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Wednesday, 23 Nov 2016

Written Answers Nos. 55 - 76

Middle East Issues

Questions (55)

Maureen O'Sullivan

Question:

55. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade his views on the calls on Israel for an immediate moratorium on demolitions and confiscations; if he will request compensation for confiscated or demolished EU assets in area C of the West Bank; and his views on whether the European External Action Service should publish and disseminate the biannual report of the EU representative in Jerusalem, EUREP, on demolitions and confiscations of EU member state funded structures. [36124/16]

View answer

Written answers

Ireland has consistently called for an immediate moratorium on demolitions and confiscations by Israel of Palestinian structures. Such actions, including the destruction and removal of houses and infrastructure for water and power, are an ongoing issue and a matter of serious concern. I have been vocal in condemning demolitions and confiscations and have also done so in conjunction with our EU partners in Brussels.

In Conclusions on the Middle East Peace Process earlier this year, the EU Foreign Affairs Council reiterated its “strong opposition” to actions taken in the context of Israel’s settlement policy, including demolitions and confiscations.

The issue of asking for compensation for confiscated or demolished EU assets in Area C of the West Bank is a matter that is currently under discussion at EU level. Ireland has argued for a stronger response to demolitions and confiscations and, in my view, the EU should request compensation in such instances. However, not all EU partners are of the same mind. Agreement on this point has not been reached, but I will continue to advocate for compensation.

Regarding the publication of the report by the EU Delegation to the West Bank and Gaza on demolitions and confiscations of EU-funded structures in Area C, the standard assumption is that such reports are not published and they are prepared on this basis. I have no objection to this specific report being published, if agreed with EU partners. However, there is information on demolitions and confiscations available through other sources.

Departmental Correspondence

Questions (56)

Ruth Coppinger

Question:

56. Deputy Ruth Coppinger asked the Minister for Foreign Affairs and Trade if his Department has made contact with the President-elect of the United States, Mr. Donald Trump; if he will report on any concerns he may have regarding his foreign policy; and if he will make a statement on the matter. [36323/16]

View answer

Written answers

The Taoiseach spoke with the President-Elect during the night of Wednesday, November 9th. The President-Elect extended an invitation to both the Taoiseach to visit the White House this coming St. Patrick’s Day, as is customary.

Despite the limited duration of the call, the Taoiseach was able to raise issues of Irish interest, including Immigration Reform. The Taoiseach also had an encouraging telephone conversation with Vice-President Elect Pence on 19 November where the plight of undocumented Irish citizens in the US was also raised and discussed.

I look forward to having an opportunity to having substantive discussions with the incoming Administration on common areas of interest between Ireland and the United States. These would include economic ties, on-going developments in the Peace Process, Immigration Reform and a range of international issues of mutual interest and concern.

The new Administration in the US assumes office on 20 January, 2017 and nominations to senior posts, including in the area of foreign policy, are still in the process of being considered and announced. During the course of the transition period, the Government will avail of all opportunities for contacts with members of the incoming Administration to sensitise them to our interests and concerns.

We will also continue to maintain close and constructive co-operation with the Administration of President Obama, with whom we have worked constructively over his two terms in office.

Question No. 57 answered with Question No. 40.

British-Irish Co-operation

Questions (58, 59)

Brendan Howlin

Question:

58. Deputy Brendan Howlin asked the Minister for Foreign Affairs and Trade the Government's position on the ownership of Lough Foyle due to the ongoing claim of the British Crown Estate; and if this has been raised recently with the British Government. [36325/16]

View answer

Brendan Howlin

Question:

59. Deputy Brendan Howlin asked the Minister for Foreign Affairs and Trade if his Department has considered the long outstanding questions concerning territorial ownership and demarcation of the Border between the Republic of Ireland and Northern Ireland. [36326/16]

View answer

Written answers

I propose to take Questions Nos. 58 and 59 together.

I reject the UK government’s assertion of jurisdiction over the whole of Lough Foyle, a claim which has never been accepted by any Irish Government.

