Written Answers Nos 61-89
61. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality the measures and resources she has put in place for any increased reporting of domestic violence following the What Would You Do? awareness campaign; and if she will make a statement on the matter. [40443/16]
View answerI have secured an additional increase in funding of €250,000 in Budget 2017 for services to victims of crime - an increase of 17% on the 2016 amount. This funding which is administered by the Victims of Crime office of my Department, is allocated to organisations working with victims. A significant part of the monies allocated relate to court accompaniment - including for victims of domestic violence. Decisions on that funding for 2017 are currently being finalised.
Under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. I understand that the Courts Service is developing plans for a dedicated and integrated Family Law and Children’s Court building on a site at Church Street and Hammond Lane, adjacent to the Four Courts. I have been informed that to alleviate pressure in the short and medium term, the Courts Service has reorganised sittings in Dublin to support more family law courts. Since the start of October, the three courtrooms at the courthouse in Chancery Street have been sitting daily to hear childcare matters. The five courtrooms in Dolphin House have been available to hear private family law matters since 3 October 2016 and in the intervening period the President of the District Court has assigned judges to sit in all five courts, when they are available. The net impact of this is that waiting times have been brought back for all courts users, including those people applying for protection and barring orders, and it has been possible to get a date 3 weeks in advance for such hearings.
I am informed by An Garda Síochána, in preparation for and in support of the campaign Divisional and District Officers and all Inspectors responsible for monitoring domestic abuse calls were briefed. Instructions regarding the campaign and the response to it have been published on the Garda Portal (their internal computer system) for all members. The Garda National Protective Services Bureau is actively involved in the campaign and is monitoring An Garda Síochána response.
The primary funders of the domestic violence victim services and refuges is Tusla, the Child and Family Agency. The national budget for domestic and sexual violence services increased in 2016 to €20.6m and is being further increased in 2017 arising from the provision of increased overall funding of €37m to Tusla. The precise level of increase in funding to the domestic and sexual violence sector will be set out by Tusla in its 2017 Business Plan, which is expected to be completed later this month.
62. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the status of the operation of the Policing Authority and the full implementation of its power with regard to appointments to An Garda Síochána; and her plans to increase the powers of the authority. [40424/16]
View answerThe Deputy will be aware that the Policing Authority is an independent statutory body established on 1 January 2016 to oversee the performance of the Garda Síochána in relation to policing services, to promote public awareness of policing matters and to promote and support the continuous improvements in policing in Ireland. The statutory basis and functions of the Authority are derived from the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 which amended the Garda Síochána Act 2005.
The Authority has powers to:
- Hold the Gardaí to account, with senior Garda management reporting to the Authority, including via public meetings;
- Determine Garda priorities in relation to policing services;
- Nominate persons for appointment by the Government to the posts of Garda Commissioner and Deputy Garda Commissioner;
- Appoint persons to the ranks of Garda Superintendent, Chief Superintendent and Assistant Commissioner (and remove them for reasons related to policing services);
- Appoint persons to senior positions within the Garda civilian staff.
Since its inception, the Policing Authority has been focussing, as a matter of priority, on its functions which have statutory deadlines and reform significance. I am aware that the Policing Authority has met on several occasions with the Commissioner and her senior team, as a follow up on its consideration of the O’Higgins Report and related matters . A number of these meetings have been held in public to reassure the community about the performance of the Garda Síochána. Areas that have been highlighted in the discussions include:
- Implementation of the Modernisation and Renewal Programme within An Garda Síochána;
- Review of the Garda Protected Disclosure policy;
- Plans to conduct a culture audit within An Garda Síochána;
- Corporate governance arrangements and management structures within An Garda Síochána; and
- Arrangements for training and the professional development of members.
In addition, the Authority has approved a three-year Strategy for An Garda Síochána. It has also determined the policing priorities for 2017 which will inform the content of the 2017 Policing Plan to be published before the end of the year. It has reviewed and issued recommendations on the Garda Protected Disclosure policy and will also establish a Code of Ethics that includes standards of conduct and practice for Garda members.
The Deputy will be aware that Section 62(O)(2) of the Garda Síochána Act 2005, as amended, requires the Policing Authority, within two years from its establishment, to submit to the Minister a report on the effectiveness of the Authority and the adequacy of the functions assigned to it. In addition, under Section 61(1) of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015, the Minister must, in consultation with the Minister for Public Expenditure and Reform, not later than five years after the establishment of the Authority, review the operation of the legislation.
