Thursday, 1 Dec 2016

Written Answers Nos. 104-116

Health Services Funding

Questions (104)

Mick Wallace

Question:

104. Deputy Mick Wallace asked the Minister for Health further to Question No. 61 of 18 October 2016, and in view of County Wexford's high suicide rate, if he will consider expediting the introduction of the peer-to-peer support worker positions in acute care in Wexford and Waterford mental health services, which have already been advertised in the three remaining CH05 counties of Carlow, Kilkenny and south Tipperary; and if he will make a statement on the matter. [37774/16]

Written answers

Minister of State at the Department of Health

As this is a service issue, this question has been referred to the HSE for direct reply.

Legislative Reviews

Questions (105)

Clare Daly

Question:

105. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if she has conducted a review of the operation of the Multi-Unit Developments Act 2011; and her plans to introduce amending legislation to address issues identified since its enactment. [38092/16]

Written answers

Tánaiste and Minister for Justice and Equality

The position is that the Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs). These are companies registered under the Companies Act, the members of which are the owners of residential units within the development, which are established for the purposes of ownership and management of such areas. The 2011 Act contains provisions relating to matters such as:

- the transfer of common areas to the OMCs (sections 4 and 5);

- voting rights of members of OMCs (sections 14 and 15);

- the provision of annual reports by OMCs to members (section 17);

- arrangements for the holding of annual meetings to approve annual service charges (section 18);

- establishment of a sinking fund to cover refurbishment outlays (section 19);

- arrangements for the making of House Rules (section 23); and

- establishment of a court-based dispute resolution process (section 24).

The Act also contains provisions which encourage the resolution of disputes that may arise between parties by means of mediation rather than recourse to court proceedings.

While I have no plans at present to conduct a formal review of the Act, I can assure the Deputy that the operation of the Act is being kept under review in my Department.

Road Traffic Offences

Questions (106)

Maureen O'Sullivan

Question:

106. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality the number of cyclists who received fixed penalty notices for offences contrary to road traffic laws; and if she will make a statement on the matter. [38088/16]

Written answers

Tánaiste and Minister for Justice and Equality

The Road Traffic (Fixed Charge Offences — Cyclists) Regulations 2015 (S.I. No. 331 of 2015) provide for the issuing of Fixed Charge Notices (FCNs) to cyclists who commit any of the offences (for the purposes of section 103 of the Road Traffic Act 1961, as amended) listed hereunder. The number of FCNs issued in respect of each offence listed for the period 1 January 2016 to 29 November 2016 is contained in the following table:

Offences	Number of FCNs issued*
A cyclist riding a pedal cycle without reasonable consideration	106
No front lamp or rear lamp light lit up during lighting-up hours	113
A cyclist failing to stop for a School Warden sign	2
Cycling in pedestrianised street or area	34
A cyclist proceeding past traffic lights when the red lamp is illuminated	273
A cyclist proceeding past cycle traffic lights when red lamp is lit	8
A cyclist going past a stop line, barrier or half barrier at a railway level crossing, swing bridge or lifting bridge, when the red lamps are flashing	0

*As at 29 November 2016. Figures are provisional, operational and subject to change.

The total number of FCNs issued to cyclists in respect of the above offences listed is 536.

Road Safety

Questions (107)

Michael Healy-Rae

Question:

107. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied) regarding road safety; and if she will make a statement on the matter. [38116/16]

Written answers

Tánaiste and Minister for Justice and Equality

The Deputy is referring to matters that were previously the subject of a Parliamentary Question answered by my colleague the Minister for Transport, Tourism and Sport. Based on the answer provided by my colleague the Deputy is seeking my views on why the high standards of investigation by a Garda forensic collision team might not be acceptable to local authorities and their insurers. However, I must inform the Deputy that I have no responsibility for these particular matters.

I can inform the Deputy, nevertheless, that the particular case he refers to was the subject of a complaint considered under the Independent Review Mechanism (IRM). The complaint was made by the parents of one of the persons tragically killed in a road traffic collision. They were advised of the outcome of the review of their complaint in a letter that issued to them on 26 April, 2016. I must point out, however, that aspects of the complaint which concerned the role of the local authority and the Road Infrastructure Safety Management Directive were outside the scope of the IRM. As the Deputy is aware responsibility for that Directive is a matter for my colleague the Minister for Transport, Tourism and Sport.

