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Tuesday, 20 Oct 2015

Written Answers Nos. 385-405

Proposed Legislation

Questions (385)

Derek Nolan

Question:

385. Deputy Derek Nolan asked the Minister for Justice and Equality when a Bill on corporate manslaughter will come before the Houses of the Oireachtas; the time frame for it becoming law; and if she will make a statement on the matter. [36514/15]

View answer

Written answers

The Law Reform Commission’s 2005 report on corporate killing recommended an offence of corporate manslaughter, addressing corporate entities, and a derivative offence of “grossly negligent management causing death”, which could be addressed at high managerial agents within a company. Arising from this a Government decision of December 2010 approved the drafting by the Minister for Justice and Equality of a General Scheme of a Criminal Justice (Corporate Manslaughter) Bill to implement the principal recommendations in the report. An Interdepartmental Working Group was established to conduct a regulatory impact analysis of the proposals. This Interdepartmental Working Group on Corporate Manslaughter completed that analysis in 2014. Proposals for legislation in this area are under consideration in my Department but require further consultation with other relevant Departments and legal advice. It is not possible to state when proposals will come before the Oireachtas.

Garda Misconduct Allegations

Questions (386)

Finian McGrath

Question:

386. Deputy Finian McGrath asked the Minister for Justice and Equality her plans to open an independent investigation into the death of a person (details supplied); and if she will make a statement on the matter. [36530/15]

View answer

Written answers

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

The Panel has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. I am mindful that all complainants are anxious to know the outcome of the review of their case and every effort is being made to conclude the process. In each case a submission will be prepared. Mr Justice Roderick Murphy will review the summary of the conclusion and the letter of notification drafted to ensure that they are a fair and accurate reflection of the recommendation.

The issuing of notification letters to complainants commenced on 29 June. To date, 216 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants until the process is completed. I have previously assured Deputies that where further investigation is recommended by the review then that will occur.

Stardust Fire

Questions (387)

Gerry Adams

Question:

387. Deputy Gerry Adams asked the Minister for Justice and Equality further to Parliamentary Question No. 518 of 26 May 2015, if she will provide an update on the investigation by her Department into the new evidence recently provided by the Stardust Victims Committee; when this work will be completed; and if she will make a statement on the matter. [36531/15]

View answer

Written answers

Following my meeting with the Stardust Victims Committee last year I appointed an official in my Department to liaise with them in relation to matters about which they have expressed concern.

A researcher associated with the Committee submitted material relating to these events to my Department and a meeting was held with that researcher, and another person associated with the Committee, on 23 April this year. Following an examination of the material presented, a draft preliminary analysis was prepared in my Department and this draft was issued to the Committee in July of this year. The Committee were invited to examine this draft analysis and provide any commentary they wished to make on it. The Committee's response to this draft analysis was provided by way of a presentation made by researchers associated with the Committee; this presentation was made on 30 September 2015. Further additional material was provided to my Department at that presentation and these materials are currently being examined in my Department.

Garda Transport Provision

Questions (388)

Finian McGrath

Question:

388. Deputy Finian McGrath asked the Minister for Justice and Equality her plans to provide assurances that the vehicles allocated to the emergency response unit and regional support unit are high performance; if the number of vehicles allocated to both units will be increased in 2015; and if she will make a statement on the matter. [36553/15]

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Written answers

Decisions 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. Responsibility for the efficient deployment of Garda vehicles in each Unit is assigned to the Divisional Officer, who may allocate vehicles between Units, as required by operational circumstances. The Deputy will appreciate that a degree of flexibility in allocating and re-allocating vehicles among Units, so as to best match the allocation of resources with policing priorities, is essential to the efficient management of the Garda fleet.

This Government has been determined to ensure that An Garda Síochána has the resources to deliver highly-mobile and responsive Garda patrols in both rural and urban communities. Since 2012, we have invested almost €29 million in renewing the Garda fleet to support front line Garda responses. So far this year 370 new vehicles have come on stream including new specialised vehicles. Today I announced the allocation of a further €5.3m to An Garda Síochána for the purchase of a further 260 vehicles between now and the end of the year. This new investment will provide the Gardaí with additional high powered vehicles, marked and unmarked patrol cars, cars for surveillance and covert operations, motor cycles for high visibility road policing and vehicles for public order policing. This investment in a modern, effective and fit-for-purpose Garda fleet will continue under the Government’s Capital Plan 2016-2021 which provides an additional €46 million for new Garda vehicles over the life time of the Plan. The increased budget allocation for 2016 will also facilitate additional funding for Garda surveillance, special operations and targeted, intelligence-led policing.

