Written Answers Nos. 118 - 145
118. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality if and when she will review the proposals contained in the Brighter Evenings Bill 2012; and if she will make a statement on the matter. [9958/16]
View answerThe Brighter Evenings Bill 2012, a Private Members Bill sponsored by Deputy Thomas Broughan, had two general aims concerning:
- the preparation and publishing of a report on the costs and benefits of advancing clocks by one hour (thus allowing for brighter evenings and bringing Ireland into Central European Time); and
- allowing for a three year trial period when clocks would be advanced by one hour (and then permanently, if required).
During the course of the Dáil debate on Friday 5 July, 2013 my predecessor proposed that he would write to the Joint Committee on Justice, Defence and Equality and ask it to further consider the issue if Deputy Broughan would adjourn the matter. Deputy Broughan agreed with this proposal.
I can inform the Deputy that the Joint Committee on Justice, Defence and Equality considered the matters raised by the Brighter Evenings Bill and submitted a report to me. Having considered the evidence presented to it, including Ireland's close links with the United Kingdom, the Committee made the following recommendations:
The Committee recommends that, on the basis of the submissions received, the Minister keeps any proposed initiative on this matter under review and continues to give consideration to any possible benefits. The Committee further recommends that consideration of any trial be coordinated as a joint venture with the United Kingdom, should it consider a similar trial.
I have also been informed that the Committee was impressed by the benefits of introducing summer time for a longer portion of the year and submits this position in the event of any future review of European legislation.
Having considered the report and noted the recommendations made I informed the Committee that my Department will continue to keep the matters raised in the Brighter Evenings Bill under review including the changing of our time zone arrangements for a trial period as a joint venture with the United Kingdom.
I further informed the Committee that my Department will also keep under review the idea of extending the period of summer time, currently from the last Sunday of March to the last Sunday of October each year, bearing in mind member states' EU-wide obligations in this regard.
119. Deputy Eamon Scanlon asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 120 of 4 May 2016, the timeframe by which inquiries with external agencies regarding a person (details supplied) will conclude; and if she will make a statement on the matter. [9962/16]
View answerI am informed by the Garda authorities that a vetting application in respect of the person to whom the Deputy refers was processed by the Garda Central Vetting Unit and returned to the relevant registered organisation on 10 May 2016. In the circumstances the applicant is advised to contact the registered organisation to ascertain the current position.
120. Deputy Bríd Smith asked the Tánaiste and Minister for Justice and Equality to request the office for promotion of migrant integration to enable access by the Amal Group of the Dublin Islamic Foundation of Ireland to the 23 families who are here under the resettlement and relocation programme, in order to provide religious and culturally appropriate support and assistance (details supplied). [10038/16]
View answerAll refugees, whether resident in temporary accommodation in Emergency Reception and Orientation Centres or in their own homes, are free to practise their religion or to engage with their religious organisations. Whether a person is resident in their own private home, or in a residential centre, it is up to each individual to decide with whom they wish to engage and on the level and extent of that engagement.
No restrictions have been placed on any organisation with regard to engagement with their congregation wherever they are resident, be it in their own homes or in the residential centres. However, religious organisations are not permitted to preach, teach or organise cultural or religious events in the residential centres. The Emergency Reception and Orientation Centres are "home" to persons of various religious beliefs and none. Religious organisations are free to invite residents to any religious or cultural events outside of their place of residence in the same way as if they were resident in their private homes.
With regard to visiting residents in the Emergency Reception and Orientation Centres, I am sure that you will agree, that the health, safety and privacy of the residents must be of primary concern. It is required under law to protect the identity of refugees. Therefore, it is imperative that persons visiting the centre, regardless of their background or religion, must be Garda vetted. To facilitate visitors, special arrangements have been put in place with Kildare Volunteer Services to organise Garda vetting for any person that wishes to visit the centre. Visiting must also be curtailed during special periods e.g. during mealtimes, or when children are sleeping and visiting is restricted to public areas to protect the privacy of the residents.
When visiting the centre, the visitor must be invited by a resident and the visitor is limited to meeting with that resident and must not disturb other residents. I am sure that you will agree that this is standard practice in any residential centre.
