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Tuesday, 31 Jan 2017

Written Answers Nos. 97-113

Garda Deployment

Questions (97)

Catherine Connolly

Question:

97. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality the measures her Department is taking to ensure that gardaí have the necessary resources to combat and deal with rural crime in view of the increased number of robberies taking place in the Connemara region; the steps that have been taken to deal with this issue; the plans in place in this regard; and if she will make a statement on the matter. [3859/17]

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Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources. I am informed by the Garda Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.

I am very much aware of the damage done to rural communities by organised gangs engaged in burglary and other property crime. This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. In this regard the Deputy will be aware that Operation Thor has been put in place to tackle burglary and related crimes, in both rural and urban areas. It is encouraging to note that since the launch of the operation in November 2015, the burglary figures have shown a significant downward trend. Indeed, the most recent CSO official recorded crime statistics for Q3 of 2016 show a decrease of 31% in burglary for the twelve months ending 30 September 2016 compared to the previous twelve month period. This reflects the success of the concerted Garda drive against crime being implemented under Operation Thor.

It is important we build on this success by ensuring that Garda numbers continue to increase. 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, in the coming years. The Government has put 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 programme of reform which is being implemented in An Garda Síochána. In addition, approximately 300 appointments will be made to the Garda Reserve.

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 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 addressing crime in rural communities such as Connemara.

In addition, An Garda Síochána works in partnership with a wide range of community based groups, including Community Alert and Neighbourhood Watch groups, to support enhanced community safety and with particular regard to the needs of those living in rural areas.

Social Enterprise Sector

Questions (98)

Clare Daly

Question:

98. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her plans in relation to the development of social enterprises across the criminal justice system in view of the established success of such enterprises throughout Europe in securing employment for ex-prisoners and reducing recidivism. [3871/17]

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Written answers

I wish to inform the Deputy that my Department has put in place arrangements to progress the development of social enterprises in the criminal justice sector, recognising the potential value of social enterprises to add value to prison-based and probation activities and to provide an additional form of training, work integration and rehabilitation for ex-offenders.

The concept of social enterprise is to explore possible pathways towards increased employment opportunities for ex-offenders, A workshop hosted by the Probation Service on 5 February 2016, identified the potential to create employment opportunities for ex-offenders through the creation of social enterprises. It also considered what structure was needed to be put in place to exploit such opportunities.

It was agreed at the workshop that a draft Terms of Reference would be prepared for the development and implementation of a strategy to increase employment for ex-offenders through social enterprises and other initiatives and in addition, a Steering Group would be established to oversee the work needed to develop and implement the strategy.

The Steering Group, which is comprised of 6 members at present - three from the Department of Justice and Equality and three from the Social Enterprise and business sector - has been established and has met quarterly, with secretarial support provided by the Care and Rehabilitation Directorate of the Irish Prison Service. Their primary goal is to develop a strategy (and a plan to implement the strategy) to increase employment opportunities for ex-offenders through social enterprise and other related initiatives.

A Project Manager, based at the Probation Service head office, has been appointed to drive the work, reporting to the Steering Group on the implementation of the agreed actions including:

- Assess the current activities and outputs of prisons and identify products and services that could have sustained market potential

- Identify and secure seed funding and the ongoing financial supports needed to sustain any identified social enterprise activities

- Explore the inclusion of social clauses in appropriate public contracts awarded by the Criminal Justice Sector requiring private companies to provide employment to a number of ex-offenders

- Promote the employment of ex-offenders by community-based organisations part-funded by the Criminal Justice Sector

- Further develop employment placement services for ex-offenders with employers

- To pilot the establishment of a farm shop at Loughan House and to consider establishing a Dublin outlet shop in a suitable location

- To pilot a Prison Entrepreneurship Programme in an Irish prison.

I officially opened a social enterprise initiative at Loughan House Open Centre, County Cavan in July 2016, the Loughan House farm shop. This shop is operated by a group of prisoners currently based there under the guidance and oversight of prison management. I am informed by the Irish Prison Service that this pilot initiative has been very successful to date with the active engagement by those in custody there and support from the general public.

Commencement of Legislation

Questions (99)

Kevin O'Keeffe

Question:

99. Deputy Kevin O'Keeffe asked the Tánaiste and Minister for Justice and Equality the timeframe for the commencement of Parts of an Act (details supplied); and if her attention has been drawn to the hardship and complicated process being experienced by persons affected by this Act. [3940/17]

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Written answers

The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015. The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties. It will repeal the Marriage of Lunatics Act 1811 and the Lunacy Regulation (Ireland) Act 1871. The current wards of court system will be phased out.