Uncertainty concerning the extent to which each side exercises jurisdiction within Lough Foyle has created practical difficulties for the conduct of a number of activities there. This has included difficulty in creating a system for licencing of aquaculture by the Loughs Agency in accordance with the intentions of the two Governments under the 1999 agreement establishing the North/South implementation bodies. I want to see the Loughs Agency working to its full potential which is in the interests of everyone on this island.

Following discussions in 2011 between the then Minister for Foreign Affairs and Trade and the British Foreign Secretary, both Governments agreed to seek to address and resolve jurisdictional issues relating to both Lough Foyle and Carlingford Lough.

Since that time a series of meetings have taken place at official level between the Foreign and Commonwealth Office and the Department of Foreign Affairs and Trade. The issues involved are complex and involve a range of different actors, including the Crown Estates. These discussions are continuing and the next meeting is scheduled for early next month. The Irish Government is committed to reaching a successful conclusion to these talks.

Cabinet Committee Meetings

Questions (60)

Gerry Adams

Question:

60. Deputy Gerry Adams asked the Taoiseach the number of meetings of the Cabinet committee on regional and rural affairs that have been held since the formation of the Government. [36341/16]

View answer

Written answers

The Cabinet Committee on Regional and Rural Affairs has met on three occasions; 27 June, 22 September, 7 November and is due to meet again on 12 December, 2016.

Northern Ireland

Questions (61)

Gerry Adams

Question:

61. Deputy Gerry Adams asked the Taoiseach if it is planned to hold any plenary or sectoral meetings of the all-island civic dialogue in Northern Ireland. [36339/16]

View answer

Written answers

As indicated at the end of the initial Civic Dialogue event on 2 November in Royal Hospital Kilmainham, a series of civic dialogue events on a sectoral basis are to take place.

The Government agreed on 16 November that the following All Island Sectoral Dialogues are to take place in the coming months: 

- Agrifood

- Education & research

- Child protection and rights

- SME Issues

- Tourism & hospitality

- Energy

- Welfare rights & mobility

- Transport & logistics

These events will be led by the relevant Minister(s) and will take place in a variety of locations across the country. None of the events organised to date are scheduled to be held in NI. This list above is not exhaustive - further events and consultations will continue to be organised as are needed. 

A second plenary of the All-Island Civic Dialogue will take place in the New Year. This plenary will build on the sectoral discussions that will have taken place by then.

Departmental Bodies

Questions (62)

Gerry Adams

Question:

62. Deputy Gerry Adams asked the Taoiseach if he will report on the meeting of the National Economic and Social Council held on 17 November 2016. [36340/16]

View answer

Written answers

Following expiry of its five year term, a meeting of the outgoing members of the National Economic and Social Council was convened by the Secretary General of my Department on 17 November. The purpose was to seek views and suggestions on the future role and work programme of a Council.

I understand a good discussion took place on the work of the Council to date, views on the best working arrangements for the Council and its future work programme in a changing policy landscape. These are now a key part of considerations for the arrangements for a new Council.

Visa Applications

Questions (63)

Michael Healy-Rae

Question:

63. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the status of an application for a visa in respect of a person (details supplied); and if she will make a statement on the matter. [36394/16]

View answer

Written answers

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned entered the State on 6 June 2008 and was registered as a student on Stamp 2 conditions between 10 July 2008 and 22 August 2015.

On 10 February 2014, the person concerned made an application for a change in their immigration status from Stamp 2 to Stamp 4 permission to remain in the State. They were informed on 5 February 2015 that their application had been refused as they were subject to the Student Pathway and thus had no entitlement to Stamp 4 permission to remain in the State.

In this respect, I wish to draw the Deputy’s attention to the Student Pathway information leaflet which is available on the INIS website. This notice clarifies the position in relation to non-EEA students 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 website, including information on maximum time limits for students who wish to study at Language Non-Degree Level and Degree Level.

