Written Answers Nos. 127-150
127. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality if she will review the decision to grant a person (details supplied) a one-year visa with a view to extending this term; and if she will make a statement on the matter. [39958/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for a right of residency, accompanied by a right to work, based on their parentage of an Irish citizen child. The application was received in the relevant section of the INIS on 15 September, 2015. The Deputy will appreciate that applications are considered on a case by case basis having regard to the particular individual circumstances, including, inter alia, information and supporting documentation setting out the role the applicant plays in the Irish citizen child's life.
Based on the information submitted, the application was refused on 22 December 2015. Leave to Remain was granted, however, for one year as an exceptional measure which was renewable and has been subsequently renewed up to 22 November, 2017.
The Deputy may wish to note that 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.
128. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of gardaí in each Garda division who have received advanced driving courses in each of the years 2014, 2015 and to date in 2016; and if she will make a statement on the matter. [39968/16]
View answerAs 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 the members and civilian staff of An Garda Síochána and I, as Minister, have no direct role in the matter.
I have requested the information sought from the Garda Commissioner and when it is to hand I will provide it to the Deputy.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
129. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the full cost of fitting an automatic number plate recognition system to all Garda vehicles; and if she will make a statement on the matter. [39969/16]
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 advised by the Garda authorities that the current cost of purchasing and installing an automatic number plate recognition (ANPR) system is some €6,000 per vehicle. Given that the Garda fleet comprises some 2,800 vehicles, the cost of fitting all Garda vehicles with ANPR would amount to some €16.8 million. The Deputy will appreciate that Garda vehicles are used for a range of purposes and not all Garda vehicles would require ANPR.
As the Deputy will be aware, the Garda Síochána Modernisation and Renewal Programme 2016-2021 envisages the expansion of the number of ANPR units and all units being 3G-enabled to provide Gardaí with real-time information. It also envisages that An Garda Síochána will examine the introduction of fixed ANPR sites at strategic locations across the road network.
130. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if she will report on the Garda Operation Clave; the number of persons arrested and charged to date; the number of successful convictions obtained to date; if she will report on Garda operation scales; the number of persons arrested and charged to date; the number of successful convictions obtained to date; and if she will make a statement on the matter. [39970/16]
View answerI have requested a report from the Garda authorities on the matter raised by the Deputy and I will be in contact again when that report is to hand.
The following deferred reply was received under Standing Order 42A:
I refer to Parliamentary Question No. 130 for answer on 13 December 2016, in which you requested a report on details of Garda Operations Clave and Scale.
As you may recall, I indicated that I would request a report from the Garda authorities on this matter and contact you again upon receipt of that report.
I have now been advised by the Garda authorities that An Garda Síochána's Operation Clave commenced in February 2016. The Operation is run by An Garda Síochána in the Kilkenny/Carlow Division in partnership with the Garda National Drugs and Organised Crime Bureau.
Operation Clave aims to combat the sale and supply of drugs in the Kilkenny/Carlow Division and has resulted to date in the arrest of 38 persons, with charges being preferred against 34 persons. These matters remain before the Courts.
I am further informed that An Garda Síochána's Operation Scale which is an ongoing co-ordinated crime prevention and crime reduction operation commenced in October 2015. The operation utilises high-visibility policing in a co-ordinated and structured way in order to disrupt the activities of organised criminal gangs who are suspected of being involved in serious crime in the Dundalk Garda District of An Garda Síochána's Louth Division.
As part of this initiative, An Garda Síochána is working closely with other State agencies in this jurisdiction and also with the Police Service of Northern Ireland (PSNI) to ensure that all facets of criminality are being targeted.
It is estimated that as a result of Operation Scale, as at the end of November 2016, assets valued in excess of €1 million and which are believed to be the proceeds of crime have been identified, targeted and seized by the Criminal Assets Bureau. Over 5,000 checkpoints had been conducted as part of the high-visibility roads policing initiative which is in place under the operation and almost €300,000 worth of drugs has been seized. In addition, property valued in excess of €65,000 has been recovered by An Garda Síochána, with four firearms and a quantity of ammunition also seized, to date.
As of 28 January 2017, Operation Scale has resulted in 147 arrests for offences including; burglary, public order, traffic-related and driving under the influence, theft-related and drug-related offences with 578 charges being preferred/summonses issued. Seventy four convictions have been recorded to date, with some incidents remaining under investigation and directions from the Law Officers awaited in others.
