Written Answers Nos. 362-381
362. Deputy Ray Butler asked the Minister for Justice and Equality with respect to part 5 of her Department’s document, new arrangements to apply to English language programmes from 1 October 2015, if she will clarify how the appeals process will work; the grounds on which an application may be rejected, and on which an appeal may be made; the timeline envisaged for the appeals process; and if she will make a statement on the matter. [32921/15]
View answerIn May 2015 the Government announced significant reforms of the international education sector and student immigration. Most of these reforms had already been signalled the previous September in a joint statement by the Minister for Education and Science and myself. A key element is the implementation of the International List of Educational Providers (ILEP) to replace the International Register on a phased basis during 2015.
Applications for inclusion on the ILEP from all private providers, including those providing English Language Programmes, will be assessed against a range of criteria, for example; the transparency of ownership, standards of governance, learner protection and the operation and quality of the educational product. The educational criteria, in particular, will look at the learning environment, teaching and learning supports and the learning contents and outcomes. In addition unannounced on-site inspections of providers will be conducted during the application phase and afterwards to ensure that providers remain fully compliant with the criteria for inclusion on the ILEP. All of theses requirements are set out in detail in the Government Policy Statement and the Guidelines for English Language and Higher Education and Professional Programmes on the website of the Irish naturalisation and Immigration service website (www.inis.gov.ie).
There will be an appeals process available to providers in respect of adverse decisions. This will involve a more senior official reviewing the initial finding and will include an opportunity for the provider to provide additional material in support of their appeal. Appeals will be accepted within five working days of the applicant receiving the initial decision.
As with any new process it will take some time to bed down and there have been some gaps in the information provided in the majority of applications and this is being addressed with the providers on an ongoing basis. The overall process is generally taking somewhat longer than anticipated. As a result the next phase of the reforms intended for 1 October 2015, and in particular the publication of an updated ILEP will be delayed for a number of weeks. Providers have been informed. A new date will be notified shortly.
363. Deputy Seán Kenny asked the Minister for Justice and Equality her plans to request a detailed report from the Garda Commissioner regarding the increase in house burglaries in an area (details supplied) in Dublin 13 over the past few months; the additional measures and resources that will be deployed to this area to deal with same; and if she will make a statement on the matter. [32967/15]
View answerI am informed by the Garda authorities that local Garda management are closely monitoring the incidence of burglary in the area in question and have put in place targeted proactive measures which focus patrols on the most vulnerable areas. The specific policing measures to be taken in this regard are, of course, a matter for the Garda authorities.
An Garda Síochána is responding to the incidence of burglary in the Dublin area through Operation Acer, which is in force throughout the Dublin Metropolitan Region. This includes a particular focus on identifying and targeting criminal groups involved in this criminality. Burglary Response Units attached to each Division, including DMR North, take the lead in Operation Acer and are assisted by other units as required. In addition, a further and related operation, Operation Creeper, assists in the surveillance of Acer targets by monitoring their movements and this Operation has been tasked solely with targeting burglary suspects which has resulted in the successful arrests of Acer targets. These Operations are all coordinated under Operation Fiacla, which is the national operation targeting burglary using an intelligence and analysis-led approach.
I am assured that local Garda Management closely monitors the deployment of resources, patrols and operational strategies in place for the area concerned, in conjunction with crime trends and policing needs of the communities in these areas to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public. In this regard the resumption of Garda recruitment and the deployment of newly attested Gardaí are key components in providing visible policing throughout the country. By the end of this year 550 new recruits will have entered the Garda College in Templemore and the Government remains committed to ongoing seamless recruitment in 2016. I have also made specific funding available for new specialised vehicles and technology to support an enhanced operational response by Gardaí to current and emerging crime threats, including burglary offences being committed by highly-mobile gangs. The increased resources which are now coming on stream will undoubtedly support enhanced policing and community safety in all areas.
In addition to the Garda response to burglary crime, the Deputy will also be aware that I recently published the Criminal Justice (Burglary of Dwellings) Bill, 2015 and that this legislation is before the Houses of the Oireachtas this week. The Bill targets repeat burglary offenders through bail measures and provisions concerning the imposition of consecutive sentencing for repeat burglary offending. The key objective of this legislation is to target a cohort of persistent offenders who are responsible for a great number of burglaries and clearly have no concern for the damage and distress which they inflict on others. I hope to have this new legislation enacted as soon as possible.
