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Tuesday, 19 Jan 2016

Written Answers Nos. 280-290

Garda Youth Diversion Projects

Questions (280)

Seán Kenny

Question:

280. Deputy Seán Kenny asked the Minister for Justice and Equality if she is considering the development of a Garda Síochána youth diversion project for the Baldoyle, Howth and Sutton areas of Dublin 13. [1977/16]

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Written answers

The Garda Youth Diversion Programme operates nationally in accordance with Part 4 of the Children Act 2001, as amended, and under the general superintendence and control of the Garda Commissioner. The aim of the Diversion Programme, through the network of Juvenile Liaison Officers is to deal with young people who offend, by way of administering a formal or informal caution, thus diverting the young offender away from the Courts and minimising the likelihood of further offending. The programme embraces, whenever possible, the principles of restorative justice and, at all times, pays the highest regard to the needs of the victims. The programme has proven to be highly successful in diverting young people away from crime by offering guidance and support to them and their families.

Garda Youth Diversion Projects support An Garda Síochána and Garda Juvenile Liaison Officers in particular, in the implementation of the Diversion Programme. The projects primarily seek to divert young people involved in anti-social/criminal behaviour by providing suitable activities to facilitate personal development, promote civic responsibility and improve long-term employability prospects. The projects may also work with young people who are significantly at risk of becoming involved in anti-social and criminal behaviour. By doing so, the projects contribute to improving the quality of life within communities and enhancing Garda/Community relationships. My Department has responsibility for the Community Programmes Unit of the Irish Youth Justice Service (IYJS) which manages the Garda Youth Diversion Project (GYDP) network nationwide.

During 2014 and 2015, the locations of all Garda Youth Diversion Projects were reviewed in the context of the allocation of additional funding under the Dormant Accounts Action Plan. As a result, significant additional support has been allocated to the Garda Youth Diversion Programme in the Garda Dublin Metropolitan Region Northern Division including the establishment of three new GYDPs in Balbriggan, Donnycarney/Fairview/Clontarf and Kilbarrack/Killester/Raheny. In addition, the existing projects in Ballymun and Coolock were allocated funding to support the recruitment of an additional youth justice worker in each project. Should young people in the area referred to by the Deputy come to the attention of local gardaí, local Garda Management, in conjunction with the National Garda Youth Diversion Office and the Community Programmes Unit of my Department, may work with district GYDP Project Committees to include access to these services, as resources allow.

I was pleased to announce earlier this month that seven new Garda Youth Diversion Projects, including the three that I have already mentioned above, are to commence operations this year. The other new projects are located in Athy, Co. Kildare, Naas, Co. Kildare, Nenagh, Co. Tipperary and Rathkeale, Co. Limerick.

Question No. 281 answered with Question No. 272.

Immigration Status

Questions (282)

Jim Daly

Question:

282. Deputy Jim Daly asked the Minister for Justice and Equality the options available to a person (details supplied) in County Cork to obtain residency status; and if she will make a statement on the matter. [2045/16]

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Written answers

The Irish Nationality and Citizenship Regulations 2011 (S.I. 569 of 2011) sets out the fees to be paid by an applicant for a certificate of naturalisation. An application fee of €175 is payable on application for a certificate of naturalisation and a certification fee is payable by applicants on the issue of a certificate of naturalisation. The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of refugees and stateless persons the certification fee is nil.

The standard fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for a certificate of naturalisation.

The Deputy will be aware that formal citizenship ceremonies have been introduced at no extra cost to applicants. These have been universally well received by participants as the ceremonies provide a sense of dignity and occasion that serves to underscore the importance to both the State and the applicant of the granting of Irish citizenship.

Once granted citizenship new citizens acquire the same rights as all other citizens. A leaflet informing new citizens of their right to register and vote in all elections in the State, and how they can register, is included in the information packs issued to all candidates at citizenship ceremonies.

All of the fees payable under the Irish Nationality and Citizenship Act 1956 are kept under ongoing review by my Department. However, there are no plans to reduce or abolish these fees.

