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Thursday, 28 Jan 2016

Written Answers Nos. 177-192

Defence Forces Records

Questions (177)

Niall Collins

Question:

177. Deputy Niall Collins asked the Minister for Defence the date and duration, the number of persons recruited, by gender, the number with a second level qualification only, the number with a third-level qualification, the number of recruits related to serving or former members of the Defence Forces, and the details of this for each of the past five recruitment campaigns for the Defence Forces, in tabular form; and if he will make a statement on the matter. [3659/16]

View answer

Written answers

It is not possible to provide the information requested by the Deputy in the time available. My Department is currently in the process of compiling as much of the information as is reasonably accessible from the personnel systems in the Defence Forces. Some of the information requested is not available from the personnel system and would require an examination of individual files which is not feasible given the extensive resources which would be required to compile the information. I will provide such information as is reasonably accessible directly to the Deputy as soon as possible.

Consultancy Contracts Data

Questions (178)

Lucinda Creighton

Question:

178. Deputy Lucinda Creighton asked the Minister for Defence the name, costs, date of commission, date or expected date of publication and name of the external consultant of all external reports commissioned by his Department since March 2011. [3764/16]

View answer

Written answers

The information requested by the Deputy in relation to external consultant reports commissioned by my Department since March 2011 is set out in the table below.

Report

Cost

Company

Commission Date

Publication Date

An independent review of United Nations Interim Force in Lebanon (UNIFIL) fatalities in 1989

€51,660

Mr. Frank Callanan, S.C.

19 April 2011

19 September 2011

Review of the Air Corps’ Safety Management System

€20,000

Jacques Michaud

August 2013

14 November 2013

Third Report of the Independent Monitoring Group (IMG)

€22,500

Dr. Eileen Doyle

September 2013

3 September 2014

Consultancy report to access the impact of an upgrade of Departments financial application software

€24,870.60

Fujitsu Ltd

25 November 2014

30 January 2015

Review of the civil Defence Branch

€7,200

Mr. Jim Blighe

25 March 2015

N/A

Independent Review of the investigation of the death of Pte Hugh Doherty and the disappearance of Pte Kevin Joyce (Caomhán Seoighe) on 27 April 1981 while serving with IRISHBATT in the United Nations Interim Force in the Lebanon (UNIFIL)

Review ongoing

Mr. Roderick Murphy

6 January 2015

Review ongoing.

Publication due early2016.

Public Inquiries

Questions (179)

Lucinda Creighton

Question:

179. Deputy Lucinda Creighton asked the Minister for Defence the number of tribunals of inquiry, commissions of inquiry or investigations for which he or his Department have been responsible by name; by terms of reference; by cost including the cost to date where an inquiry has not been concluded; by date including the projected date of conclusion where an inquiry has not been concluded from 1991 to date, in tabular form; and if he will make a statement on the matter. [3779/16]

View answer

Written answers

My Department has not established or operated any Tribunal of Inquiry or Commission of Inquiry or investigations in the period since 1991. The Department has, when requested, responded to requests from a number of external investigations including the Commission of Inquiry into the Dublin and Monaghan Bombings, the Smithwick Inquiry and from the Garda Síochána. A number of internal investigations have been carried out during that period in relation to matters pertaining to the Defence Forces including Courts of Inquiry arising from accidents/incidents involving members of the Defence Forces.

Ministerial Allowances

Questions (180)

Michael McGrath

Question:

180. Deputy Michael McGrath asked the Minister for Defence the expenses claimed, including the amount of mileage and the amount claimed, by him and Ministers of State of his Department, by calendar year, during the current Dáil Éireann, in tabular form. [3807/16]

View answer

Written answers

The table below sets out the expenses, other than mileage, claimed by Mr. Alan Shatter T.D., during his time as Minister for Defence from March 2011 to July 2014 and those that I have claimed in the period in my capacity as Minister for Defence since I was appointed to the role in July 2014. The table also sets out the expenses, again other than mileage, claimed by Mr. Paul Kehoe T.D., Minister of State at the Department of Defence, in that capacity in the period since March 2011.

2011

2012

2013

2014

2015

2016

Former Minister Alan Shatter, T.D.

€100

€214.80

€162

Nil

Nil

-

Minister Simon Coveney, T.D.

Nil

Nil

Nil

Nil

€1,036.37

Nil

Minister of State Paul Kehoe, T.D.

