Written Answers Nos. 1 - 40
11. Deputy Jan O'Sullivan asked the Tánaiste and Minister for Justice and Equality the changes which have been made or are planned to address the rights and needs of children who live in direct provision centres; and if she will make a statement on the matter. [7018/17]
View answerAs the Deputy will be aware, the Programme for Partnership Government states that "Long durations in direct provision are acknowledged to have a negative impact on family life. We are therefore committed to reforming the Direct Provision system, with particular focus on families and children." I can therefore assure the House and the Deputy that the rights and needs of children are at the forefront of our thinking as this commitment is being delivered.
The following are some of the highlights of the services and facilities available being made available to children and families across the accommodation portfolio:-
- Tusla and the HSE, link in with accommodation centres to provide on-site services and monitoring of children and families through Public Health Nurse and GP services, social work teams, mental health specialists and through the positive engagement of accommodation centre management teams.
- The Community Welfare Service of the Department of Social Protection holds clinics in many of our centres to assist families with needs which may fall to be assisted under the Exceptional Needs Payments.
- The weekly allowance for children was increased by €6 to €15.10 per child in 2016 by the Department of Social Protection.
- Children are linked in by local management to mainstream primary and post-primary schools in a like manner to the general population. Younger children may also avail of the free ECCE pre-school placements.
- Homework clubs are also provided at certain family centres. The Department of Education has also made changes to allow children who are 5 years in the Direct Provision system and who have attended a minimum of five years in the Irish school system to avail of third level education.
- RIA has a dedicated Child and Family Services Unit, whose role is to manage, deliver, coordinate, monitor and plan all matters relating to child and family services for all asylum seekers residing in the direct provision system. It also acts as a conduit between RIA and Tusla, the latter having statutory functions in this area. The Unit is headed up by an official seconded from Tusla who has clinical expertise in the area of child welfare and protection.
- The Child Protection and Welfare Policy and Practice Document in force in all accommodation centres is based on the HSE's “Children First - National Guidelines for the protection and welfare of children. The HSE & Tusla have provided 'Keeping Safe' child protection training and Designate Liaison Person Training [DLP] to each centre's Designated Liaison Persons and other staff members. RIA has recently updated its Child Protection Policy to include a Practice Document. Briefing sessions were held in family centres around the country for centre staff members and all other relevant personnel. All staff of centres under contract to RIA are Garda vetted.
Projects are underway in my Department to ensure that all facilities for families in accommodation centres under contract to the Department are improved and enhanced to the highest possible standard.
A number of recommendations in the the McMahon report in relation to physical improvements to accommodation are being rolled out. The following are just a few examples of the improvements either finished or in progress:-
- The installation of residents’ kitchens in a number of accommodation centres to provide for home cooking by residents and their families;
- The introduction of full independent living at the Mosney Accommodation centre - each family are able to select their own choice of fresh food so they may prepare meals for themselves;
- A complete refurbishment of each accommodation unit (triple glazed windows and doors, refurbished interiors) at the Athlone Accommodation Centre;
- Improvements to a number of outdoor playgrounds and football pitches to provide for ‘all-weather’ facilities.
- Teenage rooms in relevant centres to provide social areas for this age group.
Many of the recommendations of the McMahon report that involve structural changes/improvements are being implemented with necessary due consideration to fire safety, building regulation and planning issues. The Reception & Integration Agency (RIA), in consultation with its contractors, are examining the feasibility of phasing in the re-designation of accommodation so that where possible each family has an independent living space. The House will appreciate that such structural changes cannot be put in place overnight and will take time but I am committed to implementing the improvements.
Given the scope of the structural changes that have to be implemented, I am satisfied with the progress of such major improvements since the publication of the Agreed Programme for Partnership Government.
14. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality if she will amend the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 to further empower the Policing Authority in order to make the Garda Commissioner directly answerable to the authority; and if she will make a statement on the matter. [7672/17]
View answerThe establishment of the new Policing Authority has been both a welcome and, I think, necessary addition to the policing landscape in the State. It has brought a dedicated layer of public accountability to the operation of policing services and it represents one of the most significant and progressive reforms to the justice sector over recent years. Indeed, the recent transfer of the appointment function in relation to the senior ranks is a particularly important signal of this reform.
