Written Answers Nos. 44 - 69
44. Deputy Aengus Ó Snodaigh asked the Taoiseach and Minister for Defence when his Department will publish the next tranche of military service pension records from the period 1916 to 1923; and the amount of material expected to be released as part of the centenary programme. [33654/16]
View answerThe Military Service (1916-1923) Pensions Collection (MSPC) project is a joint Department of Defence and Defence Forces contribution to the Decade of Centenaries. The project is mandated to release the files and records of the Department of Defence dealing with the service of qualifying members of the Irish Volunteers, the Irish Citizen Army, the Hibernian Rifles, Cumann na mBan, Na Fianna Éireann and the Irish Republican Army from the period April 1916 to the 30th of September 1923. This involves cataloguing and partially digitising nearly 300,000 files.
This project was initiated in 2008 and will extend to 2023. Since January 2014 there have been a number of online releases of material from the collection. A recent online release coincided with the opening of the new Military Archives Facility on 26th April this year. This release was comprised of the Medals Series Database from the Collection and its associated files. It included details of those who applied for the 1916 Medal and the Service (1917-1921) Medal which recognised those who were engaged in active service during the 1916 Rising and those who served during the period 1917-1921. Work on the collection is ongoing, however, no date has been set as yet for the next tranche of material to be made public.
45. Deputy Maureen O'Sullivan asked the Taoiseach and Minister for Defence his plans to enhance the Air Corps capability by upgrading or replacing the current fleet of PC9s with jet aircraft; and if he will make a statement on the matter. [33799/16]
View answerMy priority as Minister with Special Responsibility for Defence is to ensure that the operational capability of the Defence Forces, including the availability of specialised equipment for the Air Corps, is maintained to the greatest extent possible so as to enable the Defence Forces to carry out their roles as assigned by Government as set out on the White Paper on Defence.
In respect of the Air Corps, the principal aim over the lifetime of the White Paper will be to ensure that the Air Corps can continue to undertake the required military operations and to deliver a broad range of air supports to other Government Departments and agencies in line with Memoranda of Understanding and Service Level Agreements.
The future equipment priorities for the Air Corps are set out in the White Paper, which recognises that there are several new and or enhanced platforms to be procured for the Air Corps. Future capability requirements for the Air Corps are being considered as part of the rigorous capability development and equipment planning priorities process as envisaged in the White Paper. This will define ongoing and future equipment priorities having regard to the evolving security environment and available funding.
In the context of the Air Corps fleet, this will include the replacement of the Cessna fleet with three larger aircraft suitably equipped for Intelligence, Surveillance, Target Acquisition and Reconnaissance tasks. The preparatory work for the tender competition has begun within the Defence organisation, and it is expected that the competition will be initiated by the end of this year.
There are no current plans, however, to upgrade or replace the current fleet of PC-9M aircraft purchased in 2004. The fleet of PC-9 aircraft is expected to fall due for replacement in 2025. The Pilatus PC 9 aircraft were obtained as trainer aircraft for the purpose of training pilots in the Air Corps. They are capable of being armed and as such have a limited defensive capability. However, these limitations were noted in the White Paper on Defence and the development of a more capable combat/intercept capability is to be considered in due course as part of the White Paper review process.
It should be noted that a decision was made recently to replace a PC-9M aircraft which was written off following a fatal crash in 2009. The replacement PC-9M aircraft scheduled for delivery next year from Pilatus Aircraft in Switzerland at a cost of €5m plus VAT will bring the fleet up to 8 and will assist in a required increase in pilot training in the Air Corps.
48. Deputy Clare Daly asked the Taoiseach and Minister for Defence if he will provide the detailed medical advice given by the medical corps and the medical officer of the Defence Forces that states Lariam is the most suitable drug for members of the Defence Forces in sub-Saharan Africa. [33808/16]
View answerI already provided the information sought by the Deputy to this question on 18 October, 2016 in written PQ 20561/16. I am happy to provide the information to the Deputy again.
The health and welfare of the men and women of the Defence Forces is a high priority for me and the Defence Forces.
Malaria is a serious disease which killed approximately 438,000 people in 2015, with 90% of deaths occurring in sub-Saharan Africa as reported by the World Health Organization. It is a serious threat to any military force operating in the area.
There are three anti-malarial drugs, in use in the Defence Forces:
- Lariam (Mefloquine);
- Malarone; and
- Doxycycline.
