Written Answers Nos. 109-123
109. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the high-level diplomatic talks she has had with her European counterparts regarding unaccompanied minors seeking asylum in Europe, with particular reference to the role that Ireland could play in this matter. [19087/16]
View answerThe Irish Refugee Protection Programme (IRPP) was established by Government decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. In announcing the Programme, the Government recognised the importance of addressing the position of unaccompanied children. However, as indicated in previous responses to parliamentary questions, the pace of the relocation programme in Ireland and across the European Union has been hampered by significant operational delays and technical issues due to the sheer numbers involved and other logistical difficulties that have arisen at the 'hotspot' locations in Italy and Greece.
A team of officials from my Department, including the Director of the Irish Refugee Protection Programme, travelled to Greece last month to meet with Irish embassy officials and relevant Greek authorities both to signal Ireland's tangible willingness to assist and to identify ways of addressing the obstacles that have arisen. The outcome of that visit has been very positive and the Greek authorities have now confirmed that, within the coming months, they will be able to increase significantly the overall numbers available to Ireland. In making this commitment, the Greek authorities also signalled that they will be in a position to include small numbers of unaccompanied minors among the groups being allocated. This will greatly facilitate Ireland’s efforts to meet the targets foreseen in last September's Government decision and fulfil our commitment to prioritise unaccompanied minors.
I recently chaired a meeting of the high level Task Force established to oversee the implementation of the IRPP during which an approach to taking unaccompanied minors from Greece was discussed. Unaccompanied minors taken in under the relocation strand of the IRPP will be cared for by Tusla, the Child and Family Agency, which operates under the auspices of the Department of Children and Youth Affairs and has statutory responsibility for the care of unaccompanied minors in the State.
I continue to work proactively with my colleagues in Europe to ensure that Ireland and the European Union responds comprehensively to all aspects of the ongoing migration and refugee crisis. All aspects of the crisis were most recently discussed at ministerial level at the meeting of EU justice and home affairs Ministers on 7 July last. I share the concerns of the Deputy in relation to unaccompanied minors as an especially vulnerable group and I expect this issue to remain high on the agenda at EU level.
110. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [21954/16]
View answerThe Deputy may recall from my response in the matter on 16 June, 2016, that I was informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State under the provisions of the European Communities (Free Movement of Persons) Regulations 2006 for a period of five years expiring on 21 July, 2016.
As the Deputy will appreciate, the person's permission was registered up to 28 January, 2015 in accordance with the expiry date of the passport they presented. The person was informed, in writing, on 22 July, 2011 that it was open to them to return to their local immigration office to have the remainder of the five year permission endorsed on a new passport.
I am further informed that the position set out last month remains unchanged and it is still open to the person to submit an application to INIS for renewal of their permission to remain in the State. Details on the criteria to be met by persons lodging such applications can be found on the INIS website (www.inis.gov.ie).
The Deputy will be aware that 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.
111. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the status of the Garda Síochána Ombudsman Commission, GSOC, investigation into the case of a person (details supplied); when the GSOC investigation will conclude; if she is aware of the allegation by the family of the person of serious failures of the Garda across numerous geographical divisions to enforce suspended sentences that, if enacted, would have meant that the perpetrator was in custody at the time the person was killed. [21967/16]
View answer112. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her views on the decision by An Garda Síochána to release a person (details supplied) on bail in view of circumstances; and her further views on whether this case and others of a similar nature merits the establishment of a commission of investigation. [21968/16]
View answer144. Deputy John McGuinness asked the Tánaiste and Minister for Justice and Equality if she has given consideration to a request to establish an inquiry into the death of a person (details supplied); the timeframe for her Department to make such a decision; and if she will make a statement on the matter. [22904/16]
View answerI propose to take Questions Nos. 111, 112 and 144 together.
The circumstances surrounding the death of the young man referred to in the Deputies' questions are truly tragic. His family deserve every sympathy for their terrible loss.
The first thing I should say is that an investigation by the Garda Síochána Ombudsman Commission (GSOC) is ongoing. That investigation was initiated following complaints made by the family of the young man. Subsequently, a previous Minister for Justice and Equality, considering that it was desirable in the public interest to do so, referred the matter to GSOC under Section 102 (5) of the Garda Síochána Act 2005. I understand that the investigation is still on-going. As the Deputies are aware GSOC is an independent statutory body and it is entirely a matter for that body how it conducts its investigation.
I should also mention that a civil action has been initiated by the mother of the young man against the State in respect of various matters surrounding his tragic death. The existence of those proceedings imposes clear constraints on me and the Government regarding this case.
