Thursday, 14 Apr 2016

Written Replies Nos. 286 to 299

Garda Stations

Questions (286)

James Lawless

Question:

286. Deputy James Lawless asked the Minister for Justice and Equality the status of the Garda Síochána station in Kilcock, County Kildare, including the concerns of local residents at the insufficient Garda presence in Kilcock the insufficient number of public opening hours of this station; her plans to increase the opening hours of this station; the number full-time gardaí assigned to this station; and her plans to increase the number of gardaí in County Kildare and in the Kilcock station, in particular, in the near future. [6388/16]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel and decisions in relation to Garda station opening hours and I, as Minister, have no direct role in these matters. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

I am informed by the Garda Commissioner that Kilcock Garda station is open to the public from 3pm to 6pm Monday to Saturday and from 3pm to 5pm on Sundays, subject to available manpower. An increase in the opening hours of any Garda Station would necessitate the deployment of additional Garda personnel to indoor administrative duties who may be more effectively employed on outdoor policing duties. I am also advised that the matter of opening hours of sub-district stations is subject to continual review and alteration by Garda management in the context of policing priorities and resources available.

Kilcock forms part of the Leixlip District in the Kildare Division. I have been informed by the Garda Commissioner that on the 29 February 2016, the latest date for which figures are readily available, there were 309 Gardaí assigned to the Division, of which 78 were assigned to Leixlip District and of these 9 were assigned to Kilcock sub-District. Since the Garda College reopened in September 2014, there have been seven intakes of Garda Trainees, giving a total intake of 700 with a further 450 trainees to be recruited this year. So far 395 of the new Garda Trainees have attested as members of An Garda Síochána and have been assigned to Garda stations throughout the country by the Garda Commissioner. I am informed that 20 of these newly attested Gardaí have been assigned to the Kildare Division.

Road Traffic Offences

Questions (287, 288)

Thomas P. Broughan

Question:

287. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 241 of 22 March 2016 wherein she stated that a reply relating to an earlier parliamentary question of 19 October 2015 would issue that week, the number of fixed charge notices that have been issued for speeding; the number of these that were paid within the 56 day period; the notices for which summonses were issued; the number of persons convicted; the number of these who had their licence numbers recorded in each case by District Court area and by year for the period January 2013 to March 2015; and if she will make a statement on the matter. [6391/16]

Thomas P. Broughan

Question:

288. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 241 of 22 March 2016 wherein she stated that a reply relating to an earlier parliamentary question of 19 October 2015 would issue that week, the number of speeding offences; the number of persons who did not produce their licence in court and whose cases were adjourned until such time as they produced the licences; the outcome of these cases; the number of these cases where persons did not produce the licence in court and now face prosecution on the charge of failing to produce a licence in court in each case by District Court area and by year for the period January 2013 to March 2015; and if she will make a statement on the matter. [6392/16]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 287 and 288 together.

I am informed by the Garda authorities that the data sought is not collated on a District Court basis by the Garda Síochána, however the statistics requested by the Deputy have been provided on a national basis. Table 1 details the number of FCNs issued, paid, terminated and resulting in a summons application for speeding offences for the years 2013, 2014 and 1 January - 31 March 2015.

Table 1: Fixed Charge Notices for Speeding Offences issued, paid, terminated and resulting in a summons application for the years 2013, 2014 and 1 January – 31 March 2015

Year	Issued	Paid	Terminated	Summons Application
2013	207,920	162,570	10,102	32,287
2014	226,125	179,365	8,983	34,367
1 January - 31 March 2015	47,849	38,003	1,637	7,472

Note: Garda Síochána figures as of 27 January 2016.

The information requested by the Deputy in relation to the Court outcomes of the specific FCNs referenced in Table 1 and the recording of driving licence numbers in Court are not available to the Garda Síochána. However, the Courts Service has provided information contained in Table 2, detailing the number of persons before the courts for speeding offences for the years 2013, 2014 and 1 January - 31 March 2015. Table 2 also details the outcomes of these cases and the number of driving licences recorded for convictions.

