Written Answers Nos. 121-137
121. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [27194/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that no record of this person has been found in my Department and that the individual concerned should report to their local Immigration Office.
Please be informed that it is illegal under the Immigration Act 2004 to reside in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under section 13 of the Act of 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As this person does not have current immigration permission they are not entitled to work.
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 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 Parliamentary Question 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.
122. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in determination of an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [27195/16]
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 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.
123. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if, notwithstanding the recent decision to award stamp 1 and stamp 3 for six months, respectively, in the case of persons (details supplied), stamp 4 can be awarded in both instances with particular reference to obtaining secure employment; and if she will make a statement on the matter. [27209/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the first named person concerned was granted permission to remain on 'stamp 1' conditions for six months on the 11th August, 2016, in order to allow them to apply to obtain an employment permit from the Department of Jobs, Enterprise and Innovation. The person referred to should ensure that an application for an employment permit is made by them, or on their behalf, at the earliest possible opportunity within that six month period. Should they succeed in their employment permit application, they will be entitled to a longer period of permission to remain.
The second named person concerned has been granted permission to remain in the State, on 'stamp 3' conditions, for six months on the 11th August, 2016 as a dependant of the first named person.
The appropriate immigration stamps have been granted to the people referred to and no information has been put forward to justify the granting of residence permission on a 'stamp 4' basis.
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.
124. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied) regarding grant aid; and if she will make a statement on the matter. [27214/16]
View answerI am very conscious of the value that communities, especially rural communities, place on CCTV as a means of deterring crime, assisting in the detection of offenders and providing a sense of safety and security.
Indeed, this is reflected in the Programme for a Partnership Government, which includes a commitment to provide investment in CCTV systems along the road network and in urban centres, and work is in progress in my Department with a view to giving effect to that commitment.
125. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality if she is satisfied that court procedures are carried out in a sensitive manner, that persons entering court are treated with respect and that no preferential treatment is given to some solicitors over others; and if she will address concerns by persons taking legal action that there are robust complaints procedures for them to avail of when necessary. [27236/16]
View answerAs the Deputy will be aware, judges are independent in matters concerning the exercise of judicial functions, subject only to the Constitution and the law. The conduct of any decision reached in any court case is a matter entirely for the presiding judge.
The Deputy may also be aware that there is a commitment to legislate to establish a Judicial Council, to provide an effective mechanism for dealing with complaints against judges. This commitment is being pursued by way of the proposed Judicial Council Bill which will provide for the establishment of a Judicial Council and Board of that Council to promote excellence and high standards of conduct by judges. In addition, the Bill will provide for the establishment of a Judicial Conduct Committee, the membership of which will include lay persons, to facilitate the investigation of allegations of judicial misconduct.
My Department is working closely with the Office of the Attorney General to bring the Bill to a timely conclusion and it is the Government's intention to have this legislation published in the current Dáil session.
126. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality the number of persons that were convicted in the courts of animal abuse in each of the years 2013, 2014, 2015 and to date in 2016. [27237/16]
View answerAs the Deputy is 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 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 information set out in the following table.
|
Years |
No. of Persons Convicted |
|
Jan – Dec 2013 |
23 |
|
Jan - Dec 2014 |
21 |
|
Jan – Dec 2015 |
16 |
|
Jan – Jul 2016 |
2 |
Note:
- It is considered that abuse of animals as referenced in the question relates to cruelty to animals.
- It should be noted that the Courts Service cannot certify that the above data represents all convictions for cruelty to animals. Data can only be provided where standard offence codes on Criminal Case Tracking System for cruelty to animals are used by prosecutors. Prosecutors may have used an uncoded free text code against which the Courts Service cannot report.
127. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied) regarding funding; and if she will make a statement on the matter. [27269/16]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, 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 following the removal by Kerry County Council of public toilets outside Killarney Courthouse, the Courts Service is considering how to improve toilet facilities in the Courthouse. The Courts Service has been in discussions with Kerry County Council in regard to this matter.
I am informed that mediation facilities are provided at present in Tralee and that the provision of mediation facilities in Killarney is a matter that would require consideration in consultation with all relevant stakeholders. The Courts Service has advised that any such works would be constrained by the limitations of the Courthouse site and would be subject to the necessary funding being available.
128. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed in a naturalisation case (details supplied); and if she will make a statement on the matter. [27280/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person arrived in the State on 1 November 2014 and registered as a student on 5 December 2014. Their permission is due to expire on 5 December 2016.
I wish to draw your attention to the document 'Guidelines for non EEA national students registered in Ireland before 1 January, 2011' which is available on the INIS website at www.inis.gov.ie. This notice clarifies the position in relation to a non-EEA student registered in Ireland. As well as the above document, a series of guideline notes outlining how the new immigration regime operates are also available on the INIS website, including information on maximum time limits for students who wish to study at Language Non Degree Level and Degree Level. The overall 7 year period offered to students give ample opportunity to achieve the sort of qualifications they need to qualify them for an employment permit, if they wish to remain on in Ireland afterwards.
It is noted that this person has 5 years remaining on the student pathway. As they have not completed the maximum time permitted for student conditions in the State, they are entitled to apply for further permission to remain in the State as a student until they have reached the maximum time allowable. Further information on this is available in the aforementioned Guidelines.
Please be informed that it is illegal under the Immigration Act 2004 to reside in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable under section 13 of the Act of 2004 to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.
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 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 Question 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.
129. Deputy Billy Kelleher asked the Tánaiste and Minister for Justice and Equality the number of serving Garda reservists who have successfully applied to become members of the Garda Síochána for each year since Garda recruitment resumed, in tabular form. [27317/16]
View answerI have been advised by the Garda Commissioner that the number of serving Garda Reserves who have successfully applied to become members of An Garda Síochána for each year since the resumption Garda recruitment in 2013 is set out as follows.
|
Year |
2014 |
2015 |
2016 |
Total |
|
Garda Reserves who entered the Garda College as trainee Garda |
34 |
56 |
73 |
163 |
130. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which arrests have been made and charges preferred against the perpetrators given the seriousness and life threatening nature of the situation arising from recent disturbances in residential areas in north Kildare; the extent to which Garda strength in the area is a factor with particular reference to the response to the public; if immediate steps can be taken to ensure a rapid response to such incidents in the future; and if she will make a statement on the matter. [27329/16]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible for the deployment of resources, including personnel, among the various Garda Divisions and Districts and I, as Minister, have no direct role in the matter. Garda management keeps the allocation of resources under continual review in the context of crime trends and policing priorities so as to ensure that optimum use is made of these resources.
I am advised by the Garda authorities that An Garda Síochána responded to the incidents in question, and that these incidents are being actively investigated. I understand that Gardaí are well aware of the seriousness of the incidents referred to, but the Deputy will appreciate that in view of the ongoing Garda investigations it would be inappropriate for me to comment in more detail at this time. I am, however, also informed that a Garda Superintendent has met with local residents and there is ongoing liaison with residents and community stakeholders with a view to preventing further similar incidents. Local Garda management have also implemented additional policing measures in the areas in question, including additional Garda foot patrols, checkpoints and patrols by the Regional Support Unit.
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, which will undoubtedly enhance the capacity of An Garda Síochána to meet policing needs throughout the country, including the area referred to by the Deputy. 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 of the new recruits have attested as members of An Garda Síochána, of whom 25 have been assigned to the Kildare Division.
131. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if she has discussed with her British counterpart the United Kingdom’s plans to continue accepting refugees following the Brexit vote; her plans to accept an increased numbers of refugees following the possible impact of the Brexit vote; and if she will make a statement on the matter. [19415/16]
View answerThe result of the recent referendum in the United Kingdom marks the beginning of a new phase which will include a negotiated withdrawal from the European union by the UK that is expected to take place over a two year period once Article 50 of the Treaty on the Functioning of the European Union (TFEU) is invoked by the UK.