In the circumstances I hope that the House will appreciate that it would not be appropriate for me to comment or act in any way that might interfere, or might be construed as interfering, with a GSOC investigation or with a legal action that has been initiated.
For the sake of completeness, however, I can inform the House that this particular case was amongst those considered under the Independent Review Mechanism. This was the process 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. A panel consisting of two Senior and five Junior Counsel was established for the purpose, all selected on the basis of their experience of the criminal justice system. 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, including, if they considered it appropriate, some form of independent inquiry.
Following their review of this case counsel made a recommendation to me, as Minister, on the outcome of that review. The recommendation made by counsel was that I should take no further action in this case. The recommendation and the reasons for it were communicated to the complainant last December.
113. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality if a reunification visa will be granted as a priority (details supplied); and if she will make a statement on the matter. [21989/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to was received in the Dublin Visa Office on 4 September, 2015.
I am also advised that there has been an exponential increase, since the second quarter of 2015, in the number of such 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.
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 the INIS Visa Office (visamail@justice.ie).
114. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality the steps she will take to make access to emergency barring orders available at times when district courts are not sitting; and if she will make a statement on the matter. [21993/16]
View answerAs the Deputy is aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that emergency applications such as protection orders and interim barring orders are prioritised. Such applications are usually granted, where the Court so decides, on the date the application is made to the Court. Such applications are normally made when the relevant court office is open and the court is sitting within the relevant District.
Requests received outside of office hours are very rare. However, in every District there is a clerk on-call to take requests for special sittings from An Garda Síochána and there have been a few occasions where An Garda Síochána has made known to the clerk on-call the need for a potential Domestic Violence application. In such situations the clerk of the court will contact the Judge assigned for the District and explain the gravity of the application on the basis of information supplied. It is then a matter for the Judge to decide whether the circumstances as outlined would merit a special court sitting.
115. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality the arrangements in place to deal with cash-for-gold businesses; if she will table proposals whereby all shops would have to photograph merchandise as it is being taken in, upload this onto a central system accessible only by An Garda Síochána and refrain from melting the gold down for a certain period in order that if items are matched with items the Garda believes to be stolen, it can then examine the shops' closed circuit television records for identification purposes. [22013/16]
View answerAs the Deputy may be aware, the new Programme for Government contains a commitment to publish legislation in relation to the regulation of the sale and purchase of precious metals including cash for gold.
Over the past year my Department has undertaken a consultation process on this issue. A number of policy options were set out in the consultation document and these options took account of previous reports on this issue, Private Members' Bills introduced by Deputy McGrath and a Report by the Oireachtas Committee on Justice, Defence and Equality.
A total of 6 submissions were received, many of which had common proposals for introducing safeguards to prevent stolen items of jewellery being sold to businesses trading in precious metals and stones. These included a registration or licensing system, basic identity checks by businesses and payment for relevant items purchased to be made by cheque or electronic means.
On the basis of the submissions received and having regard to previous proposals in this area it is my intention to introduce a proportionate legislative response which will include a system of registration, regulation regarding the purchase of precious metals and stones, powers for An Garda Síochána and penalties for non-compliance.
As outlined in the consultation document, as an initial step consultation with An Garda Síochána to obtain their views on how best to implement this recommended course of action is required. My Department will liaise with other relevant Departments and Agencies as appropriate and it will provide further opportunity for the Deputy and other interested parties to contribute to the process.
116. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if the Government has sought for the scope of the Pitchford inquiry into undercover policing by the British state to be extended to cover Ireland, especially given that it is known that at least one person (details supplied) operated here and visited at least four locations in 2014. [22101/16]
View answer117. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if An Garda Síochána was aware of the undercover activity carried out by a person (details supplied) here; and, if so, if it gave permission to the British state for an undercover agent to operate here. [22102/16]
View answer118. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if An Garda Síochána was not aware of a person's (details supplied) undercover activity here, if it sought an explanation from its British counterparts as to who instructed the agent to operate here; and if she will make a statement on the matter. [22103/16]
View answerI propose to take Questions Nos. 116 to 118, inclusive, together.
The Undercover Policing Inquiry was established by the UK Authorities in March 2015 to inquire into and report on undercover police operations conducted by English and Welsh police forces in England and Wales. As the Deputy will understand, its establishment was a matter for the UK Authorities and the issue of requesting the extension of a UK inquiry into matters which may be related to this jurisdiction does not arise.