The sections of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 which remain to be commenced contain provisions concerning the Policing Authority's functions in relation to appointment and removal of members of An Garda Síochána. The commencement of these sections is dependent on the regulations governing promotion and discipline in An Garda Síochána being amended to reflect the envisaged role for the Authority. My intention is to bring the Regulations to Government for approval next week and that the Authority will take over the appointment function by 1 January 2017. Once this is done it will be a matter for the Authority to undertake its own selection competitions for appointments to these ranks.
63. Deputy Margaret Murphy O'Mahony asked the Tánaiste and Minister for Justice and Equality the status of the review of the role of the National Disability Authority; when the review will be completed; and if she will make a statement on the matter. [40315/16]
View answerThe Programme for Partnership Government contains a commitment to review the role of the National Disability Authority. This is a good opportunity to review the role and functions of the National Disability Authority and to consider whether changes are appropriate in the context of the changes in Irish society and the position of people with disabilities since its establishment in 1999. I am committed to ensuring that the review process will be open, objective and consultative and will be undertaken with participation by all relevant stakeholders, including the Authority board and staff interests.
As the Deputy will be aware, we are in the process of finalising a new National Disability Inclusion Strategy and I believe that it is appropriate that the review be undertaken in the context of the new Strategy's priorities. The new Strategy will be in place in early 2017, and I anticipate that we will be able to commence the review of the Authority - with the first step being to scope out terms of reference - shortly afterwards.
64. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality her plans to introduce an independent complaints procedure for asylum seekers living in direct provision here; and if she will make a statement on the matter. [40428/16]
View answerMy Department is in discussion with the Office of the Attorney General and the Offices of the Ombudsman and the Ombudsman for Children with a view to extending their remit to allow them to receive complaints from persons residing in State provided accommodation. The extension of the remit of these Offices will require legislative amendment and full and detailed consideration is being given to these amendments. The type of complaints that will be accepted will be those relating to the services provided to protection applicants in their State provided accommodation centre. Complaints relating to the international protection process itself will not fall within this arrangement.
I am optimistic that this process can be concluded speedily to allow residents in State provided accommodation access to the independent Offices of the Ombudsman and the Ombudsman for Children at the earliest opportunity.
65. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if she will ensure that the cases of other serving Garda whistleblowers that have made complaints in relation to bullying and harassment following the making of a protected disclosure, apart from those considered by a judge (details supplied) are included in any follow on inquiry. [40319/16]
View answerAs the Deputy is aware, following advice received from the Attorney General, I appointed Mr Justice Iarfhlaith O’Neill to undertake a review of certain protected disclosures which were made to me. In essence, Judge O’Neill was asked to review allegations of wrongdoing contained in the disclosures; to make whatever inquiries he considered appropriate in relation to the review and to report on the conclusion of his review, including any recommendations which he considered necessary in relation to any further action which may be appropriate and warranted to address the allegations.
Judge O'Neill was initially due to report by 23 November. However, he subsequently sought two short extensions, which I granted. He delivered his report on 7 December 2016.
The report sets out in detail the allegations contained in the protected disclosures and his recommendations. The House will appreciate, notwithstanding receipt of the Report of Mr Justice O'Neill, that we are still dealing with protected disclosures and as such I must be very careful in relation to the identity of the persons who made those disclosures. This fact, and the fact that the report specifies the nature of the allegations and refers to third parties, means that I must be very careful to respect the rights of those who made the disclosures and of those third parties. Having read the Report, I have sought the advice of the Attorney General on how to proceed in relation to it, including the question of what material might be put in the public domain about it. When that advice is received, I will bring forward proposals to Government on the next steps.
I will not be in a position to make any decisions about the report until I have received the advice of the Attorney General and, accordingly, no decisions have been taken yet in relation to what actions might be taken arising from it. It may be helpful to inform the Deputy that I did receive requests to extend Mr Justice O'Neill's review to cover the cases of other persons who had been involved in making protected disclosures. I indicated that Mr. Justice O'Neill had been asked to look at two very specific disclosures and the review was not intended to look at general issues relating to whistleblowers. In the circumstances, the question of including those cases in the review did not arise. In considering the action to be taken in response to the report, obviously I will have to be guided by the findings and recommendations in relation to what further action might be necessary.
66. Deputy Anne Rabbitte asked the Tánaiste and Minister for Justice and Equality her plans to put in place any new measures relating to age restrictions in gambling laws. [40306/16]
View answerThe General Scheme of the Gambling Control Bill was published in July 2013 following approval by the Government and is currently in drafting by the Office of the Parliamentary Counsel. The Bill, as proposed, will update all existing laws on the regulation of gambling, including betting and gaming but excluding the National Lottery.
