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Friday, 16 Sep 2016

Written Answers Nos. 161-189

Postal Codes

Questions (162)

Jim Daly

Question:

162. Deputy Jim Daly asked the Tánaiste and Minister for Justice and Equality the efforts her Department and agencies under its remit have made to use Eircode when communicating with households via An Post; and if she will make a statement on the matter. [25875/16]

View answer

Written answers

My Department has ensured that Eircode is included in Departmental and agency addresses when new stocks of Headed Paper are ordered. Further, in most cases, application forms for services administered by my Department, both printed and online, have space for individuals to input their Eircode.

When corresponding with households my Department endeavours to use an individual’s Eircode where same has been provided.

Question No. 163 answered with Question No. 159.

Refugee Resettlement Programme

Questions (164)

Seán Haughey

Question:

164. Deputy Seán Haughey asked the Tánaiste and Minister for Justice and Equality the progress being made in resettling refugees here under the Irish Refugee Protection Programme in the context of the EU Agreement on this matter; if unaccompanied minors will be given a priority for resettlement; and if she will make a statement on the matter. [25915/16]

View answer

Written answers

The 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. Under the programme the Government has pledged to accept a total of 4,000 migrants into the State by the end of 2017, through a combination of the EU relocation mechanism established in 2015 to assist Italy and Greece (which Ireland voluntarily opted into) and the UNHCR-led refugee resettlement programme currently focused on resettling refugees from camps in Jordan and Lebanon.

Under the Resettlement part of the IRPP, 520 refugees are to be resettled in Ireland by 31 December 2016. As of yesterday, 377 of these 520 have been admitted to the State. Sufficient cases were selected during a selection mission to Lebanon earlier this year to fill the rest of the quota of 520. These cases have been security screened and health screened and are scheduled to arrive in groups between now and the end of October. In addition to this 520, the Government recently announced it is extending the resettlement programme to take in a further 260 refugees from Lebanon in 2017.

As regards the EU relocation mechanism, it is well documented that the pace of arrivals under this programme to date has been slower than expected. The Government is wholly committed to ensuring that Ireland meets its obligations under the EU Relocation mechanism in a timely fashion. I am pleased to report, therefore, that following a highly productive visit by Irish officials to Greece earlier this year, the frequency and numbers of arrivals has increased and is continuing to improve. Ireland has to date taken in 69 Syrian people, mostly families. A further 40 people have been assessed and cleared for arrival and arrangements for their travel to the State are currently being made and last week IRPP officials interviewed a group of 63 people in Athens who, once cleared for travel, are expected to arrive in October. It is estimated that by the end of 2016 Ireland will have accepted up to 360 people under relocation. The intention thereafter is to sustain the pace and size of intakes throughout 2017 at the levels required to allow Ireland to meet its commitments within the timeframes envisaged under the EU Relocation Decisions.

In announcing the IRPP, the Government recognised the importance of prioritising family groups and in addressing the position of unaccompanied children. A significant number of those who have arrived to date are children with one or two parents. The position with regard to unaccompanied minors is that Ireland has formally indicated to Greece its desire to accept unaccompanied minors under the relocation mechanism and we now have a commitment from the Greek authorities that Ireland will be receiving the first group of unaccompanied minors later this year. The next step is for the authorities in Greece to forward case files for those unaccompanied minors they wish to assign for relocation here. Once these files are received, officials from Tusla - the Child and Family Agency with responsibility for the care of unaccompanied minors in the State - will travel to Greece to assess the needs of those minors and plan for their care and accommodation upon arrival.

As regards relocations from Italy, some technical issues have arisen with regard to the programme in Italy and Government officials are continuing to work through these with the Italian authorities.

Courts Service Data

Questions (165)

John Brady

Question:

165. Deputy John Brady asked the Tánaiste and Minister for Justice and Equality the number of probate officers in the State and the locations they are based; and if she will make a statement on the matter. [25936/16]

View answer

Written answers

The Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service which is independent in exercising its functions under the Courts Service Act 1998.

In order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that Probate Services are provided through the Probate Office, an Office of the High Court in Dublin under the management of the Probate Officer. In addition to the Probate Office, there are fourteen District Probate Registries located outside Dublin that provide probate services. These registries are attached to Circuit Court Offices under the control of County Registrars. They have authority to issue grants of representation where the deceased, at the time of death, had a fixed place of abode within the area of jurisdiction of the District Registry.