364. Deputy Seán Kenny asked the Minister for Justice and Equality the Garda Síochána stations in the Dublin region that will have an open day during the next six months; the dates and times of each; and if she will make a statement on the matter. [32968/15]
View answerI have requested from the Garda Commissioner the information sought by the Deputy and will write directly to him on receipt of same.
365. Deputy Clare Daly asked the Minister for Justice and Equality if she will clarify remarks made (details supplied) in respect of a case of a person with disabilities. [32980/15]
View answer366. Deputy Clare Daly asked the Minister for Justice and Equality if she will clarify previous statements made by her (details supplied) regarding the issuing of digital audio recordings. [32981/15]
View answerI propose to take Questions Nos. 365 and 366 together.
As the Deputy will be aware the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions, and the conduct of any case is a matter entirely for the presiding judge.
All Court records, including recordings of court proceedings, are under the control of the presiding Judge, as provided for in section 65(3) of the Court Officers Act, 1926. As I previously informed the Deputy in response to Parliamentary Questions No. 150 of 5 February 2014, the relevant Rules of the District Court, Circuit Court and Superior Courts (S.I. Numbers 99/2013, 100/2013 and 101/2013) came into effect on 8 April 2013. The instruments regulate the procedures whereby parties or other persons wishing to have access to records of court proceedings, including audio recordings, may apply to the court concerned for access to such records. The instruments also set out the terms on which such access may be granted. The Courts Service has advised that there is no automatic entitlement to a DAR recording, however, a party to a case may apply to the court to access the recording. The granting of access and the terms under which such access is granted is a matter for the judge, including the format in which the recording is to be provided. In common with all court rules these instruments are available on the Courts Service website.
367. Deputy John McGuinness asked the Minister for Justice and Equality whether she is aware of the delay in completing the arbitration process for the compulsory purchase of land for the Kilkenny city central access scheme, which has been adjourned until September 2016; of the financial strain this places on the single property owner-business, being obliged to wait until 2016 for a resolution; if she will investigate the reasons for this delay and confirm whether it is because of staff retirement; if she will encourage the responsible agency to resolve the matter forthwith; and if she will make a statement on the matter. [32988/15]
View answerAs the Deputy may be aware, when the State compulsorily acquires land for public purposes and there is a dispute between the vendor and the purchaser regarding the amount of compensation which should be paid, the vendor may apply to the Land Values Reference Committee for the appointment of a Property Arbitrator to arbitrate on the amount to be paid.
The Land Values Reference Committee was established by the Acquisition of Land (Assessment of Compensation) Act, 1919 and reconstituted by the Acquisition of Land (Reference Committee) Act, 1925. The Committee consists of the Chief Justice, the President of the High Court and the President of the Society of Chartered Surveyors of Ireland. Under the Property Values (Arbitration and Appeals) Act 1960, the Reference Committee may appoint one or more persons as Property Arbitrators.
In order to be of assistance to the Deputy, I have made enquiries and the Courts Service has informed me that there is there is currently one full-time property arbitrator. Following a competitive process conducted by the Courts Service on behalf of the Land Values Reference Committee, seven temporary part-time arbitrators have been appointed who are available to be nominated to act in cases in which the Property Arbitrator is unable to act. The Courts Service understands that the above resources are sufficient to meet current levels of demand.
I am informed that the current waiting time for a hearing date for applications to the Land Values Reference Committee is 11 months. However, as all property arbitrations are required by law to be held in public and often require the presentation of oral evidence, delays in many cases can arise due to availability of parties and witnesses. The Deputy will appreciate that it would not be appropriate for me to comment on an individual case and I as Minister do not have any role in such matters.
368. Deputy Derek Nolan asked the Minister for Justice and Equality aside from the establishment of the transitional task force, the progress that has been made on implementing the 173 recommendations outlined in the report of the working group on the protection process, including direct provision; if she will provide a timeline on when the other 172 recommendations will be implemented; her plans to implement same in this Dáil term; and if she will make a statement on the matter. [32994/15]
View answerThe Report of the Working Group on the Protection Process was published on 30 June 2015. The Report contains 173 recommendations many of which have implications for a number of Government Departments and services.