€69

€172.50

€104.95

€807.85

Nil

Nil

As Deputy Shatter also served as Minister for Justice and Equality during his period as Minister for Defence all costs associated with his transportation were met from the Vote of An Garda Síochána.

All mileage costs which I incur in my capacity as a Minister are currently paid from the Vote of the Department of Agriculture, Food and the Marine.

Mileage expenses incurred by Minister of State Kehoe are paid from the Vote of the Department of the Taoiseach.

Departmental Expenditure

Questions (181)

Michael McGrath

Question:

181. Deputy Michael McGrath asked the Minister for Defence the amount he spent on media clipping and media monitoring services in each calendar year from 2011 to 2015; and if he will make a statement on the matter. [3822/16]

View answer

Written answers

The amount spent on media clipping and media monitoring services for the Department of Defence and the Defence Forces in each calendar year from 2011 to 2015 is outlined in the following table:

YEAR

AMOUNT

2011

€47,451.72

2012

€36,706.33

2013

€28,765.40

2014

€29,050.14

2015

€28,896.39

The media clipping and monitoring service is used to provide timely awareness for my officials on a broad range of matters raised through media channels.

Schengen Agreement

Questions (182)

Thomas P. Broughan

Question:

182. Deputy Thomas P. Broughan asked the Minister for Justice and Equality her views on the status of the Dublin Protocol and the Schengen Agreement; and if she will make a statement on the matter. [3853/16]

View answer

Written answers

I understand the Deputy is referring to Regulation (EU) No 604/2013 which establishes the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States and which is commonly referred to as the Dublin III Regulation.

I consider a well functioning Dublin System to be essential to the efficient and effective functioning of a Common European Asylum System and to addressing the phenomenon of 'asylum shopping' whereby applicants for international protection transit to other, more attractive States rather than remaining in the first safe State that they reach. I look forward to receiving the results of the European Commission's review of the Dublin Regulation in March which will assist us in planning how we wish to move forward in relation to a possible revision of the Dublin Regulation.

In response to the migration crisis and the escalating security situation, there has been an increased focus at European Level in recent months on integrated border management and the reinforcement of Schengen's external borders. This has followed the reintroduction of internal border controls by a number of Schengen Member States facing unprecedented migratory pressures. In December 2015, the European Commission presented their third package of measures since May 2015. This latest package has a clear Schengen focus and includes proposals for a European Border and Coast Guard (building on the existing Schengen border agency FRONTEX) and Systematic Checks at Schengen's External Borders.

It is important to stress that in accordance with Council Decision 2002/192/EC that Ireland does not take part in the border related aspects of Schengen. In the circumstances it would be inappropriate for me to comment further on such matters. Ireland is, however, participating in certain police cooperation and information sharing aspects of Schengen and the Government is determined to press ahead with the necessary steps for Ireland to connect with the Schengen Information System (SIS II) and recently announced the allocation of €4 million for this purpose.

Garda Misconduct Allegations

Questions (183)

Pádraig MacLochlainn

Question:

183. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality given the serious allegations concerning misconduct by An Garda Síochána and inadequacies surrounding a case (details supplied), and given the need for the probity and independence of the Independent Review Mechanism, if she will authorise publication of the report prepared in 2007; and if she will make a statement on the matter. [3478/16]

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 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 that purpose.

I wish to stress the independence of this process. The cases have all been considered by independent barristers, all selected, on the basis of their experience of the criminal justice system to form the Panel to conduct this review. Following their reviews of the papers in each complaint, counsel made recommendations to me, as to whether or not further action should be carried out by me, and if so the nature of that action.

Furthermore, I have previously assured Deputies that where further investigation has been recommended by the review then that will occur. However, I have also pointed out that in a large proportion of cases, counsel would be likely to recommend that no further action could reasonably be taken, particularly in cases where the complainant has received due process but remains dissatisfied with the outcome. The crucial point, however, is that every case has been reviewed by independent counsel, who have made an objective recommendation.

I also appointed a retired judge, Mr Justice Roderick Murphy, to advise on the preparation of letters notifying individuals as to the outcome of the review in their particular cases. I was concerned that these letters should not only set out the recommendation of counsel, but also outline as far as possible the reasons for the recommendation, subject to any legal constraints there may be. I made this appointment in order to provide complete reassurance on the probity and independence of this entire process, from start to finish.