There are currently 11 County Registrars carrying out probate functions as outlined below. It should be noted that in a number of Districts the District Probate functions are being carried out by the County Registrar of a neighbouring County who is for the time being assigned to those duties as follows:

Probate District

District Probate Registry

County Registrar

Mayo

Castlebar Court Office

County Registrar, Castlebar, Co. Mayo

Cavan/Longford

Cavan Court Office

County Registrar, Cavan, Co. Cavan

Cork

Cork Court Office

County Registrar, Cork

Wexford

Wexford Court Office

County Registrar, Wexford

Waterford

Waterford Court Office

County Registrar, Waterford

Galway/Roscommon

Galway Court Office

County Registrar Galway

Louth/Monaghan

Dundalk Court Office

County Registrar, Dundalk, Co. Louth

Kerry

Tralee Court Office

County Registrar, Tralee, Co. Kerry

Donegal

Letterkenny Court Office

County Registrar, Letterkenny, Co. Donegal

Kilkenny/Carlow/Laois

Kilkenny Court Office

County Registrar, Wexford, Co. Wexford

Sligo/Leitrim

Sligo Court Office

County Registrar, Letterkenny, Co. Donegal

Westmeath/Offaly

Mullingar Court Office

County Registrar, Cavan, Co. Cavan

Limerick/Clare

Limerick Court Office

County Registrar, Ennis, Co. Clare.

Tipperary

Clonmel Court Office

County Registrar, Bray Court Office, Wicklow

A review of the Probate System is being carried out at present and a report will issue in due course with recommendations for the modernisation of the process. Submissions have been sought in relation to the matter and should be submitted without delay to probateservicereview@courts.ie.

Courts Service Administration

Questions (166)

John Brady

Question:

166. Deputy John Brady asked the Tánaiste and Minister for Justice and Equality the reason the current wait time for the probate officer to deal with a non-contentious will is between six and seven months; if the wait time could be reviewed in cases where there is only one sole beneficiary, for example, a child; and if she will make a statement on the matter. [25937/16]

View answer

Written answers

The Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service which is independent in exercising its functions under the Courts Service Act 1998.

However in order to be of assistance I have had enquiries made and the Courts Service has informed me that the current waiting time for Grants of Representation is 16 weeks for applications lodged by a solicitor and 24 weeks for personal applications.

Where a person elects to apply for a Grant without the assistance of a solicitor the process requires significant support from the Probate Office and is more resource intensive. The Probate Office is actively involved in preparing the necessary paperwork and in servicing queries from the applicants by way of telephone, e-mail or post. Each personal applicant is required to attend at the Probate Office in person by prior appointment to complete the application process.

All applications for Grants of Representation in deceased persons' estates are made on foot of a number of mandatory legal documents which must be furnished by the applicants and these require detailed checking by the Probate Office to ensure that the estate of the deceased person is administered correctly and in accordance with the law. Such documentation is required irrespective of the number of beneficiaries to an estate. The number of beneficiaries is not a determining factor in terms of the assessment of these applications and has no bearing on the delay in processing applications.

All applications are assessed on the basis of the date on which they are lodged, an approach which provides fairness and equity to all applicants. Priority can only be given to probate applications where it is considered that extenuating circumstances so warrant. In such circumstances it is open to applicants to bring the matter to the attention of the Probate Office.

A review of the Probate System is being carried out at present and a report will issue in due course with recommendations for the modernisation of the process. Submissions have been sought in relation to the matter and should be submitted without delay to probateservicereview@courts.ie.

Direct Provision Data

Questions (167)

John Curran

Question:

167. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality the number of persons who are currently accommodated in direct provision, and those who have been for more than one, two, three and five years, in tabular form; and if she will make a statement on the matter. [25943/16]

View answer

Written answers

According to the Department's database for managing such data, there were 4,248 persons residing in direct provision at the end of August 2016.

The table outlines the duration of stay of these persons based on their latest date of entry into the direct provision system. (When a person makes an application for international protection, they are offered accommodation. While there is no obligation on them to accept this offer, approximately 50% of applicants avail of the accommodation offered. They are not obliged to remain there and can leave direct provision and indeed return to direct provision as they so require. In addition, those who refuse the initial accommodation offer can choose to avail of direct provision accommodation at a later date.)

Time Period

Number of persons

0 < 1 year

1,791

> 1 year < 2 years

854

> 2 years < 3 years

510

> 3 years < 4 years

235

> 4 years < 5 years

199

> 5 years

659

Total

4,248

In order to interpret these figures correctly, it is important to note that they include a number persons who had been granted status to remain in the State and are preparing to move into communities. In August there were approximately 550 persons with such status residing in direct provision.

The Programme for a Partnership Government contains a commitment to reform the Direct Provision system, with particular focus on families and children and to this end the recommendations of the Working Group are being implemented.

The International Protection Act 2015 responds to the Report's recommendations in relation to improving the application process and thereby reducing the length of time spent by applicants in State provided accommodation. The Act provides for the introduction of a single application procedure for international protection which is a key recommendation of the Report. The single procedure is specifically aimed at addressing the length of time persons spend in the protection process. The new procedure will significantly streamline and speed up the processing of protection applications and will reduce the length of time that persons spend in the Direct Provision system. Preparations for commencement of the single procedure are progressing.

The Reception and Integration Agency (RIA) of my Department is progressing the implementation of recommendations of the Working Group report around access to cooking facilities as well as increasing the living space for direct provision residents. Pilot projects are being undertaken in a number of centres to ensure the best approach to realising these objectives and ensuring that those residing in the direct provision system continue to be treated with respect and dignity.