Legal Services Regulation

Questions (108)

Clare Daly

Question:

108. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Question No. 155 of 18 October 2016, the action she is taking in regard to a matter (details supplied); and the likely timeframe for the completion of any investigations being undertaken. [38158/16]

Written answers

Tánaiste and Minister for Justice and Equality

I am assuming the matter raised by the Deputy on this occasion is that covered by my Written Reply to Question No. 155 of 18 October 2016.

As I set out in my Written Reply to the Deputy's Question of that date, I requested officials of my Department to write to the body concerned to formally confirm the position. In a letter of reply, dated 14 October 2016, which was received from the Director of the body concerned, it has been formally confirmed that the body in question is satisfied that the internal procedures in respect of its nominations to the Legal Services Regulatory Authority were followed.

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

Property Registration

Questions (109)

Paul Kehoe

Question:

109. Deputy Paul Kehoe asked the Tánaiste and Minister for Justice and Equality when a case (details supplied) with the Land Registry will be finalised; and if she will make a statement on the matter. [38159/16]

Written answers

Tánaiste and Minister for Justice and Equality

I can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions. The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round.

I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Garda Strength

Questions (110)

Jim O'Callaghan

Question:

110. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the most recent figures for the number of community gardaí in each Garda division in tabular form. [38162/16]

Written answers

Tánaiste and Minister for Justice and Equality

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.

For the Deputy's information I have set out below in tabular form the allocation of Community Gardaí by Division as of 31 October 2016, the latest date for which figures are readily available from the Garda Commissioner.

The Commissioner has advised that it is the case that all Gardaí have a role to play in addressing community policing issues as and when the need arises. In that sense, community policing involves far more than a single unit within An Garda Síochána. Community policing is at the heart of An Garda Síochána. It provides a means of recognising that every community – both urban and rural – has its own concerns and expectations. In this regard I welcome the strong emphasis placed by the Commissioner's Modernisation and Renewal Programme 2016-2021 on further developing and supporting the community policing ethos of the organisation so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security. Proposed initiatives include the establishment of local Community Policing Teams (CPTs) headed by an Inspector and made up of Gardaí from across a range of areas to proactively work with the community to prevent and detect crime; and the establishment of Community Safety Fora in every District comprising local Gardaí, local communities and key stakeholders.

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. It is expected that Community Policing and all other Garda activities, will undoubtedly benefit from these resources now coming on stream.

Community Gardaí 31 Oct 2016

DIVISION	TOTAL
DMR South Central	33
DMR North Central	107
DMR NORTH	53
DMR EAST	30
DMR SOUTH	38
DMR WEST	56
Waterford	42
Wexford	8
Tipperary	71
Kilkenny/Carlow	88
Cork City	26
Cork North	8
Cork West	6
Kerry	7
Limerick	43
Donegal	21
Cavan/Monaghan	4
Sligo/Leitrim	8
Louth	14
Clare	6
Mayo	3
Galway	15
Roscommon/Longford	8
Westmeath	9
Meath	10
Kildare	0
Laois/Offaly	9
Wicklow	15
Total	738

Garda Strength

Questions (111)

Shane Cassells

Question:

111. Deputy Shane Cassells asked the Tánaiste and Minister for Justice and Equality the number of Garda stations and the number of gardaí in each in County Meath as of 31 October 2016. [38163/16]

Written answers

Tánaiste and Minister for Justice and Equality

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 Meath Division, on the 31 October 2016, the latest date for which figures are readily available, was 289. There are also 20 Garda Reserves and 27 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.

For the Deputy's information I have set out below in tabular form the number of Garda stations and number of Gardaí assigned to the Meath Division on 31 October 2016, the latest date for which figures are readily available from the Commissioner.

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 including 23 to the Meath Division.

MEATH DIVISION 31 OCTOBER 2016

-	Stations	No. of Gardaí
ASHBOURNE	ASHBOURNE	47
	DULEEK	5
	DUNBOYNE	16
	DUNSHAUGHLIN	17
	LAYTOWN	20
	TOTAL	105
KELLS	BAILE ÁTHA BUÍ	5
	KELLS	37
	OLDCASTLE	4
	TOTAL	46
NAVAN	NAVAN	87
	NOBBER	3
	SLANE	4
	TOTAL	94
TRIM	BALLIVOR	2
	DUNBOYNE	1
	ENFIELD	3
	LONGWOOD	2
	SUMMERHILL	2
	TRIM	34
	TOTAL	44
MEATH TOTAL	17 STATIONS	289

Garda Strength

Questions (112, 113)

Jim O'Callaghan

Question:

112. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of gardaí in each division who have received tactical awareness training in tabular form. [38172/16]

Jim O'Callaghan

Question:

113. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of gardaí in each division who have received firearm awareness training in tabular form. [38173/16]

Written answers

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 112 and 113 together.

