Written Answers Nos. 85-102
85. Deputy John Brady asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the fact that homes that house those with intellectual disabilities are finding it difficult to find house insurance with insurance companies not offering a quote at all, even for contents alone; and if she will make a statement on the matter. [26636/16]
View answerIf an individual feels that they have been discriminated against in the provision of a service, such as insurance, they may contact the Irish Human Rights and Equality Commission for advice in relation to how to make a formal complaint and take a claim under equality legislation. Complaints in that regard are subject to the independent adjudication of the Workplace Relations Commission and I have no role in the process.
86. Deputy Gerry Adams asked the Tánaiste and Minister for Justice and Equality the status of progress made in putting a new disability inclusion strategy in place; the objectives which have been identified; the consultations which have taken place to date; and when she will provide a report on same. [27035/16]
View answerThe new National Disability Inclusion Strategy will replace the previous Disability Strategy Implementation Plan, and will take a whole-of-Government approach to disability issues, including setting out high-level objectives and detailed actions in the areas of education, employment, provision of public services, health, income support, and personal safety and autonomy. The third phase in the consultation process that is taking place with a view to developing the Strategy was launched in July 2016.
Phase 2 of the consultation process, which concluded in December 2015, included a round of regional consultation meetings that focused on identifying high level objectives under each of the strategic themes agreed in Phase 1. These meetings took place in Cork, Tullamore and Dublin. There was also an opportunity to comment on the Consultation Document online, or to email/post submissions to the Department of Justice and Equality. A dedicated focus group for people with intellectual disabilities also took place.
The themes and associated high-level objectives that emerged from Phase 1 and 2 of the process are set out in the Consultation Document for Phase 3 that is available on the website of the Department of Justice and Equality. Phase 3 of the process, which has now commenced, will focus on identifying precise and measurable actions and timescales for achievement of each of the above named objectives. The Department of Justice and Equality is again seeking the input of stakeholders – disability organisations and service providers, individuals with a lived experience of disability, Government departments and agencies – into the process of agreeing these actions and timescales. The consultations in this Phase will take place on the following dates:
- 13th October – Cork
- 17th October – Dublin
- 25th October – Tullamore
Submissions can also be e-mailed/posted to the Department of Justice and Equality. A specialised focus group for stakeholders with intellectual disabilities will also take place. Following phase 3, a revised draft of the new Strategy will be prepared with the assistance of the National Disability Strategy Steering Group for consideration by Government. I intend that the new Strategy will be in place by end 2016.
87. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality the position on a project (details supplied); and if she will make a statement on the matter. [27469/16]
View answerThe Valuation Office is currently undertaking a systematic national programme of revaluing, for rates purposes, all industrial and commercial properties in the State on a rating authority area basis. The purpose of revaluation is to bring more equity, fairness and transparency into the local authority rating system and to distribute the commercial rates liability more equitably between ratepayers. The immediate objective of the national revaluation programme is to ensure that the first revaluation of all rating authority areas in over 150 years is conducted as soon as possible. Following this revaluation, subsequent revaluations of each rating authority area will then be carried out on a cyclical basis no sooner than five years and no later than ten years after the first revaluation in accordance with Section 25 of the Valuation Act 2001.
The Commissioner of Valuation is independent in the performance of his functions and decisions with regard to the selection of rating authority areas for revaluation is his sole prerogative. Section 19(1) of the 2001 Act empowers the Commissioner, after consultation with the Minister for Housing, Planning, Community and Local Government and the rating authority concerned, to make a Valuation Order specifying a rating authority area over which a revaluation is to be conducted. I am advised that the revaluation programme which began with South Dublin, Fingal and Dun Laoghaire-Rathdown County Council areas has also been rolled out to the Dublin City Council area, Waterford City and County Council area and Limerick City and County Council area. Since November 2015, revaluation is currently underway in the County Council areas of Kildare, Leitrim, Longford, Offaly, Roscommon, Sligo and Westmeath. Additionally, the second revaluation of South Dublin has commenced and statutory valuation orders were recently signed to signal the commencement of the revaluation of Counties Carlow and Kilkenny. The revaluation in these two County Council areas is being conducted on a pilot basis using outsourced external resources. This approach was provided for in the Valuation (Amendment) Act 2015 to allow the Commissioner to contract out some of the revaluation work, in order to augment the in-house capacity of the Valuation Office.
The Deputy will be aware that the Valuation (Amendment) Act 2015 has as its primary purpose the acceleration of the national revaluation programme and it contains a number of measures in this regard. In addition to the outsourcing of part of the revaluation work, the Act also provided for the Commissioner to conduct a revaluation with the assistance of the occupiers of property using elements of self-assessment. This provision, known as “Occupier Assisted Valuation”, is one of the express provisions intended to assist the acceleration of the national revaluation programme. This approach, though readily used in personal and corporate taxation codes, has not been used in comparable jurisdictions in relation to property valuations for rating purposes.
