Tuesday, 17 May 2016

Written Answers Nos. 85-117

Court Accommodation Provision

Questions (85)

Michael Healy-Rae

Question:

85. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the status of the condition of Tralee courthouse in County Kerry; and if she will make a statement on the matter. [9569/16]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.

However, in order to be of assistance, I have had enquiries made and I am informed that the Courts Service is aware that improved facilities for Court users are required in Tralee and that, as it is not possible to provide improved facilities within the current courthouse site, the Courts Service proposes to construct a new courthouse on an alternative site. A potential site in State ownership has been identified by the Courts Service and it is currently being assessed for technical suitability. The Courts Service have advised that the provision of a new courthouse in Tralee will be dependent on securing an alternative site and the availability of funding in due course.

Questions Nos. 86 to 90, inclusive, answered with Question No. 84.

Garda Reserve

Questions (91)

Patrick O'Donovan

Question:

91. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Justice and Equality to support the establishment of a representative association for Garda Síochána reservists; and if she will make a statement on the matter. [9546/16]

Written answers

Tánaiste and Minister for Justice and Equality

The Garda Reserve was established in accordance with the Garda Síochána Act 2005 to enhance the links between An Garda Síochána and local communities and consists of voluntary unpaid members, drawn from the community, to support the work of An Garda Síochána. Reserve members who work a minimum of 208 hours in a 12 month period receive an allowance of €1,000 per annum as a contribution towards their expenses.

There are currently in the region of 900 reserves making a real and tangible contribution to the policing of communities right across the country. This is recognised by the commitment in the Programme for a Partnership Government to double their number so that they can act in a supportive role to full-time members, undertaking local patrols and crime reduction measures.

In addition, in recent years the Garda Commissioner has conferred further powers on reserve members under the Criminal Justice (Public Order) Act 1994 and has also decided that they should carry out more duties including the serving of summonses, and the issuing of Fixed Charge Penalty Notices where offences are detected. I very much welcome this expanded role for the Garda Reserve and also the inclusion of a special stream for eligible reserve members in the 2016 recruitment campaign for full-time members of An Garda Síochána.

Section 18 of the 2005 Act provides for the establishment, in accordance with regulations, of Garda representative associations for the purpose of representing members in all matters affecting their welfare and efficiency including pay, pension and conditions of service. There are currently four Associations, representing ranks up to that of Chief Superintendent, provided for by regulations. It is my view that the voluntary ethos underpinning the Garda Reserve does not fit with the purpose of representative associations as provided for in the 2005 Act and I have no plans to make provision for such a body.

Garda Recruitment

Questions (92)

Patrick O'Donovan

Question:

92. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Justice and Equality the number of refusals which were appealed in respect of recruitment to An Garda Síochána in 2016; the number not replied to; and if she will make a statement on the matter. [9547/16]

Written answers

Tánaiste and Minister for Justice and Equality

I can inform the Deputy that admission to An Garda Síochána as a trainee is a matter for the Garda Commissioner in accordance with the Garda Síochána (Admissions and Appointments) Regulations 2013.

I have been informed by the Garda Commissioner that this year so far ten applicants have been refused entry to An Garda Síochána as trainees on the grounds of unsuitability. Four of these applicants appealed the Commissioner’s decision. Such appeals are considered in accordance with the Commission for Public Service Appointments' code of practice in relation to appointments to positions where the Garda Commissioner has statutory responsibility.

I am further informed that all applicants who appealed the Garda Commissioner's decision to deem them unsuitable received a reply from An Garda Síochána.

Garda Deployment

Questions (93, 155)

Bernard Durkan

Question:

93. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality to augment the strength of An Garda Síochána throughout County Kildare, especially in those areas which have experienced increased levels of criminal activity over the past 12 months; and if she will make a statement on the matter. [9577/16]

Bernard Durkan

Question:

155. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will enhance the strength of An Garda Síochána at the various stations in County Kildare; and if she will make a statement on the matter. [10628/16]

Written answers

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 93 and 155 together.

As the Deputy will be aware, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Districts. 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 have been informed by the Garda Commissioner that as of the 31 March 2016, the latest date for which figures are readily available, there were 312 members assigned to the Kildare Division. The table below sets out the detailed distribution of these Gardaí. These members are supported by 29 Reserve members and 27 civilians. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation (NBCI), the Garda Bureau of Fraud Investigation (GBFI), and the Garda National Immigration Bureau (GNIB).

