Written Answers Nos. 62-84
62. Deputy Lisa Chambers asked the Tánaiste and Minister for Justice and Equality to request the Policing Authority to review the dispersement of Garda stations and to assess the impact of station closures in County Mayo since 2011; and if she will make a statement on the matter. [9977/16]
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.
While I welcome the beneficial outcomes that have accrued to An Garda Síochána arising from the 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.
63. Deputy Mary Butler asked the Tánaiste and Minister for Justice and Equality the number of Garda stations and the number of gardaí in each station in County Waterford on 31 March 2011 and on 31 March 2016; and if she will make a statement on the matter. [10004/16]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keep 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 informed by the Garda Commissioner, in summary, that there were 19 stations on 31 March 2011 with 301 members assigned to the Waterford Division. On 31 March 2016 there were 13 stations in the Waterford Division with 283 Gardaí assigned across the Division. As the Deputy will understand, there is a significant amount of information available down to station / sub-district level which he has requested. For ease of reference I have provided a breakdown of the detailed information requested overleaf for the record.
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.
As the Deputy will be aware, since the Garda College reopened in September 2014, a total of 700 Garda trainees have been recruited with a further 450 planned to be recruited during the remainder of 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 nationwide. I am informed by the Garda Commissioner that 19 newly attested Gardaí have been assigned to Waterford Garda 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.
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.
Waterford Division 31 March 2016
|
Waterford Division 31 March 2016 |
||
|
District |
Station |
Total |
|
AGLISH |
1 |
|
|
AN RINN |
1 |
|
|
ARDMORE |
1 |
|
|
CAPPOQUIN |
2 |
|
|
DUNGARVAN |
41 |
|
|
LISMORE |
4 |
|
|
TALLOW |
3 |
|
|
DUNGARVAN |
Total |
53 |
|
KILMACTHOMAS |
9 |
|
|
TRAMORE |
35 |
|
|
TRAMORE |
Total |
44 |
|
DUNMORE EAST |
2 |
|
|
FERRYBANK |
5 |
|
|
PASSAGE EAST |
1 |
|
|
WATERFORD |
178 |
|
|
WATERFORD |
Total |
186 |
|
Waterford Division |
Total |
283 |
Waterford Division 31 March 2011
|
District |
Station |
Total |
|
AGLISH |
1 |
|
|
ARDMORE |
2 |
|
|
BALLYMACARBERRY |
2 |
|
|
CAPPOQUIN |
2 |
|
|
DUNGARVAN |
50 |
|
|
LISMORE |
5 |
|
|
RING |
1 |
|
|
TALLOW |
3 |
|
|
DUNGARVAN |
Total |
66 |
|
KILL |
1 |
|
|
KILMACTHOMAS |
5 |
|
|
KILMEADEN |
1 |
|
|
LEAMYBRIEN |
1 |
|
|
PORTLAW |
3 |
|
|
RATHGORMACK |
1 |
|
|
TRAMORE |
38 |
|
|
TRAMORE |
Total |
50 |
|
DUNMORE EAST |
3 |
|
|
FERRYBANK |
7 |
|
|
PASSAGE EAST |
1 |
|
|
WATERFORD |
174 |
|
|
WATERFORD |
Total |
185 |
|
Waterford Division |
Total |
301 |
64. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her views on the level of engagement she has had with the Department of Foreign Affairs and Trade on special measures that could be taken when processing refugees, particularly unaccompanied minors; and if she will make a statement on the matter. [10050/16]
View answerAs the Deputy will be aware, Ireland is a participant in the EU Relocation Programme under which applicants for asylum in Greece and Italy are relocated to other EU Member States to have their asylum applications processed there. Staff of my Department, including staff working on the Irish Refugee Protection Programme, are in routine ongoing contact with colleagues in the Department of Foreign Affairs and Trade on a range of issues relating to the Relocation Programme. This level of engagement and contact is fully reciprocated by colleagues in the Department of Foreign Affairs and Trade. This includes, for example, in-depth engagement with Irish diplomatic staff in relevant Irish embassies including the Irish Embassy in Athens, Greece. Contact is at all levels up to and including Ambassador level. For example, staff of the Irish Embassy in Greece have been of invaluable assistance to my Department in dealing with a range of issues on the ground. Officials from the Department of Foreign Affairs and Trade are also members of the Steering Group established to oversee the implementation of the Irish Refugee Protection Programme. This is a cross Departmental / State Agency group with membership also drawn from the Red Cross and the UNHCR.
