Tuesday, 24 Jan 2017

Written Answers Nos. 98-118

Family Law Cases

Questions (98)

Clare Daly

Question:

98. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her plans to reform legislation such that persons who are unhappy with the professional conduct of psychologists, psychotherapists or psychiatrists during the compiling of a section 47 report can have their complaints investigated by the relevant accrediting bodies in view of the fact that accrediting bodies currently refuse to investigate such complaints, citing the Judicial Separation and Family Law Reform Act 1989. [2609/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am assuming that the Deputy is referring to section 34 of the Judicial Separation and Family Law Reform Act 1989 which provides that proceedings under that Act shall be heard otherwise than in public. The purpose of the in camera rule in family law proceedings is to protect the identity of the parties and any child to whom the proceedings relate. While the general principle as set out in Bunreacht na hÉireann is that justice be administered in public, the underlying concern is that family law proceedings relate to matters which are sensitive and private to the parties and there is no public interest in requiring that their identities be published. The in camera rule offers protection to children and other family members from the publication or broadcasting of information relating to them which would affect the anonymity of the parties or any child concerned.

Section 40 of the Civil Liability and Courts Act 2004 clarifies the position with regard to the in camera rule and the carrying out of hearings, inquiries and investigations by bodies or persons who are doing so in accordance with their statutory functions. Section 40(6) allows documents prepared for or given in evidence in family law proceedings to be produced to bodies or persons carrying out statutory functions involving the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter. Section 40(7) allows information or evidence given in family law proceedings to be given to bodies or persons carrying out statutory functions involving the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter. Section 40(9) provides that such a hearing, inquiry or investigation shall be conducted otherwise than in public, in so far as it involves documents, information or evidence provided under section 40(6) or 40(7), and the documents, information and evidence shall not be published.

As section 40 of the Civil Liability and Courts Act 2004 ensures that regulatory bodies carrying out their statutory functions can access documents, information or evidence relating to family law proceedings where necessary for the purpose of conducting hearings, inquiries and investigations, I do not believe that further legislation in this area is needed at this time.

With regard to the specific matter raised by the Deputy regarding investigation of complaints into the professional conduct of psychologists, psychotherapists and psychiatrists who prepare reports under section 47 of the Family Law Act 1995, these are policy matters for the Department of Health which has provided me with the following response:

"A complaint can be made to a regulatory body for investigation under Fitness to Practice in the case of a regulated health profession such as a medical practitioner, a nurse, a dentist, pharmacist and a number of designated health and social care professions. In the case of a psychiatrist, the Medical Council is the appropriate regulatory body. Psychologists, one of 14 professions designated for regulation under the Health and Social Care Professionals Act 2005, are not regulated as of yet. Once regulated, the Health and Social Care Professionals Council (CORU) will be the appropriate body to which a complaint can be made. Consideration is currently being given to a proposal to designate counsellors and psychotherapists for regulation under the Health and Social Care Professionals Act 2005 but work is at an early stage."

Deportation Orders Re-examination

Questions (99)

Bernard Durkan

Question:

99. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will defer the deportation of a person (details supplied); if she will review this case as a matter of urgency; and if she will make a statement on the matter. [2640/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to was deported from the State on the 19th of January, 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.

Traveller Community

Questions (100)

Joan Collins

Question:

100. Deputy Joan Collins asked the Tánaiste and Minister for Justice and Equality when she will introduce legislation to recognise Traveller ethnicity. [2645/17]

Written answers

Minister of State at the Department of Justice and Equality

As I have indicated previously, the question of recognition of Travellers as an ethnic group in Ireland is being considered in the context of the development of the National Traveller and Roma Inclusion Strategy. There is no requirement for legislation and no proposals for legislation on this issue.