Since the Garda College was reopened in September 2014 there have been seven intakes of Garda Trainees giving a total intake of 700. A further 450 will be taken in this year. So far 395 of the new Garda Trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties in communities nationwide. The Garda Commissioner has informed me that 20 of these newly attested members have been assigned to the Kildare Division.

It is expected that a further 300 trainees will attest by the end of this year which, taking account of projected retirements, will bring Garda numbers to around the 13,000 mark. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí.

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. Key to achieving this goal is the commitment in the Programme for Government, "A Programme for a Partnership Government" to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000. We must, I believe, endeavour to make more rapid progress than this to reach our target of 15,000 and I will be engaging with my colleague, the Minister for Public Expenditure and Reform, in relation to increasing the planned annual intake this year and in coming years.

Kildare Garda Division 31 March 2016

District	Station	Total
	ATHY	27
	CASTLEDERMOT	3
	KILDARE	34
	MONASTEREVIN	4
	NEWBRIDGE	49
	RATHANGAN	2
KILDARE	TOTAL	119
	CARBURY	8
	CELBRIDGE	11
	KILCOCK	9
	LEIXLIP	37
	MAYNOOTH	13
LEIXLIP	TOTAL	78
	CLANE	7
	KILCULLEN	3
	NAAS	102
	ROBERTSTOWN	3
NAAS	TOTAL	115
KILDARE DIVISION	TOTAL	312

Garda Operations

Questions (94)

Bernard Durkan

Question:

94. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she monitors the activities of criminal gangs throughout County Kildare and other counties adjacent to County Dublin; if she is satisfied with the adequacy of the resources available to An Garda Síochána to tackle this issue in line with demographic trends; and if she will make a statement on the matter. [9579/16]

Written answers

Tánaiste and Minister for Justice and Equality

I can assure the Deputy that An Garda Síochána carefully monitor the activities of criminal groups in all areas of the country, including Co. Kildare, and are implementing strong policing measures to disrupt and dismantle their networks. As the Deputy will appreciate, the Garda Commissioner is responsible for the deployment of Garda resources to specific areas, but I am assured that Garda management constantly monitor the distribution of resources in the light of crimes trends and overall policing needs in a given area.

Mobile gangs engaged in burglary and related crimes are targeted through Operation Thor. This Operation represents a carefully considered strategy which was developed after I initiated a broad review of our approach to burglary crime in the early part of last year and is now supporting a concerted drive against those involved in burglary crime, including the highly mobile criminal gangs who have targeted communities in Kildare and many other areas. The concentrated Garda activity under Operation Thor has included more than 19,000 anti-crime patrols and in the order of 23,000 targeted checkpoints nationwide. There have also been in the region of 1,300 arrests covering a range of offences which, in addition to burglary have included handling stolen property, possession of firearms and drugs offences. During the last three months of 2015 the burglary rate fell by 26.6% nationally compared to the same period in 2014, coinciding with the launch of Operation Thor in November 2015.

Operation Thor delivers on increased investment in policing by this Government and marks a significant step-up in the Garda response to burglaries and related crime. In excess of €5 million is being specifically committed to support Operation Thor and includes funding for Garda overtime which will support a combination of additional patrols, checkpoints, rapid armed response and public awareness measures. Furthermore, investment in a modern, effective and fit-for-purpose Garda fleet will continue under the Government’s Capital Plan 2016-2021 which provides €46 million for new Garda vehicles, ensuring that Gardaí can be mobile, visible and responsive, on the roads and in the community. The Government is also investing in Garda airborne surveillance and enhanced technology and ICT systems. In fact, the Capital Plan 2016-2021 provides an additional €205 million for Garda ICT over the lifetime of the Plan underlining the ongoing commitment in the Programme for Government to resource and equip An Garda Síochána to provide enhanced policing and support local communities in all areas of the country.

The Deputy will also be aware that under the new Programme for Government we are pressing forward with an accelerated programme of Garda recruitment with a view to achieving a Force of 15,000 members. This is a central element of the Government's anti-crime strategy and we have already made provision for the recruitment of 1,150 new Gardai since we reopened the Garda College in Templemore in September 2014.

Services for People with Disabilities

Questions (95, 106)

Thomas Pringle

Question:

95. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality her efforts in conjunction with other Departments and State agencies in implementing the comprehensive employment strategy for people with disabilities; if she will resource the strategy to enable its full implementation; if she will use the €10 million European Social Fund for the programme for employment inclusion and learning to develop programmes with cross-departmental potential; and if she will make a statement on the matter. [9548/16]

Thomas P. Broughan

Question:

106. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the resources she will allocate to the comprehensive employment strategy for people with disabilities; the timeframe for its implementation; if she will use the €10 million European Social Fund funding for the programme for employment inclusion and learning to develop programmes across Departments to resource the strategy; and if she will make a statement on the matter. [9517/16]

Written answers

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 95 and 106 together.

