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Tuesday, 18 Oct 2016

Written Answers Nos. 135-161

Departmental Staff Data

Questions (135)

Micheál Martin

Question:

135. Deputy Micheál Martin asked the Taoiseach the number of personnel in his Department assigned to lead interdepartmental groups not directly linked to a Cabinet committee and the names of the relevant groups. [30719/16]

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Written answers

Four senior officials from my Department chair interdepartmental groups that are not directly linked to a Cabinet Committee. Details of the relevant groups are listed below.

- Civil Service Management Board,

- National Risk Assessment Steering Group,

- Strategic Communications Working Group,

- Priory Hall Implementation Oversight Group,

- InterDepartmental/Agency Group on the Rugby World Cup 2023 bid.

North-South Ministerial Council

Questions (136)

Micheál Martin

Question:

136. Deputy Micheál Martin asked the Taoiseach if he is preparing any proposals on North-South infrastructure for discussion with Northern Ireland's First Minister. [30722/16]

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Written answers

The Irish Government outlined its commitment to supporting North-South development in the Capital Investment Plan 2016 - 2021, and in the Programme for a Partnership Government.

The "Fresh Start Agreement" negotiated in 2015 also sets out the Irish Government commitment to investing in infrastructure to support North-South cooperation to help unlock the full potential of the economies of both jurisdictions.

On foot of the Fresh Start Agreement, a group of senior officials from the Irish Government and the Northern Ireland Executive have been meeting regularly to maintain a strategic overview of economic and infrastructural investment, particularly with regard to the projects set out in Fresh Start.

This group is also considering opportunities for sourcing further investment for all-island infrastructure projects for mutual benefit, including through PPPs, EU funding and other non-Exchequer sources.

I will discuss progress on this with the First and deputy First Minister at the next meeting of the North-South Ministerial Council in Armagh on 18 November.

Question No. 137 answered with Question No. 132.

Equality Issues

Questions (138, 141, 142)

Clare Daly

Question:

138. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the procedure for a prospective tenant in the private rental market to report cases of discrimination against rent allowance recipients; her views on whether the Workplace Relations Commission is the appropriate agency for this procedure; and if she will make a statement on the matter. [30214/16]

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Eoin Ó Broin

Question:

141. Deputy Eoin Ó Broin asked the Tánaiste and Minister for Justice and Equality if the agency responsible for dealing with discrimination in cases of private rented accommodation is the Workplace Relations Commission. [30583/16]

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Eoin Ó Broin

Question:

142. Deputy Eoin Ó Broin asked the Tánaiste and Minister for Justice and Equality the reason the Workplace Relations Commission is the agency responsible for dealing with discrimination in cases of private rented accommodation; and her plans to transfer this power to the RTB. [30584/16]

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Written answers

I propose to take Questions Nos. 138, 141 and 142 together.

The functions of the former Equality Tribunal, both in relation to discrimination regarding employment and in the provision of services, became the function of the Workplace Relations Commission (WRC) on the merger of the Equality Tribunal and other bodies to form that Commission. I regard as appropriate that the WRC should continue to deal with the full range of issues relating to discrimination. This includes alleged discrimination in relation to the provision of Housing Assistance Payment and rent allowance as provided for in the Equality (Miscellaneous Provisions) Act 2015. I do not propose to change those arrangements. It is important to understand that there will be no relationship of landlord and tenant between the parties in a case where a prospective tenant alleges discrimination on the basis of being or not being in receipt of either of the payments specified and the Residential Tenancies Board would therefore not be the appropriate body for such cases.

Members of the public may obtain advice from the Irish Human Rights and Equality Commission if they feel that they have been discriminated against contrary to equality legislation, including advice on how to take a claim to the WRC, which provides a free and accessible adjudication service.