On 21 November 2016, the person concerned made an application for an extension of their student permission to remain in the State. This application has been received in the Residence Division of INIS and will be considered in due course.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Parental Leave

Questions (64)

Brendan Smith

Question:

64. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality if the same criteria pertain for persons in the private and public sector that wish to avail of parental leave; and if she will make a statement on the matter. [36564/16]

View answer

Written answers

As the Deputy will be aware, the Paternity Leave and Benefit Act 2016 creates a statutory entitlement to two weeks' paternity leave. This is a minimum entitlement and it is open to employers and employees in any particular employment or sector of the economy to agree a higher leave allowance. I have no ministerial responsibility for such agreements or for employment conditions in the public and private sectors generally.

Judicial Pay

Questions (65)

Clare Daly

Question:

65. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if she is satisfied with the level of oversight by her Department regarding the operation of the system of setting and auditing expenses of judges by the Courts Service; and if she will make a statement on the matter. [36363/16]

View answer

Written answers

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions. In order to be of assistance to the Deputy, I had inquiries made and the Courts Service informed me that all claims for travel and subsistence by judges are validated by the Courts Service and paid in accordance with rates sanctioned by the Department of Public Expenditure and Reform and are in compliance with Department of Public Expenditure and Reform regulations.

These regulations set out fixed rates payable to judges for mileage and subsistence where judges are required to travel in the performance of their official duties. Expenses claimed which are not covered by these fixed rates should be vouched, for example, expenses incurred in the use of public transport and car parking. All judicial travel and subsistence claims are checked and validated by the Courts Service prior to payment authorisation. This process ensures that claims comply with all relevant regulations and that the amounts claimed are correct.

The Courts Service have advised that the validation system ensures that the highest possible standards of accuracy and compliance with regulations are applied in the processing and payment of claims for judicial expenses. The Courts Service has further advised that travel and subsistence expenses claims are vouched, where required by regulations, and are subject to audit.

Garda Station Refurbishment

Questions (66)

Aindrias Moynihan

Question:

66. Deputy Aindrias Moynihan asked the Tánaiste and Minister for Justice and Equality when the construction of the new Garda station in Macroom, County Cork, will commence; and if she will make a statement on the matter. [36448/16]

View answer

Written 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 responsibility for the provision and maintenance of Garda accommodation. This includes identifying and progressing any necessary remedial or refurbishment works required at individual stations.

As the Deputy will be aware, the proposed development of a new Garda Station at Macroom is among the projects included in the Garda Building and Refurbishment Programme 2016-2021, which I announced on 21 October 2015 with my colleague the Minister of State at the Office of Public Works.

Human Trafficking

Questions (67)

Marc MacSharry

Question:

67. Deputy Marc MacSharry asked the Tánaiste and Minister for Justice and Equality the action being taken to combat human trafficking in the north west of Ireland which, in view of its proximity to the Border, has the highest rate of human trafficking per capita here; and if she will make a statement on the matter. [36454/16]

View answer

Written answers

I have requested the information sought from the Garda authorities and I will forward it to the Deputy in due course as soon as the information is to hand.

The following deferred reply was received under Standing Order 42A

As you will recall, the requested information could not be obtained in the time available, and I undertook to contact you again as soon as material was received from the Garda authorities.

In November 2015 the British and Irish governments and the Northern Ireland Executive agreed a series of measures in A Fresh Start, the Stormont Agreement and Implementation Plan. One of these measures was the creation of a Joint Agency Task Force (JATF) as part of “a concerted and enhanced effort to tackle organised and cross jurisdictional crime.”

The Joint Agency Task Force provides an opportunity to enhance efforts to tackle cross-border organised crime and to facilitate the investigation and prosecution of those involved in it, including of course in relation to the North West of Ireland and the border area more generally. The establishment of the Joint Agency Task Force has provided an opportunity to step up and intensify that co-operation at both the strategic and operational levels.

The Joint Agency Task Force is led by the police and revenue services and is jointly chaired at a very senior level by a Deputy Commissioner of An Garda Síochána and an Assistant Chief Constable of the PSNI, which facilitates the provision of strong strategic direction and oversight to the front-line operational aspect of tackling criminal activity which has a cross-jurisdictional dimension.

Along with representatives from both relevant police and revenue services, the Joint Agency Task Force involves input from other agencies, including the Criminal Assets Bureau and the UK National Crime Agency, ensuring an expert-focus on targeting and seizing the assets of those involved in organised crime.