The Comprehensive Employment Strategy for People with Disabilities, which was launched on Friday 2 October 2015, sets out a ten-year approach to ensuring that people with disabilities who are able to, and want to, work are supported and enabled to do so. People with disabilities are only half as likely to be in employment as others of working age. The reasons for this are complex, and include level of education and skills, fears around loss of benefits, employer know-how, low expectations, and limited re-entry to work following onset of a disability, as well as a higher incidence of ill-health. The Strategy is a cross-government approach that brings together actions by different Departments and State agencies in a concerted effort to address the barriers and challenges that impact on employment of people with disabilities. In tandem with that, it seeks to ensure there will be joined-up services and supports at local level to support individuals on their journey into and in employment. The Strategy's six strategic priorities are to:

- Build skills, capacity and independence;

- Provide bridges and supports into work;

- Make work pay;

- Promote job retention and re-entry to work;

- Provide coordinated and seamless support;

- Engage employers.

Implementing the Strategy will require continuing interdepartmental cooperation and a joined-up approach to supports and services for jobseekers and workers with disabilities. The implementation of the Strategy will be subject to regular monitoring, and there will be a review and renewal every three years. It is the Government's intention to implement the Strategy in full. The key implementation issues relate to coordinating Departmental efforts in this area, rather than to additional funds.

Responsibility for the fund referred to rests with the Department of Social Protection. The Strategy provides for the incorporation of learning from relevant Disability Activation (DACT) projects that operated under the previous European Social Fund Operational Programme, to be used to inform policy development. I am informed by that Department that an interdepartmental working group was established in October 2015 to examine the findings of the evaluation of the DACT project report and to identify the next steps. Further details of the progress of the working group are available from the Department of Social Protection.

Garda Station Closures

Questions (96)

Tony McLoughlin

Question:

96. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality the number of Garda stations closed in the Sligo-Leitrim division between January 2008 and January 2016; and if she will make a statement on the matter. [9663/16]

Written answers

Tánaiste and Minister for Justice and Equality

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.

During 2011 and 2012, An Garda Síochána completed a comprehensive review of its district and station network. The objective of this review was to identify opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within the organisation. The review concluded that a revised district and station network commensurate with the organisation’s resource base would best meet public demand. As a result, the Garda District and Station Rationalisation Programme was implemented in 2012 and 2013. This was reflected in An Garda Síochána’s Policing Plans for 2012 and 2013 which set out the details of the closure of 39 Garda stations in 2012 and 100 Garda stations in 2013.

The closures have allowed front line Garda 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 part of this programme, 12 Garda stations were closed during the period 2012 and 2013 in the Sligo Leitrim Division, as outlined.

Garda stations closed in the Sligo Leitrim Division in 2012:

Division	District	Station
Sligo/Leitrim	Ballymote	Bunnanadden
Sligo/Leitrim	Leitrim*	Drumkeeran
Sligo/Leitrim	Leitrim*	Kiltyclogher

Garda stations closed in the Sligo Leitrim Division in 2013:

Division	District	Station
Sligo/Leitrim	Ballymote	Aclare
Sligo/Leitrim	Ballymote	Easkey
Sligo/Leitrim	Ballymote	Ballyfarnon
Sligo/Leitrim	Sligo	Cliffoney
Sligo/Leitrim	Carrick on Shannon	Cloone
Sligo/Leitrim	Carrick on Shannon	Keshcarrigan
Sligo/Leitrim	Carrick on Shannon	Dromod
Sligo/Leitrim	Leitrim*	Dromahair
Sligo/Leitrim	Leitrim*	Glenfarne

*Manorhamilton District was amalgamated with Carrick On Shannon District on 22nd April 2013. The enlarged Carrick on Shannon District was later renamed ‘Leitrim District’ on 23rd June 2013.

The Deputy will be aware that, under the Programme for a Partnership Government, the Policing Authority will be asked to oversee a review of, among other things, both the boundaries of Garda districts and the dispersement of Garda stations in rural areas, and in developing urban and suburban areas, with a view to ensuring both an efficient and optimum geographical distribution of stations and minimal response times, including taking account of station closures since 2012.

Residency Permits

Questions (97)

Bernard Durkan

Question:

97. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and expected status of an application for permission to remain by a person (details supplied); and if she will make a statement on the matter. [9666/16]

Written answers

Tánaiste and Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 25 May 2011 and therefore has no entitlement to residency in the State.