In September 2015, my predecessor brought a paper to the Cabinet Sub-Committee on Social Policy on the question of recognising Travellers as a distinct ethnic group within Irish society. This followed a process of dialogue with the national level Traveller NGOs during 2015 which culminated in the presentation of an agreed position paper by them and confirmation that there are no legal or expenditure implications arising from such recognition. The key point is that recognition of the distinct heritage, culture and identity of Travellers and their special place in Irish society would be hugely important to Traveller pride, to Traveller self-esteem and to overcoming the legacy of marginalisation and discrimination that the community has experienced.

I have had a long standing interest in this area, most notably through my chairing of the Joint Oireachtas Committee on Justice, Defence and Equality when it produced its report on the Recognition of Traveller Ethnicity (April 2014). My officials and I have been working to advance this matter and I made a presentation to the Cabinet Committee on Social Policy in December 2016. An invitation has been extended to Traveller representatives to meet that Cabinet Committee to further these discussions.

Policing Co-operation

Questions (101)

Jonathan O'Brien

Question:

101. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if the letter from the PSNI to the British Metropolitan Police requesting that it contact An Garda Síochána regarding undercover policing by the British Metropolitan Police's special demonstration squad on the island of Ireland has been brought to her attention; and if the British Metropolitan Police has been in touch with An Garda Síochána further to this request from the PSNI. [2688/17]

Written answers

Tánaiste and Minister for Justice and Equality

The Deputy will appreciate that, as Minister for Justice and Equality, I have no function in respect of correspondence between the Police Service of Northern Ireland and the London Metropolitan Police Service. The Garda Authorities are in ongoing contact with their counterparts in the London Metropolitan Police Service in the context of co-operation across a full range of policing issues. As the Deputy will also appreciate, An Garda Síochána and the PSNI work closely together on an ongoing basis in tackling crime and promoting community safety for communities on this island.

As I have stated to the House previously, in the light of developments which have taken place outside this jurisdiction since these matters first came to light, including the establishment by the UK Government of an inquiry (the Pitchford Inquiry) into undercover policing, I requested a fresh report from the Garda Commissioner on any issues arising. In seeking that report, I have not sought to circumscribe in any way the information which the Garda Commissioner would provide. I will fully consider this report when it is available.

Refugee Resettlement Programme

Questions (102)

Dara Calleary

Question:

102. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality the arrangements in place for the provision of essential services at a refugee centre (details supplied) in County Roscommon; the details of the tender process; and if she will make a statement on the matter. [2713/17]

Written answers

Minister of State at the Department of Justice and Equality

As the Deputy is aware, a number of persons are to be temporarily accommodated in the Emergency Reception and Orientation Centre (EROC) to be located in Ballaghaderreen, Co Roscommon, under the relocation strand of the Irish Refugee Protection Programme (IRPP). As the name suggests, an EROC is largely about reception and orientation for those who are to be subsequently resettled. The overwhelming majority of persons being relocated to Ireland are fleeing the war in Syria.

The services being provided will include education, the services of a General Practitioner, HSE medical screening, and access to the services of the Department of Social Protection. A core part of the job of the IRPP is coordination and ensuring appropriate service delivery. Staff of the IRPP hold weekly clinics in the EROC with clients and any service level issues become immediately apparent.

The relevant services will be provided locally or in some cases may be provided at the centre. The mode of service provision is determined on a case by case basis depending on the local situation and the individual circumstances of the asylum seekers. Every effort is made to mainstream services with local populations while not impacting on the delivery of local services. Thus children may attend local schools and adults will be provided with English language classes by the local ETB. Services can in some instances be provided directly to the children and adults although the preference is that they are provided in conjunction with local services as this helps significantly with integration. It should be noted that accommodating persons in EROCs for a period of time is considered to be good practice as it allows for a period of acclimatisation, de-stressing and on-site processing. It is also a process that is supported by the UNHCR as best practice.

