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Tuesday, 7 Feb 2017

Written Replies Nos. 120 to 145

Garda Deployment

Questions (120)

Darragh O'Brien

Question:

120. Deputy Darragh O'Brien asked the Tánaiste and Minister for Justice and Equality the Garda numbers in the district of Balbriggan, County Dublin, for each of the years 2010 to 2016; and if she will make a statement on the matter. [5600/17]

View answer

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.

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. This year, 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.

I am informed by the Garda Commissioner that since the reopening of the Garda College in September 2014, 838 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am also informed by the Commissioner that another 750 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of protected retirements, increasing 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 all Garda Divisions including the Dublin Metropolitan Region (DMR) North Division.

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.

For the Deputy's information I have set out in the table the Garda strength of the Balbriggan Garda District, for each of the years 2010 to 2016 as advised by the Commissioner.

Strength of Balbriggan Garda District 2010 - 2016

2010

94

2011

95

2012

90

2013

86

2014

83

2015

85

2016

90

Garda Deployment

Questions (121)

Darragh O'Brien

Question:

121. Deputy Darragh O'Brien asked the Tánaiste and Minister for Justice and Equality the Garda numbers in each division in the Dublin Metropolitan Region, DMR, for each of the years 2010 to 2016; and if she will make a statement on the matter. [5601/17]

View answer

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. 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. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division

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. This year, 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.

I am informed by the Garda Commissioner that since the reopening of the Garda College in September 2014, 838 recruits have attested as members of An Garda Síochána of whom 393 attested in 2016. I am informed by the Commissioner that another 750 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increasing 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 all Garda Divisions including those in the Dublin Metropolitan Region (DMR).

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.

For the Deputy's information I have set out in the table the strength of each Division in the DMR for each of the years 2010 to 2016.

DUBLIN METROPOLITAN REGION 2010 - 2016

2010

2011

2012

2013

2014

2015

2016

D.M.R. EAST

473

452

420

407

388

377

376

D.M.R. NORTH

803

779

744

714

681

668

676

D.M.R. NORTH CENTRAL

693

660

654

624

607

590

612

D.M.R. SOUTH

632

605

588

569

549

541

549

D.M.R. SOUTH CENTRAL

771

735

700

686

642

627

630

D.M.R. WEST

788

771

744

717

699

688

673

TOTAL

4160

4002

3850

3717

3566

3491

3516

Brexit Issues

Questions (122)

Martin Kenny

Question:

122. Deputy Martin Kenny asked the Tánaiste and Minister for Justice and Equality the estimated cost of policing a hard Border after Brexit; and if she will make a statement on the matter. [5605/17]

View answer

Written answers

Both the Irish and British Governments have made it clear that it is their wish to maintain the Common Travel Area arrangements after the UK leaves the European Union. Both Governments have also expressed their commitment to ensuring there is no return to a so-called 'hard border' between both parts of the Island. This position was further reinforced at the recent summit between An Taoiseach and Prime Minister May and in the recent White Paper published by the UK Government. Indeed, only yesterday I had separate follow up meetings with the Home Secretary and the Secretary of State for Northern Ireland when we reaffirmed our commitment to maintaining the Common Travel Area. The importance of maintaining the Common Travel Area has also been highlighted through extensive engagement at political and diplomatic level with other EU Member States and with the Commission Negotiation Team.

The Deputy will appreciate, given that negotiations on the UK's exit from the EU have not yet begun, that it would be premature to consider what costs, if any, might arise in relation to this matter and indeed somewhat discordant given the stated position of both Governments to avoid such an outcome.

Naturally, while we will continue to maintain and enhance cooperation with the UK in relation to general immigration and border enforcement, Ireland of course remains a committed member of the European Union and will continue to uphold the right of free movement for all EU citizens after the UK leaves the Union.

Courts Staff

Questions (123)

Mattie McGrath

Question:

123. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality if she will clarify the legislative basis for enabling county registrars to act in the place of a judge when adjudicating on cases of home repossessions or evictions; the qualifications a county registrar must have to fulfil this duty; the financial remuneration given to county registrars for each individual repossession or eviction order given; and if she will make a statement on the matter. [5651/17]

View answer

Written answers

County Registrars are officers of the court and are independent in the exercise of their functions and duties under statute and rules of court. The legislative basis for a County Registrar to make orders is provided under section 34(1) of the Court and Court Officers Act 1995 which states as follows:

"Without prejudice to any powers, authorities, duties or functions that may be exercised by or conferred by statute or by rules of court on a County Registrar, a County Registrar may make any of the orders mentioned in the Second Schedule of this Act."