Representations were received from the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains 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 Operations

Questions (98)

Tony McLoughlin

Question:

98. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality the number of hours each week where both counties Sligo and Leitrim are visited by the regional armed support units; the number of counties these units cover; the number of units on patrol in the north-west region; and if she will make a statement on the matter. [9705/16]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, among the Garda Regions, Divisions, and Districts. Garda management keeps this distribution under continuing review taking into account crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

In that context I am informed by the Commissioner that for security and operational reasons it is not possible to provide the information requested by the Deputy.

Garda Accommodation

Questions (99)

Brendan Smith

Question:

99. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality the status of a project (details supplied) including when it will proceed to the next stage, when the tendering process will commence, the timescale for construction and the cost; and if she will make a statement on the matter. [9755/16]

Written answers

Tánaiste and Minister for Justice and Equality

The Office of Public Works (OPW) has the primary responsibility for the provision and maintenance of Garda accommodation and works closely with the Garda authorities in this regard.

The Deputy will be aware that the Garda Building and Refurbishment Programme 2016-2021 includes the development of a new Garda station at the District Headquarters of Bailieboro, Co Cavan.

I am happy to inform the Deputy that, following consultation between Garda management and the OPW, a site has been identified for the new Garda Station and the OPW advises that it is progressing the legal matters relating to the acquisition of the site.

Until the site acquisition is completed, it is not possible to provide an exact timeline and details on procurement, construction and costing of the new station.

Garda Data

Questions (100, 150)

Bernard Durkan

Question:

100. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of women who are members of An Garda Síochána; the extent to which this number as a percentage of the force has fluctuated annually over the past eight years; and if she will make a statement on the matter. [9767/16]

Bernard Durkan

Question:

150. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if gender balance continues to exist throughout An Garda Síochána; and if she will make a statement on the matter. [10622/16]

Written answers

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 100 and 150 together.

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, among the Garda Regions, Divisions, and Districts. Garda management keeps this distribution under continuing review taking into account crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

I have been advised by the Garda Commissioner that on the 31 March 2016, the latest date for which figures are readily available, female members made up 3,338 or 26% of the 12,862 serving members. This contrasts with 22% in 2008. Of note is that female applicants made up approximately 33% of the candidates for the 2016 recruitment competition that is underway.

The tables detail the number and percentage of female members in An Garda Síochána for each of the years from 2008 to 2016 and also the number of females per rank in the organisation as of 31 March.

Female Strength of An Garda Síochána

Year	2008	2009	2010	2011	2012	2013	2014	2015	*2016
Strength	14,412	14,547	14,377	13,894	13,424	13,093	12,799	12,816	12,862
Female	3,130	3,402	3,446	3,402	3,363	3,335	3,306	3,324	3,338
%	21.7%	23.4%	24%	24.5%	25.1%	25.3%	25.8%	25.9%	25.9%

* end of March 2016

An Garda Síochána 31 March 2016

Rank	Total	Female
COMMISSIONER	1	1
D/COMMISSIONER	2	0
A/COMMISSIONER	5	0
C/SUPERINTENDENT	40	5
SUPERINTENDENT	158	14
INSPECTOR	247	28
SERGEANT	1945	327
GARDA	10464	2963
TOTAL	12862	3338

Legal Aid Service Reform

Questions (101)

Tony McLoughlin

Question:

101. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality her views on a legislative change to prohibit sitting Teachtaí Dála from receiving free legal aid; and if she will make a statement on the matter. [9713/16]

Written answers

Tánaiste and Minister for Justice and Equality

The Criminal Justice (Legal Aid) Act 1962, provides that free legal aid may be granted in certain circumstances for the defence of any persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that his or her means are insufficient to enable the applicant to pay for legal representation themselves. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. The Minister has no function in these matters which are determined by the judiciary which is independent in the exercise of its functions. Subject to the statutory requirements, the law does not exclude any person or category of persons from consideration in the context of the grant by a court of criminal legal aid.

Proposals for new Criminal Legal Aid legislation are currently being prepared to update and strengthen the system of granting legal aid including transferring responsibility for its administration to the Legal Aid Board. The proposed measures would include provisions to enable the Board to investigate the means of a person to whom legal aid was granted and, where it is determined that the person can afford to pay the costs or a portion of the costs, to direct that person to pay the amount calculated as being owed. Other proposed measures would include powers to revoke the criminal legal aid certificate and sanctions for providing false or misleading information for the purpose of obtaining legal aid. In saying this, it should not be construed as having any connection to any case or cases currently before the Courts.