Donations to support the residents in Emergency Reception and Orientation Centres are coordinated by local voluntary bodies. Kildare Volunteer Service accept donations for the Hazel Hotel, and the Centre Management accept donations in Dungarvan. If a person wishes to make a donation they can do so through those avenues. This guarantees an even distribution of gifts and donations to the residents in accordance with the residents' needs.
122. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of an application for asylum by a person (details supplied); and if she will make a statement on the matter. [10069/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been granted permission to remain in the State for a three year period following the consideration of their case under Section 3 (6) of the Immigration Act 1999 (as amended). This decision was conveyed in writing to them by letter dated 11th May, 2016.
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.
123. Deputy Imelda Munster asked the Tánaiste and Minister for Justice and Equality the number of home break-ins and response times within the past 36 months in Dundalk, Drogheda, Dunleer, Ardee and Clogherhead in County Louth in tabular form. [10174/16]
View answerThe Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics. To be of assistance, I have requested the CSO to contact the Deputy and to provide the available recorded crime figures directly to her. Insofar as the question of response times is concerned, I have sought a report in this regard from the Garda authorities and will contact the Deputy again when this is to hand.
124. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of an application for residency status by persons (details supplied); and if she will make a statement on the matter. [10191/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State on 30th December 2006 and registered as a student under Stamp 2 conditions and that their immigration permission expired in June 2014.
I am informed that a decision letter subsequently issued to the person concerned in July 2014 refusing an extension of their Student Stamp 2 conditions as they had exceeded the maximum aggregate time permitted on Student conditions to study language, non-degree level and degree level courses which is 7 years. The person concerned was advised that in their case the 7 year limit expired on 8 June 2014. In this regard the person concerned was advised to leave the State and submit documentary evidence to INIS of their departure by 23 August 2014. The person concerned currently holds no immigration permission to remain and is currently illegally residing in the State.
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 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 Parliamentary Question 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.
125. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of an application for a visa by a person (details supplied). [10194/16]
View answerI am informed by officials in the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a 'join family' visa from the person referred to by the Deputy was received in the Visa Office, Dublin on 5 April, 2016. I am further advised that 'join family' visa applications, where the sponsor is an Irish national, can be expected to be dealt with within 6 months of receipt of all the required documentation as set out in the Family Reunification Policy Document published on 1 January, 2014. This business target reflects the detailed assessment that is required to be carried out in relation to applications for family reunification. Applications are processed in order of date received in the Dublin Visa Office.
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 (visamail@justice.ie).
126. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality when she will publish the mediation Bill; and if she will make a statement on the matter. [10218/16]
View answerThe position is that the Mediation Bill is currently being drafted in the Office of the Parliamentary Counsel. It will introduce an obligation on solicitors and barristers to advise any person intending to commence legal proceedings to give consideration to using mediation as an alternative means of resolving disputes. It is intended that this will help to reduce recourse to the courts, as well as the costs and delays which may arise during court proceedings. The Bill will also provide that a court may, following the commencement of any such proceedings, on its own initiative or at the request of a party to the proceedings, invite the parties to consider mediation as an alternative option and suspend the proceedings to facilitate that process.
While I am not in a position at present to provide a publication date for the Bill, my intention is to publish it and proceed with enactment as soon as possible.
127. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality her actions to tackle recent gangland feuding between criminal gangs across County Dublin, including the resources being spent; and if she will make a statement on the matter. [10227/16]
View answerAs the Deputy is aware, the Taoiseach and I recently met with senior Garda management and were briefed on the significant progress being made in investigations into recent gang-related murders in the Dublin region. As these appalling crimes are the subject of ongoing Garda investigations it would not be appropriate for me to make any more detailed comment at this time. There are very real challenges in counteracting those who are determined to perpetuate a cycle of mindless violence without any regard to human life or public safety. However, we should not lose sight of the fact that An Garda Síochána has in the past successfully faced-down criminal gangs who believed they were above the law. I can assure the Deputy that I remain committed to ensuring that An Garda Síochána have the necessary resources to confront and oppose the violent thugs who seek to perpetrate such heinous crimes in our State.