I understand that the Commissioner intends running a pilot project in the County Laois rating authority area using ”Occupier Assisted Valuation”. The Valuation Office has conducted the necessary statutory consultations both with the Minister for Housing, Planning, Community and Local Government and with Laois County Council and is now embarking on the development of appropriate technical and statutory systems of valuation to underpin the pilot project and allow for its initiation in 2017. Careful planning is required at this stage as the pilot involves an entirely different interaction with occupiers of property than has been the case heretofore.
The Occupier Assisted participative approach will involve the use of new sophisticated valuation tools for the first time and requires the development and implementation of extensive information and communications technology facilities. In particular, I am advised that the provision of a wide range of on-line supports will be essential to the success of the project, including use of video and audio technology to assist ratepayers in carrying out their elements of the process. It is also intended that there will be extensive engagement with the ratepayers through an information campaign which will be undertaken to ensure maximum participation to ensure the success of the pilot.
88. Deputy Louise O'Reilly asked the Tánaiste and Minister for Justice and Equality the action being taken by her Department to ensure that recommendations of the 2015 report on improvements to the direct provision system are implemented; the reason the progress report at part 5.100 lists the recommendation as being implemented by the HSE despite the absence of new protocols and enhanced services; the engagement her Department has had with the HSE on this; if there has been a follow-up on this; the action that will be taken to ensure new protocols and enhanced services are actually developed; the timeframe for same; and if she will make a statement on the matter. [26455/16]
View answerSince its publication in June, 2015 the Report of the Working Group on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers, has been under proactive consideration; in the first instance by the Cabinet Committee on Social Policy and Public Service Reform and thereafter on an ongoing basis in my Department and other relevant Government Departments and Agencies. The Report contains a total of 173 recommendations, many of which have implications for a number of Government Departments and services. In the most recent review of progress in June, 91 recommendations were found to have been implemented; a further 49 recommendations were found to have been partially implemented or were in progress; and the balance remained under consideration. This represents significant progress in taking forward the Working Group recommendations, with 80% now implemented, partially implemented or in progress. I have committed to advancing the remaining 20%, taking into account the necessary resources that some of these will require.
The current position with regard to detailed progress on the Working Group recommendations is set out in my response today to Parliamentary Question No. 126.
With regard to the Deputy's specific query under recommendation code 5.100, it is presumed that the Deputy is referring to the recommendation which 'strongly urges that a review by the relevant organisations of services for persons in the system experiencing a crisis pregnancy be undertaken immediately with a view to a protocol being agreed to guide State agencies and NGOs supporting such persons...'.
The lead organisation in the provision of services to those experiencing a crisis pregnancy is the Health Service Executive. The HSE has reported that the review completed by them had the following components: all 16 crisis pregnancy counselling services have been asked to develop a protocol within their own organisation on supporting asylum seeking women through a crisis pregnancy; the Reception and Integration Agency which manages the Direct Provision system in my Department has partaken in discussion with the HSE with regards to elements of the protocol which require liaison with my Department; the HSE Sexual Health and Crisis Pregnancy Programme held a workshop for its funded Crisis Pregnancy Counselling services on the issue of ‘Asylum seeking women and a crisis pregnancy’ in June last; the workshop addressed the issue of crisis pregnancy in the context of a woman who is seeking asylum and living within the Direct Provision system; and issues such as documentation requirements and the process around travelling outside of the country have been explored.
I further understand from the HSE that funded Crisis Pregnancy Counselling is available free of charge in over 40 locations nationwide.
The Reception and Integration Agency continues to facilitate service providers in engaging with those in Direct Provision accommodation affected by this issue and in reviewing and managing accommodation supports on a case by case basis where required.
89. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality the position regarding the review of the start-up entrepreneur programme; when she expects it to be completed; if she will consider relaunching it as part of the Global Start-up Gathering, which takes place in Cork from 18 to 20 November 2016; and if she will make a statement on the matter. [26487/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the Start Up Entrepreneur Programme was reviewed in 2014 and there are no current plans to conduct another review. It is intended, however, to carry out a review of the Immigrant Investor Programme which will be completed in early 2017.
90. Deputy Dessie Ellis asked the Tánaiste and Minister for Justice and Equality the timeframe for the ministerial order for the commencement of the Assisted Decision-Making (Capacity) Act 2015, which was enacted on 30 December 2015. [26510/16]
View answerThe Assisted Decision-Making (Capacity) Act 2015 was enacted in December 2015 but has not yet been commenced. Phased commencement of the Act will begin as soon as possible before the end of the year.
New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (which is a body under the Department of Health), must be put in place before the legislation comes into force.