Garda Operations

Questions (102)

Tony McLoughlin

Question:

102. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality if Operation Thor has been a success since its introduction; the number of persons arrested and charged while the operation has been ongoing; and if she will make a statement on the matter. [9714/16]

Written answers

Tánaiste and Minister for Justice and Equality

Operation Thor commenced in November 2015 and since then we have seen very positive trends in the level of burglary crime. In fact, the most recent CSO Recorded Crime Statistics, which are the full year figures for 2015, show that during the last three months of 2015 the number of burglaries reduced by 26.2% compared to the same period in 2014.

Operation Thor was developed after I initiated a broad review of our approach to burglary crime in the early part of last year. Operation Thor is now providing a concerted drive against those involved in burglary crime, including the highly mobile criminal gangs who have targeted communities in many areas of the country and caused so much damage and distress in the process. The Deputy will appreciate that it will take some time for all investigations initiated under Operation Thor to be fully processed through the criminal justice system, and that the bringing of charges is a matter to be decided independently by the prosecuting authorities. However, I am advised by An Garda Síochána that the concentrated Garda activity under Operation Thor has so far produced more than 19,000 anti-crime patrols and in the order of 23,000 targeted checkpoints nationwide. There have also been in the region of 1,300 arrests covering a range of offences which, in addition to burglary, have included handling stolen property, possession of firearms and drugs offences.

I can also advise the Deputy that I have made it a particular priority to strengthen our legislative provisions through the enactment of the Criminal Justice (Burglary of Dwellings) Act 2015 which is targeted at repeat burglars who have previous convictions and who are charged with multiple offences of residential burglary. I am very pleased that this new legislation is now available to support the work which is being carried out by An Garda Síochána under Operation Thor.

Operation Thor delivers on increased investment in policing by this Government and marks a significant step-up in the Garda response to burglaries and related crime. In excess of €5 million is being specifically committed to support Operation Thor and includes funding for Garda overtime which is supporting a combination of additional patrols, checkpoints, rapid armed response and public awareness measures. Furthermore, investment in a modern, effective and fit-for-purpose Garda fleet will continue under the Government’s Capital Plan 2016-2021 which provides €46 million for new Garda vehicles, ensuring that Gardaí can be mobile, visible and responsive, on the roads and in the community. The Government is also investing in Garda airborne surveillance and enhanced technology and ICT systems. In fact, the Capital Plan 2016-2021 provides an additional €205 million for Garda ICT over the lifetime of the Plan, underlining the ongoing commitment in the Programme for Government to resource and equip An Garda Síochána to provide enhanced policing and to support local communities in all areas of the country.

The Deputy will also be aware that under the new Programme for Government we are pressing forward with an accelerated programme of Garda recruitment with a view to achieving a Force of 15,000 members. This is a central element of the Government's anti-crime strategy and it builds on the recruitment of 1,150 new Gardaí since we reopened the Garda College in Templemore in September 2014. The ongoing recruitment process will support all policing operations, including Operation Thor.

Garda Vetting of Personnel

Questions (103)

Tony McLoughlin

Question:

103. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality her efforts to speed up the backlog in applications for vetting by An Garda Síochána; and if she will make a statement on the matter. [9720/16]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, the primary purpose of the Garda employment vetting service is to seek to ensure the safety of children and vulnerable adults. Accordingly, the vetting process demands rigorous procedures to safeguard its integrity and to maintain the highest level of confidence by the public and organisations availing of the service.

I am informed by the Garda authorities that the current average processing time for vetting applications is four weeks. However, in some individual cases additional enquiries may be necessary and this may result in processing times in excess of the average. Any vetting process will take a certain minimum amount of time to complete and, taking into account the importance of measures to protect children and vulnerable adults while providing an effective and efficient service, the current period is not unreasonable.

The Deputy will wish to know that An Garda Síochána launched an 'e-vetting' system on 29 April 2016 which will facilitate the processing of applications in an on-line format, thus removing the current time-consuming process of manual applications. E-vetting will further streamline the vetting process and contribute to sustaining reduced processing times for vetting applications. The e-vetting system is designed to be compatible with the requirements of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 and, in this regard, was launched in tandem with the commencement of the Acts.

Paternity Leave

Questions (104)

Seán Haughey

Question:

104. Deputy Seán Haughey asked the Tánaiste and Minister for Justice and Equality when she will introduce paternity leave; and if she will make a statement on the matter. [9372/16]

Written answers

Tánaiste and Minister for Justice and Equality

As announced in Budget 2016, the outgoing Government approved the introduction of two weeks of paternity leave and the associated social welfare paternity benefit as from September 2016. The Government has approved the General Scheme of a Bill to give effect to this decision and the Bill is currently being drafted by the Office of the Parliamentary Counsel. I expect to be in a position to publish the Bill shortly.