At the request of the Commissioner earlier this year, the Government moved decisively to strengthen Garda resources to deal with gang related crime in the Dublin area, with a special allocation of €5 million to support concentrated policing measures, including steps to establish a dedicated Armed Support Unit (ASU) in the Dublin area. The Dublin ASU is in the process of being set up and trained. However, it must be clearly understood that pending the full establishment of the new unit, arrangements have been put in place so that the necessary armed support is being provided on an overtime basis. I am being kept up to date on this work and I can assure the Deputy that the establishment of the Unit, including all of the necessary training and preparatory arrangements, is being progressed as a matter of priority. The Garda response includes highly visible policing, the use of armed checkpoints and targeted and intelligence based operations, to disrupt and prevent incidents as well as detecting and prosecuting those involved. I should add that, contrary to suggestions made in some quarters, there has been no diminution in these operations in recent weeks and the Garda authorities have assured me that the opposite is in fact the case.
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. I might add that the Programme for Government also commits to ensuring that Garda specialist units, such as the armed units which respond to gang-related violence, are enabled to operate at full strength.
I remain in close contact with the Commissioner and will respond promptly if she feels there are further measures, including in relation to Garda resources, that could be taken to oppose and dismantle these criminal networks, and the evil drugs trade which is at the heart of much of their activities.
128. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice and Equality further to a television programme (details supplied) regarding the miscarriages of justice in the Sallins mail train robbery case, her plans to review the alleged behaviour of members of An Garda Síochána. [10257/16]
View answer129. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice and Equality the number, date and results of reviews that were instigated as a result of the Sallins mail train robbery in view of a recent television programme (details supplied) regarding alleged miscarriages of justice. [10258/16]
View answerI propose to take Questions Nos. 128 and 129 together.
The Deputy will be aware that this case relates to an offence that was committed over 40 years ago. The events in question culminated in a pardon for a particular individual in 1992. I am not aware of any matter of public interest which would necessitate reopening these matters.
Furthermore the specific information sought by the Deputy is not readily available and could only be obtained by the disproportionate expenditure of time and resources relative to the information sought.
130. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality to strengthen and reinforce community policing by An Garda Síochána as the core approach of all police work, based on visibility on the ground and relationship-building with the local community. [10316/16]
View answer157. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if community policing is available to Garda divisions and continues as a feature of policing; and if she will make a statement on the matter. [10630/16]
View answerI propose to take Questions Nos. 130 and 157 together.
At the outset I might point out that the Programme for Government underlines the need for close engagement between An Garda Síochána and local communities as part of the strong Community Policing ethos which is already an essential part of the Garda approach to policing.
Deputies will appreciate that the planning and implementation of any policing initiatives or strategies are matters for the Garda Commissioner and her senior management team and I do not have a direct role in this regard. However, I am advised that the Garda National Model of Community Policing plays a key part in responding to crime by taking into account and responding to local conditions and needs. Under this model there is a community policing team in each District, headed up by a Sergeant. Clear objectives are set, such as high visibility in the community, ease of contact by members of the public, and enhanced support for crime prevention strategies.
I have been informed by the Garda authorities that on the 31 March 2016, the latest date for which figures are readily available, there were 785 Community Gardaí throughout the State. It is also worth noting that all Gardaí have a role to play in Community Policing in carrying out their duties. In addition, the National Community Policing Office, attached to the Garda Community Relations Bureau, captures best practice in community policing initiatives and disseminates these practices through its communication network.
As part of the Community Policing approach Gardaí engage with a wide range of local groups, including informal community groups as well participating in more formal structures such as Joint Policing Committees. In addition Gardaí support the operation of in excess of 3,700 Neighbourhood Watch and Community Alert groups established countrywide. These are run as a partnership with local Gardaí and help to promote responsible community involvement and assist in promoting good practice in crime prevention. To further support the establishment of such local initiatives An Garda Síochána have published Community Crime Prevention Guidelines as well as guidelines for local Text Alert Groups. The Garda Text Alert Scheme is a particularly successful example of Community Policing in action with over 700 local groups in operation, involving in excess of 130,000 subscribers and with an estimated 200,000 text messages sent each month under the scheme. I am informed that every Garda Division, rural and urban, now offers the Text Alert service.