Paragraphs (xxxiii) and (xxxiv) of the Second Schedule to the Court and Court Officers Act 1995, as inserted by section 22 of the Courts and Court Officers Act 2002, are the relevant orders and state as follows:

"(xxxiii) An order for possession of any land within the meaning of section 3 of the Registration of Title Act, 1964, in proceedings for an application under section 62(7) of that Act in which an appearance has not been entered or a defence has not been delivered.

(xxxiv) An order for the recovery of possession of any land on foot of a legal mortgage or charge in proceedings in which no other relief is claimed and an appearance has not been entered or a defence has not been delivered."

As a matter of law, a County Registrar may only make an order for possession of any land in cases where no defence to an action for possession has been delivered by the defendant or no appearance has been entered by the defendant. Therefore the power of a County Registrar as regards making possession orders is extremely limited and where any defence is raised by the defendant, the matter must, when it is in order for hearing, be transferred by the County Registrar to the judge’s list at the first opportunity. At that point it would be a matter for the judge to consider any such issues raised. In addition, all orders of a County Registrar are subject to appeal to the Circuit Court.

In order to be eligible for appointment as a County Registrar, the person must be a solicitor or a barrister of not less than eight years standing who is currently practising or has previously practised for not less than eight years. No financial remuneration is given to a County Registrar in respect of individual orders made as County Registrars are officers of the court and are employed on a full time salaried basis.

Sheriffs enforce judgments in counties Cork and Dublin while County Registrars (acting as Sheriffs) enforce them in all other places. Sheriffs are appointed by Government under Section 12(3)(a) of Court Officers Act 1945 and are self-employed people who are paid for their enforcement work on a commission basis through a system called 'poundage'. The relevant fees for this work are set out in the Sheriff’s Fees and Expenses Order (SI 644/2005), made under the Enforcement of Court Orders Act 1926, which provides for various fixed fees and a scale of fees related to the amount involved.

The Sheriff (or County Registrar acting as Sheriff) is responsible to the Court for the Enforcement of the Court Orders and the law and procedures governing the execution of Court Orders is contained in the Enforcement of Court Orders Acts, 1926 to 1940 and the Rules of Court made thereunder, and I wish to inform the Deputy that I have no operational function in this matter.

Courts Service

Questions (124)

Mattie McGrath

Question:

124. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality if she will investigate court transcripts (details supplied) to verify or reject claims that a county registrar presiding over a case of mortgage distress indicated to the person involved that failure to meet their mortgage repayments would result in the removal of their children; and if she will make a statement on the matter. [5653/17]

View answer

Written answers

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that County Registrars are independent in the exercise of their functions and duties under statute and rules of court and that the conduct of, and decisions made in, a County Registrar's Court is a matter entirely for the presiding County Registrar. It is also the case that all orders of a County Registrar are subject to appeal to the Circuit Court.

Legislative Measures

Questions (125)

Mattie McGrath

Question:

125. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality the status of the programme for Government commitment to publish legislation on the regulation of the sale and purchase of precious metals; and if she will make a statement on the matter. [5664/17]

View answer

Written answers

As the Deputy is aware, my Department undertook a consultation process on this issue seeking the views of interested parties. A total of 6 submissions were received and on the basis of these submissions and having regard to the policy options set out in the consultation document I will introduce a proportionate legislative response. This may include, inter alia, a system of registration, regulatory provisions regarding the purchase of precious metals and stones, powers for An Garda Síochána and penalties for non-compliance.

My Department is engaging with An Garda Síochána at present to obtain their views on how best to implement this recommended course of action. This will be followed by a process of consultation with An Garda Síochána and other relevant Departments/Agencies as appropriate. The Deputy and other interested parties will be afforded the opportunity to contribute to the process in advance of the publication of legislation.