DNA Database

Questions (168)

John Curran

Question:

168. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality the number of samples from persons that are on the national DNA database to date since its establishment; the number of convictions secured based on the use of evidence from the database; and if she will make a statement on the matter. [25945/16]

View answer

Written answers

Forensic Science Ireland (FSI) is responsible for the operation of the national DNA Database System. The Database was launched in November 2015 and constitutes a major intelligence resource for the investigation of crime. The database is being populated with samples taken from persons suspected/convicted of serious crime and from crime scenes. I have been informed by FSI that to date the number of person samples added since the establishment of the database is 6,083.

The outcome of 'identifications' or 'hits' on the DNA database, including any consequent convictions, will form part of a review of the system which will be conducted by An Garda Síochána on an annual basis. As the first year of operating this system has not been completed, such review has not yet taken place.

Proposed Legislation

Questions (169)

John Curran

Question:

169. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality when she will publish the gambling control Bill; if this Bill will have provision to deal with the issue of excessive advertising and promotion by online betting and bookmakers; and if she will make a statement on the matter. [25947/16]

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Written answers

The General Scheme of the Gambling Control Bill was published in July 2013 following approval by the Government and is currently in drafting by the Office of the Parliamentary Counsel., The Bill, as proposed, will update all existing laws on the regulation of gambling, including betting and gaming but excluding the National Lottery. It will provide for the licensing of all forms of online gambling. The General Scheme was referred to the Oireachtas Joint Committee on Justice, Defence and Equality for consideration and observations. The Joint Committee received 29 submissions and held public hearings following which it issued a report on 6 November 2013 which contained 8 conclusions and was laid before the Houses. The Gambling Control Bill will, as set out in the General Scheme, confer responsibility for all regulatory matters on the Minister for Justice and Equality. The Minister's functions will include licensing, inspections and prosecutions, and it is envisaged that these functions will be carried out by a body located within the Department of Justice and Equality. The General Scheme also provides for a dedicated inspectorate to ensure compliance by licence holders with the terms of their licences and with the new legislation generally.

The Gambling Control Bill will have consumer protection generally as one of its core principles, and it is envisaged that it will include several measures aimed at the protection of vulnerable persons, including children, from risks to their well-being arising from gambling. The Scheme includes measures that will require licence holders to act in a socially responsible way. These measures will include controls on advertising, promotions and sponsorship.

The Deputy may wish to note that the Advertising Standards Authority, in its most recent code published in 2015, included specific provisions relating to the advertising of gambling products.

It is also worth noting that the Broadcasting Authority of Ireland is currently engaged in a consultation exercise regarding a revision of its General Commercial Communications Code. This Code will also include specific provisions for gambling operators.

It would remain the intention to proceed with this legislation at the earliest feasible opportunity and, in that light, I expect that this will be given renewed consideration in the preparation of the next legislation programme. At the same time, and pending the bringing forward of the main Bill, I have also asked my Department to examine whether there are any individual pressing areas of concern, intended to be dealt with in the Bill, which could be dealt with sooner by separate legislative measures. In support of these efforts the Government has delegated powers of the Minister for Justice and Equality under the gaming and lotteries legislation to me.

Fines Data

Questions (170)

Denise Mitchell

Question:

170. Deputy Denise Mitchell asked the Tánaiste and Minister for Justice and Equality the fines that were issued in 2014, 2015 and 2016 to date to persons for abandoning pets. [25959/16]

View answer

Written answers

As the Deputy will be aware, the Courts Service Act 1998 provides that management of the courts, including the provision of information on the courts system, 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 inquiries made and the Courts Service has informed me that it is not in a position to provide these statistics. In order for the Courts Service to provide data on a particular offence, the offence must be coded on the Criminal Case Tracking System and currently there is no offence for abandoning pets coded on the Criminal Case Tracking System.

Surveillance Operations

Questions (171)

Catherine Murphy

Question:

171. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality if Irish law requires telecommunications companies to establish the capability to intercept messages transmitted by the company; if so, the legal basis on which such an obligation is imposed; if the costs of such a capability are reimbursed by the State; and if she will make a statement on the matter. [25969/16]

View answer

Written answers

Telecommunications services providers are required to maintain a capacity to intercept telecommunications messages in accordance with the provisions of section 110 of the Postal and Telecommunications Services Act 1983, as amended. The State does not reimburse the costs associated with this.

Surveillance Operations

Questions (172)

Catherine Murphy

Question:

172. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the reason the Murray review of the law on surveillance of journalists, which was to be completed within three months from January 2016, has been delayed; when it will be completed; and if she will make a statement on the matter. [25998/16]

View answer

Written answers

The terms of reference of the Murray Review are to examine the legislative framework in respect of access by statutory bodies to communications data of journalists held by communications service providers, taking into account the principle of protection of journalistic sources; the need for statutory bodies with investigative and /or prosecution powers to have access to data in order to prevent and detect serious crime; and current best international practice in this area.