Finally, Deputies 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 Gardai 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 throughout the country.
131. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality her role in tackling the endemic and intergenerational disadvantage that allows the drugs trade to flourish, and in the review of the national drugs strategy; and if she will make a statement on the matter. [10317/16]
View answerThe problem of drug misuse remains one of the most complex social problems that we face, bringing with it an array of social and economic issues.
While the underlying causes of drug misuse can be many and are not confined to any social class undoubtedly there are strong links with poverty and issues of social inclusion.
As highlighted by the Deputy, a feature of drug markets which are so destructive and damaging for our local communities, is that they can more readily develop in areas where there is a clustering of poverty and a concentration of social problems.
It is for this reason that the Government in its formulation and implementation of our overall drug policy, as set out in the National Drugs Strategy 2009-2016, brings together all relevant Government Departments and Agencies as well as the Community and Voluntary sector to work together and in close partnership.
The Strategy adopts a comprehensive and pillar based approach to the problem, across the five pillars of drug supply reduction, prevention, treatment, rehabilitation and research. My Department and its agencies continue to progress the actions assigned to the criminal justice sector under the Strategy and to actively participate in all of the structures in place including for example, the Oversight Forum, the National Advisory Committee on Drugs and Alcohol and the National Co-ordinating Committee on Drugs and Alcohol Task Forces.
Drug policy development under the current Strategy was further aligned with wider social policy development at Government level through the reporting on to the appropriate Cabinet sub-committee which dealt with all aspects of social inclusion.
In terms of the development of the new National Drugs Strategy the Department of Health is leading on the formulation of our overall approach for the period after 2016 to meet the challenges into the future. The intention over the coming months is to lay the groundwork for a concise and focused Strategy, placing a clear emphasis on the practical implementation of actions. An examination of the approach to drugs policy and practice in other jurisdictions will help to identify any additional evidence based approaches which might be considered in an Irish context. The development of the new Strategy will provide an opportunity to have a constructive and wide-ranging public dialogue on our current drug policies and our approaches to the issue.
The Department of Health has established a Steering Group, which includes officials from my own Department, to oversee a review of the current Strategy and develop proposals for a new Strategy. This will involve a comprehensive consultation process which is expected to be announced shortly.
132. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to amend bail conditions. [10376/16]
View answerUnder the Programme for a Partnership Government, a new Bail Bill is being drafted on a priority basis to provide for stricter bail terms for repeat serious offenders and to strengthen Garda powers to deal with breaches of bail.
As well as the bail conditions that a court can currently impose, the Bail Bill will provide that a court can require an accused person not to have contact with the victim of the alleged offence or any member of the victim’s family. The courts will also be given the power to impose a condition prohibiting an accused person from driving in a case where the person has been charged with a serious road traffic offence and the court considers that such a condition is necessary to prevent the commission of a further serious road traffic offence. In particular, the Bill will make provision for the imposition of curfews as a condition of bail.
In addition, the Bill will give the Garda Síochána new powers of arrest without warrant for a breach of bail conditions where it is necessary to arrest the person immediately to prevent absconding or to prevent harm, interference or intimidation to the victim or a witness.
In accordance with a specific commitment in the Programme for a Partnership Government, the Bail Bill will also contain streamlined proposals for the electronic monitoring of persons on bail and it will provide that electronic monitoring may be imposed as a bail condition if the prosecution applies to the court for that condition. This will facilitate the focused use of electronic monitoring for persons on bail.
133. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to introduce a public defender system; and if she will make a statement on the matter. [10377/16]
View answerThe Criminal Legal Aid Review Committee reported in 1999 on the feasibility of introducing a Public Defender System for Ireland. The conclusion at that time was that the existing private practitioner system should be continued as it is a more equitable, effective and economic system than a Public Defender System.
In the Programme for a Partnership Government there is a commitment to examine this issue afresh and to report to Government and the Oireachtas Committee within six months. I have asked my Department to review the above-mentioned report and to re-assess the relevant issues in the light of present day requirements and conditions.
134. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality how she will implement the key recommendations of the report of the working group on the protection process, including direct provision and supports to asylum seekers, in June 2015; and if she will make a statement on the matter. [10404/16]
View answerThe Report of the Working Group on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers, has implications for a number of Government Departments and services.
The 173 recommendations in the Report were taken forward by the Cabinet Committee on Social Policy and Public Service Reform. To date, some 90 of the recommendations have been fully implemented and a further 26 are in the process of being implemented. Work on implementing a further number of the recommendations is continuing. The International Protection Act 2015 responds to 26 of the Report's recommendations. The Act provides for the introduction of a single application procedure for international protection which is a key recommendation of the Report. The single procedure is specifically aimed at addressing the length of time persons spend in the protection process. The new procedure will significantly streamline and speed up the processing of protection applications and will reduce the length of time that persons spend in the Direct Provision system. Preparations for commencement of the single procedure are progressing.
At the end of April there were some 4,400 persons living in the direct provision system. This is a reduction from the figure of approximately 5,100 at the end of 2014 notwithstanding that the number of persons seeking asylum last year more than doubled compared with 2014. This reflects the significant progress made in processing cases on hand over this period, including in particular those over 5 years in the system, which is another key recommendation in the report.
135. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 230 of 20 April 2016, when she will provide the information promised on appointments to State boards, agencies and bodies; the reason for the delay; and if she will make a statement on the matter. [10409/16]
View answerThe Programme for Government states that in November 2014, a new system for appointments to state boards, including an independent, centralised application and short-listing process run by the Public Appointments Service was introduced. In the first year of operation, over 4,200 applications were submitted.
Under this system, in making board appointments, ministers can only appoint applicants who have been vetted and shortlisted by the Public Appointments Service. The PAS will be asked to take account of diversity and balance, including gender, geography, etc.
The Government will now strengthen this system by putting it on a statutory footing by the end of 2016.
The information sought by the Deputy in Parliamentary Question No. 230, for answer on 20 April 2016 is set out in the following table. This question concerned the regional break down of all members appointed by the Government or by myself to State Boards, Agencies and Bodies in 2015 and to date in 2016.
|
Board/Agency |
Number of Appointees |
Location |
|
Classification of Films Appeal Board |
9 |
Dublin x 4 Rest of Leinster x 3 Munster x 1 Connacht x 1 |
|
Charities Regulatory Authority |
1 |
Dublin x 1 |
|
Property Registration Authority |
4 |
Dublin x 1 Rest of Leinster x 2 Connacht x 1 |
|
Property Services Regulatory Authority |
4 |
Dublin x 2 Rest of Leinster x 2 |
|
Property Services Appeal Board |
1 |
Rest of Leinster x 1 |
|
Judicial Appointments Advisory Board |
1 |
Dublin x 1 |
|
The Policing Authority Board |
9 |
Dublin x 5 Rest of Leinster x 1 Connacht x 2 Ulster x 1 |
|
Refugee Appeals Tribunal |
18 |
Dublin x 7 Rest of Leinster x 3 Munster x 6 Connacht x 2 |
|
Irish Naturalisation & Immigration Service |
15 |
Dublin x 12 Munster x 2 Ulster x 1 |
|
Office of the Refugee Applications Commissioner |
29 |
Dublin x 16 Rest of Leinster x 3 Munster x 7 Connacht x 1 Ulster x 2 |
|
Office of the Inspector of Prisons - Munster Region |
1 |
Munster x 1 |
|
Parole Board |
7 |
Dublin x 5 Rest of Leinster x 1 Munster x 1 |
|
Prison Visiting Committees |
45 |
Dublin x 12 Rest of Leinster x 13 Munster x 14 Connacht x 4 Ulster x 2 |
136. Deputy Noel Rock asked the Tánaiste and Minister for Justice and Equality to include Whitehall Garda station in any review of station closures. [10430/16]
View answerAs the Deputy will be aware, 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.
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.
As a result, the Garda District and Station Rationalisation Programme was implemented and resulted in the closure of 139 Garda Stations throughout the State, including Whitehall Garda Station in 2012.
In accordance with the Rationalisation Programme, the former Garda Station at Whitehall 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, I am advised, has 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.