Garda authorities have advised that Operation Scale is continuing to have a significant impact on reducing crime, particularly burglaries, in the Dundalk and wider County Louth hinterland.
I trust that this is of assistance.
131. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality if she will report on the recruitment of immigration officers for the Irish Naturalisation and Immigration Service for Dublin Airport; the number of officers to be recruited; when she expects the recruitment process to be completed; and when she expects newly recruited staff to commence employment. [39985/16]
View answerThe process to civilianise border control functions at Dublin airport and the transfer of these responsibilities from An Garda Síochána to the Irish Naturalisation and Immigration Service (INIS) of my Department is well underway. The first phase of the project was completed at the end of June 2015, with civilian staff of INIS operating all passport controls in Terminal 1 on a 24/7 basis.
In order to ensure that my Department can sustain the staffing levels required to undertake immigration control functions and to move to a 24/7 civilian operation in Terminal 2 a recruitment competition for Immigration Control Officers has recently been completed by the Public Appointments Service (PAS). Arrangements for the first appointments from this panel are at an advanced stage with initial appointments expected to be made in Quarter 1 of 2017.
The deployment of civilian staff to carry out border functions at Dublin Airport is proving successful and I can assure the Deputy that I am committed to the continuing civilianisation of these functions at Dublin airport.
132. Deputy Brian Stanley asked the Tánaiste and Minister for Justice and Equality the number of new gardaí out of training who have been deployed in counties Laois and Kildare in the past year. [40026/16]
View answer133. Deputy Brian Stanley asked the Tánaiste and Minister for Justice and Equality when the next batch of Garda will come out of training; and the number that will be deployed to Garda stations in counties Laois and Kildare. [40027/16]
View answerI propose to take Questions Nos. 132 and 133 together.
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 assured by the Garda Commissioner that in regard to the deployment of 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.
Laois forms part of the Laois/Offaly Division. I am informed that the number of personnel assigned to that Division on the 31 October 2016, the latest date for which figures are readily available, was 294 members, 22 Garda Reserves and 22 civilians. I am further informed that the personnel assigned to the Kildare Division was 307 members, 22 Garda Reserves and 29 civilians. 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 including 29 to Laois/Offaly Division, and 35 to the Kildare Division.
In so far as the allocation of newly attest Gardaí next year is concerned, this is a matter for the Garda Commissioner and I, as Minister has no direct role in it. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and class-room based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required structures and resources in place, including Garda tutors.
134. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if leave to remain will be facilitated in the case of a person (details supplied); and if she will make a statement on the matter. [40034/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person originally arrived in the State on 23 December 2008 and registered as a student on 7 January 2009 and that their permission expired on 31 March 2015.
An application was received in this Department on 12 March 2015 and on 17 May 2016, this person was informed that their application was refused.
If this person chooses to leave the State voluntarily, then it would then be open to them to apply for a D reside visa from outside the State. At that point, any family circumstances would be taken into account along with any other reasons why they believe they should be granted permission to reside in Ireland. If this person were unsuccessful in the application for a D reside visa it would not affect their entitlement to apply for a visa in the future to re-enter this State or to enter any other State.
If there are any relevant exceptional circumstances which would justify granting this person permission to remain in the State, they will be taken into account if the Minister issues them with an intention to deport letter under Section 3 of the Immigration Act 1999 (as amended). If the Minister issues such a letter to this person, and if she decides to make a deportation order against them, please note that an Irish deportation order would have the effect of barring them from the State unless the order is subsequently revoked by the Minister. Such an order may also prevent this person from applying to reside in any of the other European Union Member States.
Please be informed that it is illegal 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 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As this person does not have current immigration permission they are not entitled to work.
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 Parliamentary Question 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.
135. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality if she will issue a temporary stamp 4 and an updated GNIB card to a person (details supplied) to allow them to continue to work while a review of their case is being carried out in view of the inadvertent miscommunication between the person and INIS. [40042/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was refused an application for a residence card, under the provisions of the European Communities (Free Movement of Persons) Regulations 2015, on 14 November, 2016.
A request by the applicant for a review of this decision was received on 07 December, 2016. The request for a review has been accepted for consideration, and the person concerned has been informed of this by letter of 9th December 2016. The person concerned has also been informed that they may obtain temporary permission to reside in the State while their review is under consideration. The EU Treaty Rights Review Unit will be in further contact with the person in question 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 the INIS by e-mail using 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.
136. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in determination of an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [40057/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation has been received from the person referred to by the Deputy. This application has entered the final stage of processing. A letter has issued to the person concerned requesting him to submit the prescribed certificate fee and other documents. When the fee and documentation have been received an invitation will be issued to attend a citizenship ceremony at which the person concerned will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive his certificate of naturalisation.
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.
137. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 175 of 12 July 2016, if she will provide information for the period requested in respect of all technology-related cybercrime affecting businesses here; the number of convictions; and if she will make a statement on the matter. [40071/16]
View answerI previously advised that the particular statistical information sought by the Deputy is not available from the CSO. However, to be of assistance to the Deputy, I have had further inquiries made but I am advised that it is not possible to provide the particular disaggregation of data within the relevant crime categories as sought by the Deputy.
138. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when she proposes to make an announcement on the reopening of Garda stations, including Cloughjordan Garda Station, County Tipperary. [40082/16]
View answerThe Deputy will appreciate that the Garda Commissioner is primarily responsible under statute for the effective and efficient use of the resources available to her. This includes responsibility for the formulation of proposals in relation to the opening and closing of Garda Stations, taking into account crime trends and policing priorities, so as to ensure that the best possible use is made of these resources. In this context, I understand that Cloughjordan Garda station is operating with limited opening hours.
Under the Programme for a Partnership Government, the Government is committed to launching a pilot scheme to reopen 6 Garda stations, both urban and rural, to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order.
I have requested the Garda Commissioner, while fully cognisant of her statutory functions, to identify for reopening 6 stations that were closed under the Garda Síochána District and Station Rationalisation Programme.
I am informed that work is ongoing in An Garda Síochána in this regard and that consultations have taken place with relevant stakeholders including, I understand, the Policing Authority.
It is intended that the results of the pilot scheme will feed into the wider review being overseen by the Authority into, amongst other things, the dispersal of Garda stations in rural areas. In this regard, I understand that the Authority has formally requested the Garda Síochána Inspectorate to examine the dispersal and use of resources available to the Garda Síochána in the delivery of policing services to local communities and to make recommendations to provide a more effective, visible and responsive policing service.
139. Deputy Joan Collins asked the Tánaiste and Minister for Justice and Equality the number of asylum seekers who requested permission to leave the State temporarily under section 9(4)(a) of the Refugee Act 1996 since 2011, in tabular form; the gender of these persons; the country that these persons travelled to; and the reasons permission to leave the State temporarily was granted or refused. [40084/16]
View answerAs a general rule applicants seeking international protection are not permitted to leave the State without the consent of the Minister.
On rare occasions such permission has been sought and I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that requests are dealt with on an individual and exceptional basis and that statistics for such requests are not captured automatically. It would not be possible to collate the information requested by the Deputy without diverting very significant resources away from processing applications which remains the priority.
140. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the numbers assigned to each Garda divisional drugs unit here for each of the years 2008 to 2015 and to date, in 2016; and if she will make a statement on the matter. [40105/16]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Units and I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.
I have been informed by the Garda Commissioner that as of the 31 October 2016, the latest date for which figures are readily available, there were 237 members assigned to the Garda Divisional Drugs Units.
It is important to note that all Gardaí have a responsibility in the prevention and detection of criminal activity whether it be in the area of drug offences or otherwise. I can assure the Deputy that An Garda Síochána continues to pro-actively and resolutely tackle all forms of drug crime in this jurisdiction. The Garda National Drugs and Organised Crime Bureau leads out the policing strategy for tackling drugs supply. This approach allows for the co-ordinated use of Garda resources in tackling all forms of organised crime, including illicit drug activity nationwide.
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.
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 Garda drug law enforcement activities and all other Garda activities will undoubtedly benefit from these resources coming on stream.
For the Deputy's information the table sets out the number of Garda members assigned to Divisional Drugs Units as of 31 December for the years in question, and as of 31 October, in the case of this year.
