Jonathan O'Brien
Question:135. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of Garda stations that have no access to PULSE. [31736/16]
View answerGarda Operations
Questions (135)
Written answers
As the Deputy will appreciate, decisions in relation to the provision and allocation of Garda resources are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter
I am advised by the Garda authorities that there are currently 167 stations that are not connected to the Garda Network. However, members in non-networked locations can contact the Garda Information Services Centre to provide relevant details to trained civilian call-takers who enter the details on the PULSE system.
The Deputy will be aware that the Commissioner launched the Garda Síochána Modernisation and Renewal Programme 2016-2021 in June. The Programme is intended to professionalise, modernise and renew An Garda Síochána to ensure that the organisation can meet present and future challenges. As part of the Programme, the matter of enhancing rural access to the Garda network by connecting non-networked sites to the network is being examined. This includes plans to introduce mobile technology solutions to enable operational Gardaí to access core information systems, including PULSE while on duty and away from Garda stations.
Direct Provision Data
Questions (136)
Fiona O'Loughlin
Question:136. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the progress that has been made in reducing the period of time that persons must spend in direct provision before a decision is made on their status; and if she will make a statement on the matter. [31770/16]
View answerWritten answers
The Deputy will be aware that the International Protection Act was signed into law by the President late last year. The Act provides for the introduction of a single application procedure for protection applications. Under the single procedure, an applicant will make only one application, and will have all grounds for seeking international protection and to be permitted to remain in the State examined and determined in one process. The single procedure will replace the current multi-layered and sequential protection application system, and this reform is designed to significantly simplify and streamline existing arrangements and allow us to grant international protection in a significantly shorter timeframe to those who are entitled to it while identifying, at a much earlier stage, persons who have no entitlement to stay in the State and who can safely return to their country of origin. All preparations are currently being made by my Department for the commencement of the Act.
Under the new legislation, a dedicated unit of my Department, to be known as the 'International Protection Office' will be the determining authority at first instance for applications for international protection, replacing the Office of the Refugee Applications Commissioner (ORAC). The case workers making decisions under the new structure are specialists in the processing of protection cases and trained to UNCHR standards.
The existing Refugee Appeals Tribunal (RAT) will be replaced by a newly constituted and independent appeals body to be known as the International Protection Appeals Tribunal. The newly configured and resourced Tribunal is designed to lead to the more efficient conduct of its business and greater consistency in its appeals decisions.
The transitional provisions in the Act set out how protection applications which are pending in the existing system on the commencement date will be dealt with. In order to achieve a smooth transition from the existing system to the single applications procedure, additional resources are being deployed to the Irish Naturalisation and Immigration Service (INIS), ORAC and RAT to assist with the implementation of the Act, including the tackling of existing caseloads both prior and subsequent to the commencement of the Act. In this regard significant efforts have been placed on dealing with those who are longest in the system and at this stage the vast majority of those who are over 5 years in the system and who do not have any impediments to progress, such as pending judicial challenges, have now had their cases processed to completion. This has been a key achievement that has had a real impact on many people and families in the protection process, including those in Direct Provision.
Garda Deployment
Questions (137)
Fiona O'Loughlin
Question:137. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality her plans for deployment of new recruits into An Garda Síochána; if it will result in the reopening of Garda stations in south Kildare; and if she will make a statement on the matter. [31771/16]
View answerWritten answers
As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of members is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.
I have been informed that on the 30 September 2016, the latest date for which figures are readily available there were 307 Gardaí, 23 Garda Reserves and 26 civilians assigned to the Kildare Garda Division. 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 National Drugs and Organised Crime Bureau.
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 recently announced 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.
Since the Garda College reopened in 2014 there will have been 1,200 trainee Garda recruited by the end of this year. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí and so far 534 recruits have attested as members of An Garda Síochána of which 25 have been assigned to the Kildare 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 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.
