Written Answers Nos. 303-324
303. Deputy Peter Fitzpatrick asked the Minister for Defence the reason for the delay in obtaining security clearance for applicants to the 27th infantry battalion reserve (details supplied); if the delay is caused by Garda Síochána or military processes; and if he will make a statement on the matter. [42736/15]
View answerA large number of applicants have been medically examined, fitness tested and interviewed over 12 months ago. Applicants to the Reserve Defence Force are vetted by the Garda Central Vetting Unit as part of the recruitment process. Processing times for vetting of applications in this regard on average take up to 10 to 12 weeks. However, in some individual cases, additional enquiries may be necessary and this may result in processing times in excess of the average.
I am informed by the military authorities that a total of 15 applicants for the 27th Infantry Battalion reserve are currently waiting on security clearance. It would not be appropriate to comment further on individual applications.
304. Deputy Billy Timmins asked the Minister for Defence the number of legal cases currently ongoing against his Department including State agencies under his aegis; the number of cases that took place during the years 2011 to 2014, inclusive; the cost of those that were contested and what damages were involved; the costs and damages of those that were settled; and if he will make a statement on the matter. [43263/15]
View answerThe Chief State Solicitor’s Office, Attorney General’s Office and the State Claims Agency deal with all legal matters on behalf of my Department. The main requirement for legal services in my Department is in the context of litigation, usually in the form of administrative law and personal injury proceedings. The Chief State Solicitor’s Office and the State Claims Agency manage and provide legal representation in relation to all cases taken against the Minister for Defence.
The Chief State Solicitor’s Office is responsible for the costs of the State’s legal teams in cases that it manages on behalf of the Department. External legal costs incurred by the State Claims Agency arising from the defence of any claims managed by the Agency for the Department are refunded to the Agency by my Department. In addition, my Department may pay plaintiffs’ legal costs as part of awards and settlements.
As at 30 November, 2015, there are 375 claims on-hand in this Department.
The table lists the information sought by the Deputy:
- The number of cases received and finalised during 2011 to 2014, inclusive;
- The total legal costs incurred during 2011 to 2014, inclusive;
- The total awards/settlements paid during 2011 to 2014, inclusive.
|
Year |
Cases Received |
Cases Finalised |
Legal costs |
Awards/Settlements |
|
2011 |
149 |
512* |
€2,161,956 |
€2,524,875 |
|
2012 |
127 |
228* |
€1,199,689 |
€1,588,500 |
|
2013 |
130 |
159 |
€1,441,165 |
€2,260,544 |
|
2014 |
167 |
137 |
€1,363,182 |
€2,651,899 |
The Deputy might note that expenditure is subject to a number of unpredictable variables including the timing of court hearings, the progression of cases and numbers, value and timing of awards and settlements. In cases where the State is considered liable or which involve an apportionment of liability as between the State and the claimant, the Chief State Solicitor’s Office and the State Claims Agency’s approach is to settle such cases expeditiously in so far as it is possible to do so on reasonable terms. In cases where liability is fully disputed by the State, all necessary resources are applied to defending such claims robustly.
*During 2011/2012, the Department engaged with the Chief State Solicitor’s Office and the State Claims Agency in a review of old cases. This identified many cases that had been finalised i.e. struck out for lack of prosecution, discontinued or settled.
305. Deputy Regina Doherty asked the Minister for Defence the number of employees under his remit who are classified under a contract of indefinite duration; the number of these who are receiving incremental salary payments; and if he will make a statement on the matter. [43277/15]
View answerThe Defence Organisation includes civil servants, military personnel, and civilian employees attached to military installations.
There are no employees in my Department who are classified under a Contract of Indefinite Duration.
306. Deputy Micheál Martin asked the Minister for Justice and Equality the position regarding the new visa deal between the European Union and Turkey; and if she will make a statement on the matter. [37148/15]
View answerThe European Commission launched a visa liberalisation dialogue with Turkey on 16 December 2013, in parallel with the signature of an agreement between the European Union (EU) and Turkey on readmission of irregular migrants. A road-map of reforms to be undertaken by Turkey prior to the completion of visa liberalisation was agreed between the EU and Turkey as part of the process. I understand that the re-admission agreement is expected to be implemented in June 2016, and October 2016 has been set as the expected time-frame for completion of the lifting of the visa requirement.