This House recently debated the Joint Committee on Justice and Equality's Report on Garda Oversight and Accountability and I made the point during that debate that the recent changes related to policing need further time to fully embed themselves before we can fully assess the Authority’s effectiveness. That said, I strongly believe that the Authority has made a significant impact during its first year.
Since its establishment, it has focused, as a matter of priority, on its functions which have statutory deadlines and reform significance. It has met on several occasions with the Commissioner and her senior team, as a follow up on its consideration of the O’Higgins Report and related matters. A number of these meetings have been held in public to reassure the community about the performance of An Garda Síochána. Areas that have been highlighted in the discussions include:
- implementation of the Modernisation and Renewal Programme within An Garda Síochána;
- review of the Garda Protected Disclosure policy;
- plans to conduct a culture audit within An Garda Síochána;
- corporate governance arrangements and management structures within An Garda Síochána; and
- arrangements for training and the professional development of members.
The Authority has approved a three year Strategy for An Garda Síochána. It has also determined the policing priorities for 2017 which informed the content of the recently published 2017 Policing Plan. It has reviewed and issued recommendations on the Garda Protected Disclosure policy and also recently launched a Code of Ethics which includes standards of conduct and practice for Garda members.
In developing the legislative framework that now governs policing in the State, considerable thought was given to the Constitutional framework within which it would operate. In this regard, it is clearly the position that the public functions of An Garda Síochána relating to policing and security are important elements within the executive power of the State and must therefore be exercised, in accordance with Article 28.2 of the Constitution, by or on behalf of the Government. Accordingly, the provisions in the Act are designed to strike the right balance between, on the one hand, the exercise by the Policing Authority of effective and meaningful oversight of the Garda Síochána and, on the other hand, the retention by Government of essential residual powers in relation to policing. In my view, this new dispensation, although still in its early stages of development, is showing tangible results that bode well for its future.
Having said that, I accept fully that we need to monitor how the new arrangements are working and, indeed, the legislation makes provision in this regard. The Authority is required, within 2 years of its establishment to submit to the Minister for Justice and Equality a report on the effectiveness of the Authority and the adequacy of the functions assigned to it. In addition, there is a requirement on the Minister for Justice and Equality, in consultation with the Minister for Public Expenditure and Reform, to review the operation of the statutory provisions relating to the Authority. That review must take place not later than 5 years after the establishment of the Authority.
These provisions will ensure that the current Garda oversight arrangements can be kept under review in an orderly and sensible fashion. They will also provide an appropriate mechanism whereby any amendments considered necessary to the functions of the Authority can be identified.
While I have no plans at present to amend the legislative framework relating to the Authority, the Deputy will be aware that I have already informed the House that I intend to seek Government approval shortly to prepare Heads of a Bill to amend Part 4 of the Garda Síochána Act 2005, which concerns the Garda Síochána Ombudsman Commission, to improve its operation. I expect the forthcoming changes to reflect the recommendations relating to GSOC in the Joint Committee’s Report.
Finally, I want to reiterate that I and the Government are fully committed to ensuring that An Garda Síochána continue to provide a modern, efficient and accountable policing service and I have every confidence that the new structures which have been put in place are a significant contribution to that.
15. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality if the UN Convention on the Rights of Persons with a Disability agreed by Ireland in 2007 will now be given a date for ratification; and if she will make a statement on the matter. [4619/17]
View answerIreland signed the Convention on the Rights of Persons with Disabilities in 2007 and since then, successive Governments have emphasised Ireland’s strong commitment to proceed to ratification as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are met. This Government remains committed to ratification of the Convention.
It is essential that the State is in a position to meet the obligations that it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to protect the people for whose benefit the Convention exists. The previous Government published a Roadmap in October 2015, which sets out the legislative measures needed to meet those requirements, along with declarations and reservations to be entered by Ireland on ratification.