By law all children resident in the State must attend school between the ages of 6 and 16. The children of those staying in the Ballaghaderreen EROC will be no different. IRPP officials are liaising with colleagues in the Department of Education and Skills to ensure all children of school-going age resident in the centre are either placed in an appropriate school in the general area or whether facilities in the EROC are the most appropriate mechanism to address educational needs. It is a matter for the Department of Education and Skills to determine whether or not additional resources (e.g. SNAs) will need to be put in place in local schools to meet requirements. If necessary, a bus service will be established should any of the school placements be outside walking distance. The availability of crèche/pre-school facilities is also subject to discussions with the Department of Children and Youth Affairs.

To ensure that the local service demands generated by the refugees and asylum seekers can be met, an EROC team composed of local service providers is being established. This model works extremely well in the current EROCs located in Clonea Strand and Monasterevin. Persons arriving under relocation will also have had the benefit of direct engagement with my officials while in Greece or Italy, including a vulnerability/needs assessment. Officials of the IRPP will continue to closely engage with those placed in the EROC and will work to ensure that any local service issues that may arise are promptly resolved.

The selection process for EROCs

In recognition that the vulnerable migrants arriving under the IRPP would need some form of emergency accommodation and service provision, an expression of interest process was launched in October 2015 to identify potential properties capable of meeting that requirement. In assessing the suitability of potential EROCs, consideration is given to a number of factors including:

- the accommodation capacity of the EROC

- its potential for on-site services

- the potential availability of school placements for children of a school going age in the general area

- the potential availability of primary care and hospitals within reasonable travelling distance

- the experience of the location in having asylum seekers previously

- availability of other local services including public transport and shopping

- potential for the centre managers to provide additional services to both residents and local population

- potential benefits to local commerce

Approximately 90 properties were offered in response to the call for expressions of interest. After a short-listing exercise based on suitability and state of repair, 14 properties emerged as having potential. The selection process was suspended in early 2016 because the numbers arriving under the EU relocation programme were lower than anticipated due to operational problems in Greece and Italy. When the numbers arriving increased in late 2016, the short list was re-examined. The property in Ballaghaderreen was identified as the only property on the short list that could be made operational as a suitable EROC within a time frame that would meet demand in early 2017. As there will be a need for further EROCs to receive further persons arriving under the Programme, a new procurement exercise is expected to commence in the coming weeks.

Deportation Orders Data

Questions (103)

Bernard Durkan

Question:

103. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of undocumented persons deported from Ireland in the past 12 months to date; and if she will make a statement on the matter. [2745/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service of my Department that a deportation order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to deportation orders.

The safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a deportation order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.

There were 428 persons deported from the State in 2016. Of these, 367 were failed asylum seekers and 61 were illegally present in the State. In addition, provisional figures show that 4,127 persons were refused entry to the State in 2016. Of these, 396 were subsequently admitted to pursue a protection application.

Garda Vetting Applications

Questions (104)

Jonathan O'Brien

Question:

104. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the reason for the delay in a Garda vetting application for a person (details supplied); and the reason for the delay in completing such applications. [2800/17]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, the processing of vetting applications by the Garda National Vetting Bureau is an operational matter for the Garda Authorities and is carried out in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-1016 and other relevant law.

I am informed by the Garda Authorities that a vetting application was received by the National Vetting Bureau from a registered organisation in respect of the person referred to by the Deputy. The application was processed and returned to the liaison person in the relevant organisation on 20 January 2017. It will be necessary for the applicant to contact the registered organisation concerned to ascertain the current position.

Gambling Legislation

Questions (105, 107)

Jonathan O'Brien

Question:

105. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to table the gambling control Bill; when she expects to do so; the status of efforts the Government is making to prevent gambling addiction here; and if she will make a statement on the matter. [2813/17]

Jim O'Callaghan

Question:

107. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the status and timeframe for the gambling control Bill; and if she will make a statement on the matter. [2817/17]

Written answers

Minister of State at the Department of Justice and Equality

I propose to take Questions Nos. 105 and 107 together. The General Scheme of the Gambling Control Bill was published in July 2013 following approval by the Government and is currently in drafting by the Office of the Parliamentary Counsel. The Bill, as proposed, will update all existing laws on the regulation of gambling, including betting and gaming but excluding the National Lottery. It will provide for the licensing of all forms of on-line gambling.

