, imparting useful practical skills and improving social skills.

Departmental Staff

Questions (485)

Seán Fleming

Question:

485. Deputy Sean Fleming asked the Minister for Justice and Equality the current average age of permanent staff employed within her Department; and the agencies under her Department's remit; the way this varies from the end of 2008 and the end of 2011; and if she will make a statement on the matter. [29201/15]

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Written answers

The average age of staff employed in my Department and the agencies under my remit rose by between three and six years in the period between 2008 and 2015. The moratorium on recruitment over that period will have contributed to the rise in the average age.

The details of the changes in age profile by organisation are set out in the table.

_

Current Average Age

2011 Average Age

2008 Average Age

Department of Justice and Equality

45

44

41

Irish Prison Service

43

Not available

Not available

Legal Aid Board

47

45

41

Property Registration Authority

48

45

43

National Disability Authority

48

46

44

GSOC

43

43

43

An Garda Síochána (sworn members)

39

37

37

An Garda Síochána (civilian)

47

43

41

Courts Service

49

48

46

Education Welfare Service

Questions (486, 487)

Paul Murphy

Question:

486. Deputy Paul Murphy asked the Minister for Children and Youth Affairs if he will report on work completed to assure the educational welfare of primary school and secondary school pupils who are homeless. [28582/15]

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Paul Murphy

Question:

487. Deputy Paul Murphy asked the Minister for Children and Youth Affairs if he will report on the work that will be completed to assure the educational welfare of primary school and secondary school pupils who are homeless. [28583/15]

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Written answers

I propose to take Questions Nos. 486 and 487 together.

The Government places a high priority on combatting educational disadvantage and ensuring that each child has the opportunity to achieve his/her potential in education and learning. My Department works closely with the Department of Education and Skills and other relevant Government departments to achieve these aims.

Under the remit of my Department, Tusla, the Child and Family Agency has a statutory function to ensure that each child attends a recognised school or otherwise receives a certain minimum education. The Educational Welfare Service of the Child and Family Agency is a statutory service supporting regular school attendance for all school age children and young people. Where school attendance problems arise for a child, the Agency concentrates on finding solutions within a collaborative intervention framework involving children and their families, schools and other relevant agencies. The aim is to generally improve the school attendance, participation and retention of young people, in particular, young people who are at risk of early school leaving and educational disadvantage.

Educational Welfare Officers work with families and schools to support children who are experiencing difficulties which impact on a child's capacity to attend school. Homelessness and temporary accommodation can impact on a child's attendance and participation in school. In such cases, I am advised that, the Educational Welfare Officer draws on a range of supports including the Home School Community Liaison and the School Completion Programme to assist the child in attending school.

The School Completion Programme is a targeted intervention aimed at school communities identified through the Department of Education and Skills’ DEIS Action Plan for Educational Inclusion. It provides targeted supports annually to approximately 36,000 children. There are 144 local school completion projects throughout the country operating in 470 primary and 224 post primary schools.

Supports provided by local school completion programme projects including breakfast clubs, after school supports, homework clubs, summer activity projects and friendship clubs can help to support a child's participation in education and engagement in school life. Educational Welfare Officers employ these supports for the child and may seek to provide assistance with transport where this is feasible. An Educational Welfare Officer may also engage with the Family Support Worker where this is appropriate in the child's and family's particular circumstances. The objective is to work with the family and child to support continued participation in school and good educational outcomes for children.

National Postcode System Implementation

Questions (488)

Noel Harrington

Question:

488. Deputy Noel Harrington asked the Minister for Children and Youth Affairs his plans to include the new Eircode postcode in all schemes and administrative roles operated by his Department; and if he will make a statement on the matter. [28310/15]

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Written answers

Officials in my Department are currently liaising with their colleagues in the Department of Communications, Energy and Natural Resources regarding this matter.

My Department aims to fully comply with Departmental best practice regarding the roll-out of the new Eircode system, in the most efficient manner possible.

Mother and Baby Homes Inquiries

Questions (489)

Clare Daly

Question:

489. Deputy Clare Daly asked the Minister for Children and Youth Affairs the reason detailed financial records from the Bessborough Mother and Baby Home were not handed over to the Health Service Executive and to the Child and Family Agency by the Order in 2011. [28468/15]

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Written answers

The issues raised by the Deputy are a matter for the Child and Family Agency and I have asked the Agency to reply directly to the Deputy

Social Workers Recruitment

Questions (490)

Finian McGrath

Question:

490. Deputy Finian McGrath asked the Minister for Children and Youth Affairs if he will address the deficiencies in social work resources on the northside of Dublin, where there were 3,797 referrals over a 12 month period. [28484/15]

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Written answers

The Health Information and Quality Authority recently published its report on an inspection of the child welfare and protection services in the Dublin North administrative area of Tusla, the Child and Family Agency. HIQA identified two areas of significant risk in the 27 standards examined: firstly, delays in assessments by dedicated social workers, and secondly, management of assessments of adults who were alleged to pose a risk to children. These risks were attributed largely to staffing deficits being experienced in the area. They were brought to the attention of the area manager during the inspection and immediate action taken. The associated action plan has been accepted by HIQA and there are clear timelines for completion before the end of the year.

Tusla has confirmed that as part of the action plan, resources will be made available to meet the demands of the plan as agreed with the management team. Vacant posts are currently being filled through a variety of measures including agency staff, and recruitment from the national Recruitment Service panels. Internal to Tusla, staff have been diverted to work with children and families on the waiting lists. Tusla expects that the additional resources will address the concerns in respect of cases pending.