This substantial level of investment will be accompanied by the continued renewal of Garda personnel with 600 new Gardaí to be recruited next year on top of the 550 to be recruited by the end of this year. The totality of this investment will ensure that Gardaí have the necessary tools and manpower to tackle the scourge of highly-mobile criminal gangs and to disrupt crime, particularly burglaries, across both rural and urban communities.

Crime Data

Questions (389)

Bernard Durkan

Question:

389. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of serious offences, including unlawful killing, allegedly committed by persons while on bail in each of the past 12 years to date; the extent to which provision is being made to address this issue; and if she will make a statement on the matter. [36627/15]

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.

In July, the Government approved the drafting of a Bail Bill which will strengthen the operation of the bail system and make the law as effective as possible in protecting the public against crimes committed by persons on bail.

I am aware of the concerns that are arising in relation to the operation of our current bail laws and it is intended to have the new Bail Bill drafted on a priority basis, with a view to its publication in the current parliamentary session.

Accordingly, I look forward to introducing the Bail Bill in the Houses of the Oireachtas at an early stage.

Crime Data

Questions (390)

Bernard Durkan

Question:

390. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of occasions on which alleged crimes have been committed by prisoners while on early release, day release and compassionate release in each of the past ten years to date; and if she will make a statement on the matter. [36628/15]

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Written answers

The legislative basis for making decisions on temporary release is fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.

Temporary release is an important vehicle for re-integrating an offender into the community in a planned way.

I am advised by the Irish Prison Service that any offender who breaches his or her conditions, including committing a criminal offence, may be arrested and returned to prison immediately by the Gardaí or may be refused another period of reviewable temporary release. If someone re-offends on temporary release, the matter of their prosecution is a matter for An Garda Síochána and the Director of Public Prosecutions to consider.

If the person is returned to prison to serve the remaining part of their sentence as a result of breaching their temporary release conditions, this information is kept on file and is taken into consideration by the Irish Prison Service for any future temporary release decisions that are taken in respect of that offender. Behaviour on temporary release is one of the criterion to be considered as outlined in the Criminal Justice (Temporary Release of Prisoners) Act 2003. The Irish Prison Service work closely with An Garda Síochána and the Probation Service in respect of the monitoring, supervision and compliance of those on temporary release.

The Irish Prison Service Three Year Strategic Plan 2012-2015 and the Joint Prison Service/Probation Service Strategic Plan 2015-2017 includes working towards the objective of ensuring that all prisoners released early from custody are placed on appropriate structured programme of temporary release.

The Community Return Scheme is an initiative whereby carefully selected prisoners, serving sentences between 1 year and 8 years, can be granted reviewable temporary release coupled with a requirement to do community service work such as painting, gardening or graffiti removal in a supervised group setting. The type of work involved is intended to assist the community and the scheme is involved with a large number of charitable organisations and local community groups.

A recent report on the Community Return Scheme has showed that there were 232 persons released in the first year of the Scheme, from October 2011 to end September 2012. Of this group the report highlighted that as at the end of year 2013, 91% of those involved in the Scheme had not returned to custody.

In addition to Community Return, a Community Support Scheme has also been introduced to reduce recidivism rates of short term prisoners by arranging for additional support structures post release and by providing for a more structured form of temporary release.

I am informed by the Irish Prison Service that they do not collate such information in the format requested by the Deputy. However, the Irish Prison Service Recidivism study for 2008 shows that 1,809 persons out of a total of 5,489 that were released in that year went on to re-offend within the first 6 months of release. This figure also includes offences committed before their official release date and this would take account of crimes committed while on early release, day release, and compassionate release. It also includes offences committed while in custody such as assaults and possession of mobile phones.

These figures were produced in partnership with the Central Statistics Office using a combination of Garda Síochána and Irish Prison Service records, based on the Irish Crime Classification System (ICCS). The study, which was published in December 2013, looked at the available data up to the end of 2011 to take account of the time to make a conviction and a broader 3 year analysis of recidivism.