The Act is being commenced on a phased basis and it is my intention that the new decision-making support options provided for in the Act will be substantially implemented during 2017. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (which is a body under the Department of Health), must be put in place before the substantive provisions of the Act come into force. Careful planning and groundwork, and not just funding, has to be put in place to ensure that the commencement of the Act is correctly, appropriately and effectively handled. My Department is working carefully on this at present in consultation with the Department of Health and the Mental Health Commission. A high-level Steering Group comprised of senior officials from my Department, the Department of Health and the Mental Health Commission is overseeing the establishment and commissioning of the Decision Support Service.

As the Deputy is aware, the Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016), brought some provisions of Part 1 (Preliminary and General) and Part 9 (Director of the Decision Support Service) of the Act into operation on 17 October 2016. These provisions were brought into operation in order to enable the process of recruitment of the Director of the Decision Support Service to begin.

The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives, is a matter for the Minister for Health.

In relation to wards of court, the Act provides that adults currently in wardship will transition to the new decision-making support arrangements provided for in the Act on a phased basis over 3 years from the commencement of Part 6 of the Act. Once Part 6 is operational, each ward will be reviewed by the wardship court in accordance with the new system. A ward who is found to have capacity will be discharged from wardship. A ward who continues to have capacity needs will be discharged from wardship and offered the decision-making support option most appropriate to his or her needs.

Immigration Data

Questions (100)

Thomas Pringle

Question:

100. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality the number of persons of Syrian, Eritrean, Afghan and Iraqi origin who were refused leave to land at points of entry here in 2016; and if she will make a statement on the matter. [3946/17]

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Written answers

I can inform the Deputy that in the period concerned the number of persons refused leave to land at approved ports of entry to the State from the nationalities referred to by the Deputy was as follows: Afghan 178, Eritrean 7, Iraqi 26 and Syrian 37. In respect of the nationalities referred to by the Deputy, a total of 57 sought asylum and were admitted to the State to make a protection application. Information on numbers refused permission to enter the State may be subject to revision over time where individual cases are examined further and the status of some cases may change.

In general a person may be refused leave to land on one, or more, of the grounds set out in Section 4(3) of the Immigration Act 2004 (as amended).

Every person refused leave to land in the State is served with a notice in which the reason, or reasons, for refusing an application for permission to enter the State is set out.

I would advise the Deputy that persons refused leave to land and who are subsequently removed from the State are returned to their point of embarkation, which in most cases is within the EU. I would point out in relation to the countries concerned that no commercial direct flights to Ireland are available from these countries.

Legislative Programme

Questions (101)

Charlie McConalogue

Question:

101. Deputy Charlie McConalogue asked the Tánaiste and Minister for Justice and Equality the position regarding the passage of legislation on sex trafficking; and if she will make a statement on the matter. [3947/17]

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Written answers

There are already a number of offences under Irish law which address the trafficking of persons for the purpose of exploitation (including sexual exploitation) and which can attract significant penalties. Under the Criminal Law (Human Trafficking) Act 2008, any person found guilty of trafficking for the purposes of sexual exploitation shall be liable to imprisonment for a period up to life. It is also an offence for a person to solicit or importune a trafficked person for the purposes of prostitution with a potential penalty of imprisonment for up to 5 years.

In September 2015, I published the Criminal Law (Sexual Offences) Bill 2015, as approved by Government. The Bill provides for two new offences of purchasing sexual services, in the context of prostitution. The purpose of these offences is to target the demand for prostitution. The first is a general offence of paying to engage in sexual activity with a prostitute which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of paying for sexual activity with a trafficked person, in the context of prostitution, and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not commit an offence.

These proposals have been developed following extensive consultation, initiated by my Department, dating back to 2012. The new offences also implement the recommendation of the Joint Oireachtas Committee on Justice, Equality and Defence which called for the introduction of an offence criminalising the purchase of sexual services. Both the Council of Europe and the European Parliament have recognised the effectiveness of the criminalisation of the purchase of sexual services as a tool in the fight against human trafficking.

The Bill has completed all stages in Seanad Éireann and is scheduled for Report Stage in Dáil Éireann on 1 February 2017.

Courts Service

Questions (102)

Clare Daly

Question:

102. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her plans to abolish champerty, which appears to continue in the Irish legal system, although it has been outlawed in most other jurisdictions. [3969/17]

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Written answers

As the Deputy will know, maintenance is the giving of financial assistance or encouragement to a party to litigation by a person who has neither an interest in the litigation nor any motive recognised by the law as justifying interference and champerty is an aggravated form of maintenance as it involves the support of litigation by a non-party in return for a share of the proceeds. The Statute Law Revision Act 2007 specifically retained in existence, in Irish Law, the torts and offences of maintenance and champerty.