The review is being carried out on a pro bono basis by former Chief Justice, Mr. Justice John L Murray. The work of the review involves the analysis of complex aspects of Irish and international law, particularly European law, in this area as well as consultation with relevant agencies and stakeholders. Given the complexity of the work involved and the need to receive and consider submissions and observations from a range of agencies and stakeholders it is not possible to say precisely when it will be completed. Recent important developments in EU caselaw also require detailed scrutiny. Judge Murray intends to complete the review as quickly as possible however consistent with a comprehensive assessment of the issues involved.

Garda Deployment

Questions (173, 178)

Imelda Munster

Question:

173. Deputy Imelda Munster asked the Tánaiste and Minister for Justice and Equality if she will increase the level of personnel in the Garda traffic corps in view of the recent rise in road traffic fatalities and the significant decrease in members of the traffic corps in recent years. [26000/16]

View answer

Thomas P. Broughan

Question:

178. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the cost of increasing the Garda traffic corps to 1,000 personnel; if her Department or agencies under its remit have carried out any research on the increase in serious crashes and the decline in traffic corps numbers; and if she will make a statement on the matter. [26131/16]

View answer

Written answers

I propose to take Questions Nos. 173 and 178 together.

I am informed by the Garda authorities that the current strength of the Traffic Corps is 686 (as at 31 July 2016). I am further informed that the first year cost of recruitment of 314 new members to An Garda Síochána on a full year basis is some €6.8 million. However, as the Deputies will be aware, the distribution of personnel within An Garda Síochána is a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.

I acknowledge the serious issue of road traffic collisions referred to by the Deputy, and I am mindful of the traumatic impact of serious collisions on those directly affected and their families, as well as the impact of dangerous driving, more generally, on the quality of life of residents in local communities across the country.

Ireland has, over a number of years, developed a multi-agency approach to road safety through the involvement of a number of agencies working in partnership, under the aegis of a Road Safety Strategy led by my colleague, the Minister for Transport, Tourism and Sport. Our current Road Safety Strategy covers the period 2013-2020 and seeks to close the gap between Ireland and the safest countries in the European Union and beyond. Progress in relation to the actions and outcomes set out in this strategy are monitored on an ongoing basis by the Road Safety Authority and the other agencies involved, and overseen at a Ministerial Committee on Road Safety.

The Deputies are, no doubt, aware of the significant investment in Garda resources currently underway. This investment is closely associated with delivery on the Garda Síochána’s Modernisation and Renewal Programme 2016-2021, which sets out key strategic objectives for Roads Policing and will inform and guide An Garda Síochána’s road policing plans over the next 5 years.

Insofar as road traffic enforcement is concerned generally, An Garda Síochána's Roads Policing Operations Plan 2016 incorporates a programme of high visibility road safety and enforcement operations, carried out in partnership with other state agencies, and is being implemented by each Regional Traffic Superintendent. The focus of the Plan is on the most vulnerable road user categories of motor cyclists, pedal cyclists, pedestrians and learner permit holders. Garda operations specifically target road use behaviour known to contribute significantly to collisions, including speeding, driving while intoxicated, and use of a mobile phone.

Road traffic legislation is also enforced as part of the day to day duties of members of An Garda Síochána. Both targeted and general methods of enforcement have a valuable role to play in An Garda Síochána's enforcement programme, which targets locations with a view to preventing the commission of offences, detecting errant motorists, changing their behaviour and ultimately reducing death and injuries on our roads.

Question No. 174 answered with Question No. 159.

Departmental Staff

Questions (175)

Michael Healy-Rae

Question:

175. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the status of the position with regard to an employee in her Department (details supplied); and if she will make a statement on the matter. [26071/16]

View answer

Written answers

The management of staff and issues arising is a matter for my Department's Secretary General and his officials. I do not have a role in this regard.

However, further to the query raised by the Deputy, I am advised by my officials that they have been in correspondence with the individual concerned and their legal representative and have responded in relation to the matters at issue.

Appointments to State Boards

Questions (176)

Brendan Ryan

Question:

176. Deputy Brendan Ryan asked the Tánaiste and Minister for Justice and Equality the list of all vacancies that existed on 26 February 2016 and all positions that have arisen since, including the date they became vacant, for State boards or governing bodies under her control; the names of those appointed since the Government was formed; if the position was advertised and a shortlist provided to her by the Public Appointments Service; if the appointments were approved by the Cabinet; the positions under her control which are not subject to the PAS system; and if she will make a statement on the matter. [26087/16]

View answer

Written answers

I can advise the Deputy that the information sought in respect of vacancies on State Boards is set out in a table:

State Board

Vacancies on 26 February 2016

Date Vacancy/Vacancies Arose

Names of those appointed

Advertised and Shortlisted

Approved by Cabinet

Appointments not subject to PAS system

Property Services Regulatory Authority

Nil

3 April 2016

Chairperson & 5 ordinary members

Unfilled

Advertised, PAS process recently concluded. Shortlist to be submitted shortly.