The choice of medication is a medical decision made by Medical Officers in the Defence Forces having regard to the specific circumstances of the mission and the individual member of the Defence Forces. That position has not changed. The Defence Forces Director Medical Branch issues instructions on matters of medical policy. Current DMB Instruction No. 52 amendment No. 1, dated 24 August 2016 provides for Vaccinations and Other preparations for Overseas Deployments. Paragraphs 5 to 8 deal specifically with the use of malaria prophylaxis and provides for the following:
“ 5. Please note that the ‘default’ chemoprophylaxis against Malaria, in Sub-Saharan missions and other areas where the predominant species is Plasmodium falciparum and where there is no evidence of resistance to it in the region, is Mefloquine (Lariam) 250mg weekly. Mefloquine is the only ‘once weekly’ medication currently available as a chemoprophylactic agent for Malaria. The dosing regimen is particularly suitable for the deployed soldier, given that he/she has minimal control over the operational environment on a day to day basis, thus increasing the risk of missing a dose of a daily medication. To be effective Mefloquine must be started two (2) weeks prior to deployment and should, if possible, be started four (4) weeks prior to departure in order to allow accommodation to minor and tolerable side-effects or to determine the appearance of intolerable side-effects or contraindications. Where operational imperatives demand immediate deployment without any ‘lead-in’ period, Mefloquine is not appropriate as a chemoprophylactic agent and one of the daily medications (Doxycycline or Malarone) should be used instead. All Medical Officers should familiarise themselves in detail with the contraindications and side-effect of all prescribed medications. To this end, the Health Products Regulatory Authority (HPRA) website can be consulted. Where an individual has an intolerance or sensitivity or contraindication to the use of Mefloquine, he/she should not be prescribed Mefloquine and should be ‘stood down’ from that particular deployment. In the event of there being no other person available within the Defence Forces with the particular skills set required for the mission, derogation may be sought from the appropriate authority to permit use of an alternative medication. As in all such circumstances the risk benefit ratio will become the determining factor in the recommendation from the Office of DMB to DCOS Sp.
6. In all other areas where troops are to be deployed and where malaria is endemic, the chemoprophylactic agent(s) will be dictated by the predominant species of plasmodium in the area as well as the resistance patterns to the various agents. For example, currently Doxycycline is the recommended first line chemoprophylactic agent for the malaria season in Afghanistan.
7. Irrespective of which agent is used, all deploying personnel should be made aware of the steps to be taken to minimise mosquito bites in the first place e.g. long sleeves, unexposed legs, use of insect repellant on face and neck and other exposed areas, mosquito nets etc etc.
8. There is a requirement for personnel returning to Ireland from deployment in a malarious and/or tropical or Sub Saharan mission/area to be provided with the following medications on repatriation and to be advised on the importance and necessity of course completion:
a. Primaquine 15mgs twice daily for 14 days.
b. Mefloquine (Lariam) 250mgs weekly for 4 weeks.
c. Mebendazole 100mgs twice daily for 3 days. The above regime should commence following repatriation so that the Primaquine and Mebendazole regime is taken concurrently with the last 2 weeks of the Lariam prophylaxis regime.”
Defence Forces Regulations A.12. (Medical Treatment) provides for medical examination of all members of the Permanent Defence Force. The Defence Forces Director Medical Branch instruction No. 40 Medical Examinations amendment No. 3, dated 6 September, 2012 paragraph 5 provides for individual screening and assessment of members of the Defence Force who present for Overseas Medical Examinations. This paragraph provides that the individual member will be:“subjected to a full medical examination with particular emphasis being given to the physical and psychological demands of the mission and the patient’s age and suitability for the specific environment, the proposed vaccinations and any relevant chemo prophylactic agent which may be required.” The current policy is consistent with previous policy in relation to malaria prophylaxis. The Defence Forces policy, in relation to the use of anti-malaria medication, including Lariam, is in line with current summary of product characteristics and product manufacturer’s guidelines. Where malaria has been identified as a risk in a particular mission area, the choice of chemoprophylaxis medication is dependent on a number of factors including the type of malaria in the destination, resistance to particular drugs, the profile of the traveller (contraindications, underlying health conditions, purpose of travel), the duration of travel and adherence issues. Significant precautions are taken by Defence Forces Medical Officers in assessing the medical suitability of members of our Defence Forces to take any of the anti-malarial medications. It is the policy of the Defence Forces that personnel are individually screened for fitness for service overseas and medical suitability.
The use of and the information on medications is kept under ongoing review. As I already indicated, the health and welfare of the Defence Forces is a priority for me and the Defence Forces and this will continue to inform the approach to the issue of Lariam.
49. Deputy Sean Fleming asked the Taoiseach if he will provide a list of contingent assets known to the Central Statistics Office and the amount that he recorded in various State Departments and bodies; the reason these are not included in the State's balance sheet; the rules in relation to this as approved by Eurostat; and if he will make a statement on the matter. [33957/16]
View answerThe legally binding rules underlying the preparation of the national accounts, including government finance statistics, are those of the European System of Accounts 2010 (ESA 2010). These rules define contingent assets and liabilities as "agreements whereby one party is obliged to provide a payment or series of payments to another unit only where certain specific conditions prevail. " (ESA 2010 para 5.08) The rules further clarify that "As they do not give rise to unconditional obligations, contingent assets and contingent liabilities are not considered as financial assets and liabilities" ESA 2010 para 7.19 (d) clarifies that contingent assets and contingent liabilities lie outside the asset/liability boundary and are therefore not recorded in the national accounts. However ESA 2010 acknowledges (para 5.11) that "Although contingent assets and contingent liabilities are not recorded in the accounts, they are important for policy and analysis and information on them needs to be collected and presented as supplementary data." The guidance in ESA 2010 is thus in line with other accounting standards (IPSAS 19, IAS 37) which direct that contingent assets/liabilities should not be recognised in the balance sheet but should generally be disclosed unless the likelihood of their realisation is extremely remote.
