Written Answers Nos. 143-159
143. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the names of consultants engaged by her Department in each year since 2011 to 2016, to date; the details of the work they performed; and the cost to her Department for this work. [20568/16]
View answerThe information requested by the Deputy is currently being collated and verified in the Department. The information will be forwarded to the Deputy as soon as it is to hand.
144. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the amount of pre-financing by programme her Department has applied for with regard to the current phase of EU funding programmes; the amount that is likely to be reimbursed to the EU Commission; the reasons this money will be reimbursed; and if she will make a statement on the matter. [20583/16]
View answerGenerally, such advances automatically occur in respect of a portion of funding when a proposal has been accepted for funding by the EU Commission. Under the current round of EU funding, my Department has received two advance payments from the EU Commission, as follows;
European Social Fund (ESF) €1.7m
Asylum, Migration & Integration Fund (AMIF) €6.8m
It is not envisaged that any portion of this funding will fall to be reimbursed to the EU Commission.
145. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality the number of positions on the boards of bodies and agencies under the aegis of her Department; the number of vacant positions; when each vacancy occurred; and if she will make a statement on the matter. [20688/16]
View answerI wish to advise the Deputy that the information sought regarding the number of positions and vacancies on the Boards and Agencies under the remit of my Department is set out in the following table:
|
Name of Board |
Number of positions |
Number of vacancies |
When vacancy occurred |
|
Classification of Films Appeal Board |
9 |
0 |
n/a |
|
Censorship of Publications Board |
5 |
0 |
n/a |
|
Censorship of Publications Appeal Board 1 |
5 |
5 |
12 February, 2012 |
|
Property Services Regulatory Authority 2 |
11 |
6 |
3 April, 2016 |
|
Property Registration Authority |
11 |
0 |
n/a |
|
Property Services Appeal Board |
6 |
0 |
n/a |
|
Private Security Authority |
11 |
0 |
n/a |
|
National Disability Authority |
13 |
0 |
n/a |
|
Judicial Appointments Advisory Board |
11 |
0 |
n/a |
|
Courts Service Board |
18 |
0 |
n/a |
|
Policing Authority |
9 |
0 |
n/a |
|
Garda Síochána Inspectorate 3 |
3 |
1 |
2 September 2015 |
|
Parole Board |
11 |
1 |
20 January 2016 |
|
Mental Health (Criminal Law) Review Board |
4 |
0 |
n/a |
|
Private Security Appeals Board |
4 |
4 |
2 April 2016 |
|
Garda Síochána Arbitration Board |
3 |
0 |
n/a |
|
Garda Síochána Transfer Review Body |
3 |
0 |
n/a |
|
Garda Síochána Ombudsman Commission |
3 |
0 |
n/a |
|
Legal Aid Board 4 |
13 |
1 |
11 December 2015 |
1 There have been no appeals in recent years and as a result it has not proven necessary to convene a Board.
2 Recruitment via the stateboards.ie process is currently underway and it is expected that appointments to the Board will be made in the near future.
3 A competition was held by the Public Appointments Service earlier this year and a successful candidate selected who will take up the position in the coming months
4 This vacancy arose due to the resignation of a board member. The term of office of the Board expires in October 2016 and the vacancies will be advertised via the stateboards.ie process.
146. Deputy Pat Deering asked the Tánaiste and Minister for Justice and Equality when a decision will be made on an application by a person (details supplied) for the prison visiting committee at Midlands Prison. [20719/16]
View answerI can advise the Deputy that Visiting Committee members are appointed for a period of three years by the Minister for Justice and Equality under the Prisons (Visiting Committees) Act 1925 and Prisons (Visiting Committees) Order 1925. There are fourteen Visiting Committees in existence – one for each institution.
Each Visiting Committee comprises no more than six members, and only suitable people with appropriate qualifications and a genuine interest in prison issues are appointed. As the Deputy will appreciate, vacancies arise and fall to be filled on Visiting Committees on an ongoing basis.
All expressions of interest in appointment to a Prison Visiting Committee are kept on file for consideration when the Tánaiste is next making appointments.