137. Deputy Seán Haughey asked the Tánaiste and Minister for Justice and Equality the cost of refurbishing or upgrading equipment in Malahide, Howth and Raheny Garda stations in each of the years 2013 to 2016 to date; and if she will make a statement on the matter. [10437/16]
View answerAs the Deputy will appreciate, the Office of Public Works has the primary responsibility for the provision and maintenance of Garda accommodation and works closely with the Garda authorities in this regard.
I have requested the information sought by the Deputy from the Garda authorities and I will be in contact with the Deputy when this information is to hand.
138. Deputy Seán Haughey asked the Tánaiste and Minister for Justice and Equality the number of members of An Garda Síochána who participated in the advanced driving courses in each of the years 2014 to 2016 to date; when the next course will commence; and if she will make a statement on the matter. [10438/16]
View answerThe information sought by the Deputy has been requested from the Garda Commissioner and I will be in contact with the Deputy when the information is to hand.
139. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality if she will support the Harmful and Malicious Electronic Communications Bill 2015. [10491/16]
View answerAs the Deputy may be aware, the Harmful and Malicious Electronic Communications Bill 2015 was debated in the Seanad last July. At that time I referred to the work of the Law Reform Commission (LRC) which is currently carrying out a project on Cybercrime affecting personal safety, privacy and reputation, including cyberbullying. In November 2014 the LRC published an Issues Paper and sought the views of interested parties on the key issues it had identified. In April 2015 it held a seminar to discuss these issues. After the Seanad debate I forwarded a copy of the Bill to the LRC in the context of the issues under examination. I believe that it would be premature for the Harmful and Malicious Electronic Communications Bill 2015 to be considered further in advance of the publication of the LRC Report and consideration of its recommendations. It is hoped that the LRC Report will be published in the coming months.
140. Deputy Jim Daly asked the Tánaiste and Minister for Justice and Equality the status of an application for citizenship by a person (details supplied); and if she will make a statement on the matter. [10525/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation on behalf of the person referred to by the Deputy is ongoing. A letter issued to the parents of the person concerned on 5 May 2016 requesting additional information. Upon receipt of the requested information, or in the event that the person concerned does not respond, the case will be submitted to me for decision in due course.
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.
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.
141. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality if the new permission to reside income thresholds for retirees from the US apply to persons who have purchased homes in Ireland; and if she will make a statement on the matter. [10526/16]
View answerI wish to inform the Deputy that persons who have already been granted permission prior to the publication last year of the financial thresholds are not affected and their permissions can be renewed on the same terms as before provided they continue to comply with the terms of their permission and remain law abiding.
For persons who have not yet received permission and who were in the process of moving to Ireland prior to becoming aware of the financial requirements introduced last year, each case will be considered on its merits. The fact that a person had already purchased a home in Ireland would be a relevant factor in any consideration.
More generally, 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.
142. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality if the delays in processing applications for join or accompany EU family member C visas by the Irish Naturalisation and Immigration Service are due to an ongoing Garda operation named Operation Vantage; if all new applicants will be affected by this operation; if, as disclosed at an immigration judicial review on 19 February 2016 in the High Court (details supplied), there is a backlog of 7,000 EU treaty rights visa applications waiting to be processed; her plans to tackle this issue; and if she will make a statement on the matter. [10567/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there has been an exponential increase since the second quarter of 2015 in the number of visa applications from 'qualifying' and 'permitted' family members of EU citizens who wish to travel to Ireland under the terms of 2004/38/EC Directive on the rights of citizens of the Union and their family members to move and reside freely within the territory of Member States. This has given rise to a current caseload in the region of 8,000 or so applications.
While every effort is made to process these applications within a reasonable time frame, processing times generally will vary having regard to the volume of applications in each processing centre, their complexity and the resources available.
As proceedings in relation to a number of such applications are currently before the courts, the Deputy will appreciate that I am somewhat limited in what I can say on the matter. I can nevertheless say that these cases have to be assessed very carefully to ensure that any fraudulent applications or potential abuses of the EU Directive are detected and dealt with appropriately. This also impacts on processing times.