Garda Investigations

Questions (126, 127, 128)

Clare Daly

Question:

126. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the recourse or complaints mechanism available to a person in circumstances where a foreign undercover police operative engaged that person in intimate relations while working undercover here but did not reveal their true identity or the fact that they were working undercover. [5719/17]

View answer

Clare Daly

Question:

127. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the legal basis upon which foreign undercover police operatives may engage in covert recording or surveillance of persons here as part of an official police investigation under the aegis of a foreign police force. [5720/17]

View answer

Clare Daly

Question:

128. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question Nos. 23 to 29, 63, 81 to 83 and 112 of 16 September 2016, the standard operating procedure to be followed by gardaí in a circumstance in which allegations are made and evidence is presented to them that a foreign undercover police operative has engaged in agent provocateur activities here. [5721/17]

View answer

Written answers

I propose to take Questions Nos. 126 to 128, inclusive, together.

In response to previous Questions relating to these matters I have set out the position in respect of a range of issues raised.

It is a function of An Garda Síochána to investigate crime and in the event that credible evidence is advanced to or uncovered by An Garda Síochána that a criminal offence has been committed the matter would be pursued fully in accordance with the law in the normal manner. Following any criminal investigation it would be a matter for the Director of Public Prosecutions to determine whether charges are warranted in any given case. The fact or consequences of behaviour that may be considered undesirable or of an intimate nature are not matters for criminal investigation by the Garda Authorities in circumstances where no offence is disclosed.

It will be appreciated also that there are statutory mechanisms in place to deal with complaints about the conduct of members of An Garda Síochána. The Deputy will understand that the remit of the Garda Síochána Ombudsman Commission in this regard extends to An Garda Síochána and it has no role in respect of police services in other jurisdictions.

I have also made clear previously that there is no question of a police officer from outside the jurisdiction exercising police powers here. That is to say, an officer from a police service other than An Garda Síochána cannot exercise the powers available to members of An Garda Síochána in respect of fulfilling the functions for which they have responsibility under the Garda Síochána Acts. The Criminal Justice (Surveillance) Act 2009 provides the legal basis for covert surveillance measures and it sets out in clear terms by whom, to whom and the parameters within which authorisations may be sought for conducting covert surveillance. The powers under the 2009 Act are available only to An Garda Síochána, the Defence Forces, the Revenue Commissioners and the Garda Síochána Ombudsman Commission.

The 2009 Act provides for a complaints procedure by which persons who believe that they may be the subject of an authorisation under the Act can bring a complaint to the Complaints Referee - a Judge of the Circuit Court - for investigation to establish whether there has been a contravention of the Act. The Complaints Referee is independent in the exercise of his functions.

Parental Leave

Questions (129)

Róisín Shortall

Question:

129. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality the number of persons that availed of unpaid parental leave in each of the past 10 years. [5733/17]

View answer

Written answers

The information sought by the Deputy is set out in the table below. The table indicates the number of people in the Department of Justice and Equality availing of unpaid parental leave in the years 2004-2016.

Year

Number

2004

2

2005

14

2006

92

2007

88

2008

80

2009

94

2010

102

2011

101

2012

110

2013

132

2014

170

2015

174

2016

188

Total

1347

Courts Service

Questions (130)

Clare Daly

Question:

130. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 105 of 25 January 2017, if her attention or that of her officials was drawn to reliability issues with digital audio recording, DAR, evidence by court users which might clarify if that system was updated in July 2016; and if she will make a statement on the matter. [5780/17]

View answer

Written answers

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that there are no known reliability issues in relation to the Digital Audio Recording (DAR) system. The planned refinement process for DAR, which commenced in July 2016, involves a technology refresh for the system to bring both hardware and software up-to-date. All recording units (PCs) in court will be replaced with new PCs and the latest version of recording, playback and note-taking software over the next two years. This process commenced in December 2016, with new systems installed in the Criminal Courts of Justice and the Four Courts, and will be completed in 2018.

