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Thursday, 16 Jun 2016

Written Answers Nos. 48-58

Legal Proceedings

Questions (48)

Micheál Martin

Question:

48. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality the matters outstanding in a case (details supplied); and if she will make a statement on the matter. [16415/16]

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Written answers

I am aware that the members of the family connected with the case referred to have pursued complaints in respect of a number of issues over a long period of time and that there was also protracted litigation which I believe was concluded some time ago. There are, however, no aspects of this case currently under examination in my Department and there are no further actions being taken or open to my Department in this regard.

Garda Deployment

Questions (49)

Brendan Smith

Question:

49. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality if additional Garda Síochána personnel will be assigned to the Cavan-Monaghan Garda division, given the substantial reduction in Garda numbers in that division over the past number of years; and if she will make a statement on the matter. [16418/16]

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Written answers

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.

I have been informed by the Garda Commissioner that as of the 30 April 2016, the latest date for which figures are readily available, there were 314 members and 18 Garda Reserves assigned to the Cavan/Monaghan Division. A detailed breakdown of these members is in the table. All Divisional resources are further augmented by a number of Garda National Units such as the Garda National Drugs Unit (GNDU), the Garda National Immigration Bureau (GNIB), the Criminal Assets Bureau (CAB) and other specialised units.

As the Deputy will be aware, when the financial crisis hit, the Government of the time introduced a moratorium on recruitment and the four year National Recovery Plan, published in 2010, envisaged a steady reduction in Garda numbers. Thankfully, in a recovering economy, we were able to reopen the Garda College in September 2014, and 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 463 of the new Garda trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide. Another 76 will attest on the 7 July with 150 more to attest in November. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí and 11 newly attested Gardaí have been assigned to the Cavan/Monaghan Garda Division to date.

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. Taking account of projected retirements, the current rate of recruitment will bring Garda numbers to around the 13,000 mark this year. We must, I believe, endeavour to make more rapid progress than this to reach our target of 15,000 and I am 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.

CAVAN/MONAGHAN Garda Division 30 April 2016

District

Station

GD

SG

IN

SU

CS

AC

Total

BAILIEBORO

29

8

1

38

BALLYJAMESDUFF

3

1

4

COOTEHILL

6

6

KINGSCOURT

1

1

2

MULLAGH

1

1

SHERCOCK

1

1

VIRGINIA

9

1

10

BAILIEBORO

TOTAL

50

11

1

62

BALLYBAY

3

1

4

CARRICKMACROSS

30

9

1

1

41

CASTLEBLANEY

23

5

28

ROCKCORRY

1

1

2

CARRICKMACROSS

TOTAL

57

16

1

1

75

ARVA

2

1

3

BALLINAGH

1

1

BALLYCONNELL

14

2

16

BELTURBET

5

1

6

BLACKLION

2

1

3

CAVAN

52

6

1

1

60

DOWRA

1

1

KILLESHANDRA

1

1

KILNALECK

2

1

3

SWANLINBAR

1

1

CAVAN

TOTAL

81

12

1

1

95

CLONES

3

1

4

EMYVALE

2

1

3

MONAGHAN

56

13

2

2

73

SCOTSTOWN

1

1

2

MONAGHAN

TOTAL

62

16

2

2

82

DIVISIONAL TOTAL

250

55

4

5

314

Residency Permits

Questions (50)

Róisín Shortall

Question:

50. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality when she will normalise the residency status of a person (details supplied); and if she will put temporary arrangements in place to facilitate the person in resuming employment while she is processing the application. [16448/16]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application in question is under consideration and a decision is anticipated shortly. Temporary arrangements to cover further processing time will not be necessary.

Airport Security

Questions (51)

Joan Collins

Question:

51. Deputy Joan Collins asked the Tánaiste and Minister for Justice and Equality if normal policing, security and customs protocols will apply to passengers on the flight to Ireland West Airport Knock in County Mayo containing the Vice President of the United States of America, Mr. Joe Biden, in particular to press, staff and the security detail on board the flight. [16466/16]

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Written answers

The normal arrangements in respect of flights such as these will apply. The Deputy will appreciate that it is not the practice to comment on the detail of security arrangements that are put in place in respect of travel arrangements for visiting dignitaries.

Independent Review Mechanism

Questions (52)

Micheál Martin

Question:

52. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality the panel of barristers she appointed in 2014; when they will finish reviewing the cases; and if she will make a statement on the matter. [16479/16]

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Written answers

The Deputy refers to the Independent Review Mechanism established to review certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which were made to me as Minister for Justice and Equality, or the Taoiseach with a view to determining to what extent and in what manner further action may have been required in each case.

A panel consisting of two Senior and five Junior Counsel was established for the purpose. The counsel appointed to the panel were nominated by the Attorney General and were all selected on the basis of their experience of the criminal justice system.

A total of 320 cases were referred to the Panel. The issuing of notification letters to complainants commenced on 29 June 2015 and concluded on 8 February, 2016.

- In 318 cases the complainants were notified of the final outcome of the review of their cases.

- In 1 case the recommendation was of an interim nature whereby the complainant was invited to submit further material. The complainant has provided such material which is currently being considered by counsel.

- In 1 case the complainant had passed away.

My Department has already begun the next stage of the process which is to undertake the actions to which I agreed following recommendations by counsel. In some cases this requires consultation with the Attorney General and this process is underway.

Actions arising from the Review Mechanism include: referrals to GSOC for investigation under section 102 (5) of the Garda Síochána Act 2005; requests to the Garda Commissioner to report to me on certain matters under section 41(2) of the same Act; establishing a number of inquiries; review of a practice/procedure of the Garda Síochána; appointment of a legal assessor to assist a complainant.