Student Visas Administration

Questions (139)

Richard Boyd Barrett

Question:

139. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality if her Department will intervene in cases such as that of a person (details supplied) in view of the launch of the international education strategy; and if she will make a statement on the matter. [30413/16]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to was granted on 11 October, 2016. The Deputy may wish to note that the visa application was first made on 26 July 2016, and initially refused on 24 August 2016. An appeal against the initial refusal was not received until 4 October, 2016, and a decision to approve the application was made within five working days on 11 October, 2016. There was no undue delay on the part of the Visa Office in processing this visa application. Indeed, had the applicant lodged their appeal earlier than they did, the application would have been finalised sooner. On a general note INIS encourages students to make their applications for visas as early as possible to allow for sufficient time for them to be processed.

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 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 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).

Mortgage Resolution Processes

Questions (140)

Dessie Ellis

Question:

140. Deputy Dessie Ellis asked the Tánaiste and Minister for Justice and Equality if she will intervene and request receivers to agree to cease giving notice to those occupying repossessed properties until a sale is agreed, rather than once it goes on sale as is the common practice. [30550/16]

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Written answers

As regards the appointment of receivers to property, the position is that such an appointment may be made under company law or land and conveyancing law. Relevant provisions in the Land and Conveyancing Law Reform Act 2009 apply in the case of for mortgages created after 1 December 2009, while broadly similar provisions in the Conveyancing Act 1881 apply to mortgages created prior to that date. Apart from these statutory powers enshrined in the 2009 and 1881 Acts, the legal instruments which create mortgages usually contain broader contractual terms between the parties in relation to appointment of a receiver and any additional powers which he or she may exercise on appointment.

When it comes to exercising the power of sale, the law imposes on the mortgagee, and any receiver appointed by the mortgagee, a duty of care to ensure as far as is reasonably practicable that the mortgaged property is sold at the best price reasonably obtainable. This obligation to act in good faith in the interests of a distressed borrower, which is now set out in section 103 of the Land and Conveyancing Law Reform Act 2009, is reflective of earlier case law. Depending on the circumstances and the nature of the property, achieving the best price reasonable obtainable may require vacant possession of the property and this has also been recognised by the courts. It would not, therefore, be appropriate for me in my capacity as Minister for Justice and Equality to intervene in a manner which might adversely impact on the interests of distressed borrowers whose property is being sold by mortgagees or receivers appointed by them. Rules applicable to the giving of notice of sale to tenants in such cases vary according to the type of tenancy, including those which fall within the scope of the Residential Tenancies Act 2004.

Questions Nos. 141 and 142 answered with Question No. 138.

Immigration Policy

Questions (143)

Micheál Martin

Question:

143. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality the detail of the commitment in the programme for Government concerning ensuring a balanced migration policy. [30717/16]

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Written answers

It is important to state at the outset that a particular focus of my Department in the coming period will be to support the Government's ongoing engagement with UK and EU partners in relation to 'Brexit' with a view to ensuring a beneficial outcome for Ireland. Immigration and borders policy, including the preservation of the Common Travel Area, is of course of central importance to this process.

The Programme for a Partnership Government sets out the objective of pursuing a balanced migration policy that supports our economy and meets our international and humanitarian obligations, whilst also taking a tough approach to tackling illegal migration. It also commits to supporting a humanitarian response to the current refugee crisis and providing a safe haven to those who come to Ireland under EU programmes. The Programme also sets out a number of actions to be taken by the Government in achieving these goals. Significant progress has already been made across a wide number of areas in delivering on this programme including:

Supporting the Economy: Key examples of work in this area include Ireland’s Immigrant Investor Scheme and Start-Up Entrepreneur Programme as well as our ongoing work to support the implementation of Ireland’s International Education Strategy (2016-2020), which was launched in October by the Minister for Education and Skills. Economic activity and tourism are also supported by measures such as the British Irish Visa Scheme (BIVS), whereby a visitor to either Ireland or the UK requires only one single visa (either an Irish or UK one depending on their first country of landing) and the recent extension of the Irish Short Stay Visa Waiver Programme for a further five years to 31 October 2021 which make it easier for visitors from countries covered under the programme to come to visit Ireland.

Irish Refugee Protection Programme: The 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. The IRPP pledged to accept a total of 4,000 persons, through a combination of the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece, and the UNHCR-led refugee resettlement programme currently focused on resettling refugees from camps in Jordan and Lebanon. This was made up of 520 under resettlement and 2,622 under the EU Relocation programme. A further 260 has been approved by the Government under Resettlement, with the balance of the allocation to be decided. By the end of this year the full complement of 520 will be resettled.