The Deputy will be aware that the Programme for a Partnership Government recognises that community policing is the embodiment of An Garda Síochána, providing a means of recognising that every community, both urban and rural, has its own concerns and expectations. It commits the Government to ensuring visible, effective and responsive policing in every community, including the most minimal response times possible.
Under the Programme, the Government is committed to asking the Policing Authority to oversee a review of, amongst other things, both the boundaries of Garda districts and the dispersal of Garda stations in rural areas. In addition, the Government is committed to launching a pilot scheme to reopen 6 Garda stations, both urban and rural, to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order and I have asked the Authority to initiate the proposed review.
In relation to the proposed pilot scheme, I have requested the Garda Commissioner, while fully cognisant of her statutory functions in relation to the distribution of Garda resources in the State, to identify for reopening 6 stations that were closed under the Garda Síochána District and Station Rationalisation Programme.
Courts Service
Questions (138)
Fiona O'Loughlin
Question:138. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality if the development of the family and child court complex is on schedule for completion in 2020; and if she will make a statement on the matter. [31772/16]
View answerWritten answers
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 currently working with the Office of Public Works on the design of this project and will be also working with the National Development Finance Agency on the procurement process with a view to the project being completed by 2020.
Direct Provision System
Questions (139)
Michael McGrath
Question:139. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality if she will address matters raised in correspondence (details supplied) concerning the direct provision system; and if she will make a statement on the matter. [31775/16]
View answerWritten answers
The details supplied by the Deputy refer to conditions in the Direct Provision system and to the Report of the Working Group on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers.
Since its publication in June, 2015, the Report of the Working Group 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 published 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. 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. The most recent status update is available on my Department's website and on the website of the Irish Naturalisation and Immigration Service.
A key recommendation of the Working Group was the introduction of a single application procedure in the protection process. The International Protection Act 2015 provides for such a procedure. My Department is currently preparing all of the steps necessary to commence the Act. The Act responds to some 26 of the Working Group's recommendations and can be expected to positively address the crucial issue of the length of time that applicants spend in the protection process and in the Direct Provision system; another key concern of the Working Group.
In addition, significant efforts have been made to deal with those who are longest in the system and at this stage the vast majority of those who are over 5 years in the system and who do not have any impediments to progress, such as pending judicial challenges, have now had their cases processed to completion. This has been a key achievement that has had a real impact on many people and families in the protection process, including those in Direct Provision.
A transition Task Force was also established last year which put in place important supports to facilitate people with status to integrate into the community. The Task Force reported that 87% of people granted status had moved into the wider community within six months.
Tangible progress in improving the daily lives of asylum seekers living in Ireland while their application is being processed is also being made. In January last, the former Tánaiste and I announced an increase to the Direct Provision Allowance for children, the first such increase since the introduction of the payment some sixteen years ago. Prescription fees for Direct Provision residents, including children, have also been waived. I have also committed to extending the remit of the Offices of the Ombudsman and the Ombudsman for Children to include access for residents in Direct Provision centres. This requires amending legislation which will be processed as soon as possible. The Minister for Education and Skills has also announced a second year of their pilot support scheme for students in the protection system for the academic year 2016/2017.
My officials have been in consultation with relevant Government Departments and agencies to update progress on the Working Group recommendations since June with a view to completion by year end.
Child Abuse
Questions (140)
Carol Nolan
Question:140. Deputy Carol Nolan asked the Tánaiste and Minister for Justice and Equality if there are currently time limits set down by legislation, during which a survivor of school child sex abuse may take a case before the courts; if there are any circumstances in which this can be set aside in the interests of justice; and if she will make a statement on the matter. [31847/16]
View answerWritten answers
The limitation period for civil actions arising out of personal injury is generally three years from the date of the injury or, if later, the date on which the victim became aware (or could have become aware) of the injury. Where the injured person was under a disability at the time of the injury or of the date of knowledge, the three-year period does not start to run until the person is no longer under a disability.