It is expected that the Recidivism study for the 2009 releases will be published in December 2015 by the Central Statistics Office.

Garda Equipment

Questions (391)

Bernard Durkan

Question:

391. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which adequate provision continues to be made to ensure the availability of the most sophisticated technology to assist An Garda Síochána in the course of its duties; and if she will make a statement on the matter. [36629/15]

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Written answers

Under the Garda Síochána Act, 2005 the Garda Commissioner is responsible for the distribution of available Garda resources. This includes personnel, Garda vehicles and the various technologies utilised to support frontline Gardaí and intelligence led operations against organised crime. This process takes account of annual policing priorities determined by me as Minister for Justice in consultation with the Commissioner as provided for under Section 20 of the Garda Síochána Act, 2005.

I am informed by the Garda authorities that they are continually looking to ensure that the latest information, communications and forensic technologies are sourced and deployed to achieve their strategic objectives as set out in the context of their annual policing plans, as provided for in section 22 of the Garda Síochána Act 2005. This policy is designed to ensure that the Garda Síochána will be in a position to meet the evolving needs of a modern effective police force and take advantage of proven up to date technological developments in crime detection and prevention as they occur.

In terms of existing technology, the Deputy will be aware that a considerable amount of new Garda ICT solutions has been delivered over the past number of years. These include the deployment of a secure national digital radio system (NDRS), the deployment and support of Garda and Community CCTV systems, an automated number plate recognition (ANPR) system, and the addition of many new functions to the PULSE system, which itself is further supported by a dedicated Garda data entry service in Castlebar. The substantial additional investment of €205 million in new technology and systems for An Garda Síochána provided under the Capital Plan 2016-2021 will facilitate progress on further important reforms arising from the Garda Inspectorate's report on Crime Investigation. Examples of the new systems to be developed through this investment include:

- new computer-aided dispatch to ensure responsive and coordinated deployment of Gardaí in the community;

- mobile technology to give the Gardai secure mobile access to critical information when and where they need it;

- investigations management systems to ensure enhanced management of crime investigations; and

- upgrading the APNR to enhance policing of road safety and compliance.

In the area of forensics the situation is that the Garda authorities currently employ state-of-the-art automated fingerprint and ballistics identification systems which I am informed are at least on a par with those used by police forces in other EU jurisdictions. The Deputy will also be aware that the forensic capacity of An Garda Síochána will be further enhanced by a new national DNA database, scheduled to become operational shortly.

These and other new technological solutions will reduce the amount of Garda time involved in paperwork and will ensure that Gardaí can spend more time engaged in front line policing.

Crime Investigation

Questions (392, 399)

Bernard Durkan

Question:

392. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which serious life-threatening crimes have gone undetected in the course of the past ten years to date; and if she will make a statement on the matter. [36630/15]

View answer

Bernard Durkan

Question:

399. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the various forms of reported crime appear to be either on the increase or on the decrease; if adequate resources remain available to her Department to confront such issues; and if she will make a statement on the matter. [36638/15]

View answer

Written answers

I propose to take Questions Nos. 392 and 399 together.

In relation to the particular crime trends referred to by the Deputy, he will be aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics. I have requested the CSO to provide the available statistics directly to the Deputy.

I am in ongoing contact with the Commissioner to ensure that An Garda Síochána has the necessary resources to take account of evolving crime trends and patterns, in particular with respect to the more serious crime categories.

With the benefit of the increased resources which the Government is now making available, I am providing the Commissioner with the means to enhance the overall Garda operational response. The reopening of the Garda College for new recruits in September last year and the deployment of newly attested Gardaí during the current year clearly demonstrate the Governments commitment to supporting communities on the front line. We have taken in 550 new recruits this year and, following the Budget Day announcements, there will be a further 600 new recruits in 2016, underlining the Government's commitment to providing communities throughout the country with the reassurance that comes from a visible and determined police force.