Garda Deployment

Questions (131)

Denise Mitchell

Question:

131. Deputy Denise Mitchell asked the Tánaiste and Minister for Justice and Equality her plans to increase the number of gardaí in Garda stations (details supplied); and if she will make a statement on the matter. [5850/17]

View answer

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. 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. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division

Santry and Ballymun Garda Stations are part of Dublin Metropolitan Region (DMR) North Division. I am informed by the Commissioner, that on 31 December 2016, the latest date for which figures which are readily available, that Division had a total Garda strength of 612. I am further informed that the Garda strength of the Ballymun and Santry Garda Stations on the same date was 117 and 81 respectively. There are also 10 Garda Reserves and 10 civilians attached to the Ballymun Garda Station and 9 Garda Reserves and 3 civilians attached to Santry Garda Station. When appropriate, the work of the Division is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised 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. This year, 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.

I am informed by the Garda Commissioner that since the reopening of the Garda College in September 2014, 838 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am also informed by the Commissioner that another 750 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase 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 all Garda Divisions, including the DMR North Division.

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.

Question No. 132 answered with Question No. 99.

Visa Data

Questions (133, 140)

Thomas Pringle

Question:

133. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality the number of visas granted in 2016 to citizens of Syria, Libya, Iran, Iraq, Yemen, Somalia and Sudan; the number of persons from each of these countries that were refused leave to land; the number that returned to the country of origin or another third country; and if she will make a statement on the matter. [5882/17]

View answer

Richard Boyd Barrett

Question:

140. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the number of Libyans, Syrians, Iranians, Iraqis, Yemenis, Sudanese and Somalis that have been issued with visas to Ireland in the past two years. [6011/17]

View answer

Written answers

I propose to take Questions Nos. 133 and 140 together.

The number of visas approved for 2015 to 2016 is set out in the table:

Year

Number

2004

2

2005

14

2006

92

2007

88

2008

80

2009

94

2010

102

2011

101

2012

110

2013

132

2014

170

2015

174

2016

188

Total

1347

I am also advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the number of persons refused leave to land in 2016 at approved ports of entry to the State from the nationalities referred to by the Deputy were as follows:- Iran 46; Iraq 26; Libya 10; Somalia 53; Sudan 47; Syria 37; and Yemen 7. In respect of the nationalities referred to by the Deputies, a total of 53 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.

Closed-Circuit Television Systems Provision

Questions (134)

Catherine Connolly

Question:

134. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 97 of 31 January 2017 and as per action No. 60 in the Action Plan for Rural Development, the procedure for applying for the new community CCTV grant aid scheme; the persons or bodies that may apply; the criteria considered for inclusion in the scheme; and if she will make a statement on the matter. [5883/17]

View answer

Written answers

I am very conscious of the value that communities, especially rural communities, place on CCTV as a means of deterring crime and assisting in the detection of offenders.

The Deputy will be aware that the Programme for a Partnership Government commits to providing investment in CCTV systems and that I have secured €1 million in Budget 2017 to begin a new round of community CCTV schemes in line with the Programme.

My Department is currently developing a framework for the scheme and, while applications are not being invited or considered at this time, I expect to make an announcement in due course.

Crime Investigation

Questions (135)

Jonathan O'Brien

Question:

135. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 70 of 2 November 2016 (details supplied), if she has received any update from the serious crime review team or the Garda Commissioner; the date on which the team is due to complete its examination; and if she will make a statement on the matter. [5886/17]

View answer

Written answers

As the Deputy will recall, the Garda Commissioner requested the Serious Crime Review Team (SCRT) to examine the case in question, as a matter of priority, ensuring that all avenues of enquiry are fully explored and addressed. The Deputy will appreciate that the management of particular Garda investigations are matters in the first instance for the Garda authorities and I have no direct role in this regard. In this context it is not open to me to set a particular timeline for the work which the SCRT is undertaking.

However, I am advised by the Garda authorities that, as part of its work, the SCRT is reviewing the information collected by An Garda Síochána in relation to the case over the last 39 years and has interviewed a number of persons and examined and surveyed a number of places. I am further advised that at the conclusion of each review undertaken by the SCRT a substantive report is provided to assist in the consideration of opportunities for further investigation.

I expect to receive a further update on the case from the Garda authorities after the SCRT completes its examination.