Under current law, actions comprising maintenance and/or champerty in Ireland are considered to be contrary to public policy in that inter alia they may assist in the development of a market in legal claims thereby promoting litigation for the benefit of the promoter rather than the litigant and are considered to have the potential to create a substantial injustice to a defendant in an action. Maintenance and champerty are not permitted as a matter of Irish law regardless of the extent of the control exercised over the conduct of the litigation by the funder. As I understand aspects of these matters to be sub judice, I will refrain from any further comment.

At the same time, I am aware that some change has been taking place under the law in other jurisdictions and that this has generated public debate. For example, the torts and crimes of maintenance and champerty were abolished in England and Wales under the Criminal Law Act of 1967 and I am also aware that a number of States in Australia have since followed suit. In contrast, however, I note that New Zealand has favoured the retention of maintenance and champerty, a position which would be more aligned with current public policy in this jurisdiction.

Clearly, any change to public policy in relation to maintenance and champerty would require detailed and balanced consideration. I am, therefore, pleased to note the publication by the Law Reform Commission last June of its Issues Paper on "Contempt of Court and Other Offences and Torts Involving the Administration of Justice". Under Issue 6 of that paper, the Commission has opened up the retention of the crimes and torts of maintenance and champerty to public consultation along with the related question of whether third-party funding of litigation should be permitted. As with any developments before the courts, any report and recommendations made by the Law Reform Commission in relation to maintenance and champerty will be fully considered by my Department and by the Government in due course.

Direct Provision Data

Questions (103)

Mattie McGrath

Question:

103. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality the number of children that have been born to those under the direct provision system since its introduction in 2000; and if she will make a statement on the matter. [4005/17]

View answer

Written answers

The information requested by the Deputy is not readily available as it is not collated by either this Department or the Registrar General of Births Deaths and Marriages.

Residency Permits

Questions (104)

Bernard Durkan

Question:

104. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 60 of 19 January 2017, the detail of the stamp currently held by a person (details supplied); and if she will make a statement on the matter. [4024/17]

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Written answers

As advised in my reply to the Deputy's recent PQ on this matter, the person concerned currently holds residency and should be aware of his or her position. If it is the case that he or she is unsure as to the precise nature of this status, he or she should contact the Burgh Quay Registration Office of the Irish Naturalisation and Immigration Service (INIS) of my Department to confirm.

The Deputy may wish to note that queries in relation to the status of individual 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 should 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

Asylum Support Services

Questions (105)

Clare Daly

Question:

105. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of persons that made their application for protection three, four and more than five years ago and are currently in the protection process, at the leave to remain stage, or at the deportation stage in view of the commencement of the International Protection Act 2015. [4033/17]

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Written answers

The International Protection Act 2015 was commenced on December 31st last. This involved significant new processes being developed, engagement with stake-holders and the setting up of a new International Protection Office. A new International Protection Appeals Tribunal has also been established. This has involved a period of considerable change for these institutions, their staff and for applicants in the the old process who may now be dealt with under the new procedures. The single applications procedure brings Ireland in line with the practice of all other EU Member States.

As part of the implementation process, new information technology systems have been put in place and data migrated from older systems. This data is currently being checked taking into account the transition arrangements specified in the new legislation. Accordingly, the figures requested by the Deputy are not immediately to hand. The new International Protection Office is making direct contact with every applicant on record, to inform them of the changes that may impact on their applications and to confirm the status of their application. Once the new systems beds in, I will provide the Deputy with the figures requested.

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

Schengen Agreement

Questions (106, 107)

Declan Breathnach

Question:

106. Deputy Declan Breathnach asked the Tánaiste and Minister for Justice and Equality the timeframe for Ireland's access to the Schengen information system; and if she will make a statement on the matter. [4053/17]

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Declan Breathnach

Question:

107. Deputy Declan Breathnach asked the Tánaiste and Minister for Justice and Equality if her Department has reassessed protocols regarding the exchange of information on the Schengen information system between the UK and Ireland post-Brexit; and if she will make a statement on the matter. [4054/17]

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Written answers

I propose to take Questions Nos. 106 and 107 together.

I am pleased to inform the Deputy that in December 2016, An Garda Síochána entered a contract with a preferred tenderer for the development of a custom-built ICT package to link Ireland to the second generation Schengen Information System (SIS II). The development work up to acceptance testing and associated user training is expected to be completed during 2018. This will be followed by EU evaluations, which must be successfully completed and are expected to take a number of months.