In all matters relating to unaccompanied minors my Department takes the advice of Tusla, the Child and Family Agency, and the Department of Children and Youth Affairs.
65. Deputy Eamon Scanlon asked the Tánaiste and Minister for Justice and Equality the number of Garda Síochána stations and the number of gardaí in each station in counties Sligo and Leitrim on 31 March 2011 and on 31 March 2016; and if she will make a statement on the matter. [9998/16]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keep 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 informed by the Garda Commissioner, in summary, that there were 30 stations on 31 March 2011 with 324 members assigned to the Sligo/Leitrim Division. On 31 March 2016 there were 17 stations in the Sligo/Leitrim Division with 293 Gardaí assigned across the Division. As the Deputy will understand, there is a significant amount of information available down to station / sub-district level which he has requested. For ease of reference I have provided a breakdown of the detailed information requested overleaf for the record.
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.
As the Deputy will be aware, since the Garda College reopened in September 2014, a total of 700 Garda trainees have been recruited with a further 450 planned to be recruited during the remainder of 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 nationwide. I am informed by the Garda Commissioner that 5 newly attested Gardaí have been assigned to Sligo/Leitrim Garda 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.
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.
Sligo/Leitrim Division 31 March 2016
|
District |
Station |
Total |
|
BALLYMOTE |
28 |
|
|
ENNISCRONE |
7 |
|
|
GURTEEN |
2 |
|
|
RIVERSTOWN |
3 |
|
|
TUBBERCURRY |
8 |
|
|
BALLYMOTE |
Total |
48 |
|
BALLINAMORE |
7 |
|
|
CARRICK-ON-SHANNON |
48 |
|
|
CARRIGALLEN |
2 |
|
|
DRUMSHAMBO |
6 |
|
|
KINLOUGH |
5 |
|
|
MANORHAMILTON |
22 |
|
|
MOHILL |
6 |
|
|
LEITRIM |
Total |
96 |
|
COLLOONEY |
5 |
|
|
GRANGE |
6 |
|
|
ROSSES POINT |
1 |
|
|
SKREEN |
1 |
|
|
SLIGO |
136 |
|
|
SLIGO |
Total |
149 |
|
Sligo/Leitrim |
Total |
293 |
Sligo/Leitrim Division 31 March 2011
|
- |
- |
Sligo/Leitrim Division 31 March 2011 |
|
District |
Station |
Total |
|
ACLARE |
2 |
|
|
BALLYFARNAN |
1 |
|
|
BALLYMOTE |
28 |
|
|
BUNNANADDEN |
1 |
|
|
EASKEY |
2 |
|
|
ENNISCRONE |
5 |
|
|
GURTEEN |
2 |
|
|
RIVERSTOWN |
2 |
|
|
TUBBERCURRY |
7 |
|
|
BALLYMOTE |
Total |
50 |
|
BALLINAMORE |
6 |
|
|
CARRICK-ON-SHANNON |
44 |
|
|
CARRIGALLEN |
1 |
|
|
CLOONE |
1 |
|
|
DROMOD |
1 |
|
|
KESHCARRIGAN |
1 |
|
|
MOHILL |
5 |
|
|
CARRICK-ON-SHANNON |
Total |
59 |
|
DROMAHAIR |
3 |
|
|
DRUMKERRIN |
3 |
|
|
DRUMSHAMBO |
4 |
|
|
GLENFARNE |
1 |
|
|
KILTYCLOGHER |
1 |
|
|
KINLOUGH |
5 |
|
|
MANORHAMILTON |
22 |
|
|
MANORHAMILTON |
Total |
39 |
|
CLIFFONEY |
1 |
|
|
COLLOONEY |
5 |
|
|
COOLANEY |
1 |
|
|
GRANGE |
5 |
|
|
ROSSES POINT |
2 |
|
|
SKREEN |
1 |
|
|
SLIGO |
161 |
|
|
SLIGO |
Total |
176 |
|
Sligo/Leitrim |
Total |
324 |
66. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality if she is aware of concerns regarding the opening times for Cabra Garda station; if the station will revert to 24-hour opening; and if she will make a statement on the matter. [10052/16]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible for decisions relating to the distribution of resources among the various Garda Divisions and Districts, including decisions in relation to Garda station opening hours. I am advised that an increase in the opening hours of any Garda Station would necessitate the deployment of additional Garda personnel on indoor administrative duties who may be more effectively employed on outdoor policing duties.