Equality Legislation

Questions (136)

Thomas P. Broughan

Question:

136. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the legislative provisions that will be made to ensure that persons with disabilities have equal and effective legal protection against discrimination on all grounds (details supplied); and if she will make a statement on the matter. [5906/17]

View answer

Written answers

We have comprehensive and robust equality legislation in place (namely the Employment Equality Acts 1998 - 2015 and the Equal Status Acts 2000 – 2015) which prohibits discrimination on nine specified grounds including that of disability. The legislation is designed to promote equality and to prohibit discrimination (direct, indirect and by association) and victimisation; it also allows for positive measures to ensure full equality across the nine grounds.

The Employment Equality Acts 1998–2011 outlaw discrimination at work including recruitment and promotion, equal pay, working conditions, training or experience, dismissal and harassment including sexual harassment. The Equal Status Acts 2000–2012 outlaw discrimination outside the workplace, in particular in the provision of goods and services, selling, renting or leasing property, and certain aspects of education. Equality legislation also provides for remedies for those who have suffered discrimination. The Workplace Relations Commission (formerly the Equality Tribunal) adjudicates or mediates claims of unlawful discrimination under equality legislation.

The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015. When commenced, the Act will provide a modern statutory framework to support decision-making by adults with capacity difficulties. Ireland’s equality legislation is constantly kept under review and amended as necessary. In particular in this instance, I would also draw the Deputy's attention to the proposed amendment to the section 4 of the Equal Status Acts contained in the Disability (Miscellaneous Provisions) Bill 2016 in relation to reasonable accommodation.

EU Directives

Questions (137)

Róisín Shortall

Question:

137. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality the steps she has taken to implement Article 22 of EU Directive 2012/29/EU; and if she will make a statement on the matter. [5935/17]

View answer

Written answers

Article 22 of EU Directive 2012/29/EU (the EU Victims Directive) provides that each victim of crime will receive an individual assessment to establish if they have protection needs and if they would benefit from special measures during criminal investigations or court proceedings as outlined in Articles 23 and 24 of the Directive.

Administrative measures to implement the Victims Directive are in place by the criminal justice agencies. In the case of Article 22 assessments I understand that An Garda Síochána have made changes to their computer system to facilitate the making of the assessment of individual victims.

The Victims of Crime Bill which was published on 29 December, 2016 will, when enacted, give statutory underpinning to the assessment of victims. I am committed to having that Bill enacted as soon as possible.

Question No. 138 answered with Question No. 106.

Driver Licences

Questions (139)

Thomas P. Broughan

Question:

139. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of inquiries sent by An Garda Síochána to the Road Safety Authority, RSA, to establish the validity of driving licences in each of the years 2013 to 2016 and to date in 2017; the average amount of time to receive a response from the RSA with the required information in each of these years; and if she will make a statement on the matter. [5975/17]

View answer

Written answers

I have requested a report from the Garda authorities on the matter referred to in the Deputy's question and will contact the Deputy directly upon receipt of this information.

The following deferred reply was received under Standing Order 42A:

I refer to Parliamentary Question No. 139 for answer on Tuesday, 7 February, 2017, in which you requested the number of enquiries sent by An Garda Síochána to the Road Safety Authority (RSA) to establish the validity of driving licence numbers in each of the years 2013 to 2016 and to date in 2017, and the average amount of time it takes the Gardaí to receive a response from the RSA with the required information in each of these years.

As you will recall, the information you requested could not be obtained in the time available, and I undertook to contact you again following receipt of a report from An Garda Síochána.

I am informed that the number of enquires to the RSA to establish the validity of a driving licence numbers is not available from An Garda Síochána. However, I am further informed that, the RSA holds a database of all requests from An Garda Síochána and I have requested the information be sent to you directly.

In so far as the average amount of time it takes for An Garda Síochána to receive a response is concerned, I am informed by the Garda authorities that on average a response is received from the RSA within five working days.

I hope this information is of assistance.

Question No. 140 answered with Question No. 133.