In September 2015, the Government agreed to establish the Irish Refugee Protection Programme (IRPP) and to accept up to 4,000 persons overall under the EU relocation and resettlement programmes. This is made up of approximately 2,622 persons to be relocated to Ireland from other EU Member States (Italy and Greece) under the two EU relocation decisions and 520 programme refugees which Ireland pledged to resettle under the voluntary EU resettlement programme. I recently announced that Ireland will resettle an additional 260 programme refugees from Lebanon in Spring 2017. The mechanism by which the balance of persons will be admitted has yet to be decided. Persons admitted here under these programmes will also have an entitlement to family reunification, thereby further increasing the potential numbers to be accepted by Ireland.
The United Kingdom is not taking part in the EU relocation and resettlement programmes and therefore the numbers to be admitted to Ireland and other EU Member States under these measures will not be impacted by the result of the recent UK referendum. In addition to the IRPP, Ireland continues to accept applications for refugee status from persons who are inside or at the frontiers of the State.
Ireland has always lived up to its international humanitarian obligations and I will continue to work with my colleagues in Europe to ensure that Ireland and the European Union responds comprehensively to the current migration and refugee crisis.
132. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the reason for the delay in the commencement of the statutory inquiry related to a case (details supplied); and when it will be convened and the likely timeframe for completion. [27452/16]
View answerThe Deputy refers to a case which has been the subject of a review carried out under the Independent Review Mechanism set up by the Government to consider complaints of Garda misconduct received by the Taoiseach and myself.
In the case referred to in the Deputy's question, counsel recommended a non-statutory inquiry. I accepted this recommendation and informed the complainant of my decision. Subsequently, in consultation with the Attorney General on this and the other cases where an inquiry was recommended, I decided that a statutory inquiry under section 42 of the Garda Síochána Act would be a more effective instrument for such an inquiry. This fact was communicated to the person concerned on 18 May, 2016.
I am currently consulting with the Attorney General about the terms of reference for the inquiry and will need to consult with the Policing Authority thereafter. It is not possible at this stage to indicate a possible timeframe, however, I will be in further contact with the person referred to in due course.
133. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality her proposals to provide additional Garda Síochána personnel to the Cavan-Monaghan Garda division in view of the substantial fall in Garda numbers in that division over the past five years; and if she will make a statement on the matter. [27470/16]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, 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 the 31 August 2016, the latest dates for which figures are readily available, there were 318 Gardaí assigned to the Cavan/Monaghan Division, with 15 reserves and 35 civilians. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation (NBCI), the Garda National Economic Crime Bureau (formerly the Garda Bureau of Fraud Investigation) and the Drugs and Organised Crime Unit. The needs of each Division are fully considered within the context of the overall policing needs of the State.
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 15 have been assigned to the Cavan/Monaghan Division. Another 150 will attest later this year and will be assigned to mainstream uniform duties nationwide.
In order to continue to ensure seamless ongoing recruitment of trainee Gardaí I was very pleased to announce the commencement of a new recruitment campaign on 8 September which includes a special stream for eligible reserve members. 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 this Friday the 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. Cavan/Monaghan Division, and all other Garda Division, will undoubtedly benefit from these resources now coming on stream.
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 training programme, and to provide appropriate supervision and support to newly qualified Gardaí to ensure that victims and the public are well served. I welcome the detailed planning process that the Commissioner and her team have in place to ensure the delivery of increased numbers of Gardaí without any compromise on the quality of those recruited or the training programme.
134. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Justice and Equality the number of offenders who will participate in the joint strategy for the management of offenders initiative recently extended to Dundalk, Limerick city and Waterford city; her plans to include offenders in County Louth not domiciled in Dundalk; if offenders from the District Courts and Circuit Courts will be included; the budget for the programme; the number of persons who will be employed on this scheme by location; and if she will make a statement on the matter. [27476/16]
View answerI can advise the Deputy that the Joint Agency Response to Crime (J-ARC), which forms part of the Joint Strategy on the Management of Offenders, is an inter-agency response to the management and rehabilitation of offenders involving the Probation Service, the Prison Service and An Garda Síochána, working in collaboration to target certain prolific offenders so as to address their behaviour and reduce crime, thereby increasing community safety. I understand that it is intended that initially ten offenders will be included on the scheme in each of these areas of Dundalk, Limerick City and Waterford city. Decisions in relation to selection and inclusion on each of the schemes will be managed by the local operational cross agency team. I further understand the scheme will be operated from within existing overall resources on the part of each of the agencies involved.
135. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality if the plan to rezone part of the site of the Hammond Lane, Smithfield, Dublin will cause delays in the development of the family and child court complex scheduled for completion in 2020; the steps being taken to prevent any possible delays in the project; and if she will make a statement on the matter. [27527/16]
View answerAs outlined in my response to Parliamentary Questions 38 and 97 of 16 September 2016, the rezoning of a part of the Hammond Lane site as a park had been proposed in an amendment which had been tabled by some members of Dublin City Council to the draft Dublin City Development Plan 2016 - 2022. As the Deputy may be aware, the Courts Service had expressed serious concerns at the potential effect of the proposal to rezone part of the site at Hammond Lane as a public park as this would have severely limited the possibilities for the development of the site for a Family and Children Court complex. However, the Courts Service was made aware that the rezoning proposal was withdrawn recently with the effect that the full site at Hammond Lane remains available for this important courthouse development.
I am pleased that the plans for a dedicated and integrated Family Law and Children’s Court building on a site at Church Street and Hammond Lane, adjacent to the Four Courts, are progressing. The Courts Service is working with the Office of Public Works on the design of this project and will be working with the National Development Finance Agency on the procurement process with a view to the project being completed by 2020.
136. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her plans to eliminate the use of solitary confinement in Irish prisons, which has been consistently been criticised by international human rights periodic reviews. [27528/16]
View answerI am advised by the Irish Prison Service that there is no provision for solitary confinement in the Irish Prison Service. However, the Deputy will appreciate that, on occasion, it is necessary for vulnerable prisoners and others to be separated from the general prison population.
The restriction of a prisoner's regime can occur due to a number of factors including the protection of vulnerable prisoners. This is provided for under Rule 63 of the Prison Rules 2007. A prisoner may, either at his/her own request or when the Governor considers it necessary, in so far as is practicable and subject to the maintenance and good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause significant harm to him/her.
In addition, the Governor may decide, for the maintenance of good order in the prison, to remove a prisoner from general association or structured activity to reduce the negative effect that a prisoner or prisoners may have on the general population. This is provided for under Rule 62 of the Prison Rules 2007.
The fact that prisoners seeking protection are immediately separated from the general population or from specific prisoners identified as presenting a threat, clearly demonstrates the commitment of the Irish Prison Service to ensure their safety and security. The status of each prisoner on restricted regime within the prison system is regularly reviewed. If possible, prisoners can be transferred to other institutions where a restricted regime would not be necessary.
The Director General of the Irish Prison Service has established a high level group to look at measures which can be introduced to reduce the number of prisoners currently held on restricted regimes with a view to ensuring that all receive, as a minimum standard, out of cell time of 3 hours per day to engage in exercise or activity.
The Irish Prison Service Statistics Unit commenced the collation of a quarterly Census of Restricted Regime Prisoners in 2013. Since the commencement of the survey in July 2013, the number of prisoners on 22/23 hour lock up has decreased by 137 or 65% from 211 to 74.
I can advise the Deputy that the Irish Prison Service publish the Census of Restricted Regime Prisoners on their website (www.irishprisons.ie).
137. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality the cost of introducing a minimum wage of €12, €13, €14 or €15 an hour for all employees under the aegis of her Department; and if she will make a statement on the matter. [27782/16]
View answerI can inform the Deputy that based on current staffing figures, the additional annual salary cost to my Department of implementing the various minimum wages referred to in the Deputy's question and the numbers of staff affected are contained in the following table:
|
Minimum wage rate |
Number of staff under rate |
Total cost of introducing the minimum wage rate concerned |
|
Minimum wage of €12 per hour |
243 |
€1,048,350 |
|
Minimum wage of €13 per hour |
385 |
€1,877,365 |
|
Minimum wage of €14 per hour |
523 |
€3,063,804 |
|
Minimum wage of €15 per hour |
1031 |
€5,132,497 |
|
|
|
|
These figures include bodies under the aegis of my Department with the exception of An Garda Síochána. I have asked An Garda Síochána to provide the information directly to the Deputy as soon as it is available.
The referred reply under Standing Order 42A was forwarded to the Deputy.