I am also ensuring that An Garda Síochána have the necessary vehicles and technology to carry-out more visible and responsive patrols of motorways and rural communities, with increased surveillance of criminal gangs and enhanced night-time public order policing in our cities and provincial towns. I have secured an additional €5.3 million for the purchase of 260 Garda vehicles between now and the end of the year and, in total, we have invested nearly €34 million in new Garda vehicles since 2012, with 370 new vehicles already coming on stream so far this year. In addition to the major investment in Garda vehicles I have also made €1.75m available specifically to upgrade surveillance equipment on Garda aircraft. Looking to the future, the Capital Plan 2016 - 2021 makes provision for the ongoing delivery of new Garda vehicles in the coming years, as well as very significant investment in new technology and information systems for An Garda Síochána, amounting to €205m over the life of the Plan. The increased resources which are now coming on stream represent a very significant investment in enhanced policing and community safety in all areas.

Organised Crime

Questions (393)

Bernard Durkan

Question:

393. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which Irish criminal gangs have put themselves outside the jurisdiction to evade detection or punishment; the number of such persons resident outside the State; the extent to which adequate legislation remains available to combat their ongoing activity; and if she will make a statement on the matter. [36631/15]

View answer

Written answers

The Deputy will appreciate the importance of the international frameworks providing for cooperation amongst states in tackling crime.

Ireland is a party to a wide range of international instruments at United Nations, Council of Europe and European Union which provide for mutual legal assistance and extradition. In addition we are a party to a smaller number of bilateral agreements.

While it is not possible to provide the particular information sought I can assure the Deputy that these mechanisms are being utilised and that persons are regularly surrendered to Ireland to stand trial for crimes they are alleged to have committed here.

Furthermore, An Garda Síochána maintains close liaison with other law enforcement agencies internationally and the work of Garda liaison officers who are permanently based in other jurisdictions and in international bodies such as Interpol and Europol, greatly facilitate the prompt exchange of information and intelligence on criminal activity.

I can further inform the Deputy that the operation of criminal legislation in this area is kept under ongoing review. In this regard, the Criminal Justice (Mutual Assistance) Act 2008 and the Criminal Justice (Mutual Assistance) Amendment Bill 2014, which is currently before the Oireachtas, provide for wide and more efficient measures in fighting transnational crime. Among the measures provided for in this legislation are:

- Procedures for transmission and receipt of mutual legal assistance requests or service of documents.

- Confiscation and return of stolen items.

- Temporary transfer of prisoners to provide information in investigation of a crime. (In Ireland’s case the consent of the prisoner will be required.)

- Hearing of evidence by videoconference or telephone conference.

- Controlled deliveries.

- Operation of Joint Investigation Teams where the circumstances of criminal activity merit this.

- Interception of telecommunications.

- Monitoring of bank accounts.

This legislation is an essential part of dealing with international crime and the powers provided are of use both in detecting and prosecuting criminals.

Garda Resources

Questions (394)

Bernard Durkan

Question:

394. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which rapid response mobile Garda Síochána units are available to combat the activities of criminal gangs, with reference to both urban and rural areas; the desirable response time in such situations; the extent to which this continues to be achieved; and if she will make a statement on the matter. [36632/15]

View answer

Written answers

This Government has been determined to ensure that An Garda Síochána has the resources to deliver highly-mobile and responsive Garda patrols in both rural and urban communities. Since 2012, we have invested almost €29 million in renewing the Garda fleet to support front line Garda responses. So far this year 370 new vehicles have come on stream including new specialised vehicles. Today I announced the allocation of a further €5.3m to An Garda Síochána for the purchase of a further 260 vehicles between now and the end of the year. This new investment will provide the Gardaí with additional high powered vehicles, marked and unmarked patrol cars, cars for surveillance and covert operations, motor cycles for high visibility road policing and vehicles for public order policing. This investment in a modern, effective and fit-for-purpose Garda fleet will continue under the Government’s Capital Plan 2016-2021 which provides an additional €46 million for new Garda vehicles over the life time of the Plan. The increased budget allocation for 2016 will also facilitate additional funding for Garda surveillance, special operations and targeted, intelligence-led policing.

This substantial level of investment will be accompanied by the continued renewal of Garda personnel with 600 new Garda to be recruited next year on top of the 550 to be recruited by the end of this year. The totality of this investment will ensure that Gardaí have the necessary tools and manpower to tackle the scourge of highly-mobile criminal gangs and to disrupt crime, particularly burglaries, across both rural and urban communities.