These proposals relate to visa liberalisation between the EU member states operating visa free travel within the Schengen area. Ireland has not applied to participate in those aspects of the Schengen Aquis that provide for the abolition of internal border checks. This decision has been taken to maintain the Common Travel Area with the United Kingdom which remains a priority for Ireland.
307. Deputy Micheál Martin asked the Minister for Justice and Equality her views on the need for better security, co-operation and sharing of intelligence across the European Union; and if she will make a statement on the matter. [41151/15]
View answer308. Deputy Micheál Martin asked the Minister for Justice and Equality if there is a split at European Union Council level regarding how to deal with the threat of the Islamic State of Iraq and Syria; and if she will make a statement on the matter. [41153/15]
View answerI propose to take Questions Nos. 307 and 308 together.
Taking measures to combat terrorism is a shared priority for the Member States of the European Union and discussion on these issues have been at the top of the agenda at my regular meetings with my EU counterparts. The Justice and Home Affairs Council held an emergency meeting in the week following the appalling attacks in Paris on 13 November and Ministers were at one in seeking an appropriate and unified response to those attacks, including all reasonable measures to counteract the terrorism threat. In this regard, the Council Conclusions of 20 November 2015, agreed by all the Member States, underline the importance of accelerating the implementation of all areas covered by the statement on counter-terrorism issued by the Members of the European Council on 12 February 2015 and, in particular, of the following measures: the EU Passenger Name Record (PNR) directive, firearms, controls of external borders, information-sharing, terrorist financing and the criminal justice response to terrorism and violent extremism.
In referring to the critical importance of co-operation between the police and intelligence services in combating terrorism, I expressed my view that enhanced access for EU police and security services to data and intelligence-sharing has a critical role in the fight against terrorism. An Garda Síochána co-operates closely with it EU counterpart services and it makes full use of the range of information-sharing means available to them, including through Interpol, Europol and bi-lateral channels.
That said, opportunities that we consider could further enhance that co-operation must be pursued. In this regard, I am determined that An Garda Síochána will have access to the Schengen Information System for terrorism and criminal purposes and I am arranging that the necessary steps in this regard will now be taken as quickly as possible.
In relation to the EU PNR Directive, I confirmed at the Council that Ireland fully supports the aim of securing early agreement with the European Parliament given the importance of ensuring that for the purposes of combating terrorism and serious crime law, enforcement services can have access to PNR data in the context of a robust framework of safeguards for privacy and data protection.
309. Deputy Micheál Martin asked the Minister for Justice and Equality the status of the Schengan agreement; if members of the European Union Council want it dismantled; if it is under threat, given the atrocities in Paris in France; and if she will make a statement on the matter. [41155/15]
View answerThe Schengen Agreement is an agreement among certain European Member States. The Agreement allows for the abolition of systematic border controls between participating countries. It also includes provisions on common policy on the temporary entry of people (including the Schengen visa), the harmonisation of external border controls and cross-border police and judicial co-operation.
Ireland (and the United Kingdom) only takes part in the police and criminal judicial measures of the Agreement and does not participate in the common border control and visa provisions. This decision was taken in order to maintain the Common Travel Area with the United Kingdom which remains a priority for Ireland.
I am not aware of any proposal coming before Council that the Schengen Travel Area be dismantled.
310. Deputy Micheál Martin asked the Minister for Justice and Equality the actions she is taking to ensure that extreme right-wing views on immigrants from Syria and other countries being branded as terrorists are tackled; and if she will make a statement on the matter. [41152/15]
View answerAs the Deputy is aware, the recent terrorist attacks in Paris and elsewhere have given rise to considerable and understandable concerns both in Ireland and across Europe. It is fortunate that in Ireland there appears to be little tolerance for the open expression of extremist views directed against individuals and minority groups. It is recognised that certain media, and in particular, social media, do provide a platform for the expression of views which can sometimes be characterised as intemperate or immoderate at best and at times, verging on the openly racist. However, this is a phenomenon that is certainly not limited to the area of concern raised by the Deputy.