In addition to establishing the task force referred to by Deputy, the Government in its decision of the 30 June 2015 recommended that the Report of the Working Group on the Protection Process should in the first instance be the subject of a detailed discussion at the Cabinet Committee on Social Policy and Public Service Reform. The Committee agreed that my Department should prepare a report for the Cabinet Committee, in conjunction with relevant Departments, on the legal financial and practical implications of the Report's recommendations. Each Department is currently examining the recommendations to determine timescales for implementation and any impacts and issues that may arise. My Department will be working with Departments on an overall response in the coming weeks.
The Government has decided to bring forward as a major priority the International Protection Bill which will provide for the introduction of a single applications procedure for international protection. This reform will simplify and streamline the existing arrangements and provide applicants with a final decision on their protection application in a more straightforward and timely fashion and will also, as a consequence, reduce the length of time applicants spend in the Direct Provision system.
In addition, the Minister for Health has already signed an order exempting persons in receipt of a Direct Provision allowance from prescription charges and the Minister for Education and Skills has initiated a grants scheme to support certain categories of students in the protection process to access third level studies this year.
369. Deputy Niall Collins asked the Minister for Justice and Equality the number of prison spaces not in use in the prison system; and if she will make a statement on the matter. [32997/15]
View answer370. Deputy Niall Collins asked the Minister for Justice and Equality the capacity of Limerick Prison; and if she will make a statement on the matter. [32998/15]
View answer371. Deputy Niall Collins asked the Minister for Justice and Equality if sections of Limerick Prison remain closed; the reason; and if she will make a statement on the matter. [32999/15]
View answerI propose to take Questions Nos. 369 to 371, inclusive, together.
I am advised by the Irish Prison Service that there are a number of spaces not in use across the prison estate on any given day, as a result of cells being closed for renovation and for maintenance reasons. This can change on a daily basis. I can also advise the Deputy that the Irish Prison Service publish the capacity of its prisons and the numbers in custody on a daily basis on their website (www.irishprisons.ie).
There are currently two areas in the prison system currently not in use, the B Wing in Limerick prison and the D Wing in Mountjoy prison.
The B Wing of Limerick Prison was closed in February 2013. The B Wing had a capacity of 58 spaces and remains closed.
The closure of the B Wing has reduced the operational capacity of Limerick Prison to 220 males. The decision to reduce the capacity was made following criticisms received from both the Inspector of Prisons and the Committee for the Prevention of Torture and Inhumane Treatment or Punishment in respect of slopping out in Limerick Prison.
The IPS Strategy Statement 2012/2015 identified the elimination of slopping out in the prison estate as a priority. The closure of B Wing effectively halved the number of prisoners who do not have in cell sanitation in Limerick Prison.
The IPS capital programme has also identified the replacement of B Wing as a priority and plans are being advanced in this regard. In January 2015 the Irish Prison Service secured the approval of the Department of Public Expenditure Reform to advance plans for a major development at Limerick Prison to tender stage.
The development includes a modern 150 cell block and a new facility there for up to 58 female prisoners. It is expected that the development will be put to tender in Spring 2016.
372. Deputy Michael Healy-Rae asked the Minister for Justice and Equality her views on a local Garda Síochána matter concerning a person (details supplied) in County Kerry; and if she will make a statement on the matter. [33006/15]
View answerI have a requested a report from the Garda authorities in relation to the matters referred to and I will contact the Deputy directly when the report is to hand.
373. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [33110/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State as the Spouse of an EU National who was exercising their EU Treaty Rights in this State. This permission to remain was valid until 24th January 2012. This permission was not renewed as the person concerned failed to submit satisfactory evidence of the EU citizen exercising his EU Treaty Rights in the State for a continuous period of five years. The person concerned was notified of this decision by letter dated 9th July 2012 and has not had permission to be in the State since that date. The matter is now being considered by the Removals Section of INIS under Regulation 20 of the European Communities (Free Movement of Persons Regulations) 2006 and 2008.
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.
374. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status, or both, of a person (details supplied) in County Cork; and if she will make a statement on the matter. [33111/15]
View answerI refer the Deputy to my response to Question No. 133 of 24th September, 2015, which is set out as follows. The position remains unchanged.
"If an application for asylum or subsidiary protection in the State has been received from the persons whose details were supplied, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. All protection applicants are issued with a temporary residence permission pending a final decision on their application.
In the event that an applicant is finally determined not to be in need of protection or in instances where a protection application is withdrawn by the applicant, consideration may then be given to whether the persons should be granted leave to remain in the State on humanitarian grounds should they elect to pursue this option. I understand that the persons in question will shortly be contacted by my Department in relation to their options in this regard."