My officials are in Lebanon now finalising the additional 260 under resettlement who will arrive next Spring and I am actively considering a further substantial pledge under resettlement.

While the relocation programme from Greece and Italy has been slower to progress due to on the ground logistical and technical challenges there, following constant engagement and visits from my officials, significant numbers of asylum seekers are now beginning to arrive in Ireland from Greece and I am hopeful that numbers will also start arriving from Italy in due course. It is expected that up to 400 persons will arrive by year end under this programme. The intention is to sustain the pace of intakes throughout 2017, at the levels required to allow Ireland to meets its commitments within the timeframe envisaged by the Programme. This will depend on the continued cooperation of the Greek and Italian authorities in the process of selecting and assessing persons for assignment to Ireland.

Working Group on the Protection Process: The Report of the Working Group on the Protection Process was published following the Government decision of 30 June, 2015. A significant number of the Working Group recommendations have now been implemented, partially implemented or are in progress. It should also be noted that a small number of the recommendations have been superseded by Government initiatives in the interim since the publication of the Report. In responding to length of time issues my Department has been proactively engaged in an examination of cases of those longest in the system. These cases are being expedited resulting in a substantial number of people who were greater than five years in the system now dealt with. This has been a significant achievement which has had a real impact on many people and families in the protection process. A key recommendation of the Working Group was the introduction of a single application procedure in the protection process. The International Protection Act 2015, which provides for such a procedure, was signed by the President on 30 December 2015. It introduces significant reform of the multi-layered sequential protection process. With additional resources to address the significant number of cases in the current system, the intention is to commence the single application procedure in the coming months taking into account the significant transitional arrangements needed to be put in place in advance of commencement. When successfully implemented and resourced it is aimed that a determination of the applicant’s status can be made in approximately 6 – 9 months.

Integration: The Office for the Promotion of Migrant Integration, which operates under the ambit of my Department, has a cross-Departmental mandate to develop, lead and coordinate migrant integration policy across other Government Departments, agencies and services. The Office is currently engaged in a review of the approach to the integration of migrants with a view to the preparation and publication of a new updated Migrant Integration Strategy. The work undertaken by the Office thus far has included, inter alia, an extensive public consultation process including the involvement of key stakeholders. The Strategy is being finalised and will be published at the end of 2016.

Enforcement: The legislation in the enforcement area was recently amended by way of section 78 of the International Protection Act 2015, commenced on 10 March this year. These amendments have inserted a new section 5 into the Immigration Act 1999 which deals with effecting deportation orders for persons illegally present in the State. The increasing number of deportation orders effected since the legislative changes were introduced demonstrates the knock-on effect of the new legislation. Targeted measures are being deployed to tackle abuse of our immigration and asylum system. Specific Garda immigration operations run at the land border with Northern Ireland and at the Ports and other measures, such as Operation Vantage, have resulted in a reduction in the number of asylum seekers who have previous UK immigration histories. Operation Vantage is ongoing and forms part of my Department’s overall response to preventing so called "sham marriages" taking place. Garda intelligence arising from the operation and information and data gathered from applications to INIS have led to the review of over 350 relevant applications by INIS, with a view to revoking immigration permission which may have been obtained by false pretences. In addition, the Garda National Immigration Bureau, INIS and the General Registrars Office for Births, Marriages and Deaths continue to work closely to prevent such marriages taking place and to ensure no immigration advantage is gained as a result. In addition, concerns regarding abuses of Free Movement are also the subject of investigation.

Refugee Resettlement Programme

Questions (144)

John Halligan

Question:

144. Deputy John Halligan asked the Tánaiste and Minister for Justice and Equality the number of refugees Ireland is planning to take in here considering in 2015 it was only a very small number. [30959/16]

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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 this programme, the Government has pledged to accept a total of 4,000 persons into the State by the end of 2017, through a combination of the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece, and the UNHCR-led refugee resettlement programme currently focused on resettling refugees from camps in Lebanon.