Visa Applications

Questions (105)

Robert Troy

Question:

105. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality to expedite an application for a visa by a person (details supplied). [9484/16]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application was received by the Visa Office in Dublin on the 23/03/2016. The application was refused on the 06/05/2016. A letter outlining the reasons for refusal will issue to the applicant in the coming days. It is, of course, open to the applicant to appeal the decision within 2 months of the date of the letter.

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

Question No. 106 answered with Question No. 95.

Criminal Injuries Compensation Tribunal Awards

Questions (107)

Pearse Doherty

Question:

107. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the efforts she will make to expedite an appeal submitted to the Criminal Injuries Compensation Tribunal by a person (details supplied) in 2012; and if she will make a statement on the matter. [9446/16]

Written answers

Tánaiste and Minister for Justice and Equality

I wish to advise the Deputy that the Criminal Injuries Compensation Tribunal, which has responsibility for the administration of the Scheme of Compensation for Personal Injuries Criminally Inflicted, is independent in the matter of individual applications under the Scheme. However, to be of assistance to the Deputy I have had enquiries made with the Tribunal.

Tribunal members, who are practising barristers and practising solicitors in the Courts system, provide their services on a part-time basis to the Tribunal. Appeal hearings are conducted by three Tribunal members. The member who gave the initial decision will not be one of the Tribunal members present at the appeal hearing. Dates for appeal hearings are set on the basis of availability of Tribunal members, appellants and/or their legal representatives.

All appeals received are registered on the date of receipt and placed in chronological order. Appeal hearings are planned on the basis of the order in which the appeals are received based on that chronological order. I understand that the application referred to by the Deputy is the subject of an appeal by the applicant.

I can further inform the Deputy that there are currently (since 30 April, 2016) six Tribunal member vacancies and that appeal hearings cannot be scheduled until at least two new members are appointed. Mindful of this I recently sought expressions of interest from suitably-qualified persons who wish to be considered for appointment as members of the Criminal Injuries Compensation Tribunal with a view to filling these vacancies as soon as is practicable.

I am informed that the Tribunal expects to be in a position to schedule the appeal of the person concerned in the period following the appointment of new Tribunal members.

Prison Staff

Questions (108)

Seán Haughey

Question:

108. Deputy Seán Haughey asked the Tánaiste and Minister for Justice and Equality if the Prison Service will recruit staff in the near future and the procedures to be used; and if she will make a statement on the matter. [9832/16]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Director General of the Irish Prison Service that plans for a recruitment competition for the position of Recruit Prison Officer are currently underway having regard to factors such as the level of retirements from the Irish Prison Service this year and in the coming years. Necessary arrangements being put in place include tendering for a provider to deliver the Accredited Level 6 Training in Custodial Care for New Recruit Prison Officers and an analysis of the Recruit Prison Officer job to reflect the current requirements of the Irish Prison Service.

Recruit Prison Officers will be recruited through the Public Appointments Service. Details of the recruitment campaign for the position of Recruit Prison Officer will be announced in due course.

Private Security Authority Administration

Questions (109)

Jack Chambers

Question:

109. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality to clarify the excessive cost for those who want to complete the Private Security Authority course to receive a door licence for security work; to review the cost of the course or create a mechanism to assist those who cannot afford it but who wish to work in security; and if she will make a statement on the matter. [9863/16]

Written answers

Tánaiste and Minister for Justice and Equality

The Private Security Authority (PSA), established under the Private Security Services Act 2004, as amended, is the regulatory body with responsibility for regulating and licensing the private security industry in the State. The Authority is an independent body under the aegis of my Department and I have no involvement in its day to day operations.

I can however inform the Deputy that any person seeking to obtain employment in the Door Supervisor (Licensed Premises) sector must acquire a licence from the PSA. The Authority requires all individuals who apply for such a licence to hold a national training qualification. The minimum training requirement for this particular sector is prescribed as the Quality and Qualifications Ireland (QQI) Level 4 Minor Award, or equivalent, in Door Security Procedures.

QQI validated training courses are provided by a range of training providers, both public and private, who are independent of the Authority. The Authority plays no role in determining the cost of courses - this is a matter for the individual training provider. The Authority holds a list of QQI approved training providers on its website, www.psa.gov.ie, and it is a matter for each applicant to choose the training provider that best suits their needs.