I do not see how the publication of the report that the Deputy is referring to, could be seen as having any bearing on the probity and independence of the independent review mechanism. Following the receipt of the report by the then Minister for Justice, Equality and Law Reform, Mr. Brian Lenihan, the legal advisors of the person concerned were given access to the report and, following consultation with them, it was decided not to publish the report. In my view, the circumstances have not altered in the interim and I do not propose to publish the report. I can, however, inform the Deputy that the Panel, in considering this particular case, was provided with a copy of the report.

Immigration Policy

Questions (184)

Fergus O'Dowd

Question:

184. Deputy Fergus O'Dowd asked the Minister for Justice and Equality to respond to issues raised by a person (details supplied) regarding the Irish Naturalisation and Immigration Service regulations; and if she will make a statement on the matter. [3531/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the notification placed on the INIS website www.inis.gov.ie in March of 2015 was aimed at clarifying and standardising the terms and conditions in respect of applications from retired foreign nationals seeking to come and live in Ireland. Prior to that more ad hoc arrangements were applied in this area.

Persons who were granted permission prior to the changes, however, are not affected and their permission can be renewed on the same terms as before provided they continue to comply with the terms of the permission and remain law abiding.

The relevant immigration stamp for retirees has been changed from Stamp 3 to Stamp 0 for new cases an immigration permission which is not intended to be reckonable for naturalisation or long term residence. This is consistent with the permission granted to the elderly dependent relatives of Irish citizens or others already entitled to live here. The key financial consideration in respect of a retiree is that the person must have sufficient and sustainable resources to ensure that they will not now or in the future become a burden on the State. In the case of retirees this was set at an income of €50,000 per person. They were also expected to have a lump sum sufficient to cater for unforeseen circumstances and sufficient otherwise to purchase some form of dwelling.

All States operate immigration controls for well established reasons of public policy, including considerations of an economic nature To this end policies regarding all non-nationals wishing to enter the State are kept under review and revised from time to time. I have in this context asked my officials to review current practices and requirements as applied to retirees wishing to come here. This will have regard to the situation in comparable jurisdictions and in particular the opportunities open to Irish retirees seeking residence overseas. The wider points made in the Deputy's correspondence will be considered as part of that process.

I have also asked the relevant official, to contact the persons in question to discuss the issues in their case.

Departmental Funding

Questions (185)

Fergus O'Dowd

Question:

185. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the funding she allocated and the funding spent on capital projects and other initiatives in the constituencies of Louth and Meath-East, by project and initiative, by completion date and by cost, for the past five years; and if she will make a statement on the matter. [3565/16]

View answer

Written answers

I can inform the Deputy that a contract for a Courts Public-Private Partnership (PPP) Project was signed recently in December 2015 which will see the construction or redevelopment of seven regional Courthouses at a total project cost of around €135 million. This Courts PPP Bundle includes a courthouse to be built in Drogheda.

The intention is that construction will start early in 2016 with a view to completing the new and refurbished buildings within the next 24 months (December 2017). The Drogheda project entails a new courthouse consisting of two courtrooms and associated facilities being constructed on a landmark town centre site adjacent to the river Boyne. I am informed that construction has already begun in Drogheda and the expectation is that it will be the first project to be completed next year.

Other initiatives funded by my Department in Louth and Meath-East over the past 5 years are as follows.

Initiative

2011

2012

2013

2014

2015

Cosc Awareness Raising Scheme relating to domestic, sexual and gender-based violence.

€9,000

€11,000

€7,200

€5,000

€4,000

Cosc allocation for the provision of domestic violence perpetrator programme in North East

€20,000

€18,000

€20,400

€22,682

23,000

Funding under the Victims of Crime Funding Scheme toward support services for victims of crime

€44,300

€42,300

€45,060

€52,500

€52,500

European Fund for the Integration of Third-County Nationals (EIF)

€79,590

€74,697

€66,681

€99,858

€37,091

Equality for Women ESF Measure

€54,040

€40,053

€32,549

Grant Funding to Meath County Council for Promotion of the Integration of Immigrants

€66,995

€6,000

€60,000

€66,000

€32,660

Additionally funds have been allocated to extend a Garda Youth Diversion Project (GYDP) service to the Laytown and Ashbourne areas, via the existing GYDP in Navan. The service commenced in late 2015. The 2016 annual allocation for providing this service is over €100,000.