The focus on reporting of such supplementary information for the government accounts in recent years has been on the disclosure of contingent liabilities rather than contingent assets. Information on guarantees and off-balance sheet PPPs have been collected as part of the bi-annual EDP notification for a number of years, but these data have not been published in a consistent format across Member States until recently. Article 14 of the European Council Directive 2011/85/EU of 8 November 2011, on requirements for budgetary frameworks of the Member States, established the requirement for publication of "relevant information on contingent liabilities with potentially large impacts on public budgets, including government guarantees, non-performing loans, and liabilities stemming from the operation of public corporations, including the extent thereof. Member States shall also publish information on the participation of general government in the capital of private and public corporations in respect of economically significant amount. "
In 2014 Eurostat put in place templates and a transmission facility for countries to report on contingent liabilities of government in compliance with the Directive. Annual data on contingent liabilities have been transmitted to Eurostat and published nationally since end 2014. These data are available on the Department of Finance website http://www.finance.gov.ie/what-we-do/public-finances/draft-budgetary-framework/budgetary-framework.
No similar framework for the reporting of contingent assets currently exists and the CSO do not currently compile data on the contingent assets of government.
50. Deputy Noel Grealish asked the Taoiseach the frequency with which Irish language interpreters were used during the term of the 31st Dáil for each of the years 2011 to 2016 to date. [33982/16]
View answerIrish Language Interpretation Services were used by my Department during the term of the 31st Dáil as follows:
|
Year |
Event |
Date |
|
2012 |
Meeting of the Convention on the Constitution |
1 December |
|
2013 |
Meeting of the Convention on the Constitution |
26-27 January |
|
Meeting of the Convention on the Constitution |
16-17 February |
|
|
Meeting of the Convention on the Constitution |
13-14 April |
|
|
Meeting of the Convention on the Constitution |
18-19 May |
|
|
Meeting of the Convention on the Constitution |
8-9 June |
|
|
Meeting of the Convention on the Constitution |
28-29 September |
|
|
Meeting of the Convention on the Constitution |
2-3 November |
|
|
2014 |
Meeting of the Convention on the Constitution |
1-2 February |
|
Meeting of the Convention on the Constitution |
22-23 February |
51. Deputy Sean Fleming asked the Taoiseach if he will provide a list of all contingent assets in his Department and in agencies under his Department where amounts can be owed but are not listed in the national accounts as an asset; if he will further provide a full breakdown of each category of contingent assets and the estimated amounts in the category; and if he will make a statement on the matter. [34083/16]
View answerThere are no contingent assets in my Department or the National Economic and Social Development Office.
52. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 74 of 2 November 2016 and following this Deputy's leaders' question on 19 October 2016, if her attention has been drawn to the fact that the Taoiseach's statement (details supplied) is incorrect; if her attention has been further drawn to the fact that this technology is not yet in use in Irish policing; and if she has met with the Taoiseach and the Minister for Transport, Tourism and Sport on the issues raised. [34057/16]
View answerThe Deputy is already aware that I have informed the Taoiseach as to the current position in my response to the Deputy's parliamentary question number 74 of 2 November 2016.
An Garda Síochána’s Modernisation and Renewal Programme 2016-2021 sets out key strategic objectives for Roads Policing which will inform and guide An Garda Síochána’s Road Policing plans over the next 5 years. I would draw the Deputy's attention to the importance of technology in the context of Road Policing, as set out in the Modernisation and Renewal Programme, including the expansion of automatic nameplate recognition technology, ANPR, and the planned use of roadside hand-held devices. The annual Policing Plans over the lifetime of the Modernisation and Renewal Programme will provide an excellent opportunity to set out how these longer term goals will be progressively realised. The significant investment in Garda resources currently underway is closely associated with delivery on the Modernisation and Renewal Programme and it is, therefore, important that these resources are deployed in a targeted manner so that the impact of these resources on Roads Policing (and, of course, on other areas of policing) over time can be monitored and reported on.
I know the Deputy is aware of the Government's multi-agency approach to road safety in Ireland, whereby relevant stakeholders work in partnership to promote and enforce road safety. My Department engages regularly with the Department of Transport, Tourism and Sport across a number of different fora in this regard, including the Criminal Justice (Fixed Charge Processing System) Working Group, which oversees the implementation of the recommendations of the Garda Síochána Inspectorate Report in this area; a number of which relate to information technology.
In addition, I will be meeting the Minister for Transport, Tourism and Sport later this month at the biannual Ministerial Committee on Road Safety, which oversees the implementation of the Road Safety Strategy and provides a forum for high-level discussion of road safety issues.
53. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality the estimated first year and full year cost of the proposed agreement with the Garda Representative Association and Association of Garda Sergeants and Inspectors set out by the Labour Court on 3 November 2016; and if she will make a statement on the matter. [34059/16]
View answerAs the Deputy will be aware, following intensive negotiations between the Government, the Garda Representative Association (GRA) and Association of Garda Sergeants and Inspectors (AGSI) facilitated by the Workplace Relations Commission, the Labour Court last Thursday issued a recommendation in relation to the dispute. On foot of this the GRA and AGSI agreed to defer the intended industrial action for last Friday to facilitate a ballot of their membership. This was a very welcome decision by the Garda associations and has ensured that a full policing service remains in place. The Associations have also now deferred the further three days of industrial action planned for this month.