It is widely recognised that it is very difficult to combat or address such viewpoints without engaging civil society in a broader discourse centred around the values of pluralism, civility and tolerance; qualities which in my view find abundant expression in our civil and political discourse. Unfortunately, there are those in every society who use tragedies such as the Paris attacks to denigrate those who are perceived as “different” or in some way perceived as “separate”. Fortunately, the overwhelming majority of people in our society actively oppose the expression of such extremist viewpoints. In addition, it is a feature of Irish political life that no political party espouses extreme right-wing views on immigrants which I take to indicate that there is little support amongst the public for such extreme opinions.
As part of the recent Government decision establishing the Irish Refugee Protection Programme, the Government asked for a Communications Strategy and Implementation Plan to be developed, bearing in mind the issues which might arise during the course of the Programme’s implementation. This matter will be considered at the next meeting of the Taskforce which the Government established to oversee the Programme. Without seeking to pre-empt what the Communications Strategy and associated Plan might propose, I anticipate that it will address the area of concern raised by the Deputy by ensuring the provision and widespread communication of accurate information thereby decreasing the opportunity for misinformation being used to peddle alarmist and extremist viewpoints.
311. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if any embassies made requests to An Garda Síochána for additional security over recent times; and if those requests were adhered to. [42319/15]
View answerThe Deputy will understand that it is not the practice for sound reasons of security to comment on the security or security arrangements of individual diplomatic missions in the State. I can inform the Deputy, however, that An Garda Síochána liaises on an ongoing basis with diplomatic missions.
312. Deputy Bobby Aylward asked the Minister for Justice and Equality the number of Garda Síochána compensation claims that are under assessment within her Department, from gardaí either previously or currently stationed or residing in County Kilkenny; and if she will make a statement on the matter. [42321/15]
View answer313. Deputy Bobby Aylward asked the Minister for Justice and Equality the number of Garda Síochána compensation claims that are under assessment within her Department from gardaí either previously or currently stationed or residing in County Carlow; and if she will make a statement on the matter. [42322/15]
View answer314. Deputy Bobby Aylward asked the Minister for Justice and Equality the number of Garda Síochána compensation claims that are currently under assessment within her Department from gardaí either previously or presently stationed or residing in the province of Leinster, by county; and if she will make a statement on the matter. [42323/15]
View answerI propose to take Questions Nos. 312 to 314, inclusive, together.
The Garda Compensation Acts 1941 and 1945 provide for compensation for malicious injury or death inflicted upon members of An Garda Siochana, while they are on duty or related to their service as such members.
Unfortunately, it is not possible to provide the Deputy with the breakdown of claims as requested above. Records are not maintained in a manner that facilitates a breakdown by the county in which each application was received and such information could only be obtained by the expenditure of a disproportionate amount of staff time and resources.
My Department is currently reviewing the Garda compensation caseload with the intention to reduce the processing time involved in assessing cases and to collate and publish statistics relating to the compensation process on the Department's website.
315. Deputy Joe Costello asked the Minister for Justice and Equality why a person (details supplied) in Dublin 1 has been refused access to the third-level graduate scheme despite having a 12-month work experience offer from a company; and if she will make a statement on the matter. [42390/15]
View answerAn enhanced post study pathway for graduates has been available to non-EEA Students since October 2010 under which students graduating with an Irish accredited honours bachelor degree or higher can avail of a 12 month Graduate Scheme permission. This operates as an extension to their student permission and the holder can work full time during that period. Full details are published in the document entitled "Guidelines for Degree Programme Students" published on www.inis.gov.ie. Students who meet the above requirement and who are still within the 7 year overall limit for students in Ireland may avail of the Third Level Graduate Scheme starting on the date upon which they receive their exam results.
In the present case I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the student had already exceeded the 7 year limit and therefore was considered as an exception. The application was received on 3 July 2015 and, as an exceptional measure, an extension of her student permission was authorised on 25 November 2015. Correspondence has issued to the person in question granting her permission up to 27 November 2016.
316. Deputy Robert Troy asked the Minister for Justice and Equality her plans regarding illegal taxis (details supplied) operating in towns. [42453/15]
View answerThe regulation of the Small Public Service Vehicles (SPSV) industry, which includes taxis, is a matter for the National Transport Authority (NTA) under the remit of my colleague, the Minister for Transport, Tourism and Sport.
I am informed by the Garda authorities that specific initiatives targeting the SPSV industry, including checking PSV licences and other matters relating to the enforcement of road traffic and road transport legislation/regulations in respect of drivers and vehicles, are conducted by An Garda Síochána in conjunction with enforcement officers from the Office of the Commission for Taxi Regulation.