147. Deputy Margaret Murphy O'Mahony asked the Tánaiste and Minister for Justice and Equality when the role of the new National Disability Authority will be reviewed as outlined in the programme for Government; and if she will make a statement on the matter. [20734/16]
View answerThe Programme for Partnership Government contains a commitment to review the role of the National Disability Authority. This is a good opportunity to review the role and functions of the National Disability Authority and to consider whether changes are appropriate in the context of the changes in Irish society and the position of people with disabilities since its establishment in 1999. I am committed to ensuring that the review process will be open, objective and consultative and will be undertaken with participation by all relevant stakeholders, including the Authority board and staff interests.
As the Deputy will be aware, we are in the process of finalising a new National Disability Inclusion Strategy and I believe that it is appropriate that the review be undertaken in the context of the new Strategy's priorities. As the new Strategy will be in place before the end of this year, I anticipate that we will be able to commence the review of the Authority - with the first step being to scope out terms of reference - at end 2016 or in early 2017.
148. Deputy Margaret Murphy O'Mahony asked the Tánaiste and Minister for Justice and Equality if the United Nations Convention on the Rights of Persons with Disabilities will be ratified by the end of 2016; and if she will make a statement on the matter. [20735/16]
View answerOn 21 October 2015, the previous Government published a roadmap to Ireland’s ratification of the United Nations Convention on the Rights of Persons with Disabilities which outlines the considerable legislative changes to be undertaken to enable Ireland to ratify the Convention, along with the estimated deadline of end-2016 for ratification. The Roadmap to Ratification, which is available on my Department’s website, sets out the substantial legislative agenda required for ratification. We are on track to ratify the Convention within 6 months.
Considerable progress has already been made to overcome barriers to Ireland’s ratification. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Bill 2015 was passed by the Seanad on 26 January this year. When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial.
Work is also underway on drawing up an Equality/Disability (Miscellaneous Provisions) Bill to progress miscellaneous legislative amendments necessary to proceed to ratification. It is intended that the Bill will address issues such as the Convention's requirements in relation to reasonable accommodation and deprivation of liberty, as well as removing archaic references in existing legislation relating to mental health. The General Scheme of the Equality/Disability (Miscellaneous Provisions) Bill was submitted to the Oireachtas Committee on Justice and Equality on 20 June 2016 as part of the pre-legislative scrutiny process.
149. Deputy Margaret Murphy O'Mahony asked the Tánaiste and Minister for Justice and Equality her plans, if any, to formally recognise Irish Sign Language; and if she will make a statement on the matter. [20736/16]
View answerIn 2013 the National Disability Authority facilitated consultations with the Deaf Community in Ireland at my Department's request in relation to actions that could make improvements in the lives of deaf people. Submissions received as part of that process informed the National Disability Strategy Implementation Plan, which was published in July 2013. As part of the follow-up to that initiative, in November 2013 the first special themed meeting of the National Disability Strategy Implementation Group focused on the issue of Irish Sign Language (ISL). This meeting brought together representatives of relevant Departments, the National Disability Authority, the Deaf Community and other relevant stakeholders who reviewed the current situation across Government Departments and their Agencies with regard, in particular, to promoting recognition of ISL, including in service provision. The Group also examined mechanisms which could promote the further use and recognition of ISL and address practical implications for service users. Further to this meeting, the Deaf Community prepared a report to reflect their views on key actions and priorities.
While I fully support appropriate measures to further social inclusiveness for people with disabilities, there are no current proposals to formally recognise ISL as a third official language.
As the Deputy will be aware, my Department is currently progressing a three Phase consultation process with a view to putting a new Disability Inclusion Strategy in place. Phase 2, which focused on agreeing high-level objectives for the Strategy, was completed at the end of 2015. Phase 3 will involve agreeing specific actions with timescales to deliver on each of the high-level objectives. This will commence shortly. The draft actions have been approved by the Minister of State with special responsibility for Disability, and the consultations on this draft will include consideration by the National Disability Strategy Steering Group and, as with Phase 2, a series of regional consultation meetings. The Strategy will then be revised as necessary and submitted to Government for final approval. Issues in relation to the Deaf Community have featured strongly in the consultation process to date and I intend that the new Disability Inclusion Strategy will respond credibly to the issues raised, including making a real difference in relation to facilitating the use of ISL and ensuring that public bodies provide ISL users with ISL interpretation when availing of their statutory services.
150. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality her proposals to provide additional resources to the Garda vetting unit in view of the delays that occur in the processing of applications which causes problems for persons taking up new employment or changing employment; and if she will make a statement on the matter. [20738/16]
View answerI wish to inform the Deputy that there is no question of a generalised delay in the processing of applications for persons who require Garda vetting. I am informed by the Garda Authorities that the current average processing time for vetting applications is four weeks. The primary purpose of the Garda employment vetting service is to seek to ensure the safety of children and vulnerable adults. Accordingly, the vetting process demands rigorous procedures to safeguard its integrity and to maintain the highest level of confidence by the public and organisations availing of the service. Any vetting process will take a certain minimum amount of time to complete and, taking into account the importance of measures to protect children and vulnerable adults while providing an effective and efficient service, the current average processing period is not unreasonable.
It can arise that in respect of some individual applications additional enquiries may be necessary, sometimes from the applicant themselves or from authorities located abroad and, as you will appreciate, the Garda Authorities have no control over such delays as may arise in these circumstances. This can result in processing times in excess of the average.
The Deputy may also wish to know that An Garda Síochána launched an 'e-vetting' system on 29 April 2016 which will facilitate the processing of applications in an on-line format, thus removing the current time-consuming process of manual applications. E-vetting will further streamline the vetting process and contribute to sustaining reduced processing times for vetting applications. The e-vetting system is designed to be compatible with the requirements of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 and, in this regard, was launched in tandem with the commencement of the Acts.
151. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the circumstances under which a foreign-born national residing in Northern Ireland may apply for Irish citizenship; the way in which this differs to the circumstances under which a foreign-born national residing here may apply for citizenship; and if she will make a statement on the matter. [20739/16]
View answerThe entitlement to Irish citizenship, as well as the conditions pertaining to a grant of Irish citizenship through naturalisation, are governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended.
In general a person acquires Irish citizenship through one of the following ways:
(i) entitlement to Irish citizenship for certain persons born in the island of Ireland;
(ii) entitlement by descent if one of his or her parents was an Irish citizen at the time of the person's birth;
(iii) by naturalisation at the absolute discretion of the Minister.
Detailed information on Irish citizenship and naturalisation is available on the Irish Naturalisation and Immigration Service (INIS) website at www.inis.gov.ie.
152. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the number of whole-time equivalent members of An Garda Síochána assigned to the Waterford city and county divisions for each of the years 2007 to 2016 to date, in tabular form; and if she will make a statement on the matter. [20760/16]
View answerThe Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Districts. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
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 851 Garda trainees have been recruited with a further 300 planned to be recruited during the remainder of this year. So far 534 of the new Garda trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide with another 150 more planned to attest in November. Of these, 24 newly attested members have been assigned to the Waterford Garda Division.
The Programme for Government, "A Programme for a Partnership Government" commits to continuing 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.
The specific information on the number of whole time equivalent members of An Garda Síochána assigned to the Waterford Garda Division for each of the years 2007 to 2016 to date is being compiled in the format requested and will be sent to the Deputy directly.
153. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the number and location of Garda stations in Waterford city and county; the number which have opened and closed since 2007 and their locations, in tabular form; and if she will make a statement on the matter. [20761/16]
View answerI have requested the required information from the Garda authorities in relation to the matter referred to by the Deputy and will revert to him as soon as I have it to hand.
154. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her views regarding whether a 15-month wait for the return of a computer taken for examination by the gardaí in connection with the possible commission of a crime is normal or acceptable; and if not, why a person (details supplied) whose computer was taken by Gardaí from Ballyhaunis Garda station, County Mayo was informed that they would only have it returned 15 months later. [20783/16]
View answerI am advised by the Garda authorities that investigations into the case referred to are ongoing and it would, therefore, be inappropriate for me to make any more detailed comment on the case. The Deputy will also appreciate that the management of particular Garda investigations is a matter for the Garda authorities in the first instance and I have no direct role in this regard.
155. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality her views on whether it is appropriate that law firms use registered charitable trusts to act as shareholders for large numbers of its special purpose vehicle clients; if she had ever raised this issue with the charities regulator and if the regulator has ever raised concerns with her Department about this practice; and if she will make a statement on the matter. [20804/16]
View answerI am advised by the Regulator that this issue has been brought to the Regulator's attention. While it is primarily a matter for the Revenue Commissioners, I understand that the Regulator is prepared to liaise with the Revenue Commissioners and Department of Finance to examine this further, if necessary.