N/A

None

Property Services Appeal Board

Nil

24 July 2016

5 ordinary members

Unfilled

Advertised, PAS process recently concluded. Shortlist to be submitted shortly.

To be approved when I have selected nominees from shortlist.

None

Valuation Tribunal

Nil

1 vacancy arose on 19 July 2016

Pat Riney

Yes

N/A

None

Charity Appeals Tribunal

Nil

Newly established Appeal Board under provisions of Charities Act 2009.

Patrick O'Connor (Chair)

Carol Fawsitt

Bill Holohan

Karen Smyth

Deirdre Kiely

Yes

N/A

None

Judicial Appointments Advisory Board (JAAB)

Nil

1 vacancy arose on 1 August 2016

Paul McGarry SC

These positions are filled in accordance with the provisions of Section 13 of the Court and Court Officers Act 1995.

These positions are filled in accordance with the provisions of Section 13 of the Court and Court Officers Act 1995.

These positions are filled in accordance with the provisions of Section 13 of the Court and Court Officers Act 1995.

Courts Service Board

Nil

2 vacancies arose on

17 June 2016 and 31 July 2016 respectively

Unfilled

These positions are filled in accordance with the provisions of Section 11 of the Courts Service Act, 1998.

These positions are filled in accordance with the provisions of Section 11 of the Courts Service Act, 1998.

These positions are filled in accordance with the provisions of Section 11 of the Courts Service Act, 1998.

Private Security Appeals Board

2

2 further vacancies arose on

2 April 2016.

Unfilled

I have invited expressions of interest from suitably qualified candidates for appointment to the Private Security Appeals Board via the stateboards.ie webpage.

N/A

All appointments to the Private Security Appeals Board are made by the Government as per the provisions of Schedule 2 to the Private Security Services Act 2004.

Parole Board

1

N/A

Unfilled

Arrangements are being put in place to advertise this and upcoming vacancies on StateBoards.ie.

Legal Aid Board

1

N/A

Since the Government was formed on 6 May 2016 no further vacancies havearisen on the Legal Aid Board.

N/A

N/A

As the current Board of the Legal Aid Board will expire on 10/10/16 the positions of chairperson and Board member on the Board have recently been advertised by the Public Appointments Service.

Legal Services Regulatory Authority

11

N/A

Technically unfilled but formal appointment will now take place on 1 October 2016.

The ten prescribed nominating bodies were invited to make their nominations for membership which were duly received.

In July those who had been put forward by the Government under the terms and criteria of the nominating process were approved for appointment, as required, by a motion of both Houses of the Oireachtas. Formal appointment will now take place in conjunction with establishment day of the new Regulatory Authority which is to be 1 October 2016.

N/A

Budget 2017

Questions (177)

Thomas P. Broughan

Question:

177. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the projects her Department is prioritising in budget 2017; and if she will make a statement on the matter. [26130/16]

View answer

Written answers

Discussions in relation to Budget 2017 are currently ongoing with the Department of Public Expenditure and Reform. As the Deputy will be aware, my Department's responsibilities are extensive and spread over 8 separate votes. The funding requirements for the Justice Vote Group under discussion include maintaining resourcing for the Garda Síochána across the range of its activities, including further increasing Garda numbers, and ensuring that my Department and the range of important agencies operating under its aegis are adequately funded to deliver the important public services for which they are responsible. In addition to staffing costs, capital funding will be required for continuing improvement to infrastructure and the construction and refurbishment of buildings, including in relation to the forensic science laboratory, Garda stations, courthouses and prisons.

Question No. 178 answered with Question No. 173.

Garda Station Opening Hours

Questions (179)

Pearse Doherty

Question:

179. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the hours and times of operation for each of the Garda stations in County Donegal for each day during the period 1 June 2016 to 31 August 2016 in tabular form; and if she will make a statement on the matter. [26150/16]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner has responsibility for decisions in relation to Garda station opening hours and I, as Minister, have no direct role in these matters.

I have requested the Garda authorities to provide the information requested by the Deputy and will revert to him as soon as I have this to hand.

Wards of Court

Questions (180)

John McGuinness

Question:

180. Deputy John McGuinness asked the Tánaiste and Minister for Justice and Equality the changes in legislation or management of the funds held on behalf of wards of court she will introduce; if she will commence an examination of the way the funds were managed in the past; if she is satisfied that the right decisions were made relative to maximising a return for the wards of court; if she will insist on regular statements of performance being provided to each person; and if she will make a statement on the matter. [26158/16]

View answer

Written answers

As the Deputy may be aware, the phased commencement of the Assisted Decision-Making (Capacity) Act 2015 will begin as soon as possible before the end of the year. The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties. The specific decision-making supports available under the Act to adults with capacity difficulties are decision-making assistants, co-decision-makers and decision-making representatives who will be supervised by the Director of the Decision Support Service.