While most of the FCNs issued are paid without recourse to court, a range of measures are in development to further improve payment rate and enhance overall enforcement. In particular, these include the project which is is underway to introduce a ‘3rd Payment Option’ whereby a person served with a summons would have a final opportunity to pay the penalty and receive the points without attending Court. This project is currently in technical development and scheduled to be commenced later this year. One longer term measure also in preparation is a project to develop a 'master driver licence record' which will associate vehicle and driver records in order to achieve optimum penalty point endorsement as well as other benefits. More generally, I can assure the Deputy that there is extensive liaison between all of the stakeholders involved at an operational level with a view to the ongoing enhancement of the FCPS system, and in order to keep relevant legislation under ongoing review.

Table 2: Report on Persons before the Courts for Speeding Offences in 2013, 2014 and 1 January – 31 March 2015

Year	2013	2014	1 Jan-31 Mar 2015
No. of Persons	14,101	17,292	5,731
No. of Persons Convicted	6,663	7,868	2,669
			Outcomes
Community Service Order		1
Dismiss	336	1,723	465
Dismiss Probation Act	292	211	30
Disqualification	47	60	26
Endorsement	8
Fine	6,664	7,868	2,669
No Order	36	10	1
Poor Box	1,034	619	236
Strike Out	5,270	6,391	2,132
Taken into Consideration	68	90	26
Withdrawn	450	466	186
No. of Driving Licences recorded for Convictions	2,817	3,306	1,121

Road Traffic Offences

Questions (289)

Thomas P. Broughan

Question:

289. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to her correspondence dated 30 September 2015 wherein she stated that the requested information would be forwarded, the number of drivers who were convicted of dangerous driving causing death or serious injury and who were already disqualified from driving at the time of the road traffic collision which caused the death or serious injury; the number of deaths and serious injuries for which these drivers were convicted; the total number of drivers convicted for dangerous driving resulting in death or serious injury in each case for the period January 2013 to March 2015; and if she will make a statement on the matter. [6393/16]

Written answers

Minister for Justice and Equality

I have made enquiries with An Garda Síochána and the Courts Service in relation to the Deputy's query and understand that the specific information sought is not available. However, certain information in relation to convictions for the offences referred to is available from the Central Statistics Office, and I have asked that Office to forward such information as is available directly to the Deputy.

Visa Applications

Questions (290)

Bernard Durkan

Question:

290. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to review an application for a visa by a person (details supplied); and if she will make a statement on the matter. [6437/16]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Citizenship Service (INIS) of my Department that the application referred to by the Deputy was received in the Dublin Visa Office on 28 August 2015. It was refused by the Visa Officer on 22 October 2015.

The decision of the Visa Officer to refuse the application was upheld by an Appeals Officer on 20 January 2016. As an applicant is entitled to one appeal only, no further review of the application can be undertaken. It is, however, open to the applicant to make a fresh application.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

In addition, applicants may themselves e-mail queries directly to INIS ([e-mail]).

Maternity Leave

Questions (291)

Niall Collins

Question:

291. Deputy Niall Collins asked the Minister for Justice and Equality the number of members of An Garda Síochána who are currently on maternity leave. [6449/16]

Written answers

Minister for Justice and Equality

I have been informed by the Garda Commissioner that as of 29 February, 2016 there were 165 members of An Garda Síochána on maternity leave.

Garda Deployment

Questions (292)

Thomas P. Broughan

Question:

292. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of extra gardaí who were attached to the Garda Síochána R and J districts in 2015 and 2016 to date; and if she will make a statement on the matter. [6450/16]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Districts, and I as Minister have no direct role in the matter. Garda management keep this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

The Garda Síochána J (Raheny, Clontarf and Howth) and R (Coolock, Malahide and Swords) Districts are part of the Garda Division of Dublin Metropolitan Region (DMR) North. I have been informed by the Garda Commissioner that on the 31 December 2015 there were 197 and 159 Gardaí attached to the Garda Síochána R and J Districts, respectively. On the 29 February 2016, the latest date for which figures are available there were 196 and 159 Gardaí attached to the Garda Síochána R and J Districts, respectively.

Since the Garda College reopened in September 2014, there have been seven intakes of Garda Trainees, giving a total intake of 700 with a further 450 to be recruited this year. So far 395 of the new Garda Trainees have attested as members of An Garda Síochána. On attestation, new Probationer Gardaí are assigned to Garda stations throughout the country by the Garda Commissioner, where they are assigned to mainstream uniform policing duties. I am informed that 29 of these newly attested Gardaí have been assigned to the DMR North Division. Of these, 4 new Garda members were assigned to District J and 5 new members were assigned to District R.