I have asked the Garda authorities for the specific information requested and I will revert to the Deputy as soon as I have this information to hand.

Organised Crime

Questions (395)

Bernard Durkan

Question:

395. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which Interpol or Europol continue to be utilised in the context of combatting serious organised crime; and if she will make a statement on the matter. [36633/15]

View answer

Written answers

Tackling organised crime in all its guises is a key ongoing priority for both the Government and An Garda Síochána. This priority is clearly reflected in the Policing Plan for 2015.

In tackling organised crime activity An Garda Síochána continues to develop and implement operations and strategies aimed at targeting, dismantling and disrupting criminal networks, utilising advanced analytical and intelligence methods.

Of course, organised crime, by its nature, is constantly evolving and diversifying in both its structures and activities so as to exploit opportunities for criminal gain. In addition, many modern organised criminal groupings are transnational in nature and poly criminal in their activities.

In this regard, An Garda Síochána maintains close liaison with other law enforcement agencies internationally and the work of Garda liaison officers who are permanently based in other jurisdictions and in international bodies such as Interpol and Europol, greatly facilitate the prompt exchange of information and intelligence on criminal activity. Such international liaison has led to many parallel investigations with international law enforcement agencies.

I am further informed by the Garda Authorities that at this time An Garda Síochána are currently conducting a number of ongoing operations in cooperation with international law enforcement agencies and are being actively assisted in this regard by Europol and Interpol.

In addition, An Garda Síochána are participating in the related international seminars that assist in identifying emerging crime trends as well as in training provided through CEPOL, Interpol, and Europol.

While the details of the extent of cooperation at international level would be too numerous to set out, I would draw the Deputy's attention to the Annual Reports of An Garda Síochána and the websites of both Interpol and Europol, which provide an insight into the work that is undertaken in this regard.

Bail Law

Questions (396)

Bernard Durkan

Question:

396. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the proposals she has in mind to inhibit the extent to which bail is made readily available to repeat offenders or to first-time offenders in respect of serious life-threatening crimes; and if she will make a statement on the matter. [36635/15]

View answer

Written answers

In July, the Government approved the drafting of a Bail Bill which will strengthen the operation of the bail system and make the law as effective as possible in protecting the public against crimes committed by persons on bail.

I am aware of the concerns that are arising in relation to the operation of our current bail laws and it is intended to have the new Bail Bill drafted on a priority basis, with a view to its publication in the current parliamentary session.

Accordingly, I look forward to introducing the Bail Bill in the Houses of the Oireachtas at an early stage.

Legal Aid Service Data

Questions (397)

Bernard Durkan

Question:

397. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which criminal legal aid is sought and obtained by the same persons over a number of years, with particular reference to alleged offences committed while on bail for a previous offence; and if she will make a statement on the matter. [36636/15]

View answer

Written answers

The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. These are the criteria for access to legal aid under the Act and there is no limit placed on the number of times that a person can apply for legal aid and the granting of such aid does not make a distinction between offences committed while on bail or otherwise. I have no function in relation to individual judicial decisions regarding the granting of legal aid.

The Deputy will appreciate that an accused person who faces serious charges is entitled to a fair trial and the presumption of innocence and if they cannot afford to pay for legal representation, there is a right to legal aid. Under the Constitution, the State is obliged to provide an accused person with the means to obtain appropriate legal representation. Moreover, the European Convention on Human Rights provides that every person charged with a criminal offence is entitled to defend themselves in person or through legal assistance of their own choosing or, if they have insufficient means to pay for legal assistance, to be given it free when the interests of justice so require. The Deputy will also appreciate that the Criminal Legal Aid Scheme must operate with due regard to these rights and that any unreasonable block on legal aid could give a convicted defendant an avenue for appeal or prohibition of the prosecution. The overriding concern is to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts.

Firearms and Ammunition Security

Questions (398)

Bernard Durkan

Question:

398. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of legally held shot guns or hand guns reported stolen from households in each of the past 12 years to date; the extent to which such weapons have been found to have been subsequently used in the committal of crimes; the number of gun-related crimes committed which indicate the use of weapons acquired through other sources; and if she will make a statement on the matter. [36637/15]

View answer

Written answers

I have asked the Garda Commissioner for a report in relation to this matter and I will write to the Deputy when I have further information.