Once the relevant provisions of the Act have been commenced, each ward of court who is an adult will be reviewed by the wardship court in accordance with the new system. A ward who is found to have capacity will be discharged from wardship. A ward who continues to have capacity needs will be discharged from wardship and offered the decision-making support option most appropriate to his or her needs.

As the Deputy may also be aware, jurisdiction in Wards of Court matters is vested in the High Court. Section 4(3) of the Courts Service Act 1998 provides that the Courts Service is independent in the performance of its functions, including the management of the Courts. Court funds which are held for the benefit of Wards of Court are private funds under the control of the Courts Service which, through its offices in the High, Circuit and District Courts, has responsibility for the management and investment of funds in court.

However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has advised that the investment arrangements for all court funds operate under a structured framework. The Investment Committee of the Courts Service has an advisory role and its main function is to devise investment policy for court funds, oversee the recommendations received from its investment advisors, and to ensure compliance with best practice in the management of court funds. The Committee comprises members of the judiciary, representatives from the Courts Service and independent members. The Committee is chaired by the President of the High Court and is also supported by external investment advisors. The Courts Service also produces annual financial statements and is subject to both internal and external audit. The audited financial statements are published each year in accordance with the Superior Court Rules and published on the Courts Service website at www.courts.ie.

Arrangements have been made to carry out an independent review as requested in the Public Accounts Committee in its Report on Wards of Court Funds in July 2015 and the Courts Service has informed me that this review will be completed shortly. In addition, individual statements on the performance of court funds will be issued. However, it is important to ensure that data held on each case, such as names and addresses of person's to whom sensitive information is issued, is accurate and up to date and work has commenced to update and verify the information held on the Courts Service tracking systems. This will be completed by the end of 2016, at which time individual statements will issue.

Garda Stations

Questions (181)

Josepha Madigan

Question:

181. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality when considering suitable stations for reopening on a pilot basis, if the Garda Commissioner and policing forum will consider the 2016 census figures which show a population increase of 2,362 in the Stepaside-Glencullen area; and when a decision on which stations have been selected will be available. [26165/16]

View answer

Written answers

As the Deputy will be aware, the 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.

Under the Programme, the Government is committed to asking the Policing Authority to oversee a review of, amongst other things, both the boundaries of Garda districts and the dispersement of Garda stations in rural areas. In addition, 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.

In relation to the proposed pilot scheme, I have requested the Garda Commissioner, while fully cognisant of her statutory functions in relation to the distribution of Garda resources in the State, to identify for reopening 6 stations that were closed under the Garda Síochána District and Station Rationalisation Programme. I have also asked the Authority to initiate the proposed review.

Garda Recruitment

Questions (182)

Jim O'Callaghan

Question:

182. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of the 3,200 new members of An Garda Síochána to be recruited on a phased basis over the next four years that will be recruited in 2017; the expected cost of the 2017 recruitment in 2017; and the full year cost of same. [26201/16]

View answer

Written answers

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 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, reaching a strength of 15,000 will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that will have been recruited by the end of this year since the reopening of the Garda College in September 2014. So far 534 recruits have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide.

While the Estimates campaign has yet to be concluded, it is my strongly held view that 800 Gardaí should be recruited next year and in each subsequent year until the 15,000 level is reached and I will be working with my colleagues in Government to achieve this. The full year cost for the recruitment of 800 Gardaí in 2017, is approximately €17.4 million, the actual costs will be determined by the intake sizes and the commencements dates in the Garda College in 2017.

In order to continue to ensure seamless ongoing recruitment I was very pleased to announce the commencement of a new recruitment campaign on 8 September. The campaign is being organised by the Public Appointments Service on behalf of the Garda Commissioner. Applications must be made through www.publicjobs.ie before the closing date for applications on 29 September 2016. The existing recruitment campaign (launched last November) is ongoing and successful candidates will continue to be called from that campaign this year and into next year. It is expected that successful candidates from the new campaign will enter the Garda College from mid-2017.

As I have stated previously, when accelerating recruitment it is essential to ensure that An Garda Síochána has the capacity to train larger numbers without any diminution in the quality of its excellent Bachelor of Arts in Applied Policing, and to provide appropriate supervision and support to newly qualified Gardaí to ensure that victims and the public generally are well served by their policing service. My officials are engaging with Garda management as a matter of priority in relation to the preparation of a recruitment plan for the next five years that will ensure the delivery of increased numbers of Gardaí without any compromise on the quality of those recruited or the training programme.

An accelerated programme of recruitment of trainee Gardaí is essential to ensuring a visible policing presence but it is not the only means. This is recognised in the Programme for Government which includes commitments to double the Garda Reserve to act in a supportive role undertaking local patrols and crime reduction measures. Again my officials are engaging with Garda management on a plan to deliver this commitment.

Garda Deployment

Questions (183)

Róisín Shortall

Question:

183. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality the number of gardaí by rank in each of the Garda stations on Dublin's northside at 1 September 2016, 1 March 2016 and 1 September 2015. [26203/16]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions and Districts, and I as Minister have no direct role in the matter. 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.