In terms of the resettlement of programme refugees, in 13 May 2015 the European Commission published an EU Agenda for Migration. Among the measures proposed was the establishment of an EU-wide resettlement scheme to offer 20,000 resettlement places across the EU with each Member State's allocations calculated according to a distribution key. Ireland's allocation under this mechanism was 272 persons displaced by the Syrian conflict to be resettled in Ireland over a two year period up to mid 2017. Taking account of the situation in the Middle East, and the plight of the refugees, the Tánaiste announced that Ireland would go further and would accept 520 persons for resettlement over an 18 month period - up to the end of 2016. This was almost double the figure proposed by the Commission. This cohort form part of the commitment made by Ireland under the IRPP. As of today, 500 persons displaced by the Syrian conflict have arrived in Ireland and a further seven are scheduled to arrive on 8 November. The remainder of the quota of 520 will be taken in by the end of 2016, ahead of the schedule set out by the Commission.

In addition, the Government recently announced that it is extending the resettlement programme to take in a further 260 refugees from Lebanon in 2017. Hence, at least 780 of the 4,000 that Ireland has agreed to accept under the Irish Refugee Protection Programme will come purely from the refugee cohort. The possibility of an additional refugee pledge in 2017 is under active consideration. Other mechanisms to fill the gap are also under review and will be contingent on further developments at EU level.

Under the EU relocation strand of the IRPP, it is well documented that the pace of arrivals 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. 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 provided the Greek authorities with a full timetable for the acceptance, by end September 2017, of the entire cohort of asylum seekers allocated to Ireland under the relevant Council Decisions. Ireland has to-date taken in 69 Syrians from Greece, a further 40 people are scheduled to arrive this month and another 63 people have been assessed and cleared for arrival. Earlier this month IRPP officials interviewed a group of 71 people in Athens who, once cleared for travel, are expected to arrive in November. Further missions are scheduled for November and December and by the end of 2016 it is expected that Ireland will have accepted up to 400 people from Greece through the relocation pledge system. The intention thereafter is to sustain the pace of intakes throughout 2017 at the levels required to allow Ireland to meets its commitments within the time frame envisaged by the Programme.

The relocation of migrants from Italy to Ireland has been hampered by technical issues which were the subject of discussion with the Italian delegation in the margins of last month's Prague Process conference on migration in Bratislava. Officials are now working through these issues with colleagues in Brussels and I hope that the matter can be resolved in the near future which will allow the numbers being taken in under the IRPP to increase further.

Refugee Resettlement Programme

Questions (145)

John Halligan

Question:

145. Deputy John Halligan asked the Tánaiste and Minister for Justice and Equality the reason a hotel (details supplied) is the only reception centre for the very few Syrian refugees that have come to Waterford city. [30960/16]

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Written answers

On behalf of the Office for the Promotion of Migrant Integration (OPMI), the Reception & Integration Agency (RIA) of my Department has contracted two Emergency Reception and Orientation Centres (EROCs) for the accommodation of refugees during their initial orientation period of approximately 12 weeks. The two centres are the Hazel Hotel in Monasterevin and the Clonea Strand Hotel in Dungarvan.

The groups of refugees are brought to Ireland under the UNHCR Resettlement Programme. The orientation period gives them time to rest and adjust to their new environment and to learn about Irish life and culture. It is also a time of recovery. While in the centre, resettled refugees receive information on their statutory entitlements in accordance with section 24 and section 3 of the Refugee Act, 1996 (as amended) and on their responsibilities. Also during this period in the EROC, an orientation and language training programme is provided for adults, from 18 years upwards, for a period of 6-8 weeks to prepare them for independent living in communities around Ireland. The programme refugees are linked to local service providers and have the time to visit their GP to have urgent health matters addressed. Children under the age of 18 participate in an induction programme to prepare them for entry into mainstream education. They may be placed in early years educational programmes if appropriate and available, or childcare is provided to facilitate the adults' participation in the orientation and language programme.

Additional information on the UNHCR Resettlement Programme can be found at: http://www.integration.ie/ and http://www.unhcr.org/cgi-bin/texis/vtx/home.