Refugee Resettlement Programme

Questions (141)

Róisín Shortall

Question:

141. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality further to media reports (details supplied), if she will liaise with the United Nations High Commission for Refugees and grant refugee status for lesbian, gay, bisexual and transgender, LGBT, Iranians that were due to be resettled in the United States but are now stranded in Turkey as a result of the recent executive order on immigration; her Department's policy with regard to those seeking refuge here on the basis of persecution as a result of their sexual orientation; and if she will make a statement on the matter. [6012/17]

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Written answers

The Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. Under this programme, the Government has pledged to accept up to 4,000 persons into the State under the relocation and resettlement strands. I initially announced that Ireland would accept 520 persons for resettlement over an 18-month period to the end of 2017. This was almost double the figure proposed for Ireland by the European Commission and has been delivered a year ahead of their deadline. As a result, I recently announced that we are extending the resettlement programme to take in a further 520 programme refugees from Lebanon in 2017. 260 of these programme refugees have already been selected during a mission to Lebanon in October 2016 and are expected to arrive this Spring. A further selection mission to Lebanon will be arranged in the coming months to select the remaining persons to be resettled to Ireland this year.

The resettlement programme is led by UNHCR and is currently focused on resettling (mainly Syrian) refugees from Lebanon and Jordan. Persons selected for inclusion in the Irish Refugee Protection Programme's resettlement strand must be referred directly to Ireland by UNHCR, having been registered as a refugee in Lebanon or Jordan. The expansion of this programme, together with the accelerated pace of the EU Relocation Programme will make it a very challenging year for the State services involved. I have no plans to further expand these programmes.

My Department's policy with regard to those seeking refugee status here on the basis of persecution as a result of their sexual orientation is covered under Section 8(1) of the International Protection Act, 2015 which was commenced on 31 December, 2016. The legislation includes sexual orientation as one of the reasons for persecution which an international protection officer or the International Protection Appeals Tribunal, as the case may be, may consider when determining applications for protection status.

Immigration Controls

Questions (142)

Catherine Murphy

Question:

142. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the border controls and-or passport checks in place at a location (details supplied); and if she will make a statement on the matter. [6016/17]

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Written answers

In accordance with section 6 of the Immigration Act 2004 (as amended) a non-national coming to the State by air or sea may not, without the consent of the Minister for Justice and Equality, land elsewhere than at an approved port. The same section of the Act of 2004 provides that the Minister may prescribe approved ports for this purpose. The current list of prescribed ports is set out in the Immigration Act 2004 (Approved Ports) Regulations 2004 (S.I.No. 57 of 2004). The location referred to by the Deputy is not prescribed as an approved port of entry, therefore, a non-national may not enter the State at that place without the consent of the Minister for Justice and Equality.

It should be noted that a non-national who contravenes the requirements of section 6 of the Act of 2004 shall be deemed a non-national who has been refused a permission to enter or be in the State and shall be guilty of an offence.

In a wider context, An Garda Síochána has a role in respect of the policing of such facilities as may arise in the normal course and maintain close liaison with the Department of Transport in respect of security arrangements at such facilities.

Legislative Programme

Questions (143)

Michael McGrath

Question:

143. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality when she expects the judicial council Bill to be progressed; and if she will make a statement on the matter. [6021/17]

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Written answers

The Legislation Programme which was published recently confirms that the publication of the Judicial Council Bill is a priority for Government and, accordingly, its publication is foreseen before the end of this session. My objective is to publish the Bill as quickly as possible and I would hope that it can be published within the next three months.

There is intensive and ongoing work in relation to the drafting of the Bill involving my Department, the Office of the Attorney General, the Judiciary and the Courts Service. I think it fair to say that this work is now drawing towards a close and I look forward to the Bill being debated in this House at an early date.

As the Deputy will be aware, the Bill, when published, will provide for the establishment of a Judicial Council and Board of that Council. It will also provide for the establishment of a Judicial Conduct Committee, the membership of which will include lay persons, to facilitate the investigation of allegations of judicial misconduct. That Committee will also have a role in preparing guidelines concerning judicial conduct and ethics. Matters relating to the training of judges will also be addressed as well as matters relating to the dissemination of sentencing information.

Garda Deployment

Questions (144)

Gerry Adams

Question:

144. Deputy Gerry Adams asked the Tánaiste and Minister for Justice and Equality the current number of Garda members, Garda Reserve members and civilians assigned to each Garda station in County Louth and their rank, in each year for the past five years. [6057/17]

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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. I am assured by the Garda Commissioner that the allocation of personnel 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. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division

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. This year, 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.

I am informed by the Garda Commissioner that since the reopening of the Garda College in September 2014, 838 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am also informed by the Commissioner that another 750 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end.