Services for People with Disabilities

Questions (283)

Clare Daly

Question:

283. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 328 of 1 December 2015, if she will provide sign language interpreters to deaf persons for a certain number of hours each year free of charge, as put forward in the Recognition of Irish Sign Language for the Deaf Community Bill 2013, as one of the mechanisms for the promotion, recognition and use of Irish Sign Language, thereby improving service delivery on the ground. [2107/16]

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Written answers

As I indicated in my previous reply, the Programme for Government includes a commitment to "examine different mechanisms to promote the recognition of Irish sign language" and in this regard the National Disability Authority (NDA) facilitated consultations with the Deaf Community in Ireland in 2012 at the Department's request in relation to actions that could make improvements in the lives of deaf people and submissions received from them were considered for inclusion where possible and appropriate in the National Disability Strategy Implementation Plan (NDSIP) which was published in July 2013.

As part of the follow-up to that initiative, the first special themed meeting of the National Disability Strategy Implementation Group (NDSIG) focussed on the issue of Irish Sign Language on 28 November 2013. This meeting brought together representatives of relevant Departments, the NDA, the Deaf Community and other relevant stakeholders with a view to further progressing the implementation of the NDSIP in this regard.

The meeting reviewed the current situation across Government Departments and their Agencies with regard to promoting recognition of Irish Sign Language including in-service provision and provided the Deaf Community with the opportunity of presenting their experience of interaction with the Public Sector. It also provided a useful opportunity to examine mechanisms which could promote the further use and recognition of Irish Sign Language and understand practical implications for service users. Further to this meeting, the Deaf Community prepared a report to reflect their views on key actions and priorities. The intention is that the recommendations from this report will be reflected in the new National Disability Inclusion Strategy, through the incorporation of new actions and related performance indicators and timelines as appropriate. Progress on all relevant actions will then be monitored as part of the Inclusion Strategy's monitoring process. I should point out that my Department's role is that of policy coordination and that I have no role in relation to the funding of services or funding of access to services. The focus is on the identification of mechanisms for the further promotion and recognition of Irish Sign Language with a view to promoting and supporting its use, thereby improving service delivery on the ground, rather than on the introduction of legislation or its designation as an official language.

It should be noted that the existing supports for use of Irish Sign Language in Ireland give a level of recognition and practical measures equal to, or above that, in countries which have formally recognised sign language.

Visa Applications

Questions (284)

Joe Costello

Question:

284. Deputy Joe Costello asked the Minister for Justice and Equality if she will ensure that when applying for a visa, a non-European Economic Area national who is the spouse of an Irish citizen is not treated less favourably than a spouse of an European Union citizen who is from a third country; and if she will make a statement on the matter. [2110/16]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that applications for visas in cases mentioned by the Deputy are made either in accordance with the provisions of S.I. No. 656 of 2006 European Communities (Free Movement of Persons) (No. 2) Regulations 2006 as amended, or in accordance with the Policy Document on Non-EEA Family Reunification. The law in relation to EU citizens is governed by the EU Free Movement Directive. In relation to Irish citizens cases are decided in accordance with the Policy Document as outlined above. The Policy Document is kept under review and is updated on a periodic basis. Further information can be found on the INIS website at www.inis.gov.ie/visas.

The Deputy may wish to note that 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.

International Agreements

Questions (285)

Ruth Coppinger

Question:

285. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she will ratify the United Nations Convention on the Rights of Persons with Disabilities; and if she will make a statement on the matter. [2122/16]

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Written answers

The Government has given a firm commitment to ratify the Convention on the Rights of Persons with Disabilities and intends to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met.

Ireland signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2007 and is one of three EU member states yet to ratify. As the Deputy will be aware, Ireland is a dualist State, Article 29.6 of the Constitution providing that international agreements have the force of law to the extent determined by the Oireachtas. It is essential therefore that the State is in a position to meet the obligations it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland.

On 21 October 2015, Minister Fitzgerald and I published a roadmap to Ireland’s ratification of the CRPD, which outlines legislative changes to be undertaken to enable Ireland to ratify the Convention, along with the estimated timeframe involved. We also approved the drafting of an omnibus bill to progress miscellaneous legislative amendments necessary to proceed to ratification, the Equality/Disability (Miscellaneous Provisions) Bill, the General Scheme of which will be published shortly, with enactment by the end of 2016.