The Deputy may wish to note that a Training Support Grant is available via the Department of Social Protection. I am informed that this scheme is designed to fund access to short-term training where that training can support job-seekers to access work opportunities.

Criminal Assets Bureau

Questions (110)

Clare Daly

Question:

110. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of forensic accountants the Criminal Assets Bureau employs; and the steps she intends to take to improve the situation. [9895/16]

Written answers

Tánaiste and Minister for Justice and Equality

I can assure the Deputy that I am committed to making sure the necessary resources are made available to the Criminal Assets Bureau from within the available public finances. In this regard the resources of the Bureau are, and will continue to be, kept under ongoing review by both the Criminal Assets Bureau and my Department. The work of the Criminal Assets Bureau is highly effective. I can inform the Deputy that at present there are two forensic accountants working in the Criminal Assets Bureau.

Foreshore Issues

Questions (111)

Aengus Ó Snodaigh

Question:

111. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question Number 263 of 14 April 2016 and given that acting on legal advice received from the office of the Attorney General the original cartographic representation of the townlands affected by the lake line change is being re-established as per the original boundary register and sketch maps archived in the National Archives, when this will happen; and if it will include changes made recently to the boundary by a person (details supplied). [9835/16]

Written answers

Tánaiste and Minister for Justice and Equality

I can inform the Deputy that I am advised by Ordnance Survey Ireland that the cartographic representation of the relevant townlands (originally referred to Parliamentary Question No. 263 of 14 April 2016) has been re-delineated under the Boundary Survey Acts, 1854, 1857 and 1859 in consultation with the Chief Boundary Surveyor (Commissioner of Valuation), who has primary responsibility for such matters. Accordingly, I understand that the current published Ordnance Survey map reflects this updated townland re-delineation.

Legislative Programme

Questions (112)

Catherine Murphy

Question:

112. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality when she will publish the criminal justice (corruption) Bill; and if she will make a statement on the matter. [9904/16]

Written answers

Tánaiste and Minister for Justice and Equality

Drafting of the Criminal Justice (Corruption) Bill is at an advanced stage. It is hoped that all outstanding matters can be resolved soon and that the Bill can be submitted for Government approval and publication during the current Dáil term.

Legislative Programme

Questions (113)

Eamon Ryan

Question:

113. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality her progress in drafting a spent convictions Bill; and if she will make a statement on the matter. [9888/16]

Written answers

Tánaiste and Minister for Justice and Equality

The Criminal Justice (Spent Convictions and Certain Disclosures) Bill completed all stages in the Houses of the Oireachtas on 3rd February 2016. The Act which provides that a range of minor offences will become spent after seven years was commenced in full on 29th April 2016.

In accordance with the provisions of the Act the following convictions which are more than 7 years old are now deemed spent:

All convictions in the District Court for motoring offences, with the proviso that spent convictions for dangerous driving are limited to a single conviction.

All convictions in the District Court for minor public order offences.

In addition, where a person has one, and only one, conviction (other than a motoring or public order offence) which resulted in a term of imprisonment of less than 12 months (or a fine) that conviction is also spent after 7 years. This can be a District Court or Circuit Court conviction.

Domestic Violence

Questions (114)

Eamon Ryan

Question:

114. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality the further steps she must take for Ireland to ratify the Istanbul Convention on combating domestic violence; and if she will make a statement on the matter. [9889/16]

Written answers

Tánaiste and Minister for Justice and Equality

The protection of members of society from domestic violence, sexual violence and exploitation are primary concerns for me and my Department. The Istanbul Convention is a significant legal instrument in the fight against domestic and sexual violence. Ireland is fully supportive of the aims and terms of the Convention and the Deputy will be aware that Ireland signed the Convention on 5 November 2015. The recently published Programme for a Partnership Government contains a commitment to implementing the Istanbul Convention. The previous Government gave approval to an action plan, which was published in November 2015. The Plan contains 18 legislative and administrative actions which, when implemented, will enable Ireland ratify the Convention. All of the time-bound actions are also contained in the Second National Strategy on Domestic, Sexual and Gender-based Violence, which was published in January. The strategy will be monitored by key state and non-state stakeholders dealing with domestic and sexual violence to ensure it is implemented.