The General Scheme was referred to what was at the time the Oireachtas Joint Committee on Justice, Defence and Equality for consideration and observations. The Joint Committee received 29 submissions and held public hearings following which it issued a report on 6 November 2013 which contained 8 conclusions and was laid before the Houses.

The 2013 General Scheme provides for the conferring of responsibility for all regulatory matters in this area on the Minister for Justice and Equality, including licensing, inspections and prosecutions, and it envisages that these functions would be carried out by a body located within the Department of Justice and Equality. The General Scheme also provides for a dedicated inspectorate to ensure compliance by licence holders with the terms of their licences and with the new legislation generally. The Gambling Control Bill will have consumer protection generally as one of its core principles, and it is envisaged that it will include several measures aimed at the protection of vulnerable persons, including children, from risks to their well-being arising from gambling. The 2013 Scheme includes measures that will require licence holders to act in a socially responsible way. These measures include controls on advertising, promotions and sponsorship.

It is the intention to proceed with this legislation at the earliest opportunity. In support of these efforts the Government has delegated powers of the Minister for Justice and Equality under the gaming and lotteries legislation to me as Minister of State.

At the same time, and pending the bringing forward of the main Bill, which is a major undertaking, I have also asked my Department to examine whether there are any individual pressing areas of concern, intended to be dealt with in the Bill, which could be dealt with early this year by separate legislative measures. A number of such measures are, therefore, under active consideration with a view to their inclusion in the Scheme of the forthcoming Courts and Civil Law Miscellaneous Provisions Bill which is, under the Government Legislation Programme, to be submitted for legislative scrutiny early this year. This initial approach will, as I have indicated, be augmented by the completion of the more complex work on the main Bill for Government approval and publication later this year.

I and officials of my Department are continuing to consult with relevant stake-holders, including those with experience in dealing with persons for whom gambling has become a problem and, as I have outlined, I intend to move forward as quickly as possible with the appropriate legislation.

Gender Recognition

Questions (106)

Jonathan O'Brien

Question:

106. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will provide the protocol for transgender prisoners within State prisons, in terms of health care and accommodating them in prisons of their self-identified gender; and if she will make a statement on the matter. [2814/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am informed by the Director General of the Irish Prison Service that a prisoner is committed to prison by the Courts Service as per the Consolidated Committal Order based on their legal identity. The Prison Service accept the prisoner on the basis of the Consolidated Committal Order, which refers to male or female gender.

I am further advised by the Irish Prison Service that on arrival in prison, all prisoners are brought to the reception/committal unit of the prison, where there is an opportunity to provide personal and physical details as part of the committal interview process. The assessment of the prisoner’s needs, may require the Prison Governor to consider the biological gender, legal gender, gender identity, transgender, gender expression, sexual orientation or gender recognition legislation. In such cases the Governor may make a recommendation on the appropriate placement within the prison system, taking into consideration good order, security & operational issues, protection issues, available accommodation and the healthcare needs of the prisoner.

The provision of healthcare is a statutory obligation on the Irish Prison Service as defined in the Prison Rules, 2007. The Irish Prison Service is committed to providing general healthcare services for the assessment, treatment and care of all prisoners, including Lesbian, Gay, Bisexual, Transgender (LGBT) prisoners, which is comparable to those available in the community and which are appropriate to the prison setting.

The Irish Prison Service recognises the need for clear policies and protocols to comply with recently enacted legislation in this area. In their 3 year Strategic Plan 2016-2018, the Irish Prison Service sets out its clear commitment to provide a safe and inclusive environment for all minority groups and develop appropriate placement policies.