I am also advised that Garda management keeps this under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of available resources .
67. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality the number of immigrants that Ireland has received from Syria; and if she will make a statement on the matter. [9986/16]
View answerSince the commencement of the Syrian crisis Ireland has taken in Syrian nationals through a variety of specific measures, details of which are set out below. In the case of refugee resettlement some of those included are not of Syrian nationality but were persons in Syria and displaced on account of the ongoing conflict there and have been included on that basis.
Under the EU resettlement initiative, in 2015 a total of 176 refugees displaced by the Syrian conflict were admitted from Jordan and from Lebanon. The nationalities were Syrian, Iraqis that were refugees in Syria, Syrian Iraqis and Syrian Palestinians. This year a further 100 Syrians have been admitted from Lebanon with 10 more due to arrive on Tuesday 17th May and additional numbers are expected later this year. These numbers are part of the overall commitment of the Government to take a total of 520 refugees under this EU initiative. In addition, under the National Resettlement Programme, in 2013 a total of 36 refugees were admitted of which 31 Afghan refugees were admitted from Damascus and 5 Palestinians were admitted from Syria as a medical case. The Afghans were refugees in Syria and were displaced once again by the Syrian conflict and were admitted under an EU funded project. In 2014 a further 89 refugees, displaced by the Syrian conflict, were admitted from Jordan.
Under the EU Relocation Programme, Ireland is committed to taking over 2,500 persons seeking asylum in Greece and Italy to have their applications for asylum processed in Ireland. It is expected that many of the overall total will be Syrian nationals. A total of 10 Syrians have arrived to-date from Greece with a further 31 Syrians expected to arrive in the coming weeks. A pledge for a further 40 has been submitted to Greece and is being progressed. A pledge of 20 was also made to Italy by Ireland, however, some procedural issues require to be resolved before these can proceed.
Overall, the position is that Ireland remains committed to the pledges it has made. While the initial pace of implementation has been slow due to operational issues in Greece and Italy, numbers are expected to increase significantly in the coming months as these issues are resolved.
The Syrian Humanitarian Admissions Programme (SHAP) was introduced in March 2014 and closed April 2014. This programme allowed naturalised Irish citizens of Syrian birth and Syrian nationals already lawfully residing in the State, to apply for vulnerable close family members, present in Syria or who have fled from Syria to surrounding countries since the outbreak of the conflict in March 2011 to join them here on a temporary basis for up to two years. Those admitted under the Programme are entitled to work, establish a business, or invest in the State. A key condition of the SHAP is that these persons should not become a burden on the state. A total of 44 applications involving 119 beneficiaries were approved .
Overall, there were a total of 446 Syrian nationals registered with the Garda National Immigration Bureau at the end of 2015. The number legally resident here would be higher as persons under the age of 16 are not required to register. This figure would also exclude persons who have applied for asylum or subsidiary protection.
68. Deputy Clare Daly asked the Taoiseach the Minister responsible for setting up the citizens' assembly relating to the eighth amendment to the Constitution; how representatives and members of the assembly will be selected; when this process will begin, if it will be given a definitive time frame to conclude its deliberations; and if he will make a statement on the matter. [10164/16]
View answerAs the Deputy is aware, in the Programme for a Partnership Government the Government has committed to establishing a Citizens’ Assembly, within six months and without participation by politicians, with a mandate to look at a limited number of key issues over an extended time period. These issues will not be limited to those directly pertaining to the Constitution and may include issues such as, for example how we, as a nation, best respond to the challenges and opportunities of an ageing population.
The Government will ask the Citizens’ Assembly to make recommendations to the Dáil on further constitutional changes, including on the Eighth Amendment, on fixed term parliaments and on the manner in which referenda are held (e.g. should ‘super referendum days’, whereby a significant number of referenda take place on the same day, be held).