I am further informed by the Garda authorities that as part on ongoing policy enforcement, a series of national taxi operations are scheduled throughout the year in conjunction with other agencies at both local and national level. An Garda Síochána also carries out planned mufti-agency checkpoints with other agencies such as the Road Safety Authority, Taxi Regulator, Customs and Excise, Revenue Commissioners and Social Welfare.
317. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which support services exist to rehabilitate, educate and upskill first-time juvenile offenders, with specific reference to the need to ensure they are not influenced by recidivists; and if she will make a statement on the matter. [35494/15]
View answerStatutory provision in relation to young offenders is set out in the Children Act 2001 (as amended). Accordingly, where a young person under the age of 18 comes into conflict with the law, the principles of the Act apply.
A key principle in the Children Act relating to young offenders is that detention should be a last resort. In support of this principle, the legislation facilitates the incremental application of a series of measures, ranging from diversion in the first instance through community based sanctions, to detention.
The first main filter in the youth justice system is the Garda Diversion Programme, involving at different stages and depending on the seriousness of the offence, the informal caution (without supervision) and the formal caution (with supervision), including possible involvement with a Garda Youth Diversion Project (GYDP).
The second main filter is the range of non-custodial sanctions available to the courts including court orders for dismissal; conditional discharge; the payment of fines or costs; compensation and the binding over of parents, and orders imposing a community sanction involving a suite of Probation Service supervised sanctions. In supervising community sanctions, the Probation Service utilises a number of community based organisations with dedicated resources to work with young offenders.
Finally and as a last resort, detention may be used.
The operation of the above statutory framework is substantially supported by the significant investment by my Department in community based programmes which are directed at diverting young people from further involvement in criminal or anti-social behaviour. These youth justice community programmes proceed on the basis of evidence that diversion programmes in the form of high quality preventative intervention can do more to reduce crime than more costly custodial sanctions.
In 2015, just under €17 million was allocated to Irish Youth Justice Service Community Programmes to administer Garda Youth Diversion Projects (GYDPs), Young Persons Probation Projects (YPPs) and a number of other youth diversion community-based projects. These programmes are managed in partnership with An Garda Síochána in the case of the GYDPs and the Probation Service in the case of YPPs.
From 2015, all GYDPs and four of the YPPs are being co-funded under the European Social Fund Programme for Employability, Inclusion and Learning 2014-2020. They are being funded as a social inclusion measure to increase the education and employment opportunities available to young people and to divert them from any further involvement with the criminal justice system.
318. Deputy Peter Mathews asked the Minister for Justice and Equality when the Civil Debt (Procedures) Bill 2015 will come into effect; and if she will make a statement on the matter. [42464/15]
View answerThe Civil Debt (Procedures) Act 2015 is to be commenced in two phases. The provisions which relate to the abolition of imprisonment of debtors will be commenced once the required amendments can be made to the relevant Rules of Court, which I anticipate will be made early in 2016. The remaining provisions, concerning attachment of earnings and deductions from social welfare payments, will be commenced on completion of the necessary preparations by the Courts Service and the Department of Social Protection. While I am not in a position to give the Deputy a definitive timescale, I am committed to making the necessary Commencement Orders as quickly as possible.
319. Deputy John McGuinness asked the Minister for Justice and Equality if a decision on a person (details supplied) in County Kilkenny regarding a deportation order will be revoked; and if she will make a statement on the matter. [42473/15]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 8 March 2011.
However, if new information or circumstances have come to light, which has a direct bearing on their case, and which have arisen since the original Deportation Order was made, there remains the option of a request that I use my discretion, pursuant to Section 3(11) of the Immigration Act, 1999 (as amended) to revoke the Deportation Order. However I wish to make clear that such a request would require substantial grounds to be successful. In the meantime, the Deportation Order remains valid and in place. The enforcement of the Deportation Order remains a matter for the Garda National Immigration Bureau.
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.
320. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of a pay increase for members of An Garda Síochána (details supplied) due in 2017; and if she will make a statement on the matter. [42535/15]
View answerMy colleague the Minister for Public Expenditure and Reform, yesterday signed the order to commence the provisions of the Financial Emergency Measures in the Public Interest Act 2015. The Act gives effect to the provisions of the Lansdowne Road Agreement and starts the process of the phased restoration of remuneration to public servants in accordance with the terms of that Agreement.