Visa Applications

Questions (293)

Bernard Durkan

Question:

293. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for stamp 4 status by a person (details supplied) in County Galway; and if she will make a statement on the matter. [6460/16]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application of the person in question is currently receiving attention and a decision will issue in the coming weeks.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

Naturalisation Applications

Questions (294)

Bernard Durkan

Question:

294. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for naturalisation by a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [6463/16]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.

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 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 INIS is, in the Deputy’s view, inadequate or too long awaited.

Courts Service

Questions (295, 296)

Brendan Griffin

Question:

295. Deputy Brendan Griffin asked the Minister for Justice and Equality if she plans to appoint more High Court judges to clear the back-log of pending cases in High Court sittings in County Limerick; and if she will make a statement on the matter. [6469/16]

Brendan Griffin

Question:

296. Deputy Brendan Griffin asked the Minister for Justice and Equality to provide resources to facilitate sittings of the High Court in Tralee, to deal with the back log of cases in County Kerry; and if she will make a statement on the matter. [6470/16]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 295 and 296 together.

The Rules of the Superior Courts (Order 36) provide that all proceedings in the High Court are tried in Dublin unless otherwise ordered or provided for by statute or by those Rules. The Rules also provide that notice of trial may be served for the hearing of certain types of actions (effectively actions for damages for personal injury) in Limerick where the plaintiff resides in, or the wrong is alleged to have happened in, Limerick or in counties Limerick, Tipperary, Kerry or Clare.

The Rules do not currently provide for High Court sittings in Tralee and any amendment to the Rules to include Tralee as a High Court venue would require the approval of the Superior Court Rules Committee and the concurrence of the Minister for Justice and Equality. There are no plans to hold High Court sittings in Tralee at present. However, if a plaintiff residing in Kerry does not wish to have proceedings heard in Dublin, or if the wrong is alleged to have happened in County Kerry, the Rules provide that notice of trial may be served to have the proceedings heard in either Limerick or Cork.

I am informed that the current waiting time for personal injury hearings in the Dublin personal injury list is 4 weeks. The waiting time for cases set down for trial in Limerick is 9 months and in Cork is 17 months. In urgent cases which have been set down for trial in Limerick or Cork it is open to the parties to apply to the List Judge for an early hearing date, or to have the cases transferred to Dublin.

The allocation and distribution of court business is, of course, a matter for the Presidents of the respective courts. I have always been conscious of the need to provide sufficient judicial resources to effectively deal with the volume of business coming before the courts and last year I obtained Government approval for two additional judges of the High Court. The Courts Act 2015, which was enacted on 20 December 2015, provides for an increase in the statutory number of ordinary judges of the High Court by two, from 35 to 37. It is anticipated that these posts will be filled shortly and will facilitate a reduction in waiting times for cases to be heard throughout the courts system.

Immigration Status

Questions (297)

Bernard Durkan

Question:

297. 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 15; and if she will make a statement on the matter. [6478/16]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation from the person referred to by the Deputy, who currently has permission to reside in the State until 12 September 2017, was refused for reasons provided to the person concerned in a letter issued on 21 March 2016 advising of the decision.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.

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 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 INIS is, in the Deputy’s view, inadequate or too long awaited.

Visa Applications

Questions (298)

Bernard Durkan

Question:

298. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a stamp 4 visa may be extended past its current expiration for a person (details supplied) in County Carlow; and if she will make a statement on the matter. [6479/16]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy submitted an application for a residence card on 24 November, 2015 which falls to be considered under the EC (Free Movement of Persons) Regulations 2015. This application is currently under examination and a decision will be made in due course based on the documentation on file. In the interim, INIS has granted the person concerned temporary permission to reside and work in the State to 23 June, 2016. I am further advised that should the question of extension of that permission arise it will be considered in context of the circumstances pertaining to the application.

The Deputy will be aware that queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

Leave to Remain

Questions (299)

Bernard Durkan

Question:

299. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of the eligibility of a person (details supplied) in Dublin 22 for permission to remain, pursuant to section 3 of the Immigration Act 1999, as amended; and if she will make a statement on the matter. [6485/16]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, in advance of a final decision being made.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.