Allocation of ministerial responsibility for the Citizens' Assembly will be determined shortly. Once this has occurred, the arrangements relating to the selection of members, time frames etc will be considered.
69. Deputy Thomas Pringle asked the Taoiseach the status of the reports of the Constitutional Convention from the Thirty-First Dáil Éireann and if he will bring them before the new Dáil, the new constitutional convention or the relevant Oireachtas committees; and if he will make a statement on the matter. [10405/16]
View answerThe previous Government committed to responding to the Reports of the Convention on the Constitution in the Dáil. During its term in office, it responded to all nine of the Convention’s Reports, as follows:
- to the First Report, on Reducing the Voting Age and the Presidential Term, on 18 July 2013,
- to the Second Report, on the Role of Women and Women in Politics, on 10 October 2013,
- to the Third Report, on Same Sex Marriage, on 17 December 2013,
- to the Fourth Report, on Electoral Reform, on 18 December 2014,
- to the Sixth Report, on Blasphemy, on 2 October 2014, and
- to the Fifth, Seventh, Eighth and Ninth Reports, on amending the Constitution to give citizens resident outside the State the right to vote in Presidential elections; Dáil Reform; Economic, Social and Cultural Rights; and Conclusions and Final Recommendations, respectively, on 14 January 2016.
The Reports contained 38 recommendations, at least 18 of which would involve change in the text of the Constitution.
In responding to the Convention’s Reports, the Government accepted six recommendations for Constitutional change: on marriage equality, reducing the voting age to 16, reducing the age threshold for candidacy for Presidential elections, removing the offence of blasphemy from the Constitution, enhancing the reference in the Constitution to the office of Ceann Comhairle to give it more status, and including a reference to Oireachtas Committees in the Constitution.
Referendums were held on two of these issues in May 2015, on reducing the age threshold for candidacy in Presidential elections and on marriage equality. The Programme for a Partnership Government proposes that referenda be held on a further two of these issues - the question of amending Article 40.6.1(i) of the Constitution to remove the offence of blasphemy and giving the office of Ceann Comhairle constitutional standing. It also proposes that a referendum be held on Article 41.2.1° regarding a “woman’s life within the home”, an issue considered by the Convention in its Second Report.
The Programme for a Partnership Government also states that the Eighth Report of the Convention on the Constitution, on economic, social and cultural rights, will be referred to the new Oireachtas Committee on Housing for consideration of the substantial questions it raises on the balance of rights, proper governance and resources.
In respect of the Fifth Report on amending the Constitution to give citizens resident outside the State the right to vote in Presidential elections, the last Government had indicated that it was necessary to analyse the full range of practical and policy issues that would arise in any significant extension of the franchise, before a decision could be made on the holding of a referendum.
That analysis is ongoing and will be considered by Government in due course.
As regards the recommendations relating to Dáil Reform contained in the Convention's Seventh Report, Standing Orders were amended in January to provide for election of the Ceann Comhairle by secret ballot. This occurred on the first sitting day of the new Dáil on 10 March. Standing Orders were also amended to introduce a system whereby the Taoiseach will appear before the Working Group of Committee Chairs twice a year. Provision has also been made by Standing Orders for the proportionate allocation of Committee chairs using the d’Hondt system.
As all of the Convention’s Reports have been responded to and actions taken as summarised above, it is not proposed that the Reports be brought before the new Dáil or a new Convention. The Deputy will however be aware that the new Government has committed in the Programme for a Partnership Government to the establishment of a Citizens’ Assembly, within six months and without participation by politicians, with a mandate to look at a limited number of key issues over an extended time period.
These issues will not be limited to those directly pertaining to the Constitution and may include issues such as, for example, how we, as a nation, best respond to the challenges and opportunities of an ageing population. The Citizens’ Assembly will also be asked to make recommendations to the Dáil on further constitutional changes, including on the Eighth Amendment, on fixed term parliaments and on the manner in which referenda are held (e.g. should ‘super referendum days’, whereby a significant number of referenda take place on the same day, be held).