I have sought clarification in relation to the information requested by the Deputy from the Minister for Public Expenditure and Reform and I will respond directly to the Deputy on receipt of a reply.
Pensions and gratuities paid on retirement are based on factors which may vary from person to person, including length of service and their date of commencement of pensionable employment, and in these circumstances it is advised that individuals seek their own advice.
321. Deputy Clare Daly asked the Minister for Justice and Equality the consultations she has had with the Department of Defence regarding the potential threats to domestic security that could be posed in the event of an Irish troop contingent being sent to Mali. [42546/15]
View answerAs I have stated to the House previously, Ireland, in common with other democratic states, cannot consider that it is immune from the threat from international terrorism. The current assessment is that while an attack here is possible, it is unlikely and there is no specific information that an attack here is planned. The level of threat from this source is kept under constant review by An Garda Síochána and the Garda Authorities have reference to all relevant information, including international developments, in carrying out their assessments. I discuss security matters on an ongoing basis with Minister Coveney and, as the Deputy will no doubt be aware, there is ongoing and close liaison at a senior level between our two Departments and between An Garda Síochána and the Defence Forces regarding security matters.
322. Deputy Clare Daly asked the Minister for Justice and Equality the outcome of discussions at the Justice and Home Affairs Council of the European Council on 20 November 2015, with regard to the retention of passenger name records and increased border security; if she has concerns regarding the privacy implications of recent proposals around border security and the retention of passenger data; and if she will make a statement on the matter. [42547/15]
View answerAt the Justice and Home Affairs Council on 20 November 2015, the Council reiterated its view on the urgency and the priority in finalising agreement on the proposal for an EU Passenger Named Records (PNR) Directive before the end of 2015. In particular, the Council emphasised that the Directive should include internal EU flights in its scope, provide for a sufficiently long period during which the PNR data can be retained in non-masked-out form and that the Directive should not be limited only to crimes of a transnational nature.
I am satisfied that the Council’s general approach on the PNR proposal, which was established in April 2012 and supported by Ireland, contains a robust set of bespoke safeguards for privacy and data protection in the context of a proportionate framework for providing law enforcement access to PNR data to support the fight against terrorism and serious crime.
323. Deputy John McGuinness asked the Minister for Justice and Equality her views on correspondence (details supplied); and if she will make a statement on the matter. [42627/15]
View answerI can advise the Deputy that my Department has been in correspondence with the person concerned.
The position of my Department has been extensively outlined in this correspondence and the person concerned has been informed that no further action can be taken in this case.
However if the person concerned wishes to submit additional, pertinent information, which they have not previously supplied, then my Department will examine this further.
324. Deputy Finian McGrath asked the Minister for Justice and Equality further to Parliamentary Question Number 598 of 3 November 2015 her views on correspondence in relation to same; and if she will make a statement on the matter. [42633/15]
View answerThe Deputy is referring to a Parliamentary Question asked in relation to a person whose complaint has been considered by the Independent Review Mechanism.
I have explained on numerous occasions that the process of the Independent Review was not a Commission of Inquiry or Investigation designed to make findings. The purpose of the review was to triage the complaints to establish whether there was any action which I could take to further resolution of that complaint.
Recommendations by counsel were based on a review of the papers, and did not involve interviews or interaction with complainants or any other form of investigation, although counsel could where necessary recommend that I seek further information from persons or bodies. The Panel was independent and therefore no restriction was placed on the nature of recommendations which they might make.
The position with regard to the conflict of interest highlighted in the attached correspondence has been explained to the person from whom the Deputy has received this correspondence, to their solicitor and to this House in reply to a number of Parliamentary Questions raising the matter. To reiterate, arrangements were put in place to ensure that if there is any conflict, or potential conflict, the conflicted counsel not only will not be involved in the particular complaint, but also will not be aware of which counsel was reviewing it.
As regards the reference in the correspondence to the complaint against the Office of the Director of Public Prosecutions, my position in this regard is as stated in the Parliamentary Question to which the Deputy refers, the DPP is independent and I, as Minister, have no legal role in relation to its function.
The Panel has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. The issuing of notification letters to complainants commenced on 29 June. To date, 298 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants, including the case referred to by the Deputy, until the process is completed.