However, the Statute of Limitations (Amendment) Act 2000 made important changes to the Statute of Limitations 1957 as it relates to acts of sexual abuse done to a person while a child. As a result of 2000 Act, a victim of child sex abuse is regarded as under a disability if, as a result of that abuse or any other act of the abuser, the person is suffering a psychological injury which substantially impairs his or her ability to make a reasoned decision in relation to bringing the civil action. Thus the three-year period does not start to run in such cases until the victim has recovered sufficiently from the psychological injury to be able to decide whether to bring the action.
These changes were intended to strike an appropriate balance between the right of the victim of child sex abuse to seek redress from the perpetrator once he or she has overcome the trauma of that abuse sufficiently to be able to commence proceedings, on the one hand, and the rights of people generally to be protected against stale claims, on the other. The courts hearing such a claim are best placed to judge how the change made in the 2000 Act applies in the particular case and it is open to the parties to adduce evidence of whatever criminal proceedings may be relevant to the civil proceedings.
While I hope this information will be of some assistance to the Deputy, it would be very much advised that any person seeking redress as a victim of child sex abuse under the provisions of the 2000 Act have the benefit of independent legal advice as appropriate to the specific circumstances of his or her case.
Garda Deployment
Questions (141)
Carol Nolan
Question:141. Deputy Carol Nolan asked the Tánaiste and Minister for Justice and Equality the reason there is a Garda presence at the walls of Glasnevin cemetery; if this presence is full time; the estimated cost to the Exchequer of such a presence; and if she will make a statement on the matter. [31856/16]
View answerWritten answers
As the Deputy will be aware, 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.
For security and operational reasons, it is not the policy of An Garda Síochána to comment on the specific deployment of Garda resources. However, I am assured by the Garda Commissioner that the allocation of resources is continually monitored and reviewed, taking into account all relevant factors including crime trends, demographics, and security assessments so as to ensure optimal use is made of all Garda resources.
Immigration Status
Questions (142)
Eoin Ó Broin
Question:142. Deputy Eoin Ó Broin asked the Tánaiste and Minister for Justice and Equality the legislative or policy basis underpinning the definition of cohabiting used by INIS when determining visa applications; the reason INIS does not consider couples living with the parents of the Irish partner as cohabiting; if she will review this practice and allow such couples to be considered as cohabiting even when they are living with the parent of an Irish citizen in view of the housing crisis and the high costs of rents. [31870/16]
View answerWritten answers
Applications for a De Facto Relationship Immigration Permission with an Irish national are processed in accordance with the qualifying criteria set out on the INIS website and also taking cognisance of the provisions set down in the INIS Policy Document on non-EEA Family Reunification (December 2013). According to the Policy Document, a De Facto relationship is a cohabiting relationship akin to marriage duly attested. As marriage is a legally binding contract and De Facto partnerships are by their nature non-binding, there must be more requirements and considerations in place when assessing applications for De Facto partnerships.
The De Facto partnership scheme is an administrative scheme whereby an applicant who is currently resident in the State under another permission may apply for permission to remain on the basis of their relationship alone. Residency in the State based on being the partner of an Irish citizen is generally granted on a case by case basis, accompanied by a submission of documentary evidence that the relationship has been of at least two years duration. An applicant must be able to provide dated documentary evidence showing that they and their Irish partner have been cohabiting together in a relationship akin to marriage for at least a two year period immediately prior to the application being submitted. Applicants should be in a position to provide joint tenancy agreements, joint utility bills, bank statements, evidence of joint purchases and finances, documentation showing the noting of each other on your respective insurance documentation and any other documentation a couple would expect to accrue in a marriage type situation. Applications where a couple are reliant on parents both physically and/or financially for accommodation and/or other resources would not be deemed to be in a relationship akin to marriage or financially independent. The onus ultimately rests with the applicants to provide sufficient documentary evidence to show that they qualify under the scheme.