Following the establishment of the Joint Agency Task Force Strategic Oversight Group, a Cross Border Strategic Assessment was prepared and completed, with input from the multi-agency partners, to review the extent and impact of organised crime. Based on an agreed strategic assessment and prioritising against threat, harm and risk, it was recommended that consideration be given to adopting six priorities for the Joint Agency Task Force. In this regard, the following six (6) priority areas have been formally ratified by the Strategic Oversight Group and will be subject of review:

(i) Rural Crime

(ii) Child Sexual Exploitation;

(iii) Human Trafficking;

(iv) Financial Crime;

(v) Excise Fraud;

(vi) Drugs.

Since the establishment of the Joint Agency Task Force the relevant law enforcement authorities have engaged in initiatives such as a number of cross-border Days of Action, involving the planned searching of targeted premises and the pursuit of persons suspected to be involved in the criminality associated with human trafficking, for both sexual and labour exploitation.

In early October 2016 a multi-agency operation was undertaken by personnel from An Garda Síochána, the Revenue Investigations Unit, the Workplace Relations Commission Inspectorate, the Irish Navy and the Sea Fisheries Protection Authority during which 41 vessels in the ports of Howth, Co. Dublin and Castletownbere, Co. Cork, and offshore were the subject of inspections, led by the Workplace Relations Commission Inspectorate, utilising powers granted under section 27, Workplace Relations Act, 2015.

Members of An Garda Síochána, from the Human Trafficking Investigation and Coordination Unit and the Garda National Protective Services Bureau accompanied the Inspectorate staff and assisted, as Authorised Officers under the Act.

Also, during an anti-slavery week in October 2016, the PSNI and An Garda Síochána took part in a joint multi-agency operation at Belfast International, Belfast City and Dublin Airports. This was an initiative

involving action designed to identify potential victims of human trafficking upon arrival in Ireland and Northern Ireland, who may have been trafficked for the purpose of sexual exploitation.

An Garda Síochána aims to achieve best practice in its victim-centred approach to combating human-trafficking. For this purpose, An Garda Síochána delivers a variety of specialised anti-human trafficking training to Garda personnel, together with officials from other government agencies, to create an awareness of the indicators of potential victims of human-trafficking, for both sexual and labour exploitation.

Training programmes have been developed and delivered by the Human Trafficking Investigation and Co-Ordination Unit (HTICU), under the auspices of the Garda National Protective Services Bureau (GNPSB), with the assistance provided by the International Organisation for Migration (IOM), representatives of which also provide various modules of the training programme.

Representatives from non-governmental organisations and civil society, including Migrant Rights Centre of Ireland (MRCI), Ruhama, the Immigrant Council of Ireland (ICI), along with representatives from relevant State Agencies, such as the National Employment Rights Authority (NERA), Health Service Executive (HSE) and the Department of Justice & Equality, contribute to the three-day training programme delivered at the Garda Síochána College at Templemore.

The resources afforded to tackling human-trafficking in the north-west, and elsewhere within this jurisdiction, are supplemented by the resources assigned to the Human Trafficking Investigation and Co-Ordination Unit (HTICU), under the auspices of the Garda National Protective Services Bureau (GNPSB). The HTICU provides expert assistance, guidance and support to Senior Investigating Officers (SIO), in all Garda Divisions/Districts, assigned to human trafficking cases throughout Ireland.

I hope this information is of assistance.

Human Trafficking

Questions (68)

Marc MacSharry

Question:

68. Deputy Marc MacSharry asked the Tánaiste and Minister for Justice and Equality the financial support avenues that are open to organisations (details supplied) in carrying out their mission to educate society as to the degrees of human trafficking and, in particular, to raise awareness of the warning signs that may help identify instances of human trafficking; and if she will make a statement on the matter. [36455/16]

View answer

Written answers

The Government recognises that human trafficking is a violation of human rights and is committed to doing everything in its power to prevent this despicable crime, punish the perpetrators and protect the victims. I also recognise the crucial role played by civil society in responding to this issue. Partnership between the State and civil society will continue to be central to our approach to tackling this heinous crime and supporting its victims.