70. Deputy Timmy Dooley asked the Tánaiste and Minister for Justice and Equality the number of fixed penalty notices issued to cyclists since the commencement of the Road Traffic Act 2015 by the alleged offences for which these penalties were issued. [9830/16]
View answerAs the Deputy will appreciate, the enforcement of road traffic legislation is a matter for An Garda Síochána. The introduction of Fixed Charge Notices (FCNs) for cyclists came into effect on 31 July 2015 (Road Traffic (Fixed Charge Offences - Cyclists) Regulations 2015 - S.I. No. 331 of 2015 refers). I am informed by the Garda authorities that a total of 691 FCNs have been issued to cyclists since the introduction of fixed charge offences for cyclists came into effect. The total number of FCNs issued in respect of each cyclist offence is broken down as follows:
Breakdown of Fixed Charge Offences for Cyclists:
31 July 2015 - 12 May 2016
|
Offence |
Number of FCNs Issued |
|
Cyclist riding a pedal cycle without reasonable consideration |
86 |
|
No front lamp or rear lamp lit during lighting-up hours |
153 |
|
Cyclist in pedestrianised street or area |
51 |
|
Cyclist proceeding past traffic lights when red lamp illuminated |
382 |
|
Cyclist proceeding past cycle traffic lights when red lamp illuminated |
18 |
|
Cyclist failing to stop for a School Warden sign |
0 |
|
Cyclist going beyond a stop line, barrier or half barrier at a railway level crossing, swing bridge or lifting bridge, when the red lamps are flashing |
1 |
|
Total |
691 |
These figures are provisional, operational and subject to change.
71. Deputy Gerry Adams asked the Tánaiste and Minister for Justice and Equality the number of children currently resident in Mosney direct provision centre and the number of children resident there for the past five years. [10393/16]
View answerThere are currently 119 children resident in Mosney with their families.
The number of children resident in Mosney with their families at the end of the last 5 years is shown in the table:
|
YEAR |
NUMBER OF CHILDREN |
|
2015 |
235 |
|
2014 |
350 |
|
2013 |
356 |
|
2012 |
312 |
|
2011 |
295 |
72. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality if recourse is available to a person (details supplied) who has been declined an appeal for a visa application. [10556/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application was received by the INIS Visa Office in Abuja, Nigeria, from the person referred to by the Deputy on the 07/12/2015. This application was refused on the 04/01/2016 and the original decision was upheld on appeal. An appeal refusal letter was issued to the applicant on the 09/02/2016. As per INIS guidelines, only one appeal may be made in respect of an application.
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).
73. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the status of a person (details supplied) who has applied for refugee status; and if she will make a statement on the matter. [9352/16]
View answerIf the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy is advised that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants.
The Deputy is further advised that protection applicants are issued with a temporary residence permission pending a final decision on their application.
74. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality to direct an inquest into the death of a person (details supplied) in accordance with section 23 of the Coroners Act 1962. [9355/16]
View answerAt the outset, I would like to say that I am very conscious of the ongoing trauma and distress for the families and friends of persons who go missing and, in relation to the case referred to by the Deputy, I can assure the Deputy that I am fully aware of the various concerns which have been raised about it. including in relation to the holding of an inquest.
As I have outlined in responses to previous parliamentary questions in relation to this case, the disappearance of the person in question remains the subject of an ongoing Garda investigation. In these circumstances, I am sure the Deputy will understand that it would not be appropriate for me to comment on specific aspects of this case. I am also mindful of the need to ensure that nothing would be said that might add to the distress which the family in this case has already experienced.
In relation to the holding of an inquest, the Deputy will be aware that , under the Coroners Act 1962, as amended, a coroner is a statutory officer exercising quasi-judicial functions, in relation to which he or she is independent. A Coroner is responsible for the scheduling and conducting of inquests in his or her district and neither I nor my Department has any role in the conduct of an inquest in individual cases.
The application of Section 23 of the Act in the case referred to by the Deputy has been raised in correspondence received in my Department. I can advise the Deputy that I have had the legal issues involved carefully examined and have responded accordingly to the correspondence in question. The key point is that Section 23 does not empower me to issue a direction to hold an inquest other than where the coroner believes that such an inquest is appropriate. I understand that this is not the case in this instance.
75. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her views on whether the services the Office of Refugee Applications Commissioner provides to persons seeking reunification with families abroad are adequate, efficient and fair. [9376/16]
View answer76. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the average waiting time for reunification between he submission of an application and the final decision under the family reunification scheme. [9377/16]
View answer77. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the complaints mechanism available to applicants, or to whom they can turn for recourse, if they believe the Office of Refugee Applications Commissioner has been negligent or obstructive in dealing with an application under the family reunification scheme. [9378/16]
View answerI propose to take Questions Nos. 75 to 77, inclusive, together.
The role of the independent Office of the Refugee Applications Commissioner (ORAC) in accordance with Section 18 of the Refugee Act, 1996 (as amended) is to investigate applications by refugees to allow family members to enter and reside in the State. ORAC prepares reports to the Minister for Justice and Equality in this regard.
I am advised by the Refugee Applications Commissioner that applications are dealt with in chronological order and processing times can vary depending on the complexity of cases and the overall volume of applications. Processing time to final decision by the Minister in such cases is currently in the region of 12 months.
The Refugee Applications Commissioner further advises that ORAC endeavours to provide a fair and efficient service to all applicants for family reunification. ORAC treats seriously any complaints received in relation to the service provided in accordance with its Customer Charter and Complaints procedure, details of which are on the ORAC website at www.orac.ie.
78. Deputy John McGuinness asked the Tánaiste and Minister for Justice and Equality to establish an independent public enquiry into the death of a person (details supplied); and if she will make a statement on the matter. [9393/16]
View answerAs the Deputy is aware the particular case he is referring to was amongst those considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which had been made to me as Minister for Justice and Equality, or the Taoiseach, or other public representatives.
The outcome of the review of this case issued last December. I would like to emphasise that every case under the Independent Review Mechanism was reviewed by independent counsel, who made an objective recommendation. It was open to counsel to make any recommendation that they saw fit. The recommendation made by counsel was that I should take no further action in this case.
I should mention, however, that my predecessor referred aspects of this particular case to the Garda Síochána Ombudsman Commission and I understand that investigation has not concluded.
I should also mention that a civil action has been initiated against the State in respect of issues raised in the complaint. In the circumstances it would not be appropriate for me to comment further on any particulars of this matter.
79. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality if An Garda Síochána will return to a surviving spouse a sum of money which was recovered from a deceased person (details supplied); and if she will make a statement on the matter. [9427/16]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the day to day operation of An Garda Síochána and I, as Minister, have no direct role in the matter.
I understand from the Garda authorities, however, that the sum of money in question was retained and recorded by An Garda Síochána for safe keeping and is the subject of ongoing contact between An Garda Síochána and a legal representative acting on behalf of a member of the family of the deceased.
80. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the most appropriate steps to combat the activities of criminal gangs, including making it an offence to be a member of a criminal gang; and if she will make a statement on the matter. [9432/16]
View answerI can assure the Deputy that tackling organised crime activity is a key ongoing priority for both the Government and An Garda Síochána.
An Garda Síochána's Policing Plan sets out the priorities of An Garda Síochána in this regard including its continued commitment to pro-actively target groups and individuals engaged in criminal activity, including organised criminal activities.
In tackling such activity, An Garda Síochána continues to develop and implement operations and strategies aimed at targeting, dismantling and disrupting criminal networks, utilising advanced analytical and intelligence methodologies. Multi-disciplinary approaches are also utilised to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted, including through the use of the proceeds of crimes legislation, money-laundering legislation, and the powers of the Criminal Assets Bureau.
An Garda Síochána also liaise closely with their international partners in identifying emerging crime trends and in encouraging international police cooperation in the fight against organised crime. An Garda Síóchána also participate in training through the international law enforcement agencies including CEPOL, Interpol and Europol.
While we should not underestimate the difficulties which the Garda authorities face in tackling organised crime activity, we continue to see the significant results of their efforts in the arrests made and persons being brought before the Courts, as well as the ongoing drugs and firearms seizures made.
I have assured An Garda Síochána that they have the full support of the Government in their efforts to disrupt gang-related crime. As I have outlined to the House today the Programme for a Partnership Government prioritises a significant programme of investment in An Garda Síochána.
With regard to the question of providing for an offence of membership of a criminal gang, in a manner similar to the approach taken in the Offences Against the State Acts with regard to membership of a proscribed organisation, it is important to understand the issues which arise in seeking to simply outlaw membership of a criminal gang in such a manner. Most significant is the fact that a criminal gang is not likely to have the permanency of organisation and structure that a subversive organisation or other more fixed group would have.