Where a negative decision has been issued, it is open to the applicant to submit a request for a review of this decision. However, it should also be noted that there are other options available to persons who wish to remain in the State for an extended period, for example, Student Conditions, Work Permit etc.
Question No. 143 answered with Question No. 92.
Garda Reports
Questions (144)
Pearse Doherty
Question:144. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality if she has requested a new report from An Garda Síochána into undercover policing by the British Metropolitan Police; if the scope of this new report will include any matters relating to Northern Ireland; if this report will seek to determine if the Garda requested the assistance of the British Metropolitan Police; if this report will investigate if any Irish protest groups were the target of the surveillance; and if she will make a statement on the matter. [31903/16]
View answerWritten answers
As the Deputy will be aware, allegations regarding undercover activities by a person in this jurisdiction were first made public in 2011. A report from the Garda Commissioner on the matter was sought at that time and that report was provided in March 2011. The report noted that no evidence had been established that the person had been involved in any criminal activity while in this jurisdiction.
That report also outlined the position in respect of the basis on which co-operation from police services in other jurisdictions could be sought in special circumstances relating to the presence in this State of certain persons with a record of violence whose identities would be unknown to the Garda Authorities and who might seek to foment or shape violent protest here or to engage in other criminal activities in the State.
In the light of developments which have taken place outside this jurisdiction since these matters first came to light, including the establishment of an inquiry into undercover policing by the UK Government, a fresh report has been requested from the Garda Commissioner on any issues arising. I will fully consider this report when it is available.
I would note to the Deputy that I have made it clear previously that should anything emerge from the findings of the UK's undercover policing inquiry that would be relevant to policing in this jurisdiction I will consider it fully and take any action that may be required.
Legal Services Regulation
Questions (145)
Mattie McGrath
Question:145. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality if she will investigate the serious issues raised with respect to membership of the Legal Services Regulatory Authority (details supplied); and if she will make a statement on the matter. [31907/16]
View answerWritten answers
The procedures in place for the appointment of members of the Legal Services Regulatory Authority are laid out in Part 2 of the Legal Services Regulation Act 2015 to which I would draw the Deputy's attention. This Part, comprising sections 7 to 36, deals with the establishment of the new Legal Services Regulatory Authority, its membership, appointment, functions, staffing and other matters including disqualification or removal from membership. The Authority comprises eleven members of whom a majority, including the Chairperson, are to be lay persons.
The selection process is intentionally built around a framework of ten prescribed nominating bodies set out in section 9 of the 2015 Act. This framework was introduced by the Government by way of ensuring the independence of the new Regulatory Authority in terms of both its appointment and its functions. It also seeks to represent a balance of interests, in the membership of the Authority, between legal practitioners and those clients who avail of their services.
The ten bodies concerned are, the Citizens Information Board; An tÚdaras um Ard-Oideachas; the Competition and Consumer Protection Commission; the Irish Human Rights and Equality Commission; the Institute of Legal Costs Accountants; the Consumers Association of Ireland; The Bar Council; the Legal Aid Board; the Honorable Society of the King's Inns and Law Society. The Law Society has two nominees reflecting the fact that solicitors outnumber barristers being regulated under the 2015 Act by five to one – upwards of 10,000 practising solicitors as compared to upwards of 2,000 practising barristers.
Each of the prescribed nominating bodies puts forward one primary and one substitute nominee for consideration for membership of the Regulatory Authority under the terms and criteria set out in the 2015 Act. This includes by reference to their relevant expertise as set out in section 9(3) and with regard to the objective of there being no fewer than four members who are women and four members who are men under section 9 (6). This is with the exception of the Law Society which, again because of the ratio of solicitors practising in the State which I have just mentioned, puts forward one nominee of each sex.
While members of the new Regulatory Authority are duly appointed by the Government under these procedures, under section 9 (2)(a) of the 2015 Act, a resolution approving such appointment has first to be passed by both Houses of the Oireachtas. Resolutions of both Houses approving members of the Authority were passed in July 2016 with resolutions concerning one remaining alternative nominee passed by the Houses on 6 October 2016.