Considerable progress has already been made to overcome the remaining legislative barriers to Ireland's ratification of the Convention. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Bill 2015 completed Committee Stage in the Dáil on 7 December 2016 and is currently at Report Stage. When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial.
The Disability (Miscellaneous Provisions) Bill 2016 was published immediately prior to Christmas and commenced Second Stage on 31 January 2017. The primary purpose of the Bill is to address the remaining legislative barriers to Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Work is ongoing on all the other issues set out in the previous Government’s Roadmap for Ratification published in October 2015 and these will be progressed as Committee Stage amendments. The Bill will be progressed to enactment at an early date to facilitate ratification of the UN Convention as soon as possible.
The precise timing of ratification now depends on how long it will take for this Bill to progress through the enactment process and on issues in relation to commencement both of Deprivation of Liberty provisions, which will be included in the Bill at Committee Stage, and of the Assisted Decision Making (Capacity) Act 2015.
16. Deputy Margaret Murphy O'Mahony asked the Tánaiste and Minister for Justice and Equality her views on a recent assertion that the national disability strategy is abject, failing to comprehensively deliver on a single area of policy or legislative reform; and if she will make a statement on the matter. [7614/17]
View answerAt the outset, can I say that I recognise that there are important issues in relation to disability on which further work is needed. With this in mind, in mid-2015 the Department of Justice and Equality began a consultation process with all relevant stakeholders, including the Disability Stakeholders Group, with a view to putting a new Inclusion Strategy in place.
The broad and comprehensive consultation process included two rounds of public consultations during which disability organisations and service providers, individuals with a lived experience of disability had an opportunity to provide detailed input, feedback and suggestions into the Strategy. I’m confident that the new Strategy will make a real difference in terms of having in place a set of wide-ranging, ambitious and achievable actions. Furthermore, the monitoring and implementation process will be fortified and tightened to ensure that Departments and agencies account for their progressing of actions at regular intervals, including through an annual implementation plan, a mid-term review, and further public consultations at the mid-term point. I am also delighted that this time the National Disability Authority will be have a strengthened role in the monitoring and reviewing of progress. I expect to be able to submit the final draft strategy to the Government in the coming weeks, and it will be published as quickly as possible thereafter.
19. Deputy Thomas Byrne asked the Tánaiste and Minister for Justice and Equality her plans to install cameras on motorways to assist in the fight against crime. [7606/17]
View answerI 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.
Indeed, as far back as 2005, my Department launched a Community-based CCTV Scheme to provide financial assistance to qualifying organisations towards meeting the capital costs associated with the establishment of local community CCTV systems. Some €4 million was provided under the Scheme, which was administered by Pobal, with a view to increasing public safety and reducing the risk of anti-social and criminal activity. That Scheme benefitted some 45 Community CCTV projects across the State.
As the Deputy will be aware, the Programme for a Partnership Government commits to providing investment in CCTV systems and to that end, 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 shortly.
In addition, An Garda Síochána deploys its own CCTV technology and works with other bodies such as the National Roads Authority, Port Authorities, local authorities and private car park operators to also get access to data from their ANPR systems, as well as CCTV systems operating on the motorway network. Under the Commissioner's Modernisation and Renewal Programme, the intention is to use CCTV in new ways utilising modern technology and to expand the use of ANPR technology to allow for wider access and analysis, to identify key criminal and terrorist targets and to enhance community safety.
This is underpinned by significant Government investment under the Capital Plan of some €205 million in additional funding for Garda ICT and €46 million to provide An Garda Síochána with additional high-powered vehicles, marked and unmarked patrol cars, and motorcycles to ensure that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.
21. Deputy Mary Butler asked the Tánaiste and Minister for Justice and Equality if she will be bringing forward legislation to abolish mandatory retirement; and if she will make a statement on the matter. [7636/17]
View answerIn my role in the Department of Justice and Equality, I have responsibility for equality legislation which provides for retirement ages in line with the relevant EU Directive provision that differences of treatment on the grounds of age are permissible if, within the context of national law, they are objectively and reasonably justified by a legitimate aim, including legitimate employment policy, labour market and vocational training objectives, and if the means of achieving that aim are appropriate and necessary.