The Government fully respects the decision of the Labour Court as the independent industrial relations body of last resort in the State and yesterday agreed to accept the recommendation of the Labour Court. The outcome of the process is now being examined in detail by all sides and it is hoped that it will form the basis for a final resolution of this dispute following the balloting of members of AGSI and the GRA in due course.
The independent recommendation of the Labour Court seeks to address the concerns that have been articulated by the representative bodies in relation to their pay and conditions including of new recruits, and their access to the statutory dispute resolution bodies. The nature of the Labour Court's recommendation is such that some of the cost of the implementation of the proposals, if they are accepted by the members of AGSI and the GRA, depend on the amount of overtime worked in any year. That said, I am advised that, depending on a number of variables, the estimated gross annual cost of implementing the Labour Court Recommendation could exceed €50m; however, this gross cost will be offset by statutory deductions for tax, PRSI, etc., which will reduce the net Exchequer cost.
It is important now that members of AGSI and the GRA are afforded the time and space to give the Labour Court's recommendation the detailed consideration that it deserves.
54. Deputy Jackie Cahill asked the Tánaiste and Minister for Justice and Equality the total value of uncollected fines for criminal offences in courts here for 2013, 2014, 2015 and 2016 to date in tabular form; and if she will make a statement on the matter. [33911/16]
View answerI wish to advise the Deputy that I have made inquiries with the Courts Service in respect of the statistics requested. The information sought is currently being compiled and verified. I shall arrange for this information to be forwarded to him shortly.
The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 54 of 9 November 2016 in which you sought the total value of uncollected fines for criminal offences for eachof the years 2013 to 2016 to date.
I have had inquiries made and the Courts Service has provided the statistics below in relation to the value of uncollected fines as recorded on the Courts Service Criminal Case Tracking System.
Table 1 sets out the value of uncollected fines which were imposed between January and December of each of the years 2013 to 2015 and during the period 01 January to 28 October 2016. It does not include outstanding fines where part payment has been made by way of instalments in accordance with the Fines (Payment and Recovery) Act 2014 which came into effect on 11 January 2016. The level of fines uncollected is directly related to the time lapse since the fine was imposed i.e. if a fine was imposed in 2013 there has been 3 years in which to collect the fine whereas if a fine was imposed in 2016 there has only been a maximum of 10 months to collect the fine. Efforts to realise uncollected fines continue over a number of years. Consequently the value of fines outstanding in 2015/2016 is significantly higher than for 2013/2014.
Table 2 sets out the value of uncollected fines where part payment has been made by persons opting for payment by instalments in the period 01 January to 28 October 2016.Table 1
|
Year |
Value of Fines Imposed* |
Value of Fines Outstanding |
|
Jan - Dec 2013 |
€21,773,922.35 |
€4,241,239.29 |
|
Jan - Dec 2014 |
€23,419,612.42 |
€5,852,055.11 |
|
Jan - Dec 2015 |
€23,661,058.63 |
€11,125,905.53 |
|
Jan - 28 Oct 2016 |
€19,336,404.86 |
€14,305,331.50 |
*This figure does not include fines that have been superseded, i.e. Appeal allowed, Set aside etc. Table 2
|
Year |
Value of Part Paid Fines Outstanding |
|
01 Jan - 28 Oct 2016 |
€394,392.24 |
55. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 89 of 2 November 2016, where she stated that, as of 24 October 2016, some 103 official Garda vehicles, 91 of which are in the traffic corps, have been fitted with automatic name plate recognition technology, ANPR, the number of traffic corps vehicles there were as of 24 October 2016 in total; when the remaining vehicles will be fitted with ANPR; and if she will make a statement on the matter. [33915/16]
View answerAs the Deputy will be aware, decisions in relation to the provision and allocation of resources is a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.
I am informed by the Garda authorities that, as of 4 November, there are 289 vehicles assigned for use by the Traffic Corps. I am also informed that ANPR is in use in all Garda Divisions and Districts nationwide and that the use of this technology is kept under constant review by Garda management.
The Deputy may be aware that under the Garda Síochána Modernisation and Renewal Programme 2016-2021, there are plans to make greater use of ANPR. The Programme envisages the expansion of the number of ANPR units and all units being 3G-enabled to give Gardaí real-time information on suspect vehicles. In addition, the Programme envisages that An Garda Síochána will examine the introduction of fixed ANPR sites at strategic locations across the road network in addition to using portable ANPR units while patrolling.
56. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the latest data on the numbers of persons currently in direct provision for one year or less, one year to two years, two years to three years, three years to four years, four years to five years and more than five years; and the equivalent data for the same date in 2015, in tabular form. [33923/16]
View answerWhen a person makes an application for international protection, they are offered accommodation in State provided accommodation. Whilst there is no obligation on them to accept this offer, approximately 50% of applicants avail of the accommodation offered. They are not obliged to remain in this accommodation and can leave and indeed return as they so require. In addition, those who refuse the initial accommodation offer can choose to avail of it at a later date.
The following two tables set out the number of persons in State provided accommodation as of the end of October 2015 and October 2016 respectively. The duration of stay based on the last entry into State provided accommodation is shown in the left hand column. This may not directly correspond to the date of their initial application for international protection.