Legislative Programme

Questions (115, 121, 162, 163)

Josepha Madigan

Question:

115. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality to prioritise the passage of the Criminal Law (Sexual Offences) Bill 2015; and if she will make a statement on the matter. [9928/16]

Charlie McConalogue

Question:

121. Deputy Charlie McConalogue asked the Tánaiste and Minister for Justice and Equality when legislation to tackle sex trafficking will be enacted; and if she will make a statement on the matter. [10059/16]

Thomas Pringle

Question:

162. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality to advance the sexual offences Bill as a matter of urgency following the recent decision in France to introduce sex buyer laws and similar moves underway in the United Kingdom; and if she will make a statement on the matter. [10695/16]

Thomas Pringle

Question:

163. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality to immediately resume the sexual offences Bill given attempts by organised crime to traffic men, women and children in the refugee crisis for sexual exploitation; and if she will make a statement on the matter. [10696/16]

Written answers

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 115, 121, 162 and 163 together.

On 23 September 2015, I published the Criminal Law (Sexual Offences) Bill 2015, as approved by Government. The Bill includes wide ranging provisions to enhance the protection of children from sexual abuse and exploitation including through more effective targeting of acts of child sexual grooming. When enacted, the Bill will facilitate full compliance with the criminal law provisions of a number of international legal instruments and implement the recommendations of a number of Oireachtas committees.

The Bill also provides for two new offences of purchasing sexual services, in the context of prostitution. The purpose of these offences is to target the demand for prostitution. The first is a general offence of paying to engage in sexual activity with a prostitute which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of paying for sexual activity with a trafficked person, in the context of prostitution, and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not commit an offence.

These proposals have been developed following extensive consultation, initiated by my Department, dating back to 2012. The new offences also implement the recommendation of the Joint Oireachtas Committee on Justice, Equality and Defence which called for the introduction of an offence criminalising the purchase of sexual services. Both the Council of Europe and the European Parliament have recognised the effectiveness of the criminalisation of the purchase of sexual services as a tool in the fight against human trafficking.

The Bill completed all stages in Seanad Éireann in January 2016. Enactment of this important piece of legislation is a priority for the Government.

I would also draw the Deputies' attention to the existing legislative provisions addressing the trafficking of persons for the purpose of exploitation (including sexual exploitation) which can attract significant penalties. Under the Criminal Law (Human Trafficking) Act 2008, any person found guilty of trafficking for the purposes of sexual exploitation shall be liable to imprisonment for a period up to life. It is also an offence for a person to solicit or importune a trafficked person for the purposes of prostitution with a potential penalty of imprisonment for up to 5 years.

Anti-Social Behaviour

Questions (116, 117)

Finian McGrath

Question:

116. Deputy Finian McGrath asked the Tánaiste and Minister for Justice and Equality her views on the case of a person (details supplied) in Dublin 13; and if she will make a statement on the matter. [9953/16]

Finian McGrath

Question:

117. Deputy Finian McGrath asked the Tánaiste and Minister for Justice and Equality to support a matter (details supplied) regarding anti-social behaviour; and if she will make a statement on the matter. [9954/16]

Written answers

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 116 and 117 together.

I appreciate the concerns which can arise in relation to the impact of various types of anti-social behaviour on householders and local communities. However, I trust the Deputy will appreciate that the investigation of possible criminal offences in any particular case is a matter for An Garda Síochána, and I do not have a direct role in this regard. I would of course encourage anyone who is subject to any form of harassment or anti-social behaviour to provide all relevant information to their local Gardaí. To be of assistance I have brought the Deputy's concerns, and a copy of the correspondence in question, to the attention of the Garda authorities and asked that these matters be given appropriate consideration and attention.

Addressing local community concerns in relation to public order and anti-social behaviour is a key focus in An Garda Síochána's National Model of Community Policing. In this regard there are strong legislative provisions available to an An Garda Síochána, including provisions under the Criminal Damage Act 1991, Criminal Justice (Public Order) Act 1994, the Criminal Justice (Public Order) Act 2003, and the Intoxicating Liquor Acts 2003 and 2008.

As part of An Garda Síochána's commitment to a Community Policing approach Gardaí engage with a wide range of local groups, including residents groups and Neighbourhood Watch and Community Alert groups, as well as participating in more formal structures such as Joint Policing Committees. These provide additional mechanisms for people to relay their concerns to Gardaí and also assist An Garda Síochána in disseminating crime prevention advice to local communities.

The Deputy will also be aware that under the new Programme for Government we are pressing forward with an accelerated programme of Garda recruitment with a view to achieving a Force of 15,000 members. This is a central element of the Government's anti-crime strategy and it builds on the recruitment of 1,150 new Gardaí since we reopened the Garda College in Templemore in September 2014. The ongoing recruitment process will support all Garda activities and will undoubtedly enhance the provision of effective Community Policing in local communities throughout the country.