The Second National Action Plan to Prevent and Combat Human Trafficking in Ireland was published last month and contained in the Plan are commitments that my Department will continue to actively engage with Non-governmental Organisations (NGOs) for the purpose of awareness-raising and project development.

While my Department funds a number of NGOs that provide front line services to victims, it does not supply mainstream funding for awareness-raising and training.

However, in addition to the mainstream funding directed towards services to victims, funding for NGOs is also provided through the Dormant Accounts Funding Scheme (DAF). The DAF Scheme provides that dormant funds and unclaimed life assurance policies may be disbursed for the purposes of assisting the personal, social and educational development of economically, socially or educationally disadvantaged persons as well as persons with a disability. This initiative provides additional support to non-governmental actors in this field who are recognised as being well placed to develop new and innovative on the ground interventions which otherwise would not be undertaken and which will greatly assist this disadvantaged group.

In 2015, the Anti-Human Trafficking Unit of my Department oversaw the disbursement of €99,225 to NGOs under this Scheme on projects that aimed to address the social, economic and educational disadvantages of victims of trafficking and persons/groups at risk of human trafficking. Disbursement of funds under the 2016 Dormant Accounts Action plan is currently underway.

The Anti-Human Trafficking Unit will be applying to the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs, for funding under the 2017 Dormant Accounts Action Plan and, subject to such an application being successful, will invite NGOs working in the sector to make an application for funding for projects that are innovative and additional to current measures addressing the needs of victims of human trafficking or persons vulnerable to human trafficking. Details for such application processes will be circulated through various channels, including through my Department's Roundtable Forum on Human Trafficking which is attended by NGOs including the organisation referred to by the Deputy.

My Department is also committed to examining the possibility of developing projects with international partners aimed at awareness-raising and training on aspects of trafficking in human beings. This examination could result in applications to the EU for funding for projects in collaboration with EU partners and civil society and other relevant international organisations.

Human Trafficking

Questions (69)

Marc MacSharry

Question:

69. Deputy Marc MacSharry asked the Tánaiste and Minister for Justice and Equality the additional financial supports and resources to deal with the issue of human trafficking that have been or will be provided to An Garda Síochána, particularly in the north west; and if she will make a statement on the matter. [36456/16]

View answer

Written answers

I have requested the information sought from the Garda authorities and I will forward it to the Deputy in due course as soon as the information is to hand.

The following deferred reply was received under Standing Order 42A

As you will recall, the requested information could not be obtained in the time available, and I undertook to contact you again as soon as material was received from the Garda authorities.

In November 2015 the British and Irish governments and the Northern Ireland Executive agreed a series of measures in A Fresh Start, the Stormont Agreement and Implementation Plan. One of these measures was the creation of a Joint Agency Task Force (JATF) as part of “a concerted and enhanced effort to tackle organised and cross jurisdictional crime.”

The Joint Agency Task Force provides an opportunity to enhance efforts to tackle cross-border organised crime and to facilitate the investigation and prosecution of those involved in it, including of course in relation to the North West of Ireland and the border area more generally. The establishment of the Joint Agency Task Force has provided an opportunity to step up and intensify that co-operation at both the strategic and operational levels.

The Joint Agency Task Force is led by the police and revenue services and is jointly chaired at a very senior level by a Deputy Commissioner of An Garda Síochána and an Assistant Chief Constable of the PSNI, which facilitates the provision of strong strategic direction and oversight to the front-line operational aspect of tackling criminal activity which has a cross-jurisdictional dimension.

Along with representatives from both relevant police and revenue services, the Joint Agency Task Force involves input from other agencies, including the Criminal Assets Bureau and the UK National Crime Agency, ensuring an expert-focus on targeting and seizing the assets of those involved in organised crime.

Following the establishment of the Joint Agency Task Force Strategic Oversight Group, a Cross Border Strategic Assessment was prepared and completed, with input from the multi-agency partners, to review the extent and impact of organised crime. Based on an agreed strategic assessment and prioritising against threat, harm and risk, it was recommended that consideration be given to adopting six priorities for the Joint Agency Task Force. In this regard, the following six (6) priority areas have been formally ratified by the Strategic Oversight Group and will be subject of review:

(i) Rural Crime

(ii) Child Sexual Exploitation;

(iii) Human Trafficking;

(iv) Financial Crime;

(v) Excise Fraud;

(vi) Drugs.