As Ireland has not yet joined SIS, there is no SIS-based information exchange with the UK, although there are well-established channels for information exchange, including in particular with the Police Service of Northern Ireland (PSNI). In advance of the commencement of the Brexit negotiations, it is too early to speculate on the architecture of crime and security cooperation between the UK and EU post-Brexit.

Deportation Orders Re-examination

Questions (108)

Bernard Durkan

Question:

108. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which appeals in the cases of decisions to deport and subsequent appeals have been successful in each of the past three years to date; and if she will make a statement on the matter. [4055/17]

View answer

Written answers

I wish to inform the Deputy that like all countries Ireland is required to manage immigration into the State and, where appropriate, to deport people who do not have a right to be here. A decision to deport a person is never taken lightly. Only persons who are illegally present in the State fall within the scope to be considered for deportation.

It should be noted 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.

One of the aforementioned avenues of appeal is to apply to me for revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act 1999, as amended. However, this option is only applicable if there has been a change in the circumstances of the person concerned, or new information has come to light which has a direct bearing on the particular case. It should be borne in mind that such an application requires substantial grounds to be successful.

Statistics are not maintained in relation to the number of successful appeals pursuant to the provisions of Section 3 (11) of the Immigration Act 1999, as amended.

Deportation Orders Data

Questions (109)

John Curran

Question:

109. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality the number of deportation orders that existed at the start of 2016 and 2017, respectively; the number of persons deported during 2016; the amount it cost to deport them; and the top country of origin for deportations. [4065/17]

View answer

Written answers

I wish to inform the Deputy that like all countries Ireland is required to manage immigration into the State and, where appropriate, to deport people who do not have a right to be here. A decision to deport a person is never taken lightly. Only persons who are illegally present in the State fall within the scope to be considered for deportation.

It should be noted 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.

There were 1195 Deportation Orders signed in 2016 and 61 have been signed so far in 2017. 428 persons were deported in 2016 and the flight costs for those deportations was EUR 698,814.28.

The top 5 countries for deportation by nationality in 2016 were:

(1) Nigeria

(2) China (incl. Hong Kong)

(3) Ghana

(4) Brazil

(5) Albania and South Africa

Valuation Office

Questions (110)

Barry Cowen

Question:

110. Deputy Barry Cowen asked the Tánaiste and Minister for Justice and Equality when the Valuations Office will publish the results or a summary of its countywide valuations that it has undertaken in counties Kildare, Leitrim, Longford, Offaly, Roscommon, Sligo and Westmeath; and if her attention has been drawn to reported instances in which businesses in these counties have received valuations that would have the effect of substantially increasing their commercial rates bill. [4233/17]

View answer

Written answers

I can inform the Deputy that the Commissioner of Valuation is independent in the exercise of his functions under the Valuation Acts 2001-2015 and the making of valuations for rating purposes is his sole responsibility. I, as Minister for Justice and Equality, have no function in decisions in this regard. Having a modern valuation base, which takes account of contemporary rents and current market circumstances, is very important for the levying of business rates on a fair and equitable basis. This has been the policy of successive Governments for many years and is the express purpose of the National Revaluation Programme being rolled out by the Valuation Office. The current phase of this programme is known as "REVAL 2017" and covers the revaluation of all rateable properties in Counties Longford, Leitrim, Roscommon, Westmeath, Offaly, Kildare, Sligo, Carlow and Kilkenny, where a revaluation is being undertaken for the first time since the nineteenth century. It also includes the second revaluation of South Dublin Country Council. The revaluation in these counties will be completed in September 2017 and will become effective for rating purposes from 2018 onwards.

While the current phase of revaluation is a work in progress, the first significant milestone was reached this month with the issue of certificates of proposed valuation on 12 January 2017 to all ratepayers in counties Longford, Roscommon and Westmeath. Similarly, certificates of proposed valuation issued to all ratepayers in County Leitrim on 19 January 2017. As regards the revaluation in the five remaining counties - Kildare, Offaly, Sligo, Carlow and Kilkenny - of the current phase, I am advised that work has reached an advanced stage and proposed valuation certificates will issue to ratepayers in those counties during March 2017. In the case of the second revaluation of South Dublin, which is running in parallel to the revaluation in the nine rural counties, proposed valuation certificates are expected to issue in April 2017.

I understand that, as part of its regular engagement with ratepayers during a revaluation, the Valuation Office has put arrangements in place to assist ratepayers who may have a concern in relation to the valuation that has been placed on their property. This includes a telephone helpline and detailed information is also available on the Valuation Office's website, www.valoff.ie. Arrangements have also been put in place to run an advertising campaign in the local press and on local radio to inform ratepayers of walk-in clinics that have been arranged in the County Council offices in counties Leitrim, Longford, Roscommon and Westmeath. Similar information campaigns will be undertaken when the certificate of proposed valuation is being issued to ratepayers in the other counties included in this phase of the revaluation programme.