The Deputy may wish to note that there has been some restructuring of Garda Divisions within An Garda Síochána within the time period requested and that this is reflected in the tables.
|
Garda Divisional Drugs Unit Strength 2008 - 2016 |
|||||||||
|
Division |
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
|
D.M.R.South Central |
22 |
18 |
19 |
16 |
13 |
11 |
19 |
19 |
11 |
|
D.M.R.North Central |
15 |
16 |
15 |
18 |
20 |
13 |
20 |
20 |
19 |
|
D.M.R.North |
25 |
31 |
34 |
32 |
31 |
27 |
16 |
25 |
22 |
|
D.M.R.East |
10 |
9 |
13 |
15 |
13 |
13 |
10 |
10 |
9 |
|
D.M.R.South |
28 |
26 |
30 |
31 |
30 |
23 |
17 |
16 |
17 |
|
D.M.R.West |
32 |
35 |
36 |
35 |
28 |
26 |
24 |
26 |
21 |
|
*Waterford / Kilkenny |
15 |
- |
- |
- |
- |
- |
- |
- |
- |
|
Waterford |
- |
12 |
12 |
10 |
10 |
9 |
5 |
5 |
5 |
|
Wexford |
13 |
12 |
12 |
11 |
6 |
4 |
1 |
6 |
6 |
|
Kilkenny/Carlow |
- |
8 |
11 |
8 |
7 |
7 |
5 |
7 |
4 |
|
Tipperary |
14 |
10 |
10 |
9 |
8 |
7 |
7 |
8 |
9 |
|
Cork City |
26 |
25 |
27 |
24 |
26 |
29 |
28 |
15 |
14 |
|
Cork North |
8 |
8 |
9 |
7 |
9 |
9 |
5 |
5 |
5 |
|
Cork West |
6 |
5 |
6 |
7 |
5 |
4 |
3 |
4 |
4 |
|
Kerry |
11 |
11 |
10 |
10 |
6 |
8 |
10 |
9 |
7 |
|
Limerick |
14 |
19 |
22 |
20 |
12 |
11 |
12 |
14 |
11 |
|
Donegal |
8 |
10 |
8 |
12 |
10 |
10 |
8 |
7 |
7 |
|
Cavan/Monaghan |
11 |
10 |
11 |
8 |
5 |
0 |
0 |
0 |
0 |
|
Sligo/Leitrim |
8 |
8 |
2 |
7 |
8 |
6 |
8 |
7 |
6 |
|
Louth |
8 |
6 |
7 |
6 |
7 |
6 |
6 |
6 |
6 |
|
Clare |
6 |
8 |
9 |
9 |
7 |
6 |
7 |
5 |
5 |
|
Mayo |
6 |
6 |
7 |
5 |
5 |
5 |
5 |
5 |
5 |
|
Galway |
8 |
13 |
12 |
12 |
11 |
12 |
8 |
12 |
10 |
|
*Roscommon / Galway East |
3 |
- |
- |
- |
- |
- |
- |
- |
- |
|
*Longford / Westmeath |
12 |
- |
- |
- |
- |
- |
- |
- |
- |
|
Roscommon/Longford |
- |
8 |
7 |
7 |
6 |
7 |
6 |
6 |
6 |
|
Westmeath |
- |
7 |
9 |
9 |
7 |
7 |
6 |
5 |
7 |
|
Meath |
3 |
10 |
10 |
7 |
6 |
4 |
4 |
5 |
5 |
|
*Carlow / Kildare |
8 |
- |
- |
- |
- |
- |
- |
- |
- |
|
Kildare |
- |
5 |
6 |
7 |
2 |
2 |
6 |
7 |
8 |
|
Laois/Offaly |
10 |
10 |
13 |
6 |
3 |
0 |
3 |
0 |
3 |
|
Wicklow |
11 |
11 |
11 |
11 |
3 |
4 |
4 |
4 |
5 |
|
Total |
341 |
357 |
378 |
359 |
304 |
270 |
253 |
258 |
237 |
* These Garda Divisions were restructured in with in the period 2008-2016
141. Deputy Michael Moynihan asked the Tánaiste and Minister for Justice and Equality the name and number of Bills in preparation in her Department and published by her Department since May 2016; the Stage each Bill is at in the Houses of the Oireachtas; the number of Bills from her Department signed into law; and if she will make a statement on the matter. [40139/16]
View answerLast year was an extremely productive year on the legislative front with 17 Bills enacted – the highest number in my Department’s history. Since the formation of the Partnership Government in May of this year, my Department has published and progressed a number of important pieces of legislation. The following Bills were published and signed into law in the period concerned:
- Proceeds of Crime (Amendment) Act 2016
- Commission of Investigation (Irish Bank Resolution Corporation) Act 2016
- Paternity Leave and Benefit Act 2016
The following Bills have been published since May and are making their way through the Houses:
|
Bill |
Stage in Houses of the Oireachtas |
|
Criminal Justice (Suspended Sentences of Imprisonment) Bill 2016 |
Completed all Stages in Seanad Éireann. Awaiting Second Stage in Dáil Éireann. |
|
Bail Bill 2016 |
Awaiting Second Stage in Dáil Éireann. |
|
Courts Bill 2016 |
Awaiting Report Stage in Dail Éireann. |
I should also make reference to two other pieces of legislation that were previously published but which remain active. The Criminal Law (Sexual Offences) Bill 2015 has completed Committee Stage in Dáil Éireann and the Criminal Justice (Offences Relating to Information Systems) Bill 2016 is awaiting Second Stage in that House. The Criminal Justice (Victims of Crime) Bill, the Civil Liability (Amendment) Bill, the Disability/Equality (Miscellaneous Provisions) Bill, the Domestic Violence Bill and the general scheme of the Independent Reporting Commission Bill will be published imminently. Over 40 pieces of legislation, at various stages of preparation in my Department and drafting in the Office of the Parliamentary Counsel, are listed in the Government's Legislative Programme.
142. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the steps being taken to ensure the PRSA is in a position to fully meet its statutory requirements in view of the fact that by its own admission it was unable to do so over the past years; and if she will make a statement on the matter. [40144/16]
View answerThe Property Services Regulatory Authority (PSRA) was formally established on 3 April 2012, pursuant to the Property Services (Regulation) Act, 2011. One of the main statutory functions of the PSRA is the licensing of Property Service Providers, i.e. auctioneers, letting agents and property management agents. The Authority is independent in the performance of its functions.
The PSRA experienced some resource challenges in recent years, in common with other public service bodies, as a result of the moratorium on public service recruitment. During 2016, the Authority was assigned some additional staff and also availed of external resources in order to get its inspection functions fully operational. My Department, in consultation with the Authority, is committed to providing the appropriate and necessary resources to the PSRA into the future, either directly or on a contracted basis, having regard to pressures on public service staff numbers and competing demands.
143. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will review an appeal in the case of a person (details supplied) with a view to taking account of all the circumstances in an effort to ensure a fair resolution and accept this Parliamentary Question as a basis for appeal; and if she will make a statement on the matter. [40168/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, if the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act 1996, as amended which provides for the protection of the identity of protection applicants.
144. Deputy Willie Penrose asked the Tánaiste and Minister for Justice and Equality the income eligibility criteria which is applicable to a person who wishes to apply for legal aid pursuant to the civil legal aid scheme; and if she will make a statement on the matter. [40190/16]
View answerThe Legal Aid Board provides civil legal aid and advice under the Civil Legal Aid Act 1995. Section 29 of the 1995 Act provides that a person shall not qualify for legal aid or advice unless he or she satisfies the requirements in respect of financial eligibility specified in the Act and in regulations made under the Act.
The eligibility criteria are applicable to the vast majority of applicants that apply for civil legal aid under the Civil Legal Aid Act 1995. There are a handful of matters for which there are no financial eligibility criteria and these include:
- Legal advice to a complainant in a prosecution for rape and certain other sexual offences
- Legal advice to an alleged victim of human trafficking
- Legal aid where the State is obliged to provide legal aid under an international instrument
- Legal aid for an Applicant in child abduction and foreign maintenance proceedings who is referred by the respective Central Authority
- Legal aid to a complainant in a prosecution for rape and certain other sexual offences for the purposes of an application under section 4A of the Criminal Law (Rape) Act 1981
- Legal services provided as part of Abhaile, the Government’s Mortgage Arrears Resolution Service, to a person who satisfies the criteria for admission to that scheme.
- Conveyancing (for which legal services are only provided where legal aid has already been provided to the person in relation to a connected matter)
For all other matters the financial eligibility criteria is provided for under the Civil Legal Aid Regulations 1996 to 2016 and in particular Regulations 13 to 21 of same. These provide that a person whose disposable income exceeds €18,000 shall not be financially eligible for legal services. A person’s disposable income is calculated by reference to their gross income less certain deductions prescribed in the Regulations. In calculating a person’s gross income certain social welfare payments, namely Child Benefit, Carer’s Benefit, Carer’s Allowance, Domiciliary Care Allowance, Foster Care Allowance and Guardians Payment will not be taken into account. A disregard of €20 per week will be applied to income received from a child of the applicant residing with the applicant.