Since the establishment of the Joint Agency Task Force the relevant law enforcement authorities have engaged in initiatives such as a number of cross-border Days of Action, involving the planned searching of targeted premises and the pursuit of persons suspected to be involved in the criminality associated with human trafficking, for both sexual and labour exploitation.

In early October 2016 a multi-agency operation was undertaken by personnel from An Garda Síochána, the Revenue Investigations Unit, the Workplace Relations Commission Inspectorate, the Irish Navy and the Sea Fisheries Protection Authority during which 41 vessels in the ports of Howth, Co. Dublin and Castletownbere, Co. Cork, and offshore were the subject of inspections, led by the Workplace Relations Commission Inspectorate, utilising powers granted under section 27, Workplace Relations Act, 2015.

Members of An Garda Síochána, from the Human Trafficking Investigation and Coordination Unit and the Garda National Protective Services Bureau accompanied the Inspectorate staff and assisted, as Authorised Officers under the Act.

Also, during an anti-slavery week in October 2016, the PSNI and An Garda Síochána took part in a joint multi-agency operation at Belfast International, Belfast City and Dublin Airports. This was an initiative

involving action designed to identify potential victims of human trafficking upon arrival in Ireland and Northern Ireland, who may have been trafficked for the purpose of sexual exploitation.

An Garda Síochána aims to achieve best practice in its victim-centred approach to combating human-trafficking. For this purpose, An Garda Síochána delivers a variety of specialised anti-human trafficking training to Garda personnel, together with officials from other government agencies, to create an awareness of the indicators of potential victims of human-trafficking, for both sexual and labour exploitation.

Training programmes have been developed and delivered by the Human Trafficking Investigation and Co-Ordination Unit (HTICU), under the auspices of the Garda National Protective Services Bureau (GNPSB), with the assistance provided by the International Organisation for Migration (IOM), representatives of which also provide various modules of the training programme.

Representatives from non-governmental organisations and civil society, including Migrant Rights Centre of Ireland (MRCI), Ruhama, the Immigrant Council of Ireland (ICI), along with representatives from relevant State Agencies, such as the National Employment Rights Authority (NERA), Health Service Executive (HSE) and the Department of Justice & Equality, contribute to the three-day training programme delivered at the Garda Síochána College at Templemore.

The resources afforded to tackling human-trafficking in the north-west, and elsewhere within this jurisdiction, are supplemented by the resources assigned to the Human Trafficking Investigation and Co-Ordination Unit (HTICU), under the auspices of the Garda National Protective Services Bureau (GNPSB). The HTICU provides expert assistance, guidance and support to Senior Investigating Officers (SIO), in all Garda Divisions/Districts, assigned to human trafficking cases throughout Ireland.

I hope this information is of assistance.

Legislative Programme

Questions (70)

Marc MacSharry

Question:

70. Deputy Marc MacSharry asked the Tánaiste and Minister for Justice and Equality when it is proposed to enact legislation to criminalise the purchase of sex services from victims of sex trafficking; and if she will make a statement on the matter. [36457/16]

View answer

Written answers

The Criminal Law (Sexual Offences) Bill 2015 includes two new offences of purchasing, in the context of prostitution, sexual services.

The first is a general offence of purchasing sexual services which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of purchasing a sexual service from a trafficked person and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not be subject to an offence.

The Bill has completed passage through Seanad Éireann and is awaiting Committee stage in Dáil Éireann.

Family Reunification Applications

Questions (71)

Clare Daly

Question:

71. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality when a decision will be made on the application by a person (details supplied). [36478/16]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for family reunification in respect of the person concerned was referred to the Office of the Refugee Applications Commissioner (ORAC) for investigation as required under Section 18 of the Refugee Act, 1996 (as amended). The report of the ORAC investigation has recently been received in this case and is being processed by the Family Reunification Section of INIS. Once a report is received from ORAC it takes on average six months to finalise the application. In the interest of fairness to all applicants, applications received are dealt with in chronological order.