In a number of cases, while recommending that I should take no further action with regard to the specific complaint of Garda misconduct, counsel pointed out that there were matters which I might informally request be undertaken in order to be of some practical assistance to the complainant. These included requesting the Garda Commissioner, in a number of cases, to appoint a liaison officer to keep the complainant updated on ongoing matters, in others that she provide specific information to a complainant, if appropriate.

Peace Commissioners

Questions (53)

Charlie McConalogue

Question:

53. Deputy Charlie McConalogue asked the Tánaiste and Minister for Justice and Equality the process a peace commissioner must follow to apply to become a commissioner for oaths; the fees that are due at each stage of this process and to whom they are payable; and if she will make a statement on the matter. [16482/16]

View answer

Written answers

I wish to inform the Deputy that, as Minister, I have no function in the appointment of Commissioners for Oaths which is entirely a matter for the Chief Justice to whom an application for such an appointment is made. However, I would draw the Deputy's attention to the Courts Service website www.courts.ie which contains an Information Note and other documentation relating to such appointments.

Visa Applications

Questions (54)

Róisín Shortall

Question:

54. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality to review decisions made under the Syrian humanitarian admission programme to refuse family reunification visas (details supplied); the number of such visas she has issued since the programme began; and if she is satisfied that the guidelines are being applied consistently. [16495/16]

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Written answers

In 2014, Ireland introduced a Syrian Humanitarian Admission Programme (SHAP). The SHAP offered naturalised Irish citizens of Syrian birth and Syrian nationals already legally resident in Ireland an opportunity to make an application for vulnerable close family members to join them in Ireland for up to two years under a sponsorship programme. A key condition of the Programme was that these persons should not become a burden on the State. If the family members could not find employment the onus was on the sponsor to support them during their time in Ireland. 103 visas were issued to applicants wishing to avail of the programme. The programme closed in April, 2014. I am satisfied that the published guidelines were applied consistently during its term.

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the persons referred to subsequently submitted visa applications to the Irish Visa Office in Abu Dhabi. These applications were considered under the terms of the Policy Document on non-EEA Family Reunification and were refused on 4 May, 2016. It is open to the applicants to appeal this decision within 2 months of the refusal date.

Refugee Resettlement Programme

Questions (55)

Michael McGrath

Question:

55. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Questions Nos. 97 and 112 of 8 June 2016, if she will further respond to matters raised in correspondence (details supplied). [16518/16]

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Written answers

As I outlined in my previous reply to Parliamentary Questions Numbers 97 and 112 of 8 June 2016, programme refugees are provided with intensive supports in the first year post arrival in Ireland. These include the provision of accommodation, access to health and education services and the provision of social welfare payments.

A dedicated resettlement support worker is employed in each individual county where programme refugees are being resettled at present. The worker's role is to support programme refugees in terms of accessing services and settling into their new communities.

A language training and orientation programme provided by the local Education and Training Board continues to be available to programme refugees for a year after they are housed in a particular community.

Refugees arriving in Ireland under the Refugee Resettlement programme are afforded programme refugee status upon their arrival in Ireland. These refugees are eligible for social welfare payments on the same basis as Irish citizens and are entitled to apply for relevant social welfare weekly payments such as basic supplementary welfare allowance, jobseeker's allowance, one parent family payment, state pension and child benefit appropriate to the circumstances of the individual or family.

The Department of Social Protection under the Supplementary Welfare Allowance scheme can make exceptional needs payments to help meet essential costs. This scheme is available to persons with refugee status.

Exceptional needs payments made to refugees while in the Emergency Reception and Orientation Centres are largely granted towards clothing costs, transport costs and the purchase of child related items such as prams/buggies. Exceptional needs payments are also paid to support their move from the Emergency Reception and Orientation Centres into the community, including assistance towards rent deposits. Applications are determined on a case by case basis having regard to the individual circumstances presented.

In addition to the payments referred to above, the Department of Social Protection also provides a once-off payment to eligible families to assist with the extra costs when children start school each autumn. This scheme is available to families with refugee status.

I will ensure that all the cases raised will be investigated further, I have an official in Cork today, and an update will be provided.

Question No. 56 answered with Question No. 40.

Garda Misconduct Allegations

Questions (57)

Brendan Griffin

Question:

57. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality if she will review the handling of a case by An Garda Síochána (details supplied); and if she will make a statement on the matter. [16556/16]

View answer

Written answers

The particular case to which the Deputy refers 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 have been made to me as Minister for Justice and Equality, or the Taoiseach with a view to determining to what extent and in what manner further action may be required in each case. A panel consisting of two senior and five junior counsel was established for that purpose.

The outcome of the review of this case issued to the person to whom the Deputy refers in November last year. The recommendation made by counsel was that I should take no further action in this case and the person was informed of the reasons for that outcome. While I appreciate that it may be difficult for the person in question to accept that, as Tánaiste and Minister for Justice and Equality I do not have the authority to review Garda investigations or decisions of the Director of Public Prosecutions nor do I have the authority to initiate criminal investigations or prosecutions.

Departmental Properties

Questions (58)

Peadar Tóibín

Question:

58. Deputy Peadar Tóibín asked the Tánaiste and Minister for Justice and Equality the properties her Department and agencies under its remit leased; the number they leased on upward-only rents and the number of lessors who were involved with the National Asset Management Agency or with any of the State banks; and the details of each lease. [16604/16]

View answer

Written answers

I wish to inform the Deputy that it has not been possible to provide the information required in the time available. The information is currently being collated and will be forwarded to the Deputy as soon as it is to hand.

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