The new legislation will have consumer protection generally as one of its core principles, and it is envisaged that it will include several measures aimed at assisting and protecting vulnerable persons, including young persons.
It will include prohibitions on the employment of young persons, they will not be permitted to participate in gambling and there will be arrangements for age verification checks by licence holders. It is envisaged that the regulatory body proposed in the legislation will include a dedicated inspectorate whose main task will be to monitor compliance by licence holders with the terms of their licence and with the new legislation generally.
It is intended to proceed with this legislation at the earliest feasible opportunity. In support of these efforts, the Government has delegated the powers of the Minister for Justice and Equality under the gaming and lotteries legislation to me as Minister of State. I have requested departmental officials to commission a review of the Scheme published in 2013 by way of taking account of intervening developments and technologies in the gaming sector. This review will help to update policy in this area. The review process is ongoing and scheduled for completion by the end of this year.
Pending the bringing forward of the main Bill, which is a major undertaking, my Department is examining whether there are any individual pressing areas of concern, intended to be dealt with in the Bill, which could be dealt with sooner in the new year by separate legislative measures and this is being actively considered. This will be augmented by the completion of the more complex work on the main Bill for Government approval and publication later during 2017.
67. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality if the number of gardaí in the traffic corps will be increased in 2017; and if she will make a statement on the matter. [40447/16]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including the Traffic Corps, among the various Garda Regions, Divisions and Districts, and I as Minister, I have no direct role in the matter.
I am informed by the Garda authorities that, as of 31 October 2016, the latest date which figures are readily available, the strength of the Traffic Corps stood at 672 members. I am assured by the Garda 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.
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 further 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. I expect that the Traffic Corps, like all Garda 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. This investment will support the delivery 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.
Insofar 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 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.
68. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will consider legislating for the introduction of a sentencing council. [40423/16]
View answerAs the Deputy will appreciate, judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. In regard to sentencing, the approach of the Oireachtas has generally been to specify in law a maximum penalty for an offence, so that a court, having considered all the circumstances of a case, may impose an appropriate penalty up to that maximum. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present. An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Appeal to review a sentence she regards as unduly lenient.
The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Sentencing practice is also being developed by a steering committee of the judiciary which developed the Irish Sentencing Committee website, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. This system is being developed as a valuable tool not only for members of the judiciary but also for lawyers, researchers and those concerned with the needs of victims and their families, and I very much support the initiative led by the judiciary through the Judicial Research Office in undertaking the detailed work of gathering and providing information on sentencing via the website.
The report of the Working Group on the Strategic Review of Penal Policy, published in July 2014, considered the issue of developing sentencing guidelines. However, the majority of the Review Group took the view that the primary role of developing sentencing guidelines is the responsibility of the judiciary and does not lie in bringing forward detailed statutory based guidelines. It might also be noted that a Sentencing Council was not advocated by the Law Reform Commission in its Report on Mandatory Sentencing which was published in June 2013.
The Deputy may wish to note that in 2014, the Court of Criminal Appeal issued a number of judgments which addressed the question of sentencing and which acknowledged the many factors that can be considered in individual cases which undermine the usefulness of direct comparisons between one case and another. Nonetheless, every effort to promote consistency should be made and in this respect it is appropriate for the courts to provide guidance on sentencing matters.
A Judicial Council Bill is included in the current legislative programme which provides for a range of matters including matters relating to developing schemes for judicial education and training. It is also envisaged that the Bill will contain mechanisms designed to assist in the collation and dissemination of sentencing information. Easy accessibility to such information would clearly be of benefit to courts when it comes to achieving consistency in imposing sentences.
69. Deputy Anne Rabbitte asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the increasing proliferation of social media applications that are being used by young persons and children to arrange online and offline exchanges with strangers; the steps she is taking to ensure the safety of children using these apps; and if she will make a statement on the matter. [39927/16]
View answer70. Deputy Jan O'Sullivan asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to growing concerns in relation to cyber safety for children and young persons including apps which purport to be regarding friendship but are open to predatory behaviour and inappropriate posting; when she expects the sections of the Criminal Law (Sexual Offences) Bill 2015that deal with exploitation of children to be operational; and if she will make a statement on the matter. [40298/16]
View answerI propose to take Questions Nos. 69 and 70 together.