The deductions which will be made from gross income in order to calculate disposable income are:
- A deduction of €3,500 in respect of the applicant’s spouse or partner; or alternatively a deduction of up to €3,500 of maintenance payments made for the benefit of the Applicant’s (former) spouse, in respect of an applicant who is separated or divorced;
- A deduction of €1,600 for each of the applicant’s dependent children; or alternatively a deduction of up to €1,600 per child in respect of maintenance payments made for the benefit of children of the applicant who do not live with the applicant;
- Deductions equivalent to the amount of all of the applicant’s Income Tax, PRSI, and USC payments for the next twelve months;
- A deduction of up to €8,000 equivalent to the applicant’s annual payments towards their mortgage or rent;
- A deduction of up to €6,000 per child for the applicant’s childcare expenses, where the applicant is working;
- A deduction equivalent to all of the applicant’s Public Service Pension Related Deduction payments for the next twelve months, in respect of an applicant employed in the Civil or Public Service or who is otherwise required under the provisions of the Financial Emergency Measures in the Public Interest Act 2009 to pay PRD.
In certain circumstances the Board will aggregate the applicant’s spouse/partner’s income with that of the applicant. It should be noted that such circumstances are rare and in practice are applied only where the Board deems the spouses to have a common interest in the outcome of the proceedings. In this regard it should be noted that over 80% of the cases taken on by the Board are in the area of family law.
The Board has a policy role in relation to the provision of civil legal aid and periodically it brings proposals to my Department in relation to the financial eligibility and other criteria in relation to civil legal aid. I understand that the Legal Aid Board are to consider making proposals in relation to revising the financial eligibility criteria for civil legal aid early in 2017.
145. Deputy Marc MacSharry asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the fact that an independent engineers report has condemned the existing Garda station in Sligo town. [40198/16]
View answer146. Deputy Marc MacSharry asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the fact that on arrest prisoners in County Sligo must be taken to the south County Sligo Garda station of Ballymote as the prisoner facilities in Sligo town have been condemned. [40199/16]
View answerI propose to take Questions Nos. 145 and 146 together.
The Deputy will appreciate that the Office of Public Works has the primary responsibility for the provision and maintenance of Garda accommodation and works closely with the Garda authorities in this regard.
I am aware that a number of significant fire, health and safety issues were identified at Sligo Garda station and I am assured that local Garda management and the Office of Public Works are working closely to address these issues. I understand that specific functions carried out at Sligo Garda Station are to be relocated to external accommodation to allow for a reconfiguration of the station to meet the needs of front line operational personnel and to address the health and safety concerns. In this context, I am informed that An Garda Síochána and OPW are working closely to settle the requirements for the external accommodation that has been sourced.
An Garda Síochána and the OPW are also working closely to identify how the existing Garda Station at Sligo should be reconfigured and I am informed that this reconfiguration will require refurbishment works in areas such as the public office, custody management facilities and welfare facilities for the station party. It is obviously important that the custody facilities meet standards that ensure the proper treatment of persons in custody.
In addition, a number of short term measures to address and improve the accommodation situation at the station have taken place this year, including works to fully refurbish toilets and to replace the kitchen with an industrial standard facility.
While steps are being taken to address the particular issues that have arisen in relation to the existing station, the Deputy will be aware that, in the longer term, a new station is to be built in Sligo as part of the Garda Síochána's Building and Refurbishment Programme 2016 – 2021.
147. Deputy Marc MacSharry asked the Tánaiste and Minister for Justice and Equality if she will provide all examples of entire units that have been recentralised to Dublin from within her Department; her Department's rationale for such moves; and if Cabinet approval was sought and given in each case. [40480/16]
View answerAs the Deputy will be aware, the decentralisation programme was initiated in 2003 and a number of areas of my Department were regionalised as part of that programme. None of these units have since been recentralised in their entirety back to Dublin. In November 2014, the Equality Authority merged with the Irish Human Rights Commission to form the Irish Human Rights and Equality Commission. At the time of the merger, staff of the Equality Authority were based in both Dublin and Roscrea. Upon the merger of the two organisations, the 12 staff based in Roscrea were re-assigned to undertake other functions of the Department. The 14 staff based in Dublin were transferred to the new Irish Human Rights and Equality Commission which is based in Dublin.