The Roadmap to Ratification is available on my Department’s website. It sets out the considerable work currently underway to deal with outstanding barriers to Ireland’s ratification, including mental health legislation, the law governing the administration of electro-convulsive therapy (ECT), amendments to the criminal law, and the removal of archaic and offensive references in legislation across Government Departments to persons being “of unsound mind”. Other hurdles include the resolution of the constitutional issue concerning reasonable accommodation, and ensuring that the Convention’s requirements are met in relation to deprivation of liberty. These, along with any outstanding miscellaneous legislative amendments, will be resolved in the Equality/Disability (Miscellaneous Provisions) Bill.

Garda Misconduct Allegations

Questions (286, 287, 288)

Thomas Pringle

Question:

286. Deputy Thomas Pringle asked the Minister for Justice and Equality why the then Garda Commissioner did not disclose in Febuary 2002 that he designated the death of a person (details supplied) as a hit-and-run road traffic accident and gave directions that names of persons (details supplied) were not to be attributed to this death; and if she will make a statement on the matter. [2137/16]

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Thomas Pringle

Question:

287. Deputy Thomas Pringle asked the Minister for Justice and Equality if the Morris tribunal, which commenced on 28 March 2002, had been informed by her Department or the Garda Commissioner of the redesignation of the death of a person (details supplied) in February 2002 and the fact that the person's death was no longer considered as a murder; and if she will make a statement on the matter. [2138/16]

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Thomas Pringle

Question:

288. Deputy Thomas Pringle asked the Minister for Justice and Equality why in September 2002 the then Garda Commissioner did not make the inquest into the death of a person (details supplied) aware of the redesignation of that person's death; and if she will make a statement on the matter. [2139/16]

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Written answers

I propose to take Questions Nos. 286 to 288, inclusive, together.

As the Deputy will be aware, the circumstances surrounding the death in question and related matters were examined in detail by a Tribunal of Inquiry over a number of years and the reports of Mr. Justice Morris are a matter of public record. Matters of disclosure were a matter for the Tribunal and I do not consider there are any grounds open to me for a re-examination of the matters in question.

Private Security Authority Administration

Questions (289)

Ruth Coppinger

Question:

289. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she is in favour of the payment of Private Security Authority licences by instalment, given the low pay of many workers in security; and if she will make a statement on the matter. [2168/16]

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Written answers

The Private Security Authority (PSA) is the regulatory body with responsibility for regulating and licensing the private security industry in the State. The PSA is an independent body under the aegis of my Department and the setting of the Authority's fees is a matter for which the PSA has statutory responsibility.

The PSA issues both contractor and individual (employee) licences. In December 2015, having considered the licence fee structure for individual licences, the PSA replaced the previous 2 year individual licence with a new 3 year licence. This new licence was introduced following a review of licensing charges with a view to reducing the overall cost of licensing for employees. As a result of this change the annual cost of a licence has been reduced for all such licence holders by an average of 25%.

The Authority had advised me that the new 3 year licence for a Security Guard costs €90 while a licence for a Door Supervisor or individual working in the Cash-in-Transit sector costs €150. Where an individual applies for licences in 2 sectors at the same time they received a discount of €20 in the fee payable.

The PSA has previously looked at introducing an instalment payment scheme for individual licensing. However, the cost of administering any such scheme would have to be included in the licence fee and the PSA feels that such an imposition on licence holders is not warranted particularly in light of the relatively small cost of the licence.

Alcohol Sales Legislation

Questions (290)

Ciara Conway

Question:

290. Deputy Ciara M. Conway asked the Minister for Justice and Equality her plans to allow alcohol to be sold on Good Friday; if the sale of alcohol Bill contains measures regarding Good Friday licensing laws; if this Bill will be published before this term of Dáil Éireann ends; and if she will make a statement on the matter. [2180/16]

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Written answers

I had intended that the statutory provisions relating to the sale of alcohol on Good Friday, which have historical origins, would be examined in the context of the forthcoming Sale of Alcohol Bill which will update the law relating to the sale, supply and consumption of alcohol in licensed premises by repealing the Licensing Acts 1833 to 2011, and the Registration of Clubs Acts 1904 to 2008, and replacing them with streamlined and updated provisions. However drafting of that complex Bill has been delayed and I have therefore asked my Department to examine whether it may be possible to proceed with a number of pressing reforms to the Licensing Acts in a future separate Bill. However examination of this matter is still at an early stage and no timeframe for a decision is yet available.

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