I would emphasise to the Deputy that to the extent that and for so long as the person to whom the Deputy refers was present in this jurisdiction, he would, naturally, have been subject to Irish law. In respect of any allegations of criminal wrongdoing that may be made, any person who has any evidence of any criminal activity should make that information available to An Garda Síochána in order that it can be investigated.
While An Garda Síochána co-operates with police services in other jurisdictions in respect of a range of intelligence-related matters in accordance with operational needs, I am advised by the Garda Authorities that it is not the practice to comment on the detail of any individual cases of such co-operation.
119. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the number of repossession orders for principal dwelling houses granted in County Kildare; the number of these before the courts in each of the years from 2014 to date in 2016; and if she will make a statement on the matter. [22142/16]
View answerAs the Deputy will be aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which includes the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the statistics below in relation to the number of possession orders for principal dwelling houses granted in County Kildare. The Courts Service has advised that the information in relation to the number of these before the Courts in each of the years is currently being compiled and I will arrange for it to be forwarded to the Deputy in due course.
It should be noted that orders for possession do not necessarily equate with repossessions.
|
County Kildare |
Possession Orders granted |
|
|
2014 January to August |
Residential |
30 |
|
2014 September to December |
Primary Home |
16 |
|
2015 |
Primary Home |
33 |
|
2016 January to April |
Primary Home |
16 |
Please note that from January to August 2014 cases were categorised as being "Residential" or "Non-residential". From September 2014 the categorisation changed to "Primary Home", "Buy to Let" or "Other/Unknown" and so the Courts Service has included figures for "Residential" from January to August 2014 and for "Primary Home" thereafter.
120. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality if, with regard to an infrastructural development being carried out with the support of her Department (details supplied), she will outline the staffing arrangements for this facility; if any recruitment will take place in this regard; if this recruitment process will be open to members of the public to apply; and if she will make a statement on the matter. [22197/16]
View answerThe new facilities at the site of the former Whitehall Garda Station are a collaboration between the Department of Justice and Equality and Dublin City Council to accommodate the Office of the State Pathologist and the City Mortuary. The Office of the State Pathologist will be located on the first floor of the building and the City Mortuary will be located on the ground floor.
The Office of the State Pathologist falls under the remit of my Department and I can confirm that staff relocated to their new accommodation this month. A recruitment process is underway by way of open competition for the position of Senior Laboratory Analyst in the State Pathologist's Office.
The staffing arrangements for the City Mortuary are a matter for Dublin City Council. The Dublin Coroner's Court remains located in Store Street and is staffed by local authority employees.
121. Deputy Bobby Aylward asked the Tánaiste and Minister for Justice and Equality if there is a facility to pay imposed fines to the Courts Service by way of instalment; and if she will make a statement on the matter. [22256/16]
View answerThe Fines Payment and Recovery Act 2014, Number 7 of 2014 provided for the introduction of payment of fines by instalment. The Act commenced on 11 January 2016. Payment of fines by instalment only applies to fines imposed by a court on or after 11 January 2016.
122. Deputy Jim Daly asked the Tánaiste and Minister for Justice and Equality to confirm, noting her recent comments that no more district courthouses will be closed, if Skibbereen courthouse will now come under this heading and remain open, noting the recent decision of the High Court requiring the Courts Service to reconsider its decision approving the closure of Skibbereen courthouse; and if she will make a statement on the matter. [22382/16]
View answerAs the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in the performance of its functions, including the provision, management and maintenance of court buildings.
However, in order to be of assistance to the Deputy, I have had enquiries made and I am informed that during 2012 the Courts Service completed a comprehensive review of all venues throughout the country. The purpose of this review was to establish a framework within which venues could be considered for closure taking account of a range of criteria such as caseload, proximity to an alternative venue, physical condition of the building, availability of cells etc. Skibbereen Courthouse was identified under this review and a comprehensive business case involving a detailed assessment of the venue and a comprehensive consultation process was carried out. The closure of Skibbereen Courthouse was fully considered by the Courts Service Management, the Building Committee and the Courts Service Board prior to any decision being made. Extensive submissions were received and fully considered at all stages of the review process. Following full consideration of the matter, the Board at its meeting on 21 October, 2013 decided unanimously on the recommendation of the Building Committee that the venue should be closed. Judicial Review proceedings were initiated against the Courts Service in relation to the decision and I am informed that the judgment of the High Court is currently under consideration by the Courts Service.
123. Deputy Aindrias Moynihan asked the Tánaiste and Minister for Justice and Equality the status of, and when, a decision is expected on a citizenship application by a person (details supplied). [22442/16]
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 from the person referred to by the Deputy is ongoing, with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied and will be submitted to me for decision as expeditiously as possible.
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.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
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.