148. Deputy Gerry Adams asked the Minister for Finance if his attention has been drawn to any changes to the public opening hours or services provided in the Revenue Commissioners' offices, Millennium Centre, Dundalk; and if he will make a statement on the matter. [40007/16]
View answerI am advised by Revenue that no changes have been made to the public opening hours at their offices in the Millennium Centre, Dundalk.
An additional facility is now available for the benefit of customers whereby a specific appointment can be made in advance of attending the office. This will eliminate any time delays for customers in queueing especially at busy periods.
149. Deputy Paul Kehoe asked the Minister for Finance the rationale behind refusing the rental income tax relief for the owner of lands to their sibling or spouse’s sibling once a bona fide lease exists and rent is agreed at the current market value; his plans to alter this exemption in order that if all conditions are adhered to, apart from the relationship point, this relief could be made available; and if he will make a statement on the matter. [39387/16]
View answerSection 664 of the Taxes Consolidation Act 1997 provides relief from income tax for certain income from the long-term leasing of agricultural land. The relief is available, subject to a maximum limit, where farm land is leased to a qualifying lessee for a period of 5 years or more. In order to qualify for the purpose of the relief, the lessee must not be connected with the lessor or with any of the lessors if there is more than one. The rules for establishing whether or not persons are connected are laid down by section 10 of the Taxes Consolidation Act 1997. Effectively this means that a lessor is not entitled to relief where the land is let to family members or family members of their spouse or civil partner.
The restriction on the availability of the relief in relation to leases to closely connected relatives is a standard anti-avoidance measure without which the relief would be potentially open to abuse, for example with the passing back to the lessee of rent on which tax relief had been claimed. This would not arise on transactions made at arm's length.
I would also point out that there are reliefs from stamp duty and capital acquisitions tax available in the case of permanent transfers of land between family members, such as by gift or sale. I also introduced succession farm partnerships in Finance Act 2015, which will be commenced in early 2017, to assist succession planning and the transfer of farms between family members.
150. Deputy Barry Cowen asked the Minister for Finance the percentage of total available development land in which NAMA has a financial interest in each of the ten strategic development zones. [39439/16]
View answerAs the Deputy will be aware, NAMA does not directly own or manage properties. NAMA has acquired loans and its role is that of a lender with claims over security for its loans, like a bank, rather than a property owner or lessor. In that capacity, NAMA holds security over properties that are owned by its debtors or, in the case of enforcement, which are managed on behalf of those debtors by duly appointed insolvency practitioners.
I am advised that, through its debtors and receivers, NAMA has an interest in lands in five of the 10 Strategic Development Zones, as set out in the table.
In particular, the Deputy will be aware of the significant office and commercial development that is being carried out in the Grand Canal and North Lotts (Dublin Docklands) SDZ, where NAMA currently holds an interest in 63% of the developable land area of 22 hectares. A key NAMA objective is to facilitate the delivery of Grade A office accommodation in the Dublin Docklands SDZ. NAMA expect that this will deliver up to 4m sq. ft. of office space and 2,000 apartments, which I am sure will prove hugely attractive to Foreign Direct Investment (FDI) and domestic businesses. I am advised that, to date, construction has commenced on over a third of the lands controlled by NAMA debtors or receivers, with planning permission granted on a further 22%.
In addition, the Deputy will be aware that in May 2016, the Minister for Housing, Planning, Community and Local Government, Deputy Simon Coveney TD, designated 34 acres of land in the Poolbeg peninsula as an SDZ. Currently Dublin City Council is in the process of preparing a Planning Scheme for the Poolbeg SDZ which will ultimately be submitted for approval to the elected members of Dublin City Council. The Poolbeg SDZ is expected to have the potential to deliver up to 3,000 homes, along with commercial and retail development. However, this will be dependent on the provision of essential infrastructure to improve access links to the area. NAMA, through its receivers, has an interest in 15 hectares of land within the Poolbeg SDZ.
The table summarises the position:
|
SDZ |
% of total developable land (by volume) within each SDZ in which NAMA has an interest |
|
Cherrywood |
3.2% |
|
Clonburris |
12% |
|
Poolbeg West |
44% |
|
Hansfield |
9% |
|
North Lotts and Grand Canal Dock |
63% |