The Irish Prisons Service has welcomed the recent publication of research by the Irish Penal Reform Trust, entitled ‘Out on the Inside’ which highlights issues to be addressed for transgender prisoners. These issues present significant challenges to maintain a balance between safety and security and the overall objective that all persons in custody are treated with dignity and respect.

The Irish Prison Service has indicated that it will shortly establish a working group in order to prepare a new policy for LGBT prisoners.

Question No. 107 answered with Question No. 105.

Property Services Regulatory Authority

Questions (108)

John McGuinness

Question:

108. Deputy John McGuinness asked the Tánaiste and Minister for Justice and Equality the number of complaints received by the Property Services Regulatory Authority in each of the past six years; the number of preliminary and full investigations carried out to date; the number of draft reports issued; the number of draft reports outstanding that have yet to be concluded; and if she will make a statement on the matter. [2831/17]

Written answers

Tánaiste and Minister for Justice and Equality

The Property Services Regulatory Authority (PSRA) was formally established in 2012 pursuant to the provisions of the Property Services (Regulation) Act 2011. Section 63 of the 2011 Act provides that a person may make a complaint to the PSRA alleging improper conduct on the part of a licensed property service provider. Subject to a basic assessment under Section 63 of the admissibility of the complaint, the PSRA is obliged to carry out an investigation into the alleged improper conduct. The complaint may also be resolved informally between the complainant and the licensee with the PSRA facilitating such settlements where possible.

The Act does not provide for preliminary investigations so in every instance that a complaint is deemed admissible, an Inspector is appointed and a full and formal investigation is undertaken in accordance with Section 65 of the 2011 Act. Complainants in this type of investigation are kept informed of the progress of the investigation, by the investigating Inspector, as required by Section 65(5) of the Act. At the conclusion of the investigation, the Inspector's penultimate task is to prepare a Draft Investigation Report which is sent to both the complainant and the licensee and on which both can make submissions to the Inspector. The Inspector's final task is to prepare the Final Investigation Report, taking into account any submissions received on the Draft Report, and to submit the Final Report to the Authority. It is then a matter for the Authority to consider the content of the Final Investigation Report and to take any action it considers appropriate in relation to the matter, in accordance with the provisions of the Act.

The following table provides details of complaints received by the PSRA for the years 2012 to 2016 inclusive. Of these, 76% have been fully concluded. Additional resources have been provided to the PSRA in recent times, to assist with the reduction of the complaints arrears. I am advised by the PSRA that it is prioritising the finalisation of the older complaints cases.

Year	Concluded Cases	Being Assessed	Investigation Underway or Awaited	Draft Report in Circulation	Final Report Prepared	Total
2012	56	2	1	1	0	60
2013	171	6	19	1	3	200
2014	199	21	35	1	1	257
2015	162	18	23	3	3	209
2016	120	55	33	0	1	209
Total 2012-2016	708	102	111	6	8	935

Court Accommodation Refurbishment

Questions (109)

Willie Penrose

Question:

109. Deputy Willie Penrose asked the Tánaiste and Minister for Justice and Equality the likely date for the reopening of Mullingar courthouse following its significant refurbishment and renewal; and if she will make a statement on the matter. [2844/17]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will be aware, 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.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that Mullingar Courthouse is being extended and refurbished as part of a major courthouse investment project that will also see new or refurbished courthouses delivered at Drogheda, Cork, Limerick, Wexford, Waterford and Letterkenny during 2017. The entire project is being delivered by way of Public Private Partnership and will provide significantly enhanced court accommodation and facilities for all court users at these locations.

Construction and refurbishment work in relation to Mullingar Courthouse is due to finish by the end of November 2017 and the Courts Service has advised that it intends that court sittings would resume at the refurbished courthouse shortly thereafter.