The Criminal Law (Sexual Offences) Bill, which was published in September 2015, includes measures to significantly strengthen existing criminal law in combatting child exploitation and, in particular, address the use of modern communication technologies as a tool which may lead to child sexual exploitation. The Bill has completed passage through Seanad Éireann and is awaiting Report Stage in Dáil Éireann. It is expected that the Bill will be enacted in early 2017.
In September 2016 the Law Reform Commission published its Report on Harmful Communications and Digital Safety. The Commission noted the positive benefits to society of every increasing interconnectedness as well as the negative aspects of this, and the emerging trends to engage in online communications that cause significant harm to others. It is my intention to bring proposals to Government in relation to the criminal law aspects of the Law Reform Commission's Report very shortly.
In ongoing support for safe internet usage, my Department's Office for Internet Safety produces a range of supports and materials, including booklets aimed at parents and teachers which are available on the website www.internetsafety.ie and in 2016 almost 40,000 hard copy booklets have been distributed.
Finally, the Deputy may also be aware that the Garda Schools Programme is very active in delivering talks to children in both primary and secondary schools on many aspects of safety including online safety.
71. Deputy Eamon Scanlon asked the Tánaiste and Minister for Justice and Equality if she will provide a list of all Garda stations closed in counties Sligo, Leitrim, Cavan and Donegal since January 2012; and if she will make a statement on the matter. [40558/16]
View answerThe Deputy will appreciate that the Garda Commissioner is primarily responsible 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. Indeed, this was the basis on which the Garda District and Station Rationalisation Programme 2012-2013 was developed and implemented. The specific information requested by the Deputy is set out in the table attached.
The Deputy will be aware that the Government, in its Programme for a Partnership Government, identified community policing as the embodiment of An Garda Síochána. Community policing provides a means of recognising that every community, both urban and rural, has its own concerns and expectations. The Programme commits the Government to ensuring visible, effective and responsive policing in every community, including the most minimal response times possible. In accordance with the Programme commitment, I have requested the Garda Commissioner, while fully cognisant of her statutory functions in relation to the distribution of Garda resources in the State, to identify 6 stations for reopening on a pilot basis. This pilot scheme is intended to feed into the wider review being overseen by the Policing Authority.
In that context, I have asked the Policing Authority to oversee a review of, among other things, the dispersal of Garda stations in rural areas. I understand that the Authority has, in accordance with section 117(2) of the Garda Síochána Act 2005, formally requested the Garda Síochána Inspectorate to examine the dispersal and use of resources available to An 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. The Authority has informed the Inspectorate that the review should take account of:
- the changing environments in rural, developing urban and suburban areas;
- the views of local communities;
- the allocation to and deployment of Garda resources at the local policing level, including the use of the Garda Reserve, Garda facilities and Garda equipment; and
- relevant recommendations made in previous Inspectorate reports.
|
Stations in Sligo, Leitrim, Cavan and Donegal that were closed under the Rationalisation Programme 2012 - 2013 |
||
|
Year Closed |
Division |
Station |
|
2012 |
Sligo / Leitrim |
Bunnanadden |
|
2012 |
Sligo / Leitrim |
Drumkerrin |
|
2012 |
Sligo / Leitrim |
Kiltyclogher |
|
2012 |
Cavan / Monaghan |
Tullyvin |
|
2012 |
Donegal |
An Duchoraidh |
|
2012 |
Donegal |
Culdaff |
|
2012 |
Donegal |
Dunkineely |
|
2013 |
Sligo / Leitrim |
Aclare |
|
2013 |
Sligo / Leitrim |
Ballyfarnon |
|
2013 |
Sligo / Leitrim |
Cliffoney |
|
2013 |
Sligo / Leitrim |
Cloone |
|
2013 |
Sligo / Leitrim |
Dromahair |
|
2013 |
Sligo / Leitrim |
Dromod |
|
2013 |
Sligo / Leitrim |
Easkey |
|
2013 |
Sligo / Leitrim |
Glenfarne |
|
2013 |
Sligo / Leitrim |
Keshcarrigan |
|
2013 |
Cavan / Monaghan |
Bawnboy |
|
2013 |
Cavan / Monaghan |
Redhills |
|
2013 |
Cavan / Monaghan |
Shantonagh |
|
2013 |
Cavan / Monaghan |
Stradone |
|
2013 |
Donegal |
Annagaire |
|
2013 |
Donegal |
Gleann Cholm Cille |
|
2013 |
Donegal |
Malin |
|
2013 |
Donegal |
Min an Lábain |
|
2013 |
Donegal |
Na Brocacha |
72. Deputy Noel Rock asked the Tánaiste and Minister for Justice and Equality if she will investigate the possibility of instilling in local Peace Commissioners the authority to verify RFA 2 forms for the application for inclusion in the supplement to the register of electors; and if she will make a statement on the matter. [40563/16]
View answerPeace Commissioners are appointed under section 88 of the Courts of Justice Act, 1924. The Office of Peace Commissioner is an honorary appointment and Peace Commissioners receive no remuneration or compensation by way of fees or expenses for their services. At present the powers and duties of a Peace Commissioner are primarily the taking of statutory declarations; witnessing signatures on documents; signing certificates and orders under various Acts and signing search warrants for An Garda Síochána.