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.

Garda Data

Questions (72)

Charlie McConalogue

Question:

72. Deputy Charlie McConalogue asked the Tánaiste and Minister for Justice and Equality the number of Garda stations and the number of Gardaí in each in County Donegal as of 31 October 2016. [36503/16]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner 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. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

I am informed by the Garda Commissioner that 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 Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.

I am further informed that the Garda strength of the Donegal Division, on 31 October 2016, the latest date for which figures are readily available, was 384. There are also 22 Garda Reserves and 31 civilians attached to the 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 Garda National Drugs and Organise 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. To make this a reality for all, the Government has in place a plan to achieve 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. This is an ambitious target and will require a continuous pipeline of suitable candidates. I am pleased to say that the recruitment campaign launched by the Public Appointments Service on behalf of the Commissioner last September, the second campaign this year, again received a strong response.

I am informed by the Garda Commissioner that since the reopening of the Garda College, 679 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide and that 14 of these probationer Garda have been assigned to the Donegal Division.

The following table sets out the number of Garda stations and number of Garda assigned to the Donegal Division on 31 October 2016.

DONEGAL DIVISION Garda Strength 31 OCTOBER 2016

BALLYSHANNON

AN CHARRAIG

1

ARD AN RÁTHA

2

BALLINTRA

1

BALLYSHANNON

38

BUNDORAN

7

DONEGAL TOWN

25

MOUNTCHARLES

1

NA CEALLA BEAGA

6

NA GLEANNTA

12

PETTIGO

1

TOTAL

94

BUNCRANA

BUNCRANA

46

BURNFOOT

5

CARNDONAGH

8

CLONMANY

1

MOVILLE

5

MUFF

3

TOTAL

68

LETTERKENNY

BALLYBOFEY

24

CARRIGANS

3

CASTLEFIN

4

CONVOY

1

LETTERKENNY

106

LIFFORD

14

NEWTOWNCUNNINGHAM

2

RAPHOE

2

TOTAL

156

MILFORD

AN BUN BEAG

15

AN CLOCHÁN LIATH

7

AN CRAOSLACH

1

AN FÁL CARRACH

8

CARRAIG AIRT

2

DÚN FIONNACHAID

2

KERRYKEEL

2

KILMACRENNAN

1

MILFORD

26

RAMELTON

1

RATHMULLEN

1

TOTAL

66

DONEGAL TOTAL

35 Garda Stations

384

Garda Reports

Questions (73)

Robert Troy

Question:

73. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality the timeframe for the review currently being undertaken in the traffic corps; when it commenced and will be completed; the terms of reference for the review; and the reason there are no permanent placements into the traffic corps until such time as the review is completed. [36513/16]

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Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Regions, Divisions and Districts, and I as Minister, have no direct role in the matter. I am assured by the Commissioner that Garda personnel assigned throughout the country, together with the overall policing arrangements and operational strategies are continually monitored and reviewed. Such monitoring ensures that optimum use is made of resources and the best possible policing service is provided to the general public. I am advised by the Commissioner that as of 30 September 2016, the latest date which figures are readily available, the strength of the Traffic Corps stood at 688 members.

I have also been advised by the Garda Commissioner that the Assistant Commissioner for Roads Policing and Major Event/Emergency Management has carried out a review of the current Garda Traffic Corps strength and that this is currently being examined by Garda management in the context of An Garda Síochána’s Modernisation and Renewal Programme 2016-2021 which sets key strategic objectives for Roads Policing and will inform and guide An Garda Síochána’s road policing plans over the next 5 years.

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. No doubt the Traffic Corps, like all Divisions and policing activities will benefit from this accelerated recruitment which is complemented by substantial investment in resources across the board for An Garda Síochána.

In so far as road traffic enforcement is concerned generally, An Garda Síochána's Roads Policing Operations Plan 2016 incorporates a programme of high visibility road safety and enforcement operations, carried out in partnership with other state agencies, and is being implemented by each Regional Traffic Superintendent. The focus of the Plan is on the most vulnerable road user categories of motor cyclists, pedal cyclists, pedestrians and learner permit holders. Garda operations specifically target road use behaviour known to contribute significantly to collisions, including speeding, driving while intoxicated, and use of a mobile phone.