Irish Sign Language

Questions (146)

Willie Penrose

Question:

146. Deputy Willie Penrose asked the Tánaiste and Minister for Justice and Equality the steps her Department is taking to ensure that Irish Sign Language is designated an official language; the further steps being taken to ensure that the midlands area is being provided with the appropriate level of services; and if she will make a statement on the matter. [30985/16]

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Written answers

As the Deputy will be aware, the Department of Justice and Equality is currently progressing a three-phase consultation process with a view to developing a new Disability Inclusion Strategy. Phase three has recently commenced, and as with Phase two, regional consultation meetings are being held. Two of the three scheduled meetings have now taken place, with the third taking place next week. Following this third phase, a draft Strategy will be prepared with the assistance of the National Disability Strategy Steering Group for consideration by Government. It is envisaged that the new Strategy will be in place by end 2016. Issues in relation to the Deaf Community have featured strongly in the consultation process to date and I intend that the new Disability Inclusion Strategy will respond credibly to the issues raised, including making a real difference in relation to facilitating the use of Irish Sign Language (ISL). For instance one of the actions proposes legislation that will ensure that all public bodies provide ISL users with free ISL interpretation when availing of their statutory services. This would apply to all areas, including the Midlands. In relation to operational issue re service availability, I should mention that funding is provided by Department of Social Protection, via the Citizens Information Board, to support ISL services nationally.

Garda Vetting Applications Data

Questions (147, 162)

John Curran

Question:

147. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality the cause of the delays in the Garda vetting process and in particular with regards to special needs assistants and teachers waiting to be vetted in order to fill vacant employment posts; and if she will make a statement on the matter. [30230/16]

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Mary Butler

Question:

162. Deputy Mary Butler asked the Tánaiste and Minister for Justice and Equality the reason it is taking so long for Garda vetting forms to be completed, regarding SNAs in particular; the measures she is taking to ensure those persons are given the earliest opportunity to take up their position; and if she will make a statement on the matter. [30560/16]

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Written answers

I propose to take Questions Nos. 147 and 162 together.

I am informed by the Garda authorities that at present 80% of vetting applications are processed by the Garda National Vetting Bureau in under five working days. This represents a dramatic improvement in turnaround times for the processing of vetting applications in recent years, falling from an average of 14 weeks in mid-2013. This improvement has come about as a result of an unprecedented investment by the Government and the Garda Authorities in providing this service, including an increase of over 80% in staffing levels and the roll out earlier this year of an e-vetting system.

In April this year I commenced the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016 and in tandem with that An Garda Síochána launched the e-vetting system. E-vetting facilitates the on-line processing of applications and this has significantly streamlined the vetting process and contributed to a sustained reduction in processing times for vetting applications. I am informed that at present 85% of organisations registered for vetting are operating the e-vetting system. There is a small number of organisations, including some in the education sector, who do not yet operate the e-vetting system. The Garda Authorities are working to encourage all other organisations to do so and will assist organisations to register for e-Vetting without delay.

There were reports recently of delays with regard to vetting applications in respect of some Special Needs Assistants posts. In these cases the vetting applications were submitted in the old paper format. For vetting applications that continue to be submitted in paper format, the average turnaround time is in the order of four to five weeks from the receipt of the application by the National Vetting Bureau. This has been the average time frame for paper applications for the past couple of years and this represents a minimum time frame given the administrative input required. The Garda Authorities will work through all of the applications received as quickly as may be but this must be consistent with ensuring that the proper checks are carried out.

Processing times for some applications can be longer than others when, for example, additional enquiries may be necessary or where errors have been made in the application. It is important to note that delays can also occur in other aspects of the application process which are outside of the control of the Garda Authorities, for example, in the submission or return of applications by the registered organisations.

Legislative Programme

Questions (148)

Billy Kelleher

Question:

148. Deputy Billy Kelleher asked the Tánaiste and Minister for Justice and Equality when the Criminal Law (Sexual Offences) Bill will come before the Dáil; and if she will make a statement on the matter. [30234/16]

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Written answers

The Criminal Law (Sexual Offences) Bill 2015 was introduced in September 2015 and completed all stages in Seanad Éireann in January of this year. The Bill commenced Second Stage in Dáil Éireann on 5 October 2016. I am committed to the passage and enactment of this Bill as a matter of priority.