Visa Applications

Questions (110)

Jim O'Callaghan

Question:

110. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the reason the processing of de facto visas may take up to six months whereas applications for other visas, such as employment visas, can often be processed within three weeks, with appeals for de facto visas taking approximately six months to process; the reason applications for de facto visa cannot be started from abroad before coming here; and if she will make a statement on the matter. [2846/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of De Facto Partner Permission applications may take up to six months due to the increase in volume of applications over the past year. Each case must be examined on its merits. I can inform the Deputy that appeals for De Facto Partner Permission applications are generally at present dealt with within three months of receipt.

The De Facto Partner scheme is an administrative scheme whereby an applicant must be resident in the State under another permission before applying for permission to remain on the basis of a De Facto relationship which is akin to marriage. Applications are not accepted from persons who are not legally resident in the State at the time of application.

Queries in relation to the status of individual immigration cases may be made directly to INIS by email 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 email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Prisoner Data

Questions (111)

Éamon Ó Cuív

Question:

111. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality the number of life sentence prisoners committed to prison in 2016; the number of prisoners released from prison; the number recalled to prison; and if she will make a statement on the matter. [2861/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am informed by the Irish Prison Service that a total of 16 life sentenced prisoners were committed to prison in 2016. I am also informed that a total of 7 life sentence prisoners were released into the community in 2016 and 4 life sentenced prisoners were recalled to prison in 2016.

Life sentenced prisoners who are released into the community continue to serve their sentences and are subject to a number of stringent conditions. While in the community, a life sentenced prisoner will be on reviewable temporary release under the supervision of the Probation Service. Reviewable temporary release is where a prisoner is granted a specific period of temporary release from prison. This can be at varying intervals, for example, weekly, monthly or annually. The period of release is reviewed when the prisoner returns to prison and a decision is made whether to refuse or grant a further period of reviewable temporary release.

The Probation Service provide progress reports to the Irish Prison Service outlining resettlement and reintegration progress and will report on any risk management concerns a Life Sentenced prisoner may present. Where it is reported to the Irish Prison Service that the prisoner in the community is failing to abide by the conditions of their release, that person may be refused a further period of temporary release and be taken back into custody.

Prisoner Data

Questions (112)

Éamon Ó Cuív

Question:

112. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality the average length of time life sentence prisoners served in prison prior to their release in 2016; the total number of life sentence prisoners in custody; the total number of life sentence prisoners on release in the community at the end of 2016; and if she will make a statement on the matter. [2862/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am informed by the Irish Prison Service that a total of 7 life sentenced prisoners were released into the community in 2016. The average length of sentence served in custody by these seven prisoners prior to release was approximately 22 years.

On 31 December 2016 there were 352 prisoners in custody serving life sentences. There were a further 83 prisoners serving life sentences in the community on reviewable temporary release under the supervision of the Probation Service.

Life sentenced prisoners who are released into the community continue to serve their sentences and are subject to a number of stringent conditions. While in the community, a life sentenced prisoner will be on reviewable temporary release under the supervision of the Probation Service.

Garda Districts

Questions (113)

Brendan Howlin

Question:

113. Deputy Brendan Howlin asked the Tánaiste and Minister for Justice and Equality her plans for the reinstatement of Gorey Garda station, County Wexford, to full district status; and if she will make a statement on the matter. [2867/17]

Written answers

Tánaiste and Minister for Justice and Equality

The Deputy will appreciate that the Garda Commissioner is primarily responsible for decisions in relation to the distribution of Garda resources and I, as Minister, have no direct role in these matters.

The Deputy will be aware that the Garda District and Station Rationalisation Programme, which was implemented in An Garda Síochána during 2012 and 2013, sought to identify opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within An Garda Síochána. The review concluded that a revised district and station network commensurate with the organisation's resource base would best meet public demand. On foot of the Programme, some 139 Garda stations were closed and some 32 districts were amalgamated to create 16 enlarged districts.