The total for 2016 includes approximately 400 persons who have permission to remain in the State and are in transit to independent living.
|
Statistics as at the end of October 2015 |
|
|
Duration of Stay |
Number of persons |
|
0<12 months |
2,033 |
|
1 year < 2 years |
623 |
|
2 years < 3 years |
382 |
|
3 years < 4 years |
301 |
|
4 years < 5 years |
241 |
|
5 years + |
1,212 |
|
Total: |
4,792 |
|
Statistics as at the end of October 2016 |
|
|
Duration of Stay |
Number of Persons |
|
0<12 months |
1,690 |
|
1 year < 2 years |
1,032 |
|
2 years < 3 years |
518 |
|
3 years < 4 years |
249 |
|
4 years < 5 years |
198 |
|
5 years + |
614 |
|
Total: |
4,301 |
57. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the number of asylum seekers in direct provision awaiting a decision on their right to refugee status; the number of persons who have been granted refugee status but are still living in direction provision centres; and if she will make a statement on the matter. [33924/16]
View answerAt the end of October 2016 there were approximately 4,300 persons availing of State provided accommodation. Approximately 400 of those persons have some form of permission (not exclusively refugee status) to remain in the State. The information requested by the Deputy in relation to the number of those resident in State provided accommodation that are awaiting a decision on their right to refugee status is not currently to hand but I will follow up directly with the Deputy on this matter in due course.
While residents who have received some form of permission to remain in the State cease to be ordinarily entitled to accommodation supports provided by RIA, RIA have always continued to provide such persons with continued accommodation until they secure their own private accommodation. RIA are particularly mindful of the reality of the housing situation in the State and the pressures on the Community Welfare Service in respect of Rent Supplement or the City and County Councils in respect of Housing Assistance Payments and Housing Lists. That said, the State has been criticised for the length of time persons spend in Direct Provision and accordingly, the various relevant State bodies must all work together to transition persons granted status out of the system as quickly as possible.
The following deferred reply was received under Standing Order 42A
I refer to your recent Parliamentary Question (No. 57 of 9 November 2016) where you sought:
"...number of asylum seekers in direct provision awaiting a decision on their right to refugee status; the number of persons who have been granted refugee status but are still living in direction provision centres..."
As you will recall, the information in relation to the numbers awaiting a decision on their right to refugee status could not be obtained in the time available and I undertook to contact you again.
I can now inform you that as of the end of October 2016, some 1,050 persons were awaiting a decision on their initial claim for refugee status. In addition to this just over 950 were waiting for a decision on their appeal against a refusal of refugee status.
58. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the number of Syrian nationals refused access or leave to land here in each year since the start of the war in Syria in 2011. [33925/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that in the years 2011 to 2014 there has been an average of less than 10 per annum refused permission to enter the State of persons of Syrian nationality or claiming to be of Syrian nationality. The figure for 2015 was 62 and in the first 10 months of this year is 39.
These persons did not travel directly to the State from their country of origin and, where it arose, would be returned to their point of embarkation for the State - predominantly other EU member States. On a general point there tends to be a rise in persons claiming to be from conflict zones when confronted at ports of entry – each case is examined on the information available to the immigration officer.
There are in total eleven grounds on which an immigration officer may refuse to give a permission to enter the State and these are set out at Section 4 (3) of the Immigration Act 2004. While a person may be refused permission to enter the State based on a number of grounds, such refusal need only be based on any one of those grounds. Immigration officers are required to provide a refused person with a written notice setting out the reasons for such a decision.
In all cases, removals from the State are conducted in accordance with the law. Removals are essentially operational matters for the Garda National Immigration Bureau who work closely with officials of my Department in arranging where necessary travel documents and other papers required.
It should be noted that information on numbers refused permission to enter the State may be subject to revision over time where individual cases are examined further and the status of some cases may change.
59. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality if she will grant family citizenship to persons (details supplied); and if she will make a statement on the matter. [33929/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of a current application for a certificate of naturalisation from persons with the family name referred to by the Deputy.
Section 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must -
- be of full age
- be of good character
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a further total residence in the State amounting to four years
- intend in good faith to continue to reside in the State after naturalisation
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet all the statutory requirements. An on-line residency calculator is available on the website www.inis.gov.ie, which may be of assistance in establishing if the residency requirements are met.
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.
60. Deputy Jan O'Sullivan asked the Tánaiste and Minister for Justice and Equality the action being taken by her Department in response to the call by the UN Committee on the Rights of the Child in March 2016 for the Government to provide clear, accessible and formal procedures to regularise undocumented children and their families; and if she will make a statement on the matter. [33944/16]
View answerThe UN Committee on the Rights of the Child issued its concluding observations on the Third and Fourth Periodic Report by Ireland in February 2016. The Committee acknowledged the ongoing efforts of Ireland to-date and made a number of further recommendations regarding the protection of childrens' rights here. One such recommendation, as was pointed out by the Deputy, concerns formal procedures for conferring immigration status on children and their families who are in an irregular situation. Ireland is due to report again to the Committee in October 2021. In the interim this Department will study any relevant recommendations in detail and will consult with other State and non-government organisations as necessary and will actively contribute to a whole of Government response to the issues raised.