Road traffic legislation is also enforced as part of the day to day duties of members of An Garda Síochána. Both targeted and general methods of enforcement have a valuable role to play in An Garda Síochána's enforcement programme, which targets locations with a view to preventing the commission of offences, detecting errant motorists, changing their behaviour and ultimately reducing death and injuries on our roads.

I have requested the specific information sought by the Deputy from the Garda Commissioner and I will forward this information directly to the Deputy when it is to hand.

The following deferred reply was received under Standing Order 42A

I refer to Parliamentary Question No. 73 for answer on Wednesday 23 November 2016 the text of which was as follows:-

"To ask the Tánaiste and Minister for Justice and Equality the timeframe for the review currently being undertaken into the traffic corps; when it commenced; when it will be completed; the terms of reference for the review; and the reason there are no permanent placements into the traffic corps until such time as the review is completed."

At the time I responded that I would request information from the Garda Commissioner on the specific query raised by the Deputy and that I would write to the Deputy on receipt of same.

As I advised in my reply I have been informed by the Garda Commissioner that a review, under Assistant Commissioner Roads Policing and Major Event/Emergency Management, of the current strength of Garda Traffic Corps has been completed and is being examined under the Garda Modernisation and Renewal Programme.

I am further informed that the terms of reference of the review included: to build on the significant progress that has already been made in respect of reducing the number of fatalities on Irish roads; to incorporate an examination of best practice within other European Countries with a view to strengthening and redeveloping the Traffic Corps; and to merge road safety and crime prevention and detection on the roads.

I am advised that appointments to the Traffic Corps Units nationwide will be conducted on a structured basis, throughout the Modernisation & Renewal Programme of An Garda Síochána (2016-2021) which provides that the Traffic Corps will be strengthened and redeveloped to merge road safety, crime prevention and detection on the roads. Such increases will be incremental and consequential to additional human resources becoming available. As reported in my reply it is the Garda Commissioner who is responsible for the distribution of resources among the various Garda Regions, Divisions and Districts, and I as Minister, have no direct role in the matter.

As roads policing is the duty of every Garda member, this duty is not reserved for Garda members of the Traffic Corps. Similarly, members of the Traffic Corps are required to engage in the core activity of An Garda Síochána concerning the prevention and detection of crime.

I hope this information is of assistance.

Citizenship Applications

Questions (74)

Aengus Ó Snodaigh

Question:

74. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice and Equality if she will ensure that a person (details supplied) will be granted citizenship in view of the fact they have been here nearly 14 years. [36582/16]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing and will be submitted to me for decision as expeditiously as possible.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Tax Collection

Questions (75)

Michael McGrath

Question:

75. Deputy Michael McGrath asked the Minister for Finance if he will address a taxation query (details supplied). [36437/16]

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Written answers

It is understood the matter referred to by the Deputy concerns a redress scheme for customers of a financial institution relating to access to tracker mortgages.  Before determining the tax consequences on this matter the Revenue Commissioners have advised me that they would need to examine the detailed documentation. However, it is also understood that should a tax liability attach to any element of the redress scheme, the tax liability will be discharged by the relevant financial institution.

Mortgage Debt

Questions (76)

Pearse Doherty

Question:

76. Deputy Pearse Doherty asked the Minister for Finance if lifetime mortgages are classified as housing loans for the purposes of the Credit Consumer Act; and if he will make a statement on the matter. [36438/16]

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Written answers

Section 2 of the Consumer Credit Act 1995 (as amended) defines a "housing loan" and it includes "an agreement for the provision of credit to a person on the security of a mortgage of a freehold or leasehold estate or an interest in land on which a house is constructed where the house is to be used, or to continue to be used, as the principal residence of the person or the person's dependents".  While the interpretation of legislation is ultimately a matter for the Courts, it is considered that a "lifetime mortgage", which is a loan that is secured on the borrower's home, falls within that definition.

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