Direct Provision System

Questions (186)

Robert Troy

Question:

186. Deputy Robert Troy asked the Minister for Justice and Equality if she is aware that asylum seekers living in Direct Provision in Richmond Court in County Longford, are unable to open bank accounts, because they are asked to provide utility bills, that they live in a building that is poorly heated with no recreational rooms, that they are often unable to receive letters or items from post offices, because they have no identification; and if she will make a statement on the matter. [3570/16]

View answer

Written answers

The Reception & Integration Agency (RIA) of my Department is responsible for the provision of accommodation and related services for asylum seekers who avail of those services while their protection application is being processed. On 17/01/2016, there were 4,650 persons accommodated by RIA in accommodation centres located in 17 counties throughout the State.

The contract for the provision of accommodation at Richmond Court (and indeed at all other centres) requires that the contractor will provide an adequate means of heating. I am advised by RIA that it has received no complaints in relation to heating in that centre but if the Deputy has any specific information, RIA will be happy to take it up with the contractor.

The contract also includes a requirement for an internal post delivery/collection system. Any letters or items addressed to an individual in the centre are made available for collection by that person in the centre. If ongoing issues arise in relation to the collection of items at a Post Office, there are arrangements in place for resolving these where this is possible. On the question of bank accounts, I'm not in a position to comment on this except to say that all persons who apply for asylum in the State are issued with a Temporary Residence Card by the Office of the Refugee Applications Commissioner which is not an identity card and are also assigned a Public Services Card by the Department of Social Protection.

Richmond Court has two recreational rooms available for residents. In these rooms the management provides a fussball table, Sky TV with movies and sports channels, board games and books. Each bedroom has its own TV with over one hundred channels. There is a badminton court outside which is popular with residents. There is wifi provided in all public areas and the management plans to provide a small gym at the centre in the near future.

Prisoner Data

Questions (187)

Éamon Ó Cuív

Question:

187. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of life-sentence prisoners released and the number recalled to prison in 2015; the average length of time, life-sentence prisoners served prior to release in 2015; the reason for revoking temporary release, by case; the number of life-sentence prisoners in custody and the number on release in the community at the end of 2015; and if she will make a statement on the matter. [3573/16]

View answer

Written answers

I can inform the Deputy that a total of 6 life sentenced prisoners were released into the community in 2015. The average length of sentence served in custody by these six prisoners prior to release was approximately 17 and a half years. No life sentenced prisoner was recalled to prison in 2015.

Life sentenced prisoners who are released into the community continue to serve their sentences and are subject to a number of stringent conditions. While in the community, a life sentenced prisoner will be on reviewable temporary release under the supervision of the Probation Service. Reviewable temporary release is where a prisoner is granted a specific period of temporary release from prison. This can be at varying intervals, for example, weekly, monthly or annually. The period of release is reviewed when the prisoner reports to prison and a decision is made whether to refuse or grant a further period of reviewable temporary release.

The Probation Service provide progress reports to the Irish Prison Service outlining resettlement and reintegration progress and will report on any risk management concerns a life sentenced prisoner may present. Where it is reported to the Irish Prison Service that the prisoner in the community is failing to abide by the conditions of their release, that person may be refused a further period of temporary release and be taken back into custody.

An Garda Síochána may return a prisoner to prison where they are of the view that the prisoner is in breach of their temporary release conditions. When this happens, the Governor will conduct an oral hearing. If the Governor is satisfied, taking into account evidence presented and comments made, that a breach of temporary release conditions has occurred the prisoner should be notified accordingly. The reviewable temporary release is then revoked and the prisoner is taken back into custody.

On 31 December 2015 there were 331 prisoners in custody serving life sentences. There were a further 80 prisoners serving life sentences in the community on reviewable temporary release under the supervision of the Probation Service.

Citizenship Applications

Questions (188)

Bernard Durkan

Question:

188. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for Citizenship by a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [3639/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing and the case will be submitted to me for decision as expeditiously as possible.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

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.

Residency Permits

Questions (189)

Bernard Durkan

Question:

189. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected Residency Status of a person (details supplied) in Dublin 22 and the person's family; and if she will make a statement on the matter. [3641/16]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons referred to are the subject of Deportation Orders and therefore have no entitlement to residency in the State.