The ten prescribed nominating bodies, therefore, have put forward their nominees under the procedures set out in Part 2 of the Legal Services Regulation Act 2015, 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 any of these entities which is a private body to competently conduct the indoor management of its board or council and to oversee the conduct of its own business in accordance with its own rules and procedures.
There has been some correspondence on the nominations aspect with my office to which I have replied directly and my Department has, at its own request, received formal written confirmation from the nominating body concerned that it is satisfied that the internal procedures in respect of its nominations to the Legal Services Regulatory Authority were followed. Beyond that, and having regard to the other matters raised in the letter conveyed with the Deputy's Question, it would not be appropriate for me to comment any further on the issues and allegations being raised therein as they concern matters that are, in the first instance, between the parties concerned and may be subjudice.
Ministerial Responsibilities
Questions (146)
Dara Calleary
Question:146. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality the delegated responsibilities she has given to Ministers of State in her Department; when the order of delegated responsibility was signed; if she included her Ministers of State in direct discussions or meetings with the Minister for Public Expenditure and Reform as part of pre-budget discussions; if so, the dates of such meetings and the attendance at each meeting; if the Minister of State was not included the reason this was the position, in view of the designated responsibilities; and if she will make a statement on the matter. [31919/16]
View answerWritten answers
As the Deputy will be aware, Ministers of State are appointed by the Government, on nomination of the Taoiseach. In accordance with the Ministers and Secretaries (Amendment) (No.2) Act 1977, the Government may delegate, by way of an Order, to a Minister of State any of the powers and duties of the relevant Minister of the Government under any particular Act or any particular statutory power or duty. The role and function of the Minister of State may also be on an administrative basis.
Mr. David Stanton TD was appointed Minister of State for Justice at the Department of Justice and Equality with special responsibility for Equality, Immigration, and Integration. I obtained Government approval to delegate powers and duties to Minister of State, David Stanton TD, under Statutory Instrument 422 of 2016.
Mr. Dara Murphy T.D. is the Minister of State for Data Protection at the Department of Justice and Equality and the Department of the Taoiseach. He is also Minister of State for European Affairs and the EU Digital Single Market at the Departments of the Taoiseach and Foreign Affairs and Trade. His Data Protection functions are set out in Statutory Instrument 388 of 2016.
My Department's priorities for Budget 2017 reflect the commitments in the Programme for a Partnership Government and included substantial additional funding for both the Office of the Data Protection Commissioner and Traveller Initiatives which are areas formally delegated to the Ministers of State at my Department. I maintain close ongoing contact with my ministerial colleagues and they are invited to my regular meetings with the Department's senior management team.
Irish Naturalisation and Immigration Service Data
Questions (147)
Catherine Murphy
Question:147. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the number of EU treaty rights applications from family members of UK citizens here in 2014, 2015 and to date in 2016 broken down by applicants that were successful, unsuccessful or refused and those that are to be processed, in tabular form; and if she will make a statement on the matter. [31931/16]
View answerWritten answers
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that there has been an unprecedented and sustained increase of approximately 70% in applications for residence permits by family members of EU citizens exercising free movement rights since 2014. In that regard, in the region of 50% of applications are by non-EEA spouse/family members of UK nationals.
The Deputy will appreciate that cognisance must be given to the wider policy issues arising from this development. In particular, there are serious concerns that a significant number of the applications are indicative of potential abuses of the Common Travel Area (CTA). While INIS is committed to processing all applications fairly and achieving the highest possible level of efficiency for applicants, this must be balanced with safeguarding the integrity of the operation of the CTA and the State's immigration system.