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.
375. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status, or both, of a person (details supplied) in County Mayo; and if she will make a statement on the matter. [33114/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, following the refusal of their asylum claim, the person concerned proceeded to lodge an application for subsidiary protection. I am also advised that this subsidiary protection application was formally withdrawn on 28th August, 2015. The case file of the person concerned was then passed to the INIS' Ministerial Decisions Unit for the purposes of having a 'notification of a proposal to deport' letter issued under Section 3 of the Immigration Act 1999. This letter will issue shortly and sets out three options for the person concerned; namely to return voluntarily to their country of origin, to consent to the making of a Deportation Order or to submit representations as to why a Deportation Order should not be made.
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.
376. Deputy Shane Ross asked the Minister for Justice and Equality her plans to provide a community garda in Sandyford village, County Dublin. [33120/15]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, including Community Gardaí, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continual review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of resources.
I have been informed by the Garda Commissioner that, as of the 31 July 2015 the latest date for which figures are readily available, out of 86 members attached to Dundrum Garda station, which patrols the area mentioned, there are 10 dedicated Community Gardaí.
It is, of course, the case that all Gardaí have a role to play in addressing community policing issues as and when the need arises. In that sense, community policing involves far more than a single unit within the Garda Síochána, a point highlighted by the Garda Inspectorate in their third report entitled "Policing in Ireland—Looking Forward" in which they stated that community policing is a fundamental policing philosophy and that there is a strong foundation for it in Ireland.
The Garda Síochána now operates a new model of Community Policing which aims to build upon and enhance progress made so far. I fully support this renewed emphasis on Community Policing particularly in light of the priority given to this in the Programme for Government. The model is about renewing, reinvigorating and restructuring the community policing function within An Garda Síochána to deliver a consistent national structure to the community policing function, a more co-ordinated and efficient Garda service to the community and a spread of good practice and quality of service in community policing on a national basis.
377. Deputy Niall Collins asked the Minister for Justice and Equality her plans to provide additional resources, personnel and vehicles to the Garda Síochána station in Tallaght, Dublin 24; her views on the need for such developments; and if she will make a statement on the matter. [33132/15]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel and vehicles, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continual review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of resources.
I have been informed by the Garda Commissioner that as of the 31 July 2015, the latest date for which figures are readily available, there were 173 members of An Garda Síochána attached to Tallaght Garda Station. These Gardaí are supported by 9 Garda Reserve members and 10 civilians. The work of local Gardaí in Tallaght is augmented when necessary by a number of Garda national units such as the National Bureau of Criminal Investigation (NBCI), the Criminal Assets Bureau (CAB) and the Garda National Immigration Bureau (GNIB). Organised criminal activity is currently being targeted by An Garda Síochána across a number of fronts, including through the use of focused intelligence-led operations by specialist units such as the Drugs and Organised Crime Unit and CAB.
In addition, €700,000 has been allocated for new specialised vehicles to support Gardaí in responding to current and emerging crime threats, including burglaries committed by highly-mobile gangs. In fact this Government has invested nearly €29 million in new Garda vehicles since 2012, with 370 new vehicles coming on stream so far this year. I expect that the Capital Expenditure Programme 2016-2021 which will be announced later today will make provision for further substantial investment in Garda resources.
I have requested from the Garda Commissioner the number of Garda vehicles attached to Tallaght Garda District and will write to the Deputy on receipt of same.
378. Deputy Derek Nolan asked the Minister for Justice and Equality if her Department is developing a national action plan for human rights further to the Vienna declaration; if she will provide details and a timeframe for same; and if she will make a statement on the matter. [33167/15]
View answerOur human rights and equality infrastructure has been strengthened by the establishment in November 2014 of the Irish Human Rights and Equality Commission. A significant innovation in the Irish Human Rights and Equality Commission Act 2014 was the introduction of a positive duty on public bodies to have due regard to human rights and equality in their work and conduct their business in a manner that is consistent with individual human rights. The Commission will assist public bodies to comply with the positive duty, including by producing guidelines and codes of practice. This means the systematic integration of an equality and human right perspective into everyday work, including changes to organisational cultures so that such a perspective is an integral part of the organisation. This innovation puts the promotion and protection of human rights at the heart of our domestic and foreign policies, and as the Deputy is aware, our Constitution places strong emphasis on fundamental rights and predates both the Universal Declaration of Human Rights and the European Convention on Human Rights.