Representations were received from the persons concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Orders. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Orders. In the mean-time, the Deportation Orders remain valid and in place.

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.

Garda Station Closures

Questions (190)

Róisín Shortall

Question:

190. Deputy Róisín Shortall asked the Minister for Justice and Equality her plans for the Garda Síochána station in Santry in County Dublin including any plans to further change its status; if a further change in status will affect the ability of An Garda Síochána to effectively police Santry and Whitehall given the previous cut to the station in 2013 and the closure of the Whitehall station; and if she will make a statement on the matter. [3695/16]

View answer

Written answers

I am advised by the Commissioner that the Garda Station in Santry is a fully functional station which is in use and there are no plans to alter its status.

The formulation of proposals in relation to the opening and closing of Garda Stations is a matter, in the first instance, for the Garda Commissioner in conjunction with the newly established Policing Authority, in the context of annual policing plans, as provided for in section 20 of the Garda Síochána Act 2005, as amended.

The Garda District and Station Rationalisation Programme implemented in An Garda Síochána during 2012 and 2013 resulted in the closure of 39 Garda stations in 2012 and 100 Garda stations in 2013. The Garda Station in Whitehall was closed in 2012 and in accordance with the Rationalisation Programme, was returned to the control of the Office of Public Works (OPW). The use of such returned properties is, accordingly, a matter for the OPW which agreed to make the former station available for the relocation of the Office of the State Pathologist and the Dublin City Mortuary, and to carry out the necessary refurbishment work.

The primary objective of the Programme was to identify opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within An Garda Síochána.

The Programme was based on a review of the Garda Station Network by Garda management which concluded in relation to certain stations, many of which were only open part-time and manned by a single Garda, that resources could be better deployed and more effectively used on the front line if those stations no longer had to be staffed and maintained. In reaching these conclusions, Garda management reviewed all aspects of the Garda Síochána policing model, including the deployment of personnel, the utilisation of modern technologies and the overall operation of Garda stations. The Programme supports the provision of a modern 21st century policing service for both urban and rural areas and allows front line Gardaí to be managed and deployed with greater mobility, greater flexibility, and in a more focused fashion, particularly with regard to various targeted police operations. As a result of the Programme, communities have benefitted from increased Garda visibility and increased patrolling hours which has enabled An Garda Síochána to deliver an improved policing service to the public.

It is understood from discussions with the Garda Commissioner that the current consolidation process is largely completed. There are no proposals to either re-open or close any Garda stations in the Policing Plan for 2016.

The Garda Station Building and Refurbishment Programme 2016-2021, which I announced in late October with my colleague: the Minister of State at the OPW; is based on agreed priorities which are established by An Garda Síochána. Over thirty locations around the country will benefit from the Programme which includes major refurbishment of stations/facilities including facilities for meeting victims of crime; essential remedial works to existing stations; development of large scale property and exhibit management stores and the upgrade of cells and provision of improved custody management facilities. The Programme will be delivered by the Garda Authorities in cooperation with the OPW which has responsibility for capital expenditure in this area.

In this context, the Building and Refurbishment Programme includes the provision of a Property Exhibit Management Store at the Santry Garda Station complex.

Crime Data

Questions (191)

Niall Collins

Question:

191. Deputy Niall Collins asked the Minister for Justice and Equality given her recent public comments on the matter, the number of recorded burglary offences, by Garda Síochána division, during the last quarter of 2015 in tabular form. [3728/16]

View answer

Written answers

I might clarify that the figures for trends in burglary crime to which I referred recently, including in response to Parliamentary Question No. 8 of yesterday's date, were provided to me on a provisional basis by the Garda authorities, in the context of an overall update on the progress being made under Operation Thor.

As the Deputy is aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics. I am advised that the full Divisional breakdown of recorded crime, including burglary offences, for the last quarter of 2015 will be published in due course in the next CSO quarterly crime statistics release.

Residency Permits

Questions (192)

Bernard Durkan

Question:

192. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status and eligibility for naturalisation of a person (details supplied) in Dublin 7; if she will urgently examine the case; and if she will make a statement on the matter. [3734/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, the person concerned has not made contact with INIS and that the last contact was during 2012. However, INIS will now contact the person in question at the address supplied by the Deputy to assess the up-to-date position on their circumstances in the State.

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.

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