On the broader question of a general regularisation scheme for persons who are undocumented or in an irregular situation I would direct the Deputy to my reply to Parliamentary Questions 101 and 103 of 21 June 2016 where I indicated that I have no immediate plans to introduce such a scheme and that any such scheme would have very significant implications for the State, financially and otherwise.
61. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if any of her departmental staff or members of An Garda Síochána suggested or mentioned using members of the Defence Forces in a peacekeeping capacity, or any other capacity, potentially or otherwise, during any talks concerning industrial action by An Garda Síochána; and if she will make a statement on the matter. [33955/16]
View answerWhile there would no question of the Defence Forces carrying out normal policing duties, the Defence Forces are always available as an aid to the civil power and, of course, in contingency planning discussions that role was envisaged to continue should a withdrawal of labour by members of An Garda Síochána have taken place.
62. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [33965/16]
View answerI refer the Deputy to the reply to his recent Parliamentary Question No. 64 of Thursday 6th October 2016 in relation to the person concerned. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the position remains unchanged. The processing of the application for a certificate of naturalisation from the person concerned is under consideration and has not yet reached a conclusion but I understand however that the case is due to be submitted for decision in the very near future.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
63. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of prosecutions in 2015 and to date in 2016 per District Court for disqualified drivers driving while disqualified; the number of disqualified drivers prosecuted for failing to submit a licence under section 29 (16) and (17) of the Road Traffic Act 2010; and if she will make a statement on the matter. [33970/16]
View answerThe Deputy will be aware that under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have had enquiries made with the Courts Service and the following tables set out the information sought.
Report 1
No. of prosecutions by District Court Area for disqualified drivers driving while disqualified for January to December 2015 and January to 30 September 2016.
N.B. Report displays the number of offences irrespective of the outcome, i.e. offence may not yet be disposed with.
|
- |
Jan – Dec 2015 |
Jan – 30 Sep 2016 |
|
Name |
No. of Offences |
No. of Offences |
|
ARDEE |
10 |
3 |
|
ARKLOW |
12 |
8 |
|
ATHLONE |
26 |
6 |
|
ATHY |
10 |
5 |
|
BALLINA |
6 |
3 |
|
BANDON |
22 |
8 |
|
BEAL AN MHUIRTHEAD |
3 |
|
|
BALLINASLOE |
15 |
5 |
|
BALLAGHADERREEN |
13 |
3 |
|
BALLYSHANNON |
2 |
3 |
|
BANTRY |
4 |
4 |
|
BRAY |
27 |
10 |
|
BUNCRANA |
4 |
1 |
|
CARLOW |
33 |
14 |
|
CASHEL |
24 |
13 |
|
CAVAN |
47 |
21 |
|
CASTLEBAR |
17 |
4 |
|
CLIFDEN |
6 |
5 |
|
CLONMEL |
17 |
10 |
|
CLONAKILTY |
5 |
3 |
|
CORK CITY |
136 |
67 |
|
CARRICK ON SHANNON |
7 |
6 |
|
CARRICKMACROSS |
16 |
7 |
|
CARNDONAGH |
3 |
4 |
|
CARRICK ON SUIR |
6 |
2 |
|
CASTLEREA |
4 |
1 |
|
DUBLIN METROPOLITAN DISTRICT |
667 |
348 |
|
DUNGARVAN |
5 |
1 |
|
DONEGAL |
2 |
1 |
|
DROGHEDA |
28 |
17 |
|
DOIRE AN FHEICH |
2 |
1 |
|
DUNDALK |
39 |
22 |
|
AN CLOCHAN LIATH |
1 |
|
|
ENNIS |
47 |
11 |
|
AN FAL CARRACH |
1 |
1 |
|
FERMOY |
17 |
6 |
|
GALWAY |
40 |
17 |
|
NA GLEANNTA |
2 |
|
|
GORT |
8 |
3 |
|
GOREY |
7 |
6 |
|
KELLS |
1 |
1 |
|
KENMARE |
1 |
1 |
|
KILLALOE |
5 |
2 |
|
KILCOCK |
30 |
17 |
|
KILKENNY |
40 |
12 |
|
KILLORGLIN |
5 |
3 |
|
KILRUSH |
9 |
2 |
|
KILLARNEY |
8 |
4 |
|
LETTERKENNY |
35 |
20 |
|
LIMERICK |
200 |
106 |
|
LISTOWEL |
7 |
4 |
|
LONGFORD |
29 |
8 |
|
LOUGHREA |
11 |
8 |
|
MACROOM |
9 |
6 |
|
MALLOW |
48 |
20 |
|
MANORHAMILTON |
1 |
|
|
MIDLETON |
8 |
4 |
|
MEATH |
17 |
14 |
|
MONAGHAN |
6 |
2 |
|
MULLINGAR |
41 |
9 |
|
NAAS |
86 |
40 |
|
NENAGH |
28 |
13 |
|
NEWCASTLE WEST |
45 |
14 |
|
NAVAN |
37 |
9 |
|
PORTLAOISE |
37 |
18 |
|
ROSCOMMON |
14 |
4 |
|
SKIBBEREEN |
8 |
4 |
|
SLIGO |
19 |
9 |
|
STROKESTOWN |
2 |
13 |
|
THURLES |
21 |
|
|
TIPPERARY |
14 |
8 |
|
TRALEE |
40 |
15 |
|
TRIM |
15 |
2 |
|
TUAM |
25 |
7 |
|
TUBBERCURRY |
2 |
2 |
|
TULLAMORE |
23 |
8 |
|
VIRGINIA |
26 |
10 |
|
WEXFORD |
12 |
4 |
|
WICKLOW |
24 |
14 |
|
WESTPORT |
5 |
1 |
|
WATERFORD CITY |
75 |
25 |
|
YOUGHAL |
3 |
3 |
|
Total |
2,413 |
1,116 |
Report 2
No. of drivers prosecuted by District Court Area who failed to submit a licence under Section 29(16) and (17) of the Road Traffic Act 2010
N.B. Report shows the number of persons irrespective of the outcome, i.e. offence may not yet be disposed with.