I have been informed by the Garda Commissioner that on 31 July 2016, the latest date for which figures are readily available, there were 680 and 607 members assigned Dublin Metropolitan Region (DMR) North and North Central Divisions respectively. The detailed information requested is set out in the tables.

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 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, reaching a strength of 15,000 will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that will have been recruited by the end of this year since the reopening of the Garda College in September 2014. So far 534 recruits have attested as members of An Garda Síochána of whom 41 have been assigned to the DMR North and 45 to the DMR North Central. Another 150 recruits are due to attest later this year.

In order to continue to ensure seamless ongoing recruitment I was very pleased to announce the commencement of a new recruitment campaign on 8 September. The campaign is being organised by the Public Appointments Service on behalf of the Garda Commissioner. Applications must be made through www.publicjobs.ie before the closing date for applications on 29 September 2016. The existing recruitment campaign (launched last November) is ongoing and successful candidates will continue to be called from that campaign this year and into next year. It is expected that successful candidates from the new campaign will enter the Garda College from mid-2017.

As I have stated previously, when accelerating recruitment it is essential to ensure that An Garda Síochána has the capacity to train larger numbers without any diminution in the quality of its excellent Bachelor of Arts in Applied Policing, and to provide appropriate supervision and support to newly qualified Gardaí to ensure that victims and the public generally are well served by their policing service. My officials are engaging with Garda management as a matter of priority in relation to the preparation of a recruitment plan for the next five years that will ensure the delivery of increased numbers of Gardaí without any compromise on the quality of those recruited or the training programme.

An accelerated programme of recruitment of trainee Gardaí is essential to ensuring a visible policing presence but it is not the only means. This is recognised in the Programme for Government which includes commitments to double the Garda Reserve to act in a supportive role undertaking local patrols and crime reduction measures. Again my officials are engaging with Garda management on a plan to deliver this commitment.