I am also informed that plans are in preparation for the recruitment of trainee Reserves and suitably qualified civilian staff to address capacity and skills gaps across the organisation and to facilitate the phased redeployment of Gardaí engaged in administrative/technical duties to operational policing roles.

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 and other personnel across all Divisions including the Louth Division.

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.

For the Deputy's information I have set out in the table the number of Gardaí, Garda Reserves and civilians assigned to the Louth Division in the years 2012 to 2016 as of 31 December 2016, the latest date for which figures are readily available from the Commissioner. I will send directly to the Deputy a breakdown of the Garda strength by rank for each Garda station in the Louth Division 2012-2016.

Garda Strength District Louth Division December 2012 – December 2016

District

Sub District

2012

2013

2014

2015

2016

ARDEE

ARDEE

28

27

27

26

25

CASTLEBELLINGHAM

4

4

2

2

2

COLLON

6

6

5

5

5

LOUTH

1

1

1

1

1

TOTAL

39

38

35

34

33

DROGHEDA

CLOUGHERHEAD

4

4

4

3

3

DROGHEDA

93

93

92

97

95

DUNLEER

5

5

5

6

6

TOTAL

102

102

101

106

104

DUNDALK

BLACKROCK

6

4

4

3

4

CARLINGFORD

6

6

6

6

5

DRUMAD

7

7

7

7

7

DUNDALK

123

120

119

123

141

HACKBALLSCROSS

5

5

5

4

5

OMEATH

4

4

4

4

3

TOTAL

151

146

145

147

165

LOUTH

13 STATIONS

292

286

281

287

302

Garda Reserve Strength Louth Division December 2012 to December 2016

2012

2013

2014

2015

2016

DROGHEDA

21

25

23

20

18

DUNDALK

17

21

20

12

9

ARDEE

7

9

9

9

6

TOTAL

45

55

52

41

33

Civilian Staff Numbers Louth Division December 2012 – December 2016

LOUTH

2012

2013

2014

2015

2016

DROGHEDA

13

13

13

11

11

DUNDALK

8

8

8

8

8

DROMAD

1

1

1

1

1

ARDEE

2

2

2

2

2

DUNLEER

-

-

-

1

1

TOTAL

24

24

24

23

23

Garda Equipment

Questions (145)

Niamh Smyth

Question:

145. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the number of Garda stations in counties Cavan and Monaghan that do not have the PULSE system in place; if she will provide a list of these stations and their locations; if there are plans to install the PULSE systems; the timeframe for installation; and if she will make a statement on the matter. [6122/17]

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Written answers

As the Deputy will appreciate, decisions in relation to the provision and allocation of Garda equipment and resources are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.

I wish to advise the Deputy that it has not been possible to provide the information sought in the time available for reply. However, I have requested the Garda authorities to provide the requested information and I will be in further contact with the Deputy upon receipt.

The following deferred reply was received under Standing Order 42A

I refer to Parliamentary Question No. 145 for answer on 7 February, 2017 requesting information on the number of Garda stations in counties Cavan and Monaghan that do not have the PULSE system in place in their respective station; if I would provide a list of these stations and their locations; if there are plans to install these systems; the time-frame for installation; and if I would make a statement on the matter.

As you may recall, the information you requested could not be obtained in the time available, and I undertook to contact you again when the information was to hand.

As you will appreciate, decisions in relation to the provision and allocation of Garda equipment and resources are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.

I am, however, informed by the Garda authorities that there are 25 Garda Stations in the Cavan/Monaghan Division, 21 which have direct access to PULSE. In addition, the members attached to the non-networked stations have 24 hour access to the Garda Information Services Centre (GISC) which has a direct feed into the PULSE system.

You will also be aware that the Commissioner launched the Garda Síochána Modernisation and Renewal Programme 2016-2021 in June 2016 and that this Programme is intended to professionalise, modernise and renew An Garda Síochána to ensure that the organisation can meet present and future challenges. As part of the Programme, the matter of enhancing rural access to the Garda network by connecting non-networked sites to the network is being examined. This includes plans to introduce mobile technology solutions to enable operational Gardaí to access core information systems, including PULSE, while on duty and away from Garda stations.

I hope this information is of assistance.

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