|
- |
Jan – Dec 2015 |
Jan – 30 Sep 2016 |
|
Name |
No. of Offences |
No. of Offences |
|
CORK |
0 |
1 |
|
DUBLIN METROPOLITAN DISTRICT |
3 |
5 |
|
FERMOY |
1 |
1 |
|
GALWAY |
2 |
0 |
|
LOUGHREA |
1 |
1 |
|
MULLINGAR |
1 |
1 |
|
PORTLAOISE |
0 |
1 |
|
TRALEE |
1 |
|
|
WICKLOW |
2 |
1 |
|
TOTAL |
10 |
12 |
64. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality the number of complaints against private investigators that have been submitted to the Private Security Authority since 1 November 2005 when the licensing of private investigators was introduced; the number of these complaints that have been upheld; the limits of inquiry of the PSA in relation to complaints against private investigators; and if she will consider a legislative review of the sale of spyphone software (details supplied) here. [33978/16]
View answerThe Private Security Authority (PSA), established under the Private Security Services Act 2004, as amended, is the regulatory body with responsibility for regulating and licensing the private security industry in the State. The Authority is an independent body under the aegis of my Department.
Section 39 of the aforementioned legislation provides for the making of complaints against a licensee and sets out the procedures to be followed by the PSA in investigating such complaints. In addition, the PSA also operates a system whereby a person can report a matter to the Authority who, if satisfied that the report is a matter of concern, will investigate it further.
Licensing of contractors working in the private investigator sector became mandatory from 1 November 2015. I am informed by the Authority that since the licensing of this particular sector commenced, the Authority has not received any complaints under Section 39 of the Act that pertain to private investigators. The PSA has however received 5 reports concerning private investigators. Of these reports, I am informed that 4 have been closed following the making of enquiries and one is still under investigation. Of those that have been closed, one related to a matter which did not fall within the remit of the PSA, one related to an entity which was no longer trading and two related to advertising. The reports relating to advertising were followed up on by the Authority and the issues raised were resolved.
The Deputy will appreciate that the sale of spyphone software does not come under the remit of the PSA or indeed my Department.
65. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if stamp 4 will be facilitated in the case of a person (details supplied); and if she will make a statement on the matter. [33988/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned entered the State on 5 February 2011 and was registered as a student on Stamp 2 conditions between 1 March 2011 and 30 September 2016.
On 5 October 2015, the person concerned made an application for permission to remain in the State on the basis of their parentage of an Irish citizen child. However, this application was refused on 16 September 2015 as the child in question was not the holder of an Irish passport.
In respect of the position in the State of the person concerned, I wish to draw the Deputy’s attention to the Student Pathway information leaflet which is currently available on the INIS web site. This notice clarifies the position in relation to a non-EEA student registered in Ireland prior to 1 January 2011. As well as the above document, a series of guideline notes outlining how the new immigration regime operates is available on the INIS web site, including information on maximum time limits for students who wish to study at Language Non Degree Level and Degree Level. In that regard, under the Student Pathway Scheme, the person concerned has the option of remaining in the State as a student if they fulfil the criteria that are specified on the web site. However, as they are on the Student Pathway, the person concerned is not eligible for permission to remain in the State under Stamp 4 conditions.
The person concerned also has the option of applying for a work permit. They can make an application for same to the Department of Jobs, Enterprise and Innovation. However, the Deputy should note that the criteria and procedures for applying for such a permit are matters for the Employment Permit Section of the Department of Jobs, Enterprise, and Innovation.
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.
66. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality her views on the practice of online betting companies using software to track persons' online betting habits to target them for marketing purposes in view of the fact some betting companies claim the software is an anti-fraud measure; and if she will make a statement on the matter. [33998/16]
View answer67. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality her plans to appoint a dedicated gambling regulator; and if she will make a statement on the matter. [33999/16]
View answerI propose to take Questions Nos. 66 and 67 together.
The Deputy will be aware that the General Scheme of the Gambling Control Bill was published in July 2013 following approval by the Government and is currently in drafting by the Office of the Parliamentary Counsel. The aim of the Bill is to update all existing laws on the regulation of gambling, including betting and gaming but excluding the National Lottery. It will provide for the licensing of all forms of on-line gambling.