I am further informed that the table sets out the relevant information in relation to applications for residence cards by family members of UK citizens exercising free movement rights in the period 1 January 2014 to 30 September, 2016.
|
Year |
No. of applications |
No. Approved |
No. Refused |
No. Withdrawn/not accepted |
No. Awaiting decision |
|
2014 |
1,097 |
815 |
253 |
29 |
NIL |
|
2015 |
3,350 |
1,996 |
790 |
73 |
491 |
To date this year approximately 1,200 further applications have been received. Because cases are processed in date order, many of these cases have yet to be processed as efforts are focused on dealing with the 2015 cases on hand.
Irish Naturalisation and Immigration Service Administration
Questions (148)
Catherine Murphy
Question:148. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the period of time it takes to process an application that falls under the EU treaty rights, excluding the period of time in acknowledging receipt of the application; the process of appealing unsuccessful applications; the number of successful and unsuccessful appeals for the years 2014, 2015 and to date in 2016, in tabular form; and if she will make a statement on the matter. [31932/16]
View answerWritten answers
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that there has been an unprecedented and sustained increase of approximately 70% in applications for residence permits by family members of EU citizens exercising free movement rights since 2014.
This has impacted on processing times which are now approximately 10 months from date of receipt of application. A number of measures have and are being taken to address this situation, including assignment of additional staff resources and the provision of overtime. INIS resources, operational and organisational structures are kept under ongoing review to ensure that resources are deployed as efficiently as possible.
In line with the relevant legislation, where an applicant considers that the deciding officer has erred in fact or law in making the decision to refuse an application for a residence card, it is open to the person concerned to request a review of the decision. Requests for review must be made in writing on the prescribed Form EU4 within 15 working days of receipt of the decision. Further information in relation to the review process, including the application form, is available on the INIS website www.inis.gov.ie. The table sets out the total number of reviews granted and refused in the period 1 January 2014 to 30 September, 2016.
|
Year |
No. of reviews granted |
No. of reviews refused |
|
2014 |
465 |
136 |
|
2015 |
262 |
90 |
|
to 30/09/1016 |
110 |
77 |
Garda Deployment
Questions (149)
Willie Penrose
Question:149. Deputy Willie Penrose asked the Tánaiste and Minister for Justice and Equality the steps being taken to replace gardaí who have retired in County Westmeath or are transferring out of the county on promotion (details supplied; and if she will make a statement on the matter. [31941/16]
View answerWritten answers
As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel and vehicles, among the Garda Divisions and Districts and I, as Minister, have no direct role in the matter. Garda management keep this distribution under continual review taking into account crime trends and policing priorities so as to ensure that the best possible use is made of these resources. In regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division as appropriate.
I have been informed by the Garda Commissioner that the Garda strength of the Westmeath Division, on 30 September 2016, the latest date for which figures are readily available, was 247. There are also 14 Garda Reserves and 20 Civilians attached to the Westmeath Division.
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 recently announced 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.
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 which 10 have been assigned to the Westmeath 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 I was very pleased to announce the commencement of a new recruitment campaign on 8 September. 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.
Liquor Licensing Laws
Questions (150)
Michael Collins
Question:150. Deputy Michael Collins asked the Tánaiste and Minister for Justice and Equality the measures currently being carried out in relation to reducing under-age drinking; if she will consider imposing a coding system whereby all alcohol sold would have a unique code and when sold the buyer would have to sign their details, therefore making consumers responsible for any alcohol they purchase. [31949/16]
View answerWritten answers
The position is that there are statutory safeguards in place relating to the sale to and the consumption of intoxicating liquor by persons under the age of 18 years. The law in this area was amended most recently by the Intoxicating Liquor Act 2008 which amended the Licensing Acts and the Criminal Justice (Public Order) Act 1994 with the aim of tackling excessive consumption of intoxicating liquor as well public disorder and antisocial behaviour.
Under the Intoxicating Liquor Act 1988 (as amended), it is an offence for a licence holder to sell or deliver, or permit another person to sell or deliver, intoxicating liquor to a person under 18 years of age. Moreover, it is an offence for a person to purchase intoxicating liquor for delivery to, or consumption by, a person under the age of 18 years or to deliver intoxicating liquor to such a person, except where the intoxicating liquor is to be consumed in a private residence with the explicit consent of the young person's parent or guardian.