Question No. 399 answered with Question No. 392.

Visa Applications

Questions (400)

Clare Daly

Question:

400. Deputy Clare Daly asked the Minister for Justice and Equality why she has maintained the restrictions on consideration of applications for Irish visas by Libyan nationals; her plans to review these restrictions; and if she will make a statement on the matter. [35966/15]

View answer

Written answers

Due to the political and security situation in Libya, certain restrictions on consideration of Irish visa applications from Libyan nationals have been in place since August, 2014. I reviewed the situation earlier this year and decided that this arrangement generally should be maintained. The position is kept under review by the Irish Naturalisation and Immigration Service of my Department.

Liquor Licensing Laws

Questions (401)

Martin Heydon

Question:

401. Deputy Martin Heydon asked the Minister for Justice and Equality for an update on the review of proposals relating to the structural separation of alcohol products; when she expects the proposals to be published; the expected time frame for their implementation; and if she will make a statement on the matter. [35987/15]

View answer

Written answers

The position is the Minister for Health and I have recently reviewed, in the context of the forthcoming Public Health (Alcohol) Bill, matters relating to the structural separation of alcohol products from other products in mixed trading outlets such as supermarkets and convenience stores, including the putting in place of appropriate future enforcement mechanisms. We intend jointly to submit proposals in relation to these matters to Government in the context of finalisation of the contents of the forthcoming Public Health (Alcohol) Bill.

Garda Misconduct Allegations

Questions (402, 403)

Clare Daly

Question:

402. Deputy Clare Daly asked the Minister for Justice and Equality if she will consider opening a public inquiry into the circumstances of the fire at the Bundoran Central Hotel in 1980. [36036/15]

View answer

Clare Daly

Question:

403. Deputy Clare Daly asked the Minister for Justice and Equality if she has reviewed allegations of Garda Síochána malpractice in the course of the investigation of the fire at the Bundoran Central Hotel in 1980; and, if she has, if she will make available the outcome of that review. [36037/15]

View answer

Written answers

I propose to take Questions Nos. 402 and 403 together.

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

The Panel has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. I am mindful that all complainants are anxious to know the outcome of the review of their case and every effort is being made to conclude the process. In each case a submission will be prepared. Mr Justice Roderick Murphy will review the summary of the conclusion and the letter of notification drafted to ensure that they are a fair and accurate reflection of the recommendation.

The issuing of notification letters to complainants commenced on 29 June. To date, 216 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants until the process is completed.

I have previously assured Deputies that where further investigation is recommended by the review then that will occur. While it would not be appropriate to publish individual recommendations, it is my intention, on the completion of the process, to make a comprehensive statement on all the actions I have decided to take in line with the recommendations of counsel.

I have also asked counsel, in addition to making recommendations in individual cases, to produce a general overview of the issue and trends identified through this process. I believe that this may lead to recommendation for changes across a number of areas, which if implemented will address many of the general and thematic concerns raised by those persons who cases were examined by Counsel. I understand that this report is currently being finalised. Once I have had an opportunity to consider it, I intend to publish it.

Immigration Status

Questions (404)

Ruth Coppinger

Question:

404. Deputy Ruth Coppinger asked the Minister for Justice and Equality if her Department can confirm that a person (details supplied) in Dublin 15 was resident in the State for the purposes of being eligible to play for the Irish national soccer team. [36046/15]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation in respect of the minor referred to by the Deputy was processed with a view to establishing whether the statutory conditions for the granting of naturalisation were met, and a certificate of naturalisation issued on 12 April 2013. Five years residence is not required for naturalisation of a minor child of a naturalised Irish citizen.

With regard to the Deputy's request for confirmation that the person concerned was resident in the State for the required period for the purposes of being eligible to play for the Irish national soccer team, minor children under the age of 16 are not required to register with the Garda National Immigration Bureau. Accordingly INIS is not in a position to confirm that the person concerned was continuously and lawfully resident in the State for the required period. However, it should be a straightforward matter for the person himself to demonstrate that he was resident in the State.

I understand that a response has issued to the correspondence to which the Deputy refers.

The Deputy may wish to note that 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 established specifically 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.

Question No. 405 answered with Question No. 374.
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