I am advised by the Valuation Office that in some instances the valuation of certain properties would have increased to some degree, this would be due to the individual circumstances of the properties concerned. The experience of the most recent revaluations conducted to date in other local authority areas by the Valuation Office has indicated that about 60% of ratepayers had the valuation of their property reduced and about 40% had an increase, a pattern which is expected to be replicated when the final certificates of valuation, under the current phase of the programme, are issued in September 2017.

There is an extensive system of redress available to those ratepayers who are dissatisfied with the proposed valuations or with any particular on the certificate relating to their property. In this regard, a dissatisfied person can make representations to the Valuation Office within 40 days of the date of issue of the certificate. The Valuation Office will consider the representations and may or may not change the proposed valuation depending on the circumstances of each individual property.

A certificate of final valuation will issue to each ratepayer in September 2017 and the valuation shown on the certificate will be used as the basis for the assessment of rates by the local authority with effect from 1 January 2018. It is important to note that if a ratepayer is still dissatisfied with the valuation on the final certificate, they have a right to lodge a formal appeal with the Valuation Tribunal, which is an independent statutory tribunal established for the purpose of hearing appeals against decisions of the Commissioner of Valuation.

Garda Deployment

Questions (111)

Eugene Murphy

Question:

111. Deputy Eugene Murphy asked the Tánaiste and Minister for Justice and Equality the necessary criteria in order to be considered eligible for a transfer within An Garda Síochána (details supplied); and if she will make a statement on the matter. [4350/17]

View answer

Written answers

Under the Garda Síochána Act 2005 it is the Garda Commissioner who is responsible for the distribution of all resources, including personnel, and I, as Minister, have no direct role in the matter.

I am informed by the Garda Commissioner that it is Garda policy that all transfer applications are kept under review. I understand that transfers of Garda personnel are determined by a number of factors including population, crime trends and as the policing needs of each individual Division dictate. This ensures that the optimum use is made of Garda resources and that the best possible Garda service is provided to the general public.

Private Security Industry Regulation

Questions (112)

Seán Fleming

Question:

112. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality when the Private Security Appeals Board will be established; and if she will make a statement on the matter. [4356/17]

View answer

Written answers

As the Deputy will appreciate, all appointments to the Private Security Appeals Board are made by the Government in accordance with the provisions of Schedule 2 to the Private Security Services Act 2004. The necessary arrangements to put in place a new Board are currently being finalised. Expressions of interest were invited from suitably qualified candidates for appointment to the Private Security Appeals Board via the stateboards.ie webpage, in accordance with the Guidelines on Appointments to State Boards. The process for the selection of candidates is now being finalised and I intend to bring nominations for appointment to the Board to the Government in the near future.

Communications Surveillance

Questions (113)

Robert Troy

Question:

113. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality the proposed changes to the legislation in respect of electronic communications with reference to the interception of postal packets and telecommunications messages (regulation) (amendment) Bill. [4376/17]

View answer

Written answers

In June 2016, the Government approved proposals to draft a number of amendments to the Interception of Postal Packets and Telecommunications (Regulation) Act 1993 and other associated legislation. The proposed amendments are currently being drafted by the Office of the Parliamentary Counsel.

The primary purpose of the proposed changes is to expand the scope of lawful interception to include more modern forms of communication. In the years since enactment of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993, the nature of electronic communications has changed significantly. The proposed amendments will provide a clear, legislative basis for the interception of internet-based forms of communication under the same conditions and safeguards as currently apply. The legislation will remain targeted and proportionate and will ensure that lawful interception remains a valuable tool in the fight against organised crime and terrorism. In addition to domestic requirements, the current state of the law in this area impacts on the ability to fully meet international obligations under Part 3 of the Criminal Justice (Mutual Assistance) Act 2008 and the legislative amendments proposed will remedy this.

The proposals also provide for consequential amendments that arise to the Postal and Telecommunications Services Act 1983. It is also proposed to bring forward amendments to the Criminal Justice (Surveillance) Act 2009 in order to enhance the technical ability of the relevant authorities to identify communications devices in use by individuals suspected of involvement in serious crime and terrorism.

Officials in my Department has been in consultation with industry professionals and civil society organisations to ensure that we develop legislation that is not only robust and effective, but also proportionate in terms of its scope, and which is mindful of the legitimate concerns of those affected by it.

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