Garda Reports

Questions (149, 150)

Jonathan O'Brien

Question:

149. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will make public the Garda report on mismanagement of public funds by the Garda Training College in Templemore; the recipients of rental income from Dromad farm land between 2009 and 2013 and if the recipients will be directed to repay rental income to the OPW as legal owner of the land. [30235/16]

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Jonathan O'Brien

Question:

150. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she has discussed with the Garda Commissioner the report on mismanagement of public funds by the Garda Training College in Templemore; if her attention has been drawn to the Commissioner’s plans to ensure implementation of the recommendations within the report; the timeframe of same; and if she will make a statement on the matter. [30236/16]

View answer

Written answers

I propose to take Questions Nos. 149 and 150 together.

In accordance with the provisions of the Garda Síochána Act 2005, the Garda Commissioner is the Accounting Officer for the Garda Vote.

My Department received a draft interim Audit Report of the Garda College from An Garda Síochána's Head of Internal Audit on 16 September. I understand that the draft Report was sent to all interested parties for their observations before it is finalised. The response to the Report once it is finalised will be a matter for the Commissioner as Accounting Officer. I expect that in the normal course, the Report will be furnished to the Comptroller and Auditor General for his information and for any further enquiries he may wish to make.

Visa Applications

Questions (151)

Jack Chambers

Question:

151. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the status of an application for a visa to join a spouse by a person (details supplied); if the application is processed as quickly as possible due to extenuating circumstances; and if she will make a statement on the matter. [30333/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa applications referred to were received by the Visa Office in New Delhi on 25 January, 2016. The applicant was informed in May, 2016 that the application could be expected to be processed in six months.

While INIS has set a business target of 12 months for long term 'join family' applications where the spouse is a non-EEA national, this time-frame is subject to the receipt of all required documentation as set out in the Family Reunification Policy Document published on 1 January, 2014. The Visa Office endeavours to have applications of this nature processed earlier than this target but this is not always possible. As you will appreciate, in order to be fair to all applicants, applications are processed in order by date received. It is expected that the processing of this application will be completed by the end of November, 2016. Both the applicant and the sponsor will be informed as soon as a decision is made.

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 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 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).

Visa Applications

Questions (152)

Peter Burke

Question:

152. Deputy Peter Burke asked the Tánaiste and Minister for Justice and Equality if she will expedite the visa for a person (details supplied) in view of the fact they have experienced an eight-month delay; and if she will make a statement on the matter. [30352/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to was received by the Visa Office in New Delhi on 2 February, 2016. Further documentation was requested from the sponsor, and received on 13 October, 2016.

While INIS has set a business target of six months for long term 'join family' applications where the spouse is an Irish national, this time-frame is subject to the receipt of all required documentation as set out in the Family Reunification Policy Document published on 1 January, 2014. The Visa Office endeavours to have applications of this nature processed earlier than this target but this is not always possible. As you will appreciate, in order to be fair to all applicants, applications are processed in order by date received. Both the applicant and the sponsor will be informed as soon as a decision is made.

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 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 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).

Closed-Circuit Television Systems

Questions (153, 154)

Darragh O'Brien

Question:

153. Deputy Darragh O'Brien asked the Tánaiste and Minister for Justice and Equality if funding is available for community CCTV; the way a community group can apply for funding; and if she will make a statement on the matter. [30398/16]

View answer

Darragh O'Brien

Question:

154. Deputy Darragh O'Brien asked the Tánaiste and Minister for Justice and Equality the date of completion for the review instigated by her, in conjunction with the Garda authorities, on the effectiveness of the community CCTV scheme; and if she will make a statement on the matter. [30399/16]

View answer

Written answers

I propose to take Questions Nos. 153 and 154 together.

I am very conscious of the value that communities, especially rural communities, place on CCTV as a means of deterring crime and assisting in the detection of offenders. With this in mind, I instigated a review last year of the effectiveness of the Community CCTV Scheme in conjunction with the Garda authorities.