143. Deputy James Browne asked the Tánaiste and Minister for Justice and Equality if the downgrading of Gorey Garda station will be the subject of the proposed review of the closure of Garda stations under the programme for Government; and if she will make a statement on the matter. [10578/16]
View answerThe Programme for a Partnership Government recognises that community policing is the embodiment of An Garda Síochána, providing a means of recognising that every community – both urban and rural – has its own concerns and expectations.
It commits the Government to ensuring visible, effective and responsive policing in every community, including the most minimal response times possible.
In support of this objective, 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.
Under the Programme, the Government is committed to launching a pilot scheme to reopen 6 Garda stations both urban and rural to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order. This will be initiated within two months and I intend to consult with Commissioner and the Policing Authority to agree the process through which the Commissioner will identify the 6 stations that will be reopened under the pilot.
The Deputy will be aware that some 139 Garda stations were closed on foot of the implementation of the Garda District and Station Rationalisation Programme, which was implemented in 2012 and 2013, following the completion by An Garda Síochána of a comprehensive review of its district and station network.
As the Garda Commissioner is responsible for the effective and efficient use of the resources at her disposal, the review was undertaken with the objective of identifying opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within the organisation. It concluded that a revised district and station network commensurate with the organisation’s resource base would best meet public demand.
I have been informed by the Garda authorities that 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.
On 10 November 2013, the Gorey District was amalgamated with the Enniscorthy District resulting in an enlarged Enniscorthy District and I am informed that no station within the former Gorey District was closed.
While I welcome the beneficial outcomes that have accrued to An Garda Síochána arising from the District and Station Rationalisation Programme, the Programme for Government recognises that there is a need for a review along the lines that I have outlined to the House.
My officials will shortly be in contact with the Policing Authority with a view to putting in place the necessary arrangements for the review and I will ensure that the outcome of the review is put before the House.
144. Deputy Eoghan Murphy asked the Tánaiste and Minister for Justice and Equality to assist with an issue (details supplied) regarding a visa application; and if she will make a statement on the matter. [10595/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application was received from the person referred to by the Deputy on the 12/01/2015. This application was refused on the 06/03/2015 and the original decision was upheld on appeal. An appeal refusal letter was issued to the applicant on the 21/04/2015.
It is of course open to the applicant to make a fresh visa application at any time. It would be advisable however that any fresh application should address the original refusal issues. At this time no new application has been received by the Visa Office.
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 (visamail@justice.ie).
145. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality if she will address the urgent need to introduce stricter regulations around the practice of receivership and associated State offices such as county registrars and sheriffs. [10617/16]
View answerThe Companies Act 2014, which is the responsibility of my colleague the Minister for Jobs, Enterprise and Innovation, entered into force on 1 June 2015 and has updated and codified company law in this jurisdiction; it continues to provide a range of possible remedies for debenture holders and lending institutions in the event of a borrower encountering financial difficulties. These include the appointment of a receiver, an examinership process, and liquidation in those cases in which the company is beyond rescue. The Act includes detailed provisions which regulate the appointment and the powers of receivers, examiners and liquidators respectively. However, the 2014 Act does not specify any regulatory standards for the appointment of a receiver.
The Company Law Review Group is a statutory body which advises the Minister for Jobs, Enterprise and Innovation on the review and development of company law in this jurisdiction. As part of its Work Programme 2014 – 2016, the Review Group is examining whether it is desirable or necessary to further amend company law arising from case law developments and any submissions received on matters which have not been addressed in the 2014 Act.
In regard to the appointment of a receiver, the position is that such an appointment may be made under company law or land and conveyancing law (the Land and Conveyancing Law Reform Act 2009 for mortgages created after 1 December 2009 and the Conveyancing Act 1881 for mortgages created prior to that date). Courts may also exercise discretionary powers to appoint a receiver on application from a secured creditor. Apart from these sources, the instrument creating the charge may also contain broader contractual terms in relation to appointment of a receiver and additional powers which he or she may exercise on appointment. The Sheriff (or County Registrar acting as Sheriff) is responsible to the Court for the Enforcement of the Court Orders and the law and procedures governing the execution of Court Orders is contained in the Enforcement of Court Orders Acts, 1926 to 1940 and the Rules of Court made thereunder, and I wish to inform the Deputy that I have no operational function in this matter.