156. Deputy John McGuinness asked the Tánaiste and Minister for Justice and Equality the history of the status of a person (details supplied) since they first entered the country almost 16 years ago; and if their passport and personal papers will be returned to them from Cloverhill Prison. [20831/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned entered the State on 21 January 2001. The person concerned had permission in the State on stamp 1 basis until 19 May 2011. After this date the person concerned had no legal status within the State and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 1 December 2011, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made in respect of him. The person concerned did not submit written representations and following consideration under Section 3 of the Immigration Act 1999 (as amended), a Deportation Order was issued on the 22 October 2015. This Deportation Order was subsequently revoked as the person concerned applied for asylum to the Office of the Refugee Applications Commissioner on 29 January 2016.
I am also advised by the Irish Prison Service that they have no record of a passport in respect of the person concerned being submitted to Cloverhill Prison.
157. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the waiting times for receiving Garda vetting; the reason a person who has received Garda vetting in 2016 and changes employment cannot use previous clearance; her plans to improve delays or change the process of Garda vetting; and if she will make a statement on the matter. [20851/16]
View answerI wish to inform the Deputy that there is no question of a generalised delay in the processing of applications for persons who require Garda vetting. I am informed by the Garda Authorities that the current average processing time for vetting applications is four weeks. The primary purpose of the Garda employment vetting service is to seek to ensure the safety of children and vulnerable adults. Accordingly, the vetting process demands rigorous procedures to safeguard its integrity and to maintain the highest level of confidence by the public and organisations availing of the service. Any vetting process will take a certain minimum amount of time to complete and, taking into account the importance of measures to protect children and vulnerable adults while providing an effective and efficient service, the current average processing period is not unreasonable.
It can arise that in respect of some individual applications additional enquiries may be necessary, sometimes from the applicant themselves or from authorities located abroad and, as you will appreciate, the Garda Authorities have no control over such delays as may arise in these circumstances. This can result in processing times in excess of the average.
Full vetting checks are conducted by the Garda vetting unit for each new vetting application received to ensure that the most recent data available is taken into account. This is because once there has been any significant lapse of time between one employment and another, the original Garda Vetting Disclosure must be reviewed to take account of any changes in information, such as more recent criminal convictions.
Furthermore, under the Data Protection Acts, any sensitive personal data which employers use in regard to their employees must be current, accurate and up-to-date. The general non-transferability and contemporaneous nature of the current process also protects against the risk of fraud or forgery. Such procedures are in line with best practice internationally.
There are, however, certain limited circumstances where organisations can share a single vetting disclosure where this is agreed to by the vetting applicant. For example, persons involved in voluntary work may be doing work with more than one voluntary organisation at the same time, and may agree with the vetting applicant to share a single vetting disclosure. Similar arrangements arise in the health sector in regard to persons working as locums, agency nurses or other temporary employees in a number of different organisations, or in the education sector where substitute teachers are on panels for substitute teaching in more than one school.
The Deputy may also wish to know that An Garda Síochána launched an e-vetting system on 29 April 2016 which will facilitate the processing of applications in an on-line format, thus removing the current time-consuming process of manual applications. E-vetting will further streamline the vetting process and contribute to sustaining reduced processing times for vetting applications. The e-vetting system is designed to be compatible with the requirements of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 and, in this regard, was launched in tandem with the commencement of the Acts.
158. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the amount of money Ireland has received from the European Commission towards integration projects since the start of the refugee crisis; and the projects this money was spent on including the amount of money spent on each project, in tabular form. [20871/16]
View answer159. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the amount of money Ireland has received from the European Commission towards integration projects since the start of the refugee crisis; the amount of that money Ireland has drawn down; if any allocated funds were returned to the Commission; and if so, the reason therefore. [20872/16]
View answerI propose to take Questions Nos. 158 and 159 together.
Funding for integration projects for persons admitted to Ireland as a result of the refugee crisis is eligible for support under the EU Asylum Migration and Integration Fund (AMIF). Ireland's allocation under the AMIF is €19.519 million and the eligibility period for expenditure extends to the end of 2022. This amount covers the four specific objectives of AMIF relating to asylum (including resettlement), integration, return, and solidarity (relocation). In addition, Member States receive lump sums of €6,000 per person resettled or relocated which rises to €10,000 for certain categories of resettled persons.
A sum of €6,849,489.24 was received on 5 July from the European Commission as pre-financing. I do not envisage that any of this will be returned. My Department will publish a call for proposals in respect of projects to be financed under AMIF in early September.