The Garda evaluation of community CCTV systems highlights the fact that CCTV is an effective deterrent to the commission of crime and that the presence of CCTV cameras helps to reduce fear among members of the public and provides a sense of safety and security. While acknowledging its role as part of wider crime prevention strategies, the Garda evaluation also notes that community based CCTV systems have been of significant assistance in both the prevention and detection of criminal activity throughout the country.

I am happy to inform the Deputy that I have secured €1 million in budget 2017 for a new round of community CCTV schemes in line with the Programme for a Partnership Government commitment to provide investment in CCTV systems. I am currently developing proposals so that arrangements will be in place early in 2017 whereby Community Groups can apply for relevant funding.

Legal Services Regulation

Questions (155)

Clare Daly

Question:

155. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if she is satisfied that all procedures were properly followed by the Bar Council in nominating a person (details supplied) to the Legal Services Regulatory Authority, as stated in a letter from her Department to the Bar Council dated 3 October 2016. [30421/16]

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Written answers

The selection process for membership of the Legal Services Regulatory Authority is built around a framework of ten prescribed nominating bodies as set out in section 9 of the Legal Services Regulation Act 2015, one of them being the Bar Council. The ten prescribed nominating bodies put forward their nominees under the procedures set out in Part 2 of the Legal Services Regulation Act 2015. They do this as appropriate to their functions and objectives as may be set out, in each case, under legislation or under common law. It is for each of those bodies, in the first instance, to identify their nominees for membership of the new Regulatory Authority under their applicable internal governance procedures. Specifically, it is for the Council of the Bar of Ireland, as a private body, to competently conduct the indoor management of the Council and to oversee the conduct of its own business in accordance with its own rules and procedures.

Having asked officials of my Department to write to the Bar Council to formally confirm the position, a letter of reply, dated 14 October 2016, has been received from the Director of the Bar Council which has formally confirmed that the Bar Council is satisfied that the internal procedures in respect of its nominations to the Legal Services Regulatory Authority were followed.

Sex Offenders Notification Requirements

Questions (156)

Michael Harty

Question:

156. Deputy Michael Harty asked the Tánaiste and Minister for Justice and Equality the reason there is not a national sex offenders register available for inspection; and if she will make a statement on the matter. [30467/16]

View answer

Written answers

I can advise the Deputy that the relevant legislation in this regard is contained in Part 2 of the Sex Offenders Act 2001 which makes persons convicted of a range of sexual offences subject to notification requirements. All offenders who are subject to the notification requirements are monitored by the Sex Offender Management and Intelligence Unit (SOMIU) at the Garda National Bureau of Criminal Investigation. The Unit is supported by Garda Inspectors nominated in each Garda Division.

I am advised by the Garda authorities that, for operational reasons, An Garda Síochána does not divulge details of the management and assessment of persons who are subject to these notification requirements. However, An Garda Síochána may disclose to a member or members of the public information regarding a convicted sex offender where it is considered that such person poses a risk.

I can advise the Deputy that proposals providing for a statutory disclosure scheme will be brought forward as part of a new Sex Offenders (Amendment) Bill with the primary objective of minimising the risk posed to the public by convicted sex offenders. These proposals envisage a renewed collaboration between An Garda Síochána and the Probation Service in assessing the risk posed by convicted sex offenders and, where necessary, taking action based on that risk, including the disclosure of information in certain circumstances.

Cross-Border Co-operation

Questions (157)

Jonathan O'Brien

Question:

157. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the reasons for the current delays in her Department, as well as the Chief State Solicitor's Office, furnishing the Coroner's Court in Belfast with requested documentation relevant to the inquest of a person (details supplied); the reason for delays with An Garda Síochána furnishing the Coroner's Court in Belfast with the requested documentation relevant to the same inquest; if she has discussed this matter with representatives of An Garda Síochána; and the date on which the documentation requested will be supplied to the Coroner. [30483/16]

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Written answers

In supporting the important work of the Northern Ireland Coroner's Inquest referred to by the Deputy, An Garda Síochána is keen to provide the Inquest with as much relevant information as possible, in accordance with the law. We are all very conscious of the tragic circumstances of this case and our sympathies are with the victim's family.