While I have no plans to amend the legislation in the immediate future, the current legislation will be kept under review.
73. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality further to parliamentary question number 125 of 22 November 2016, the progress which has been made in reducing the number of persons in direct provision that give their legal status, should not be in direct provision; the procedures or mechanisms which have been put in place to accurately qualify the number of persons in this position in view of the approximate figure of 500 in November 2016.; and if she will make a statement on the matter. [40607/16]
View answerLast month there were in the region of 500 persons with some form of status in the process of transiting to accommodation in the community. There are currently just over 460 persons in that position.
Statistical analysis shows that just over 220 persons moved out of State provided accommodation in November. RIA make an offer of accommodation to persons within the protection process and it is entirely their decision whether they avail of it. Similarly, given its voluntary nature, protection applicants can choose to move out of State provided accommodation while still in the protection process if they so wish. For this reason, the numbers of persons leaving State provided accommodation in November will include persons who are moving out because they have received some form of status as well as persons who are exercising their right to leave the voluntary system of State provided accommodation because they have decided to live elsewhere.
The number of persons with some form of status residing in State provided accommodation changes on an almost daily basis as people transition into accommodation in the community and people within the system receive a form of status.
There are measures in place to assist persons with status to transition to accommodation in the community including the 'Guide to independent living' which was developed by my Department with a view to providing such persons with practical assistance to help them move on with their lives. This document was published in parallel with information sessions coordinated by the Citizens Information Bureau in accommodation centres which gave an opportunity for such persons to seek assistance and clarification on the services provided. These information sessions are still taking place in RIA accommodation centres as new people are granted some form of status to allow them to remain in the country.
Notwithstanding the fact that persons cease to be ordinarily entitled to accommodation supports when some form of status is granted, RIA have always continued to provide such persons with continued accommodation until they secure their own private accommodation. RIA are particularly mindful of the reality of the housing situation in the State and the pressures on the Community Welfare Service in respect of Rent Supplement or the City and County Councils in respect of Housing Assistance Payments and Housing Lists. That said, the provision of housing for persons coming out of the protection process has been incorporated in the recently published Action Plan for Housing and Homelessness.
74. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality the reason Ireland has not signed up to European Directive 203/9/EC which would enable those residing in direct provision to access the labour market; the government's position in this regard.; and if she will make a statement on the matter [40608/16]
View answerI assume the Deputy is referring to Council Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers which was recast in 2013. The main reason Ireland did not opt-in to this Directive was the provisions relating to the right to work for asylum seekers. The Directive provides for asylum seekers to be given access to the labour market if a decision at first instance has not been taken within one year of the making of an application for asylum, which is contrary to national law. Section 9(4)(b) of the Refugee Act 1996, provides that applicants for international protection shall not seek or enter employment or carry on any business, trade or profession during the period before the final determination of their application. This legislation is being replaced by the International Protection Act 2015, which is expected to be commenced on 31 December, 2016. There has been no change in the policy in this respect in the new Act.
There is an effective visa and immigration system in place for those who wish to lawfully migrate to the State for employment purposes. The key concern in this regard is that both the asylum process and the wider immigration system would be undermined by giving people who secure entry to the State, on foot of claims to asylum yet to be determined, the same access to employment as legal immigrants who follow the lawful route to employment.
The McMahon Working Group considered this matter in detail and did not recommend a right to work as a remedy to the experiences of people remaining for long periods in a cumbersome and sequential applications process. The Report instead sought to tackle the causes of delay. The International Protection Act 2015 provides for the introduction of a single application procedure for international protection, which is specifically aimed at addressing the length of time persons spend in the protection process. The new procedure will streamline and speed up the processing of protection applications, allowing all relevant matters to be submitted at the time of application for consideration. This will significantly reduce the length of time that persons spend awaiting a decision on their protection application. This will bring certainty of status at a much earlier stage to qualified applicants. Any applicant subsequently granted international protection status is entitled to enter the labour market. This significant reform addresses directly the situation raised by the Deputy.
75. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of Garda stations and the number of gardaí in each in the Dublin south central metropolitan region on 30 November 2016. [40634/16]
View answer76. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of Garda stations and the number of gardaí in each in the Dublin southern metropolitan region on 30 November 2016. [40635/16]
View answerI propose to take Questions Nos. 75 and 76 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 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 Dublin Metropolitan Region South (DMR South) and Dublin Metropolitan Region South Central Divisions, on the 31 October 2016, the latest date for which figures are readily available, was 541 and 620 respectively. There are also 31 Garda Reserves and 34 civilians attached to the DMR South Division and 48 Garda Reserves and 28 civilians attached to the DMR South Central 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.
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 52 and 63 to the D.M.R. South and D.M.R. South Central Divisions respectively. I am informed by the Garda Commissioner that another 900 trainee Garda are scheduled to attest in 2017 which will bring Garda numbers to around the 13,500 mark by year end.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division, including the D.M.R. South and D.M.R. South Central Divisions, in the coming years.
This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.
The following table gives a breakdown of the detailed information requested in relation to the number of Garda stations and number of Gardaí assigned to the D.M.R. South Central and D.M.R. South Divisions on 31 October 2016, the latest date for which figures are readily available:
D.M.R. SOUTH CENTRAL DIVISION 31 OCTOBER 2016
|
Districts |
Stations |
Strength |
|
DONNYBROOK |
DONNYBROOK |
109 |
|
|
IRISHTOWN |
45 |
|
TOTAL |
154 |
|
|
KEVIN STREET |
KEVIN STREET |
117 |
|
|
KILMAINHAM |
69 |
|
TOTAL |
186 |
|
|
PEARSE STREET |
PEARSE STREET |
280 |
|
D.M.R. SOUTH CENTRAL |
5 STATIONS |
620 |
D.M.R. SOUTH DIVISION 31 OCTOBER 2016
|
Districts |
Stations |
Strength |
|
CRUMLIN |
CRUMLIN |
101 |
|
|
SUNDRIVE ROAD |
62 |
|
TOTAL |
163 |
|
|
TALLAGHT |
RATHFARNHAM |
65 |
|
|
TALLAGHT |
176 |
|
TOTAL |
241 |
|
|
TERENURE |
RATHMINES |
57 |
|
|
TERENURE |
80 |
|
TOTAL |
137 |
|
|
D.M.R. SOUTH |
6 STATIONS |
541 |
77. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality the volume and value of heroin seizures in Cork city and county for each of the years 2014, 2015 and to date in 2016; and the details of the response to this growing problem. [40647/16]
View answerI attach for the Deputy's information below the available data with regard to the volume and value of heroin seized by An Garda Síochána in the Cork City, Cork North and Cork West Garda Divisions for 2014 and 2015 (as at 30 September 2015). I am informed that more up to date data is not currently available however I will write further to the Deputy in this regard.
The Policing Plan of An Garda Síochána sets out the continued commitment of An Garda Síochána to pro-actively target groups and individuals engaged in organised crime activity including drug crime. In this regard the National Drugs and Organised Crime Bureau continues to lead out the policing strategy for tackling drugs by demand reduction and supply reduction strategies. The Bureau continues its policy of working with Divisional Drug Units nationwide in tackling supply reduction at local level.
Furthermore multi-disciplinary approaches are utilised to ensure that those involved are effectively targeted including through the use of the Proceeds of Crime legislation, money laundering legislation and the powers of the Criminal Assets Bureau. This integrated approach adopts best practice in implementing a co-ordinated use of Garda resources and in utilising available criminal law to its fullest extent in tackling all forms of organised crime, including drug trafficking.
An Garda Síochána also has in place a number of strategic partnerships both nationally and internationally including with the Irish Customs Service, the Health Products Regulatory Authority, the Irish Naval Service, Europol, Interpol and the Maritime Analysis and Operations Centre Narcotics based in Lisbon.
Finally as you may be aware, the overall response to the problem of drug misuse is set out in the National Drugs Strategy for the period 2009-2016. The Strategy, for which Government responsibility falls under the remit of my colleague Minister of State Catherine Byrne T.D., at the Department of Health, provides a co-ordinated and comprehensive response to the issue and is very much founded on a partnership approach.