As part of this process, in November 2013, the Gorey District was amalgamated with the Enniscorthy District resulting in an enlarged Enniscorthy District and I am informed that no station within the former Gorey District was closed. I have been advised by the Garda authorities that the District Officer at Enniscorthy, in conjunction with the Inspector at Gorey, ensure that the policing arrangements within the Gorey area are effectively managed on an ongoing basis and there is no diminution in the policing service provided within the context of existing available resources in the Gorey area.

Local Garda Management also continues to closely monitor the allocation of resources to ensure that optimum use is made of Garda resources and the best possible policing service continues to be provided to the public and this situation will be kept under review.

The Programme for a Partnership Government recognises that community policing is the embodiment of An Garda Síochána, providing a means of recognising that every community, both urban and rural, has its own concerns and expectations. It commits the Government to ensuring visible, effective and responsive policing in every community, including the most minimal response times possible. In support of this, the Policing Authority has been asked to oversee a review of, among other things, the dispersement of Garda stations in rural areas, and in developing urban and suburban areas, with a view to ensuring both an efficient and optimum geographical distribution of stations and minimal response times, including taking account of station closures since 2012.

While I welcome the beneficial outcomes that have accrued to An Garda Síochána arising from the District and Station Rationalisation Programme, the Programme for Government recognises that there is a need for a review along the lines that I have outlined above.

Leave to Remain

Questions (114)

Bernard Durkan

Question:

114. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 128 of 17 January 2017, if she will outline the decision reached in the case of persons (details supplied); and if she will make a statement on the matter. [2872/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was issued a decision letter in relation to their application for De Facto Partner Permission on 20/12/2016. The person concerned was also issued temporary permission to remain in the State on Stamp 4 conditions for twelve months.

Queries in relation to the status of individual immigration cases may be made directly to INIS by email 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 email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Garda Deployment

Questions (115)

Thomas P. Broughan

Question:

115. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the additional personnel and specialist equipment that will be allocated to the Garda national bureau of criminal investigation, the Garda national technical bureau and the Garda national protective services bureau, respectively, in 2017; and if she will make a statement on the matter. [2880/17]

Written answers

Tánaiste and Minister for Justice and Equality

As 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 the Garda National Bureau of Criminal Investigation, the Garda National Technical Bureau and the Garda National Protective Services Bureau are part of Special Crime Operations. As of 31 November 2016, the latest date for which figures are available, there were 45 members and 4 Civilians attached to the Garda National Bureau of Criminal Investigation; 72 members, 15 civilians and 3 photographers attached to the Garda National Technical Bureau; and 30 members and 7 Civilians attached to the Garda National Protective Services Bureau.

In addition, I am informed that the Commissioner has recently held competitions to fill vacancies for members in Garda Special Crime Operations and the needs of the Garda National Bureau of Criminal Investigation, the Garda National Technical Bureau and the Garda National Protective Services Bureau will be considered when assigning successful candidates from these competitions.

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, 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 the organisation including the specialist units.

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 benefit all areas of Garda activity including the Garda National Bureau of Criminal Investigation, the Garda National Technical Bureau and the Garda National Protective Services Bureau.

Citizenship Applications

Questions (116)

Bernard Durkan

Question:

116. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [2885/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that correspondence issued to the person referred to by the Deputy on two occasions requesting certain information in relation to her application for a certificate of naturalisation. As this information was not received the application was deemed ineligible and the applicant was informed of this in a letter which issued on 21 December 2016.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.

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.

Citizenship Applications

Questions (117)

Bernard Durkan

Question:

117. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [2888/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation from the person referred to by the Deputy was deemed ineligible for reasons provided to the person concerned in a letter issued on 21 April 2016.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.

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.

Leave to Remain

Questions (118)

Bernard Durkan

Question:

118. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the documentation outstanding regarding an application for leave to remain in the case of a person (details supplied); and if she will make a statement on the matter. [2894/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned 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 30 September, 2015, and the position is still the same as was set out in my reply to Parliamentary Question No. 188 of 17th January, 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.