Garda Strength by Rank DMR North and DMR North Central Division 31 July 2016

Division

District

Station

Gda

Sgt

Insp

Supt

C/Supt

Total

BALBRIGGAN

55

10

2

1

68

GARRISTOWN

2

2

LUSK

9

1

10

BALBRIGGAN

SKERRIES

8

1

9

Total

74

12

2

1

89

BALLYMUN

95

20

1

3

1

120

DUBLIN AIRPORT

18

2

20

BALLYMUN

SANTRY

73

11

84

Total

186

33

1

3

1

224

COOLOCK

84

14

3

1

102

MALAHIDE

27

4

31

COOLOCK

SWORDS

58

11

69

Total

169

29

3

1

202

CLONTARF

63

8

71

HOWTH

24

4

28

RAHENY

RAHENY

55

9

1

1

66

D.M.R. NORTH

Total

142

21

1

1

165

D.M.R. NORTH Total

571

95

7

6

1

680

BRIDEWELL

BRIDEWELL

117

36

3

2

158

FITZGIBBON STREET

MOUNTJOY

166

18

4

1

189

IMMIGRATION D/DOCKS

3

3

STORE STREET

STORE STREET

213

38

2

2

2

257

D.M.R. NORTH CENTRAL

Total

216

38

2

2

2

260

D.M.R. NORTH CENTRAL Total

499

92

9

5

2

607

Garda Strength by Rank DMR North and DMR North Central 29 February 2016

Division

District

Station

Gda

Sgt

Insp

Supt

C/Supt

Total

BALBRIGGAN

50

10

3

1

64

GARRISTOWN

2

2

LUSK

9

1

10

BALBRIGGAN

SKERRIES

8

1

9

Total

69

12

3

1

85

BALLYMUN

97

19

4

3

1

124

DUBLIN AIRPORT

18

2

20

BALLYMUN

SANTRY

72

10

82

Total

187

31

4

3

1

226

COOLOCK

86

13

2

1

102

MALAHIDE

27

2

29

COOLOCK

SWORDS

54

10

1

65

Total

167

25

3

1

196

CLONTARF

59

6

65

HOWTH

24

3

27

RAHENY

RAHENY

56

9

1

1

67

D.M.R. NORTH

Total

139

18

1

1

159

D.M.R. NORTH Total

562

86

11

6

1

666

BRIDEWELL

BRIDEWELL

119

35

4

1

159

FITZGIBBON STREET

MOUNTJOY

165

17

4

1

187

IMMIGRATION D/DOCKS

3

3

STORE STREET

STORE STREET

201

33

4

2

1

241

D.M.R. NORTH CENTRAL

Total

204

33

4

2

1

244

D.M.R. NORTH CENTRAL Total

488

85

12

4

1

590

Garda Strength by Rank DMR North and DMR North Central 31 August 2015

Division

District

Station

Gda

Sgt

Insp

Supt

C/Supt

Total

BALBRIGGAN

49

10

3

1

63

GARRISTOWN

2

2

LUSK

6

1

7

BALBRIGGAN

SKERRIES

7

1

8

Total

64

12

3

1

80

BALLYMUN

93

19

4

3

1

120

DUBLIN AIRPORT

19

2

21

BALLYMUN

SANTRY

78

11

89

Total

190

32

4

3

1

230

COOLOCK

90

13

2

1

106

MALAHIDE

27

2

29

COOLOCK

SWORDS

55

10

1

66

Total

172

25

3

1

201

CLONTARF

59

6

65

HOWTH

25

3

28

RAHENY

RAHENY

49

9

1

1

60

D.M.R. NORTH

Total

133

18

1

1

153

D.M.R. NORTH Total

559

87

11

6

1

664

BRIDEWELL

BRIDEWELL

120

35

5

1

161

FITZGIBBON STREET

MOUNTJOY

162

18

4

1

185

IMMIGRATION D/DOCKS

3

3

STORE STREET

STORE STREET

199

35

4

2

1

241

D.M.R. NORTH CENTRAL

Total

202

35

4

2

1

244

D.M.R. NORTH CENTRAL Total

484

88

13

4

1

590

Asylum Applications

Questions (184)

Fiona O'Loughlin

Question:

184. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the reason for the delay in supplying a person (details supplied) with necessary documentation; and if she will make a statement on the matter. [26264/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that if 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.

Information in relation to any applicant, other than to a duly authorised Legal Representative, can only be issued by the protection determining bodies (Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal) with the written approval of the applicant. Protection applicants, or their legal representatives, are of course entitled to raise an enquiry with the relevant determining body as to the status of their application at any stage of the protection process.

Question No. 185 answered with Question No. 3.

Garda Reserve

Questions (186)

Jim O'Callaghan

Question:

186. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the full year cost of increasing the Garda Reserve by 300. [26319/16]

View answer

Written answers

I am informed by the Garda authorities that members of the Garda Reserve as part of their training programme spend 15 days in attendance at the Garda College, including the graduation ceremony, and 40 hours assigned to a Garda Station. Following attestation, the annual allowance payable to Reserve members as a contribution towards their expenses is set at €1,000 per annum. In addition, the uniform cost per Reserve member is in the region of €1,300.

I am further advised that the cost of training both recruits and members of the Reserve is subsumed into the overall training costs of the Garda College and is not easily identifiable. However, the total cost of running the Garda College in 2015 was approximately €19m, which includes the salary costs of all College personnel.

Garda Stations

Questions (187)

Brendan Smith

Question:

187. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality when a project (details supplied) will proceed to the next stage; the likely timescale for the tendering process and the estimated cost; and if she will make a statement on the matter. [26321/16]

View answer

Written answers

The Office of Public Works has the primary responsibility for the provision and maintenance of Garda accommodation and works closely with the Garda authorities in this regard.

The Deputy will be aware that the Garda Building and Refurbishment Programme 2016-2021 includes the development of a new Garda station at the District Headquarters of Bailieboro, Co Cavan.

I am happy to inform the Deputy that, following consultation between Garda management and the OPW, a site has been identified for the new Garda Station and the OPW advises that it is progressing the legal matters relating to the acquisition of the site.

Until the site acquisition is completed, it is not possible to provide an exact timeline and details on procurement, construction and costing of the new station.

Garda Compensation

Questions (188)

Bobby Aylward

Question:

188. Deputy Bobby Aylward asked the Tánaiste and Minister for Justice and Equality the status of a Garda compensation claim for a person (details supplied); and if she will make a statement on the matter. [26357/16]

View answer

Written answers

On 29 February 2016 an authorisation was granted to the claimant to apply to the High Court for compensation in accordance with the Garda Síochána (Compensation) Acts, 1941 and 1945.

Garda Compensation

Questions (189)

Bobby Aylward

Question:

189. Deputy Bobby Aylward asked the Tánaiste and Minister for Justice and Equality the exact number of Garda compensation claims currently under assessment within her Department in tabular form; the year in which each was received and the current stage of assessment of each; and if she will make a statement on the matter. [26358/16]

View answer

Written answers

The Garda Síochána (Compensation) Acts, 1941 and 1945 provide for a scheme of compensation for members of An Garda Síochána who are maliciously injured in the course of their duty or in relation to the performance of their duties as members of An Garda Síochána and for the dependants of members who have died from injuries maliciously inflicted on them.

Before deciding if an applicant should be authorised to apply to the High Court for compensation in respect of the injury, the practice has been for the Minister to consider all medical reports submitted by the applicant, together with a report on the incident by the Garda Commissioner and a report on the injury by the Garda Chief Medical Officer.

The whole process of progressing an application for compensation from the date of its receipt to the date it is authorised, may take a considerable period of time. The case cannot be examined until the relevant medical and investigation reports are furnished to my Department. Unavoidable delays can occur where necessary additional enquiries are required, because of the seriousness of the injuries received and the circumstances of the incident.

There are currently 145 applications for compensation ready for processing, which can be broken down as follows:

No. of cases being examined by the Department

71

No. of cases with queries and/or additional reports to be furnished

61

No. of cases with Deciding Officer for final decision

13

Total

145

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