Child Protection Services Provision

Questions (491)

Mick Wallace

Question:

491. Deputy Mick Wallace asked the Minister for Children and Youth Affairs his views on the recent inspection report made by the Health Information and Quality Authority, which was published on 3 July 2015, and which outlines serious concerns for children who may be at risk in the north Dublin area; the actions his Department plans to take in response to this report; and if he will make a statement on the matter. [28642/15]

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Written answers

The Child Welfare and Protection Services in Dublin North were inspected by the Health Information and Quality Authority (HIQA) in February of this year. Their findings were published at the start of July, along with an action plan from Tusla, the Child and Family Agency, to address all the issued identified, and which was accepted by HIQA. There were two areas of significant risk identified which concerned delays in assessments by dedicated social workers and the management of cases concerning adults who are alleged to pose a risk to children.

These risks were immediately brought to the attention of the Area Manager by the inspectors, and action was taken to address the issues. The identified risks were attributed largely to staffing deficits being experienced in the area. Tusla is actively working to fill social work vacancies. I understand that internal staff transfers have commenced to assist in the handling of high priority cases. Training is being rolled out that will improve the management of lower risk cases, including training on the use of the Meitheal pathway and ensuring that, where it is appropriate to do so, families can be referred to family support services. Training for social work duty teams is also being rolled out in relation to cultural competency. Tusla has confirmed that as part of the action plan, resources will be made available to meet the demands of the plan as agreed with the management team.

The number of positives identified in the report should also be noted. The service was found to be competently managed with strong leadership and good communications. HIQA found that children at most serious risk of harm received a timely and effective service and there was excellent inter-agency collaboration, strong leadership and communication systems in the area. Good efforts are being made to deploy the limited resources available. Social workers advocated strongly for children in accessing specialist services and children’s rights were well respected. Other positives found within the service include strategies in place to safeguard and protect children from abuse and to promote their welfare.

Mother and Baby Homes Inquiries

Questions (492)

Finian McGrath

Question:

492. Deputy Finian McGrath asked the Minister for Children and Youth Affairs his views on a matter (details supplied) regarding the terms of reference of the Mother and Baby Homes Commission of Investigation; whether the scope to the commission's investigations need to be examined; and if he will make a statement on the matter. [28805/15]

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Written answers

The Commission of Investigation (Mother and Baby Homes and certain related Matters) was established by Government Order on the 17th February 2015 (S.I. No 57 of 2015) pursuant to Sections 3 and 7(2)(a) of the Commissions of Investigations Act 2004. The 2004 Act gives the Commission robust powers to conduct investigations within its terms of reference in the manner it considers appropriate while also respecting fair procedures and natural justice.

I am satisfied that the Commission has sufficient scope to examine a broad range of concerns, and to make a determination on their relevance to the central issues in question, and where appropriate to make any recommendations to me which the Commission deems necessary.

In particular, Article 6 of the Terms of Reference requires the Commission to report to the Minister on whether it considers specific matters not included in the existing scope may warrant further investigation as part of the Commission’s work in the public interest. "

However, it is essential to recognise that in accordance with Section 9 of the Commissions of Investigation Act 2004, the Commission is independent in the performance of its functions and in deciding how best to approach its program of investigations. I have no role in decisions relating to the ongoing investigation and it would be inappropriate for me to comment on correspondence between the Commission and any individual.

United Nations

Questions (493)

Thomas P. Broughan

Question:

493. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs the key topics that will be reviewed during the United Nations review of the rights of the child in January 2016; and if he will make a statement on the matter. [28939/15]

View answer

Written answers

The United Nations Committee on the Rights of the Child will conduct the review, in January 2016, of Ireland's Third and Fourth Consolidated Periodic Report which was submitted to the Committee in August 2013. As part of its normal process, the Committee has recently provided a "List of Issues" to which it requires a response by 15th October 2015. A copy of the List of Issues is being provided directly to the Deputy.

The purpose of the List is to identify in advance the main questions which could potentially be discussed with the Irish delegation in January 2016. The Committee has stated that the List of Issues is not intended to be exhaustive and should not be interpreted as limiting or prejudicing the type and range of questions which members of the Committee might wish to pose in January.

Mother and Baby Homes Inquiries

Questions (494)

Clare Daly

Question:

494. Deputy Clare Daly asked the Minister for Children and Youth Affairs his views on the exclusion of the Westbank Home in Greystones in County Wicklow from the Mother and Baby Homes Commission of Investigation, given that this exclusion, which is the cause of division among the survivor community, is deeply upsetting for those who are being excluded. [28964/15]

View answer

Written answers

The Commission of Investigation (Mother and Baby Homes and certain related Matters) was established by Government Order on the 17th February 2015 (S.I. No 57 of 2015) pursuant to Sections 3 and 7(2)(a) of the Commissions of Investigations Act 2004. The 2004 Act gives the Commission robust powers to conduct investigations within its terms of reference in the manner it considers appropriate while also respecting fair procedures and natural justice.

I am satisfied that the Commission has sufficient scope to examine a broad range of concerns, and to make a determination on their relevance to the central issues in question, and where appropriate to make any recommendations to me which the Commission deems necessary.

However, it is essential to recognise that in accordance with section 9 of the Commissions of Investigation Act 2004, the Commission is independent in the performance of its functions and in deciding how best to approach its investigations. I have no role in decisions relating to the ongoing investigation and it would be inappropriate for me to comment on matters which are for the independent Commission to decide and progress.

The Deputy may wish to contact the Commission directly at 73 Lower Baggot Street, Dublin 2, by email at info@mbhcoi.ie or by telephone at 01-6445000.

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