As I have indicated previously, criminal legislation has been updated in recent years, most notably by way of Part 7 of the Criminal Justice Act 2006, with a view to ensuring that it provides a comprehensive range of provisions for the prosecution and punishment of organised crime, taking due account of the international agreements to which Ireland is a party.
81. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the status of the Legal Services Regulation Act 2015; if the regulator has been established, the name of the regulator; and the procedure for lodging a complaint. [9367/16]
View answerPreparations for the phased commencement of the Legal Services Regulation Act are already under way. A necessary first step is the appointment of the new and independent Legal Services Regulatory Authority after which the Authority will appoint its own Chief Executive. I can confirm that nominations to the new Legal Services Regulatory Authority have been received from the relevant nominating bodies as set out in the Legal Services Regulation Act. The appointment of the relevant nominees and Chair under the various criteria set out in the Act will then be subject to approval by resolution of both Houses of the Oireachtas. At the same time, preparations are also being made in support of the public recruitment, by the new Regulatory Authority, of its Chief Executive whose terms and functions are similarly set out in the 2015 Act. A start-up support team is being established and efforts are already underway to find a suitable premises from which the new Authority can operate.
These various measures represent the initial steps that will enable the members and Chief Executive of the new Regulatory Authority to spearhead the coming into operation of the new legal services regulatory regime. This phase will also include, at the appropriate time, the commencement of other Parts of the Act such as those dealing with legal costs, the new Office of the Legal Costs Adjudicator, the Roll of Practising Barristers and Pre-Action Protocols.
Following establishment of the Regulatory Authority, its recruitment of a Chief Executive and such commencements of the Act as take place between now and September, the key remaining Parts of the Act dealing with the new public complaints and professional conduct and disciplinary procedures and the appointment of the new Legal Practitioners Disciplinary Tribunal, will then be introduced. These will apply to both solicitors and barristers as legal practitioners. The managed commencement of these critical functions is planned for the Autumn in order to allow adequate time to ensure their effectiveness and success as crucial components of the new regulatory framework. It should be noted that, under the relevant transitional provisions, complaints already made to the Law Society under the Solicitors Acts will be brought to completion under that framework and existing law.
In support of the planned and managed commencement of the relevant Parts of the 2015 Act proposed, as I have outlined, between now and the end of this year, an allocation of €1 million has been made under the Justice Vote for 2016 as set-up support for the new Regulatory Authority which will be provided on a recoupable basis.
82. Deputy Stephen S. Donnelly asked the Tánaiste and Minister for Justice and Equality the status of the operation of the Charities Regulatory Authority, including the number of applicants awaiting registration; the average length of time a charity is waiting between submitting an application and the issuing of a registered charity number; and the number of staff within the authority assigned to approving applications. [9443/16]
View answerI can inform the Deputy that, the Charities Regulatory Authority (the 'Charities Regulator') was established in October 2014 to regulate all charitable organisations operating in Ireland as provided for in the Charities Act 2009. The Authority currently has some 23 staff, however with provision of an increased budget in 2016 this number will increase to 36 in the coming months. The key areas of work of the Regulator include registration and award of charitable status, annual reporting, compliance and investigations, charity services (formerly under the Office of the Commissioners for Charitable Donations and Bequests) and providing a public register and statistical information on the charity sector.
The deadline for organisations to apply for charitable status was 16 April 2016 and a significant spike in applications were received. The Regulator is currently processing over 4,500 applications of which 3,600 are from schools through a bulk registration system. Applications are currently being processed by a team of 7 staff of which 3 are case officers who are responsible for making decisions to award charitable status. Additional staffing will, however, provide for a doubling of case officers dealing with registration. Processing times for charitable status is currently 6 to 9 months. This is partly due to the fact that since many organisations are engaging in the registration process for the first time, a significant number of applications are incomplete and must be queried for additional information. However the Regulator assures me that this processing time will reduce quickly. The immediate priority will be to process new organisation applications (i.e. applications in respect of new charities established after 16 October 2014) as such organisations are significantly constrained in their operations prior to any decision by the Regulator to award charitable status.
83. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Justice and Equality to review the circumstances and policies surrounding the allocation of free legal aid; and if she will make a statement on the matter. [9538/16]
View answerI wish to inform the Deputy that the provision of legal aid falls within two separate categories, that is, civil legal aid and criminal legal aid. Details in respect of each category are outlined below.
Criminal Legal Aid
Under the current legislation, the Criminal Justice (Legal Aid) Act 1962, free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. The courts, through the judiciary, are responsible for the granting of legal aid. As the judiciary are independent in the exercise of their functions, I have no role in these matters.
It must established to the satisfaction of the court that an individual's means are insufficient to enable him/her 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.
New Criminal Legal Aid legislation is 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 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 measures include powers to revoke the criminal legal aid certificate and sanctions for providing false or misleading information for the purpose of obtaining legal aid.
Civil Legal Aid
The Legal Aid Board administers the civil legal aid scheme on foot of the Civil Legal Aid Act 1995 (as amended) and the Civil Legal Aid Regulations (1996 – 2013). The criteria for obtaining legal advice are set out in section 26 of the Act while the criteria for obtaining legal aid are set out in section 28. Both sections require that an applicant satisfy certain financial eligibility conditions, and the detail of these conditions is set out in the aforementioned Regulations. The Board has a policy role in relation to the provision of civil legal aid and periodically it brings proposals to my Department. As an example, at the moment I am looking at amending the Regulations in order to enable persons at risk of losing their homes on account of mortgage arrears to get access to a solicitor on a legally aided basis at no cost and without reference to the normal financial eligibility criteria that apply.
84. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Justice and Equality the number of reservists who have applied and who have been accepted to An Garda Síochána since the inception of the recruitment process; and if she will make a statement on the matter. [9532/16]
View answer86. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Justice and Equality the number of reservists who passed the aptitude test for recruitment to An Garda Síochána; and if she will make a statement on the matter. [9541/16]
View answer87. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Justice and Equality the number of reservists who went to interview during the recruitment process to An Garda Síochána; and if she will make a statement on the matter. [9542/16]
View answer88. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Justice and Equality the number of reservists who went to the physical examination during the recruitment process to An Garda Síochána; and if she will make a statement on the matter. [9543/16]
View answer89. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Justice and Equality the number of reservists who went to the medical examination during the recruitment process to An Garda Síochána; and if she will make a statement on the matter. [9544/16]
View answer90. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Justice and Equality the number of applicants who failed at the interview stage on motivation to become a Garda in the recent recruitment process to An Garda Síochána; and if she will make a statement on the matter. [9545/16]
View answerI propose to take Questions Nos. 84 and 86 to 90, inclusive, together.
The 2016 recruitment process for full-time members of An Garda Síochána is under way at present. The process for the first time includes a special stream for eligible Garda Reserve members. I very much welcome this as a means of giving due recognition to the training that reserve members have undergone in the many skills required to be an effective full-time member and their front-line operational experience. In accordance with the statutory framework the competitive elements of the selection process are being undertaken by the Public Appointments Service (PAS) on behalf of the Garda Commissioner while the medical, fitness and vetting assessments are being undertaken by An Garda Síochána.
The current position in relation to the reserve stream is as set out in the table. The number who passed the medical examination and were forwarded to complete the physical examination is not readily to hand and I will write directly to the Deputy on receipt of same from the Garda Commissioner. As the Deputy will appreciate it is not possible to give details of applicants who failed at the interview stage on motivation as the selection process is ongoing.
Garda Recruitment Campaign 2016
Recruitment competition stream for serving members of the Garda Reserve
|
Total |
|
|
Applications received |
169 |
|
Stage 1 (PAS): (Assessment Centre Aptitude tests) No. Invited |
169 |
|
Stage 1 No. Attended |
140 |
|
Stage 1 No. Qualified |
100 |
|
Stage 2 (PAS): (Interview and Report Writing Exercise) No. Invited |
100 |
|
Stage 2 No. Attended |
89 |
|
Stage 2 No. Qualified |
72 |
|
No. forwarded to An Garda Síochána for consideration at Stage 3 |
72 |
|
No. attended the Medical Exam |
70 |
|
*No. attended the Physical Exam |
n/a |