We have in place a range of human rights action plans or strategies targeted at specific groups. We have sectoral strategies in place to safeguard, promote and further the rights of groups or sectors within society, such as people with disabilities, Travellers and Roma, older people, migrants, and carers, for example. We also have strategies in place to promote gender equality, tackle domestic and sexual-based violence, and promote social inclusion. As human rights and equality issues cross the whole of Government, the Cabinet Committee system plays an important role in ensuring coordination and a holistic approach on relevant issues. Our current system of focusing our energies on specific sectoral approaches allows us to respond with agility to suggestions emerging from our ongoing working relationship and consultations with civil society; a good example of this would be the proposals for an LGBTI strategy or roadmap which I announced in recent days.
I am open to the idea of a developing a National Action Plan on Human Rights, if it were clear that a such general, overarching plan would bring added value to the considerable work already being undertaken. However, I do remain to be convinced that such a National Plan would be the best way forward in terms of making the best use of the resources available to me and the most practical and effective way of partnering with specific civil society sectoral interests. However, I am happy to keep the question under review and to promote continued discussion on this suggestion with IHREC, civil society and other stakeholders.
379. Deputy Willie Penrose asked the Minister for Justice and Equality if she will indicate what plans are in place to ensure additional high-speed cars are allocated to Garda Síochána stations across counties Longford and Westmeath; specify when they are likely to be available for use in combatting and detecting crime; and if she will make a statement on the matter. [33169/15]
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.
In that context I am informed by the Garda Authorities that following the recent provision of €700,000 for new specialist vehicles for An Garda Síochána and a subsequent procurement exercise carried out in conjunction with the Office of Government Procurement, an order for high performance vehicles has been placed.
These vehicles are scheduled to be delivered this year and, following fit out, these vehicles will be allocated throughout the Force by the Commissioner in a manner consistent with operational requirements.
380. Deputy Willie Penrose asked the Minister for Justice and Equality if she will outline what steps are being taken to provide additional Garda Síochána manpower in counties Longford and Westmeath; if she will ensure that some of the additional personnel are allocated to rural areas; and if she will make a statement on the matter. [33170/15]
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 continual review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of resources.
I have been informed that, as of the 31 July 2015 the latest date for which figures are readily available, in respect of County Longford, there are 118 members of An Garda Síochána attached to the Districts of Granard and Longford. On the same date, there were 241 members attached to the Westmeath Division. The work of these Gardaí is supported by 29 Garda Reserve members and 31 civilian staff.
This Government is committed to the ongoing recruitment of trainee Gardaí, and to this end the first intake since 2009 of new recruits commenced training at the Garda College, Templemore, in September of last year. To date there has been four intakes of Garda Trainees into the Garda College, giving a total intake of 400. A further 150 recruits will enter college by year end, bringing total recruitment of Garda Trainees to 550. So far 290 of the new Garda Trainees have attested as members of An Garda Síochána. On attestation, new Probationer Gardaí are assigned to Garda stations throughout the country by the Garda Commissioner, where they are assigned to mainstream uniform policing duties. I am assured by Garda management that the needs of all Garda Divisions, including those providing a policing service to rural areas, are fully considered when determining the allocation of newly attested Gardaí.
In addition, €700,000 has been allocated for new specialised vehicles to support Gardaí in responding to current and emerging crime threats, including burglaries committed by highly-mobile gangs. In fact this Government has invested nearly €29 million in new Garda vehicles since 2012, with 370 new vehicles coming on stream so far this year. I expect that the Capital Expenditure Programme 2016-2021 which will be announced later today will make provision for further substantial investment in Garda resources.
381. Deputy Gabrielle McFadden asked the Minister for Justice and Equality when the contract to refurbish Mullingar courthouse, County Westmeath, will be signed; when construction will commence; and if she will make a statement on the matter. [33198/15]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that they are now at an advanced stage in planning the proposed refurbishment of Mullingar Courthouse which is part of the Government's infrastructure stimulus package. The proposed refurbishment of Mullingar Courthouse is part of a bundle of seven courthouse projects currently being procured by way of Public Private Partnership. A preferred bidder has recently been selected and contract negotiations are at an advanced stage. The contract is expected to be awarded before the end of 2015, at which point construction work will commence.