The Department of Health is currently leading the development of a new Strategy for the period after 2016 so as to continue to address the complex problem of substance misuse in a comprehensive and integrated manner and work is well advanced in this regard.
Table 1- Garda Seizures of diamorphine (heroin) Cork City, Cork North and Cork West Garda Divisions 2014 to 2015 end Q3 - 30 September 2015 *
|
Year |
Grams |
Value |
|
2014 |
937.6 |
€140,642 |
|
2015 (end Q 3) |
1205.7 |
€180,852 |
* The statistics provided are based on operational data and are provisional and subject to change. It is advised that the quantities of drugs tabulated in the table above are provided by Forensic Science Ireland on the basis of records maintained by the laboratory relating to quantities of drugs analysed at the laboratory. The estimated street value of the quantities of drugs analysed, as provided by the Forensic Science Ireland to An Garda Síochána, are calculated on the basis of current market value of drugs at street level in this jurisdiction, which are subject of regular review by the Drugs and Organised Crime Bureau.
78. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality the total use her Department has made of the Government jet since coming into office; and if she will make a statement on the matter. [40685/16]
View answer79. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality the total use her Department has made of the Government jet per annum from March 2011 to February 2016, in tabular form; and if she will make a statement on the matter. [40702/16]
View answerI propose to take Questions Nos. 78 and 79 together.
The Ministerial Air Transport Service provides the Government and the President with an independent, flexible and effective air transport service to assist in meeting national and international obligations. The use of any Air Corps aircraft for Ministerial transport is subject to the authorisation of An Taoiseach. The Deputy will wish to be aware that details of all Ministerial Air Transport use, broken down by year since 2008 to date, is available on the website of the Department of Defence.
The information available is listed by Departure Date, Return Date, Ministerial Time on Board, Route, Department and Passengers.
Details can be found via the following web address: http://www.defence.ie/WebSite.nsf/Document+ID/FFF14F42B7DA240280257632003D5C94?OpenDocument.
80. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality further to parliamentary question number 102 of 8 November 2016, the status of the promised joint RSA and Garda public awareness campaign to discourage the purchase of quad bikes and scramblers as gifts; and if she will make a statement on the matter. [40707/16]
View answerI understand that An Garda Síochána and the Road Safety Authority issued a press statement this morning warning of the dangers from mini-motorised vehicles.
The statement advises parents that mini motorised vehicles are legally termed ‘mechanically propelled vehicles’ (MPVs) and are governed by the Road Traffic Act 2004 which makes it an offence to supply a mechanically propelled vehicle to a person under 16 years of age for use in a public place. A person is liable to a fine of up to €3,000 or 6 months in prison, or both for selling or supplying a ‘mechanically propelled vehicles’ to a minor. Mini-motorised motorcycles and quad bikes also come within this definition.
I am advised by the Garda authorities that these vehicles, when used in a public place, must comply with the Road Traffic Acts, including in relation to motor tax, insurance and possession of a valid driver licence or learner permit. Under the Road Traffic Acts, any member of An Garda Síochána may stop a mechanically propelled vehicle in a public place and demand production of a driver licence or learner permit. In addition, Gardaí may inspect the vehicle for compliance with vehicle standards legislation, which makes it an offence to drive without reasonable consideration, drive carelessly, or drive dangerously. The Garda authorities also have powers of seizure, detention, storage and disposal of vehicles under road traffic legislation.
I also understand that the use of quad bikes and scramblers in public parks and open spaces may be prohibited under local authority bye-laws.
The joint statement highlights that tragically mishaps on these vehicles have resulted in the deaths of children in the UK and Ireland over recent years. I strongly support this campaign and reiterate that road safety is a shared responsibility. As with the 2016 Christmas & New Year Anti Drink Driving Campaign it is necessary to stop and consider the impact of our decisions on others and it is my sincerest hope that this campaign will help achieve this.
81. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality the gender balances on each of the State boards under her remit. [40719/16]
View answerThe information requested by the Deputy in relation to these boards is set out in the following table. As the Deputy will be aware, the achievement of gender balance of 40% on State boards is a target in the Programme for a Partnership Government and will be pursued as part of the forthcoming National Women's Strategy.
|
Name of Board |
Number of Women on Board |
Number of Men on Board |
Percentage of Board made up of Women |
Percentage of Board made up of Men |
|
Charities Regulatory Authority |
7 |
8 |
47% |
53% |
|
Charity Appeals Tribunal |
3 |
2 |
60% |
40% |
|
Classification of Films Appeal Board |
5 |
4 |
56% |
44% |
|
Courts Service Board |
3 |
15 |
17% |
83% |
|
Garda Síochána Arbitration Board |
0 |
3 |
0% |
100% |
|
Garda Síochána Ombudsman Commission |
2 |
1 |
67% |
33% |
|
Irish Human Rights and Equality Commission |
8 |
7 |
53% |
47% |
|
Judicial Appointments Advisory Board |
5 |
6 |
45% |
55% |
|
Legal Aid Board |
6 |
6 |
50% |
50% |
|
Mental Health (Criminal Law) Review Board |
2 |
2 |
50% |
50% |
|
National Disability Authority |
6 |
6 |
50% |
50% |
|
Ordnance Survey Ireland |
2 |
8 |
20% |
80% |
|
Parole Board |
2 |
9 |
18% |
82% |
|
Policing Authority |
5 |
3 |
63% |
37% |
|
Private Security Authority |
6 |
5 |
55% |
45% |
|
Property Registration Authority |
5 |
6 |
45% |
55% |
|
Property Services Appeal Board |
0 |
1 |
0% |
100% |
|
Property Services Regulatory Authority |
6 |
5 |
55% |
45% |
|
Valuation Tribunal |
9 |
15 |
38% |
62% |
In addition the Private Security Appeal Board, the Censorship of Publications Board and the Censorship of Publications Appeal Board currently have no members appointed.
82. Deputy Anne Rabbitte asked the Tánaiste and Minister for Justice and Equality the number of undocumented migrants under 18 years of age that are currently here. [40749/16]
View answerBy definition, irregular migration, which is after all a clandestine activity, is inherently difficult to estimate, in Ireland as in all other countries. While I am, of course, aware of some of the estimates put forward by the NGO community, it is not possible to have any precision around the number of illegal immigrants in the State. This is compounded by the fact that persons under 16 years of age are not, in any event, required to have their presence in the State registered with the authorities. Estimating the remaining cohort, namely those of 16 to 18 years of age, suffers from the same difficulty as establishing a figure for the number of illegal immigrants generally.
83. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if and when family reunification will be granted in the case of a person (details supplied); and if she will make a statement on the matter. [40754/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for family reunification in respect of the person referred to is currently being processed and a decision is expected to issue shortly. All applications received are dealt with in chronological order by the Family Reunification section.
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.
84. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in determination of application for residency and naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [40755/16]
View answerI 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, who currently has permission to reside in the State until 11 July 2017, 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.
85. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if update of residency status will be arranged in respect of a person (details supplied); and if she will make a statement on the matter. [40756/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned had their permission to remain in the State renewed for a further one year period to 14th December, 2017. This decision was conveyed in writing to the persons concerned by letter dated 13 December, 2016.
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.
86. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will set aside a deportation order in the case of a person (details supplied); if she will fully examine the manner in which the decision was made; and if she will make a statement on the matter. [40759/16]
View answerI refer the Deputy to his earlier Parliamentary Question No. 118 of 1 December, 2016 and the written reply to that Question. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the position is unchanged since then. The person's case is currently under consideration.
The representations submitted, together with all other information and documentation on file, will be fully considered, under 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, in advance of a final decision being made on whether a Deportation Order should be made.
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.
87. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will upgrade status from stamp 2 to stamp 4 in the case of a person (details supplied); if the person's child's birth certificate will be returned; and if she will make a statement on the matter. [40760/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned only applied to INIS towards the end of October and the position is still the same as was set out in my reply to Parliamentary Question No. 73 of 10 November, 2016.
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.
88. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [40762/16]
View answerI refer the Deputy to my answer to his Parliamentary Question no. 109 of 17 November 2016. 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 under consideration and has not yet reached a conclusion.
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.
89. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the procedure to be followed to regularise residency here in the case of a person (details supplied); if the case will be urgently and favourably considered; and if she will make a statement on the matter. [40763/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy arrived in the State on 24/09/2008 and that their current immigration permission is due to expire on 23/08/2017.
I would suggest that the person concerned should apply in writing to the Residence Division - Unit 6, Irish Naturalisation & Immigration Service, PO Box 12695, Dublin 2 outlining the change in their circumstances. The person should include their original national passport containing their current registration stamp, their original marriage certificate, their spouse’s death certificate, proof of address, and a copy of Garda National Immigration Bureau Registration Card with their application.
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.