The bill proposes to confer responsibility for all regulatory matters on the Minister for Justice and Equality. The Minister's functions as set out in the draft Scheme include licensing, inspections and prosecutions, and it is envisaged that these functions will be carried out by a body located within the Department of Justice and Equality. The General Scheme also provides for a dedicated inspectorate to ensure compliance by licence holders with the terms of their licences and with the new legislation generally.
The proposed legislation has consumer protection generally as one of its core principles, and it is envisaged that it will include several measures aimed at the protection of vulnerable persons, including children, from risks to their well-being arising from gambling. The Scheme includes measures that will require licence holders to act in a socially responsible way. These measures will include controls on advertising, promotions and sponsorship.
As regards progressing the proposed legislation, departmental officials are currently reviewing the Scheme published in 2013, taking account of intervening developments and technologies in the gaming sector. This review will help to update policy in this area. I am also considering whether some sections might be prioritised as they may require more immediate action rather than is possible with the longer, more detailed Bill. It is the intention that work on such early measures will continue in tandem with the wider review of the existing Scheme of a Bill to avoid any undue delay.
68. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the number of applications for certificates of personal fitness from remote operators and terrestrial bookmakers not ordinarily resident in the State made in the past five years in tabular form broken down by company name and year; the number of successful applicants and the number of those refused; and if she will make a statement on the matter. [34005/16]
View answer69. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the number of applications for certificates of personal fitness from remote operators and terrestrial bookmakers resident in the State made in the past seven years in tabular form broken down by company name and year; the number of successful applicants; the number of those refused; and if she will make a statement on the matter. [34006/16]
View answerI propose to take Questions Nos. 68 and 69 together.
I wish to advise the Deputy that the information requested by her, as held by my Department, is set out in the following tables.
The Deputy will be aware that the Betting (Amendment) Act 2015 brought remote betting operators within the licensing regime for the first time. Accordingly, details on applications from such operators are only available from 2015 to date.
In accordance with the Betting Act 1931, the Minister for Justice and Equality is responsible for issuing certificates of personal fitness (CPFs) to officers representing remote operators, in addition to issuing CPFs to terrestrial bookmakers not ordinarily resident in the State. Licences granted on foot of CPFs being issued are of two years duration following the enactment of the Betting (Amendment) Act 2015.
CPFs are independently issued to terrestrial bookmakers resident in the State by individual Superintendents of An Garda Síochána. The Minister for Justice and Equality does not have any role in relation to the assessment of applications for CPFs from such bookmakers. Accordingly, my Department does not have records of applications made by these operators.
Applications from Remote Operators 2015-2016
Applications were received from 133 individuals representing 67 companies as set out in the following table. There were no unsuccessful applications made.
|
Company |
|
Social Gaming Ventures |
|
Betfair |
|
Paddy Power |
|
WHG (International) William Hill |
|
Ladbrokes |
|
Bonne Terre (Sky Bet) |
|
Boylesports |
|
Nektan |
|
Rational Gaming Europe Limited |
|
Triplebet |
|
Hillside Sports |
|
Mangas Gaming Limited |
|
Annatar |
|
Runlastman.com |
|
888 Limited |
|
Gala Coral/Coral Interactive |
|
Beanbagsports |
|
Luxbet European Ltd |
|
Sporting Index Ltd |
|
Dedsert Limited |
|
Betfair |
|
Virtual Fusion (Alderney) limited |
|
Smarkets |
|
BetFred |
|
Betway Limited |
|
BET-AT-HOME.COM Limited |
|
Celton Manx Limited |
|
BetVictor |
|
SJU Limited |
|
Stanjames PLC |
|
Binary (Europe) Limited |
|
Racebets |
|
Mondagoal |
|
Sportsbetting |
|
bwin.party Limited |
|
Cosmo Gaming Company |
|
EveryMatrix Limited |
|
Ayondo Markets Limited |
|
Headlong Limited |
|
Interwetten Gaming Limited |
|
Asian BGE Limited |
|
Bruce Betting |
|
Tully Bookmakers |
|
JA Sportsbook Limited |
|
Star Racing |
|
Geofrey Banks |
|
Tukcorp |
|
Doublerquits |
|
Blue Star Planet Limited |
|
32 Red |
|
Starspreads Limited |
|
Tradeplayer |
|
EU Lotto Limited |
|
Fantasy Rugger Limited |
|
Danny Whitty |
|
BML Group Limited |
|
Racing International Agency Ltd |
|
Sportsfundraisinglimited |
|
Mr Green Gaming Limited |
|
Poniard |
|
Fay Racing |
|
HSB Sportbook Limited |
|
FantasyTote Limited |
|
MyLotto24 Limited |
|
Slango LLP |
|
LMATRIX |
|
Bar One Racing |
Applications for a certificate of personal fitness for out of state bookmakers for the year 2012 - 2016
Details of applications made from terrestrial bookmakers not resident in the State are set out in the following table. The Deputy should note that such applications are made in the individual's own name and that there are no companies involved in this process.
|
2015 - 2016 |
2014 |
2013 |
2012 |
|
Granted certificates: 48 Refused certificates: 4 |
Granted certificates : 51 Refused certificates: Nil |
Granted certificates: 54 Refused certificates: Nil |
Granted certificates: 48 Refused certificates: Nil |