In response to a request from the Garda Commissioner earlier this year, the Government approved my proposal to issue a Directive under the Garda Síochána Acts and to make Data Protection Regulations in order to address certain legal impediments to co-operation with the Northern Ireland Coroner which were identified. These measures have facilitated the Garda Authorities in their ongoing engagement with the Coroner's Office to support the Coroner's Inquest. The House will appreciate that this is an ongoing legal process.

I am informed that following a recent meeting with and the receipt of further information from the Northern Ireland Coroner's Office, the Garda Authorities are currently engaged in the task of reviewing material provided by the Coroner as well as identifying any other material that may be relevant to the Inquest. The Deputy will appreciate that this is an ongoing legal process in which the Garda Authorities are engaged with the support of the Chief State Solicitor. The Garda Authorities maintain ongoing contact with the Northern Ireland Coroner's Office with a view to providing the fullest extent of co-operation possible in accordance with the law.

Garda Recruitment

Questions (158)

Gerry Adams

Question:

158. Deputy Gerry Adams asked the Tánaiste and Minister for Justice and Equality the number of gardaí provided by Government since the enactment of the Police Authority and Miscellaneous Provisions Act 2015. [30487/16]

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Written answers

Appointments to the rank of Garda are a matter for the Garda Commissioner under section 14 of the Garda Síochána Act 2005 in accordance with the Garda Síochána (Admissions and Appointments) Regulations 2013. These Regulations provide that the number of persons to be admitted as trainees by reference to a particular competition is determined by the Commissioner with the consent of the Minister.

Since the enactment of the Garda Síochána (Police Authority and Miscellaneous Provisions) Act 2015 on the 15 December 2015, 450 trainee Garda have been recruited, with a further 200 expected to enter the Garda College next month. This will bring to 1,200 the number of total number of trainee Garda recruited since the reopening of the College in September 2014. Since 15 December 2015, 238 trainee Garda have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide; another 150 are due to attest later this year bringing the total number of new members of An Garda Síochána to 684 since the reopening of the College.

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. In furtherance of this I announced last week that the Government has approved my proposal for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Appointments will also be made to the Garda Reserve of approximately 300.

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 last September. The campaign is being organised by the Public Appointments Service on behalf of the Garda Commissioner. The existing recruitment campaign (launched November 2015) 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.

Garda Promotions

Questions (159, 160, 161)

Gerry Adams

Question:

159. Deputy Gerry Adams asked the Tánaiste and Minister for Justice and Equality the number of assistant Garda commissioners who have been appointed in 2016. [30488/16]

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Gerry Adams

Question:

160. Deputy Gerry Adams asked the Tánaiste and Minister for Justice and Equality the number of chief superintendents who have been appointed in 2016. [30489/16]

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Gerry Adams

Question:

161. Deputy Gerry Adams asked the Tánaiste and Minister for Justice and Equality the number of superintendents who have been appointed in 2016. [30490/16]

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Written answers

I propose to take Questions Nos. 159 to 161, inclusive, together.

Appointments to the senior ranks of An Garda Síochána are a matter for Government in accordance with section 13 of the Garda Síochána Act 2005. The number of appointments made in 2016 to date to fill existing vacancies is as follows:

- Four persons were appointed to the rank of Assistant Commissioner on 24 May,

- 10 persons were appointed to the rank of Chief Superintendent on 13 July, and

- 18 persons were appointed to the rank of Superintendent on 13 July.

The appointments were made in accordance with the statutory framework as set out in the 2005 Act and related regulations. In particular, the appointees were drawn in order of merit from promotion panels formed on foot of competitions held by the Garda Commissioner in accordance with the Garda Síochána (Promotion) Regulations 2006.

As the Deputy will be aware the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 contemplates the transfer of this appointment function to the Policing Authority. I am committed to the Authority assuming its function in relation to senior appointments as soon as practicable and with that in mind, my Department is working as a matter of priority on the preparations required to effect this transfer later this year, including the preparation of amendments to the 2006 and other related Regulations.

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