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including by arranging for the training of its members and civilian staff and I, as Minister, have no direct role in the matter.

I have requested the information sought by the Deputy from the Commissioner and I will write to the Deputy on receipt of same.

The following deferred reply was received under Standing Order 42A

I refer to Parliamentary Questions No. 112 and No. 113 for answer on Thursday 1st, December, 2016.

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

I am advised by the Commissioner that the information requested on the number of Gardaí in each division who have received firearm awareness training or tactical awareness training is deemed to be operationally sensitive and cannot be disclosed for security reasons.

I am further advised by the Commissioner that members of the RSU (Armed Regional Support Unit) receive tactical training in order that they can respond to and provide a tactical response to crisis incidents. In 2015, 215 members of An Garda Síochána received tactical refresher training and, as of the 8th December 2016, the latest date for which figures are readily available, 28 members had received tactical refresher training.

The disparity in figures between 2015 and 2016 was due to the requirement to provide tactical and firearms training to the new established Armed Support Unit in the DMR Region which reduced the capability of the Firearms Training Unit to provide refresher tactical training in 2016.

I have also been advised that since January 2007, each Garda member who is authorised to carry firearms on duty is required to attend two live fire refresher firearms courses and one judgemental firearms training course each year. Judgemental firearms training involves and requires detailed analysis of the law pertaining to the use of force, with particular reference to the European Convention on Human Rights. Each Divisional Officer has oversight of firearms training in their respective Divisions.

The Firearms Training Unit has responsibility for providing firearms related training to members of An Garda Síochána. Basic Firearms courses are offered to Divisions based on their operational requirements. Members attending for refresher will be assessed on Range Safety, Weapon Safety and accuracy.

Regional Support Unit members receive training throughout the calendar year in firearms, less lethal options (e.g. Taser, Beanbag, Distraction Device) and Tactical training.

Members of specialist sections, such as the Emergency Response Unit (ERU), perform additional and more frequent firearms and other tactical training,

due to the nature of the duties they perform.

I hope this information is of assistance.

Garda Strength

Questions (114)

Jim O'Callaghan

Question:

114. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the most recent figures for the number of appointed detectives in each division in tabular form. [38175/16]

Written answers

Tánaiste and Minister for Justice and Equality

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 the Detective strength in each Garda Division on 31 October 2016, the latest date for which figures are readily available, was as set out in the following table.

An Garda Síochána Detective Strengths 31 Oct 2016

DIVISION	2016
DMR SOUTH CENTRAL	37
DMR SOUTHERN	41
DMR NORTHERN	37
DMR WEST	44
DMR NORTH CENTRAL	34
DMR EAST	21
WICKLOW	15
LOUTH	26
MEATH	14
WESTMEATH	19
LEIX/OFFALY	25
KILDARE	23
WEXFORD	20
WATERFORD	25
KILKENNY/CARLOW	20
TIPPERARY	19
CORK CITY	81
CORK NORTH	15
CORK WEST	17
KERRY	27
LIMERICK	54
CLARE	35
GALWAY	43
ROSCOMMON/LONGFORD	14
MAYO	17
SLIGO/LEITRIM	20
DONEGAL	32
CAVAN/MONAGHAN	29
TOTAL:	804

Immigration Status

Questions (115)

Bernard Durkan

Question:

115. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will facilitate an application for permission to remain here in the case of persons (details supplied); and if she will make a statement on the matter. [38189/16]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned has not submitted written representations.

The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. If any representations are submitted, they will be considered before a final decision is made.

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

Residency Permits

Questions (116)

Bernard Durkan

Question:

116. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will facilitate regularisation of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [38190/16]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned entered the State on 5th February 2008 and never registered after being landed at the port of entry.

I wish to advise the Deputy, however, that the Residence Division of INIS does not currently have any application in respect of this person before them. It appears that the person concerned does not, therefore, have permission to remain in the State, and they should be aware that it is illegal for them under the Immigration Act 2004 to reside in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under section 13 of the Immigration Act of 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As the person in question does not have immigration permission to remain in the State, they are not entitled to work. Against this background, the person concerned should attend their local Garda National Immigration Bureau Office as soon as may be.

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