Under the 1988 Act it is also illegal for a person under 18 years to buy intoxicating liquor or to consume it in any place outside their home (or in another person's home where they are present by right or with permission). Where a Garda suspects that a person is under 18 years and that person, or anyone accompanying that person, is in possession of intoxicating liquor for the purpose of consuming it in a place other than a private dwelling, the Garda may seek an explanation and if not satisfied with the reply, he or she may seize the intoxicating liquor if it is not handed over voluntarily.
The Garda National Age Card scheme is an important proof-of-age mechanism in relation to the sale of intoxicating liquor. The scheme is administered by An Garda Síochána and has facilitated the Gardaí, in cooperation with the licensed trade, to address and combat underage consumption of intoxicating liquor. The 1988 Act, as amended, also makes provision for the test purchasing of intoxicating liquor. The primary objective of the scheme is to enable the Gardaí to target licensed premises which are suspected of engaging in illegal sales of intoxicating liquor to persons under 18 years of age.
The Criminal Justice (Public Order) Act 1994 (as amended) also permits An Garda Síochána to seize bottles or containers containing intoxicating liquor where there is a reasonable apprehension of public disorder or damage to property and require a person to leave the place concerned in a peaceable and orderly manner. Incidents of public disorder and anti-social behaviour arising from the abuse of intoxicating liquor are investigated by the Gardaí and dealt with in an appropriate manner, including by caution, fixed charge penalty notices or commencement of proceedings.
As regards introduction of a coding system along the lines suggested by the Deputy, implementation of such a measure and its enforcement could be expected to encounter significant difficulties in practice. Apart from the administrative costs involved in recording purchasers' details at point of sale, practical difficulties would also arise at retail level in cases where several individual containers are packaged together for sale, e.g. an enclosed six-pack of bottles; a plastic-wrapped tray of cans; or a wooden box containing bottles of wine. This raises the question of whether a unique code could be attached earlier in the supply or distribution chains rather than at the point of sale. However, this would create logistical difficulties for importers and distributors and in the case of imports from EU countries, any additional labelling requirements would be regarded as infringing internal market rules relating to free movement of such products.
For the sake of completeness, I should add that the Public Health (Alcohol) Bill 2015, which falls within the area of responsibility of the Minister for Health and is currently awaiting Committee Stage in the Seanad, contains proposals for restrictions in relation to sponsorship and the advertising of intoxicating liquor and confers powers on the Minister for Health to make regulations for the purpose of prohibiting or restricting the sale of intoxicating liquor in certain circumstances.
Garda Overtime
Questions (151)
John Curran
Question:151. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality the cost of Garda overtime in the Dublin metropolitan west region for the period 2011 to 2016; and if she will make a statement on the matter. [31957/16]
View answerWritten answers
As the Deputy will appreciate, the allocation of resources within An Garda Síochána is a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.
I am advised by the Garda Authorities that the overtime cost for both civilians and Garda rank in the Dublin Metropolitan West Region for the period 2011 to 2016 is set out in the table. The Deputy will be aware that the figure for 2011 includes expenditure for the official Visits of Queen Elizabeth II and President Obama, while the figure for 2016 includes expenditure on Operation Thor, organised crime operations, the policing of various 1916 commemorative events and the visit of US Vice President Joe Biden.
Overtime Expenditure
DMR West Division 2011 - 2016
|
Year |
Total |
|
2011 |
€5,918,798 |
|
2012 |
€2,704,278 |
|
2013 |
€2,745,451 |
|
2014 |
€2,236,142 |
|
2015 |
€3,726,182 |
|
2016 (January-September) |
€5,493,397 |
|
Total |
€22,824,248 |
Irish Naturalisation and Immigration Service Data
Questions (152)
Bernard Durkan
Question:152. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of an application for leave to remain under section 3 of the Immigration Act 1999 on humanitarian grounds in the case of a person (details supplied); and if she will make a statement on the matter. [31963/16]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State on 5th June 2011 and was registered in the State on Stamp 2 student conditions between 22nd June 2011 and 11th August 2014. The person concerned has resided in the State without permission since that date.