Careful planning and groundwork, and not just funding, has to be put in place to ensure that the commencement of the Act is correctly, appropriately and effectively handled. My Department is working carefully on this at present in consultation with the Department of Health and the Mental Health Commission. A high-level Steering Group is overseeing the establishment and commissioning of the Decision Support Service. It is intended that the recruitment of a Director for the Decision Support Service will commence in the coming weeks.
The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives, is a matter for the Minister for Health.
91. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality if consideration has been given to jurors who are unemployed and find it difficult to meet the transport costs associated with this civic duty; and if she will make a statement on the matter. [26569/16]
View answerAs the Deputy may be aware, the Law Reform Commission published a report on Jury Service in 2013 which includes an examination of the law concerning how individuals are selected for jury service and follows on from the Law Reform Commission’s 2010 Consultation Paper. The report contains 56 recommendations covering a broad range of issues relating to jury service, including the introduction of a modest payment for jurors to cover their travel and subsistence costs. A number of the recommendations have cost implications that require careful evaluation and these issues are being fully considered in my Department with a view to bringing forward proposals for amending legislation in due course.
92. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the measures she will introduce to prevent under-age gambling; and if she will make a statement on the matter. [26570/16]
View answer94. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality if consideration will be given to the introduction of a service for problem gamblers whereby they could self-exclude themselves from being able to bet across a particular chain of bookmakers or across all bookmakers in a particular area, as trialed in other jurisdictions (details supplied); and if she will make a statement on the matter. [26572/16]
View answerI propose to take Questions Nos. 92 and 94 together.
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.
The new legislation will have consumer protection generally as one of its core principles, and it is envisaged that it will include several measures aimed at assisting and protecting vulnerable persons, the young and those for whom gambling has become a problem.
It will include prohibitions on the employment of young persons, they will not be permitted to participate in gambling and there will be arrangements for age verification checks by licence holders. It is envisaged that the regulatory body proposed in the legislation will include a dedicated inspectorate whose main task will be to monitor compliance by licence holders with the terms of their licence and with the new legislation generally.
The Scheme proposes the establishment of a Fund to aid research, education and awareness activities and to support gambling addiction treatment programmes. The Fund will be based on contributions from the industry but the proposals will ensure independent supervision of the disbursement of monies collected. There is also provision in the Scheme for the implementation of self-exclusion measures as referred to by the Deputy.
It remains the intention to proceed with this legislation at the earliest feasible opportunity and, in that light, the potential for progression of the Bill was considered during the preparation of the forthcoming legislation programme.
93. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the status of an application for a join family Irish national spouse visa in respect of a person (details supplied) who has been waiting more than nine months; and if she will make a statement on the matter. [26571/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to was approved by the Dublin Visa Office on 20/09/2016. The sponsor was notified of the decision by e-mail on the same date.
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).
95. Deputy Marc MacSharry asked the Tánaiste and Minister for Justice and Equality when a company (details supplied) in County Donegal can expect to have a site owned by them registered by the Property Registration Authority; and if she will make a statement on the matter. [26622/16]
View answerI can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions. The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round. I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.
The referred reply under Standing order 42A was forwarded to the Deputy.
96. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the measures which have been taken to advance the investigation into the case of the disappearance of a person (details supplied); if she is being regularly updated by the relevant authorities on all developments arising from the investigation of this case; if she is aware of the growing disquiet and concerns of all those seeking to have the full facts of this case established; and if she will make a statement on the matter. [26664/16]
View answerThe Deputy will appreciate that management of particular Garda investigations, including the allocation of resources, and the identification of lines of inquiry, are matters in the first instance for the Garda authorities and I have no direct role in this regard. I can, however, assure the Deputy that I am aware of the various concerns which have been raised about the case referred to. I am advised that the Garda investigation in relation to this case referred is ongoing and that the Garda Commissioner has requested the Serious Crime Review Team (SCRT) to examine the case, as a matter of priority, ensuring that all avenues of enquiry are fully explored and addressed. In this context the Deputy will appreciate that it would not be appropriate for me to make any more detailed comment on the matters referred to.
97. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality her plans to commence section 30 of the Civil Liability Act 2004; and if she will make a statement on the matter. [26695/16]
View answerSection 30 of the Civil Liability and Courts Act 2004 provides that the Courts Service shall set up and maintain a register of personal injuries actions. The Courts Service has advised that to establish and maintain such a register for all court jurisdictions, accessible by members of the public, requires the development of an appropriate IT support system and I am informed that there is no IT support system in place at present. The Courts Service is being requested to examine the requirements, including system development and resource issues, needed to enable the commencement of Section 30 of Civil Liability and Courts 2004 Act as soon as possible.
The Courts Service currently publishes in their Annual Report statistics on incoming personal injury cases, personal injury cases resolved by court and out of court and provides data on the financial categories of awards granted.
98. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality her plans to bring forward legislation to combat the spread of so-called revenge pornography in line with best international practice; and if she will make a statement on the matter. [26696/16]
View answerThe Law Reform Commission (LRC) has carried out a project on Cybercrime affecting personal safety, privacy and reputation, including cyberbullying and issues such as revenge pornography. I understand that its report is being published today and its recommendations, including proposals in relation to legislation, will be carefully considered.
99. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality the average time period between when a refugee or person with subsidiary protection makes an application for family reunification and the arrival of their family into the country; and if she will make a statement on the matter. [26710/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that applications for Family Reunification are referred to the Office of the Refugee Applications Commissioner for investigation, in accordance with Section 18 of the Refugee Act. Following the investigation a report is submitted for my consideration setting out the relationship between the refugee concerned and the subject of the application and their domestic circumstances. This process will generally be completed within 12 to 14 months. Where permission is granted for the family member to enter and reside in the State, the arrival thereafter of the family is a matter for the refugee to organise.
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.
100. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality the cost of Garda overtime in counties Tipperary, Offaly, Laois, Kilkenny, Waterford, Cork, Limerick, Clare and Galway; and if she will make a statement on the matter. [26714/16]
View answerAs the Deputy will appreciate, the allocation of resources within An Garda Síochána is a matter for the the Garda Commissioner and I, as Minister, have no direct role in the matter.
I am advised by the Garda authorities that Garda overtime is recorded and analysed on a Divisional basis and to compile the figures by geographical county could not be justified as it would involve a disproportionate amount of Garda time and resources. I am further advised that the figures supplied also include overtime incurred by members on major policing operations such the visit of US Vice President Biden, the 1916 Centenary Celebrations and specific anti crime operations such as Operation Thor.
The cost of overtime broken down by Division, as requested by the Deputy, from January 2016 to the end of August 2016 is set out as follows:
|
Division |
Total |
|
Clare |
€548,097 |
|
Cork City |
€627,021 |
|
Cork North |
€270,507 |
|
Cork West |
€198,257 |
|
Galway |
€902,590 |
|
Kilkenny/Carlow |
€821,588 |
|
Laois/Offaly |
€1,222,271 |
|
Limerick |
€966,164 |
|
Tipperary |
€969,942 |
|
Waterford |
€638,861 |
|
Total |
€7,165,298 |
101. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality if she will ensure the provision of additional manpower and resources at Tallaght Garda station to allow for a further effective action to deal with crime, anti-social behaviour and related matters in the area; if her attention has been drawn to the need to provide a visible presence of gardaí throughout the area particularly in estates including Brookfield and Fettercairn; and if she will make a statement on the matter. [26738/16]
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 the area in question is patrolled by members assigned to Tallaght Garda station. Tallaght forms part of the wider Dublin Metropolitan Region (DMR) South Division and on the 31 August 2016, the latest dates for which figures are readily available, there were 544 Gardaí, 33 reserves and 30 civilians attached to this Division, of which 176 Gardaí, 8 Reserves and 12 Civilians were attached to Tallaght Garda station. When appropriate, the work of local Gardaí is supported by a number of Divisional Units such as the Traffic Unit, Burglary Response Unit and the Scenes of Crime Unit and also from the 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 40 of these have been assigned to DMR South Garda 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. The DMR South and all other Garda Divisions, 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.
102. Deputy Alan Farrell asked the Tánaiste and Minister for Justice and Equality if consideration has been given to proceeding with the building of a prison on the Thornton Hall site; the capacity levels of each prison in tabular form; and if she will make a statement on the matter. [26771/16]
View answerThe Thornton Hall site comprises 156 acres and was purchased as the site for a proposed prison development to replace Mountjoy Prison campus. The project did not proceed.
A Working Group was established by the Secretary General of the Department of Justice and Equality to examine options for the future use of the Thornton Hall site. The group was asked to examine options which would yield the best possible value for the State in its future use. I am advised the work of the group is nearing completion and their report will be submitted to me for consideration.
The Irish Prison Service publishes daily figures in relation to the prisoner population and capacity levels on their website www.irishprisons.ie. The bed capacity of each prison is set out in the following table.
|
Prison |
Bed Capacity (as at 21 September 2016) |
|
Mountjoy Prison |
554 |
|
Dóchas Centre |
105 |
|
St. Patrick’s Institution |
34 |
|
The Training Unit |
96 |
|
Arbour Hill Prison |
142 |
|
Wheatfield Place of Detention |
550 |
|
Cloverhill Prison |
431 |
|
Loughan House |
140 |
|
Castlerea Prison |
340 |
|
Shelton Abbey |
115 |
|
Limerick Prison |
238 |
|
Cork Prison |
296 |
|
Portlaoise Prison |
291 |
|
Midlands Prison |
870 |