On 27th July 2016, the person concerned made an application for permission to remain in the State. They were informed on 15th September 2016 that following a consideration of the individual circumstances of their case, including all the matters known to the INIS and which had been adverted to in their application, it had been decided that their situation did not warrant the granting of permission to remain in the State. They were informed that this was because their child's Stamp 4 permission to remain in the State did not confer upon them any entitlement to permission to remain in the State. The person concerned was also informed that they were required to leave the State without delay. They were also informed that if evidence of their departure from the State was not received by the 15th October 2016, then they would be issued with a notification under Section 3(4) of the Immigration Act 1999.
The person concerned corresponded with the INIS on 12th October 2016, asserting that they wished to apply for humanitarian leave to remain and wished to have their case considered under Section 3 of the Immigration Act 1999. On foot of this letter, a notification under Section 3(4) of the Immigration Act 1999 has been prepared and is due to issue shortly. Any submissions or representations that the person concerned makes will be taken into account when their case is considered under Section 3(6) of the Immigration Act 1999.
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 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 questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
Garda Vetting Applications Data
Questions (153)
Kevin O'Keeffe
Question:153. Deputy Kevin O'Keeffe asked the Tánaiste and Minister for Justice and Equality if she will examine a delay which has arisen with second stage documentation in relation to a Garda vetting application (details supplied); and the reason for the delay in completing the second stage of such applications. [31976/16]
View answerWritten answers
I have sought further information from the Garda Authorities in respect of the individual case which the Deputy has raised and I will correspond directly with the Deputy when the information is to hand.
The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 153 for answer on Tuesday, 25 October 2016, as follows:
To ask the Tánaiste and Minister for Justice and Equality if she will examine a delay which has arisen with second stage documentation in relation to a Garda vetting application (details supplied); and the reason for the delay in completing the second stage of such applications.
As you are aware from my reply to Parliamentary Question No. 167 answered on Tuesday, 25 October 2016, the initial vetting application for the person to whom you refer was received by the National Vetting Bureau on 20 August 2016 and was processed and returned to the Liaison Person in the Registered Organisation on the 28 September 2016.
I am informed by the Garda authorities that further secondary stage checks were conducted by An Garda Síochána. These checks were completed and returned to the Registered Organisation on 24 October 2016.
I hope this information is of assistance.
Question No. 154 answered with Question No. 80.
Garda Accommodation
Questions (155)
Niamh Smyth
Question:155. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the status of the construction of a new special victims interview suite at Stradone Garda station in County Cavan which was announced in October 2015; and if she will make a statement on the matter. [32002/16]
View answerWritten answers
The Office of Public Works has the primary responsibility for the provision and maintenance of Garda accommodation and works closely with the Garda authorities in this regard and I, as Minister, have no role in these matters.
The Deputy will be aware that the provision of a Specialist Victim Interview Suite at Stradone was announced as part of the Garda Building and Refurbishment Programme 2016-2021.
I am happy to inform the Deputy that the Office of Public Works has advised that a tender package for the works at Stradone is currently being finalised and is expected to issue shortly with a view to the works being undertaken in 2017.
Garda Accommodation
Questions (156)
Thomas P. Broughan
Question:156. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality her plans to have Raheny Garda station, Dublin 5, refurbished; and if she will make a statement on the matter. [32008/16]
View answerWritten answers
The Deputy will appreciate that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works, which has the responsibility for the provision and maintenance of Garda accommodation. This includes identifying and progressing any necessary remedial or refurbishment works required at individual stations.
I am advised by the Garda authorities there are currently no plans to refurbish Raheny Garda Station.