I have no Ministerial responsibility for retirement age issues generally either in the public sector (where mandatory retirement ages are a feature of public sector employment law) or the private sector (where there is no statutory retirement age).
22. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the steps her Department will take to to ensure an interpretation of the Magdalen redress scheme that is consistent with the State's apology to the women and to ensure that all Magdalen women, including those exploited as children, receive the redress they deserve. [7679/17]
View answerThe Magdalen Laundries Restorative Justice Ex Gratia Scheme was initiated following the publication of the report in February, 2013 of an Inter-Departmental Committee set up to establish the facts of the State's involvement with the Magdalen Laundries. It was chaired by then Senator Martin McAleese and it is commonly referred to as the McAleese report. The material in the Report relates to 10 different institutions which were run by 4 different Orders of nuns over a period of 70 years. Although there was no finding in the McAleese Report which indicated that the State had any liability in the matter, following the report’s publication the Taoiseach issued a State apology to the women. Mr. Justice Quirke was asked by the Government to make recommendations on an appropriate redress scheme for those who were in the 10 Magdalen laundries that were the subject of the McAleese Report. The Government also included in the scheme the laundry that was attached to Stanhope Street Domestic Training School and later also decided to include a 12th institution, the Domestic Training School in Summerhill.
It should be noted that the terms of the Scheme specifically exclude institutions that are covered by the Residential Institutions Redress Board Scheme. (The Residential Institutions Redress Board Scheme was established to provide awards for persons who, as children, were abused.)
I will take this opportunity to give some background to the operation of the Scheme. Each application is assessed on an individual basis taking into account any available records, documents and statements including the applicant's testimony. Processing of all applications under the Scheme operates on the premise that the testimony of the applicant is correct and the officers processing the application then seek to verify the application by checking appropriate records. If there are records and they are consistent with the application, then an offer is made. If there is a discrepancy, or in cases where the religious congregations have an incomplete or no record for an applicant, my officials must carry out a thorough examination, checking whatever records are available from other departments, agencies and institutions to support the application. The records of the religious congregations are not regarded as decisive; they are just one factor that is taken into consideration.
The Scheme provides for lump sum payments varying from €11,500 to €100,000 depending on the length of stay in the institution concerned. Further, each woman is entitled to a top-up payment to bring her weekly income from the Irish State up to the equivalent of the Irish Contributory Pension. To date, over €25 million has been paid out to 669 women under the Scheme.
The Redress for Women Resident in Certain Institutions Act 2015 provided for certain services to be made available by the Health Service Executive (HSE) to the women. The services, which are free of charge, include GP services, prescribed drugs, medicines, aids and appliances, dental, ophthalmic and aural services, home support, home nursing, counselling services, chiropody, podiatry and physiotherapy. The HSE has administrative arrangements in place for health and social services for women living outside Ireland.
23. Deputy James Browne asked the Tánaiste and Minister for Justice and Equality her plans to review Garda district boundaries in the Wexford division; and if she will make a statement on the matter. [7634/17]
View answerThe Deputy will be aware that the Government, in its Programme for a Partnership Government, identified community policing as the embodiment of An Garda Síochána. Community policing provides a means of recognising that every community, both urban and rural, has its own concerns and expectations. The Programme for Government commits the Government to ensuring visible, effective and responsive policing in every community, including the most minimal response times possible.
With this in mind, I can confirm that I have asked the Policing Authority to oversee a review of, among other things, the dispersal of Garda stations in rural areas. I understand that the Authority has, in accordance with section 117(2) of the Garda Síochána Act 2005, formally requested the Garda Síochána Inspectorate to examine the dispersal and use of resources available to the Garda Síochána in the delivery of policing services to local communities and to make recommendations to provide a more effective, visible and responsive policing service. The Authority has informed the Inspectorate that the review should take account of:
- the changing environments in rural, developing urban and suburban areas;
- the views of local communities;
- the allocation to and deployment of Garda resources at the local policing level, including the use of the Garda Reserve, Garda facilities and Garda equipment; and
- relevant recommendations made in previous Inspectorate reports.
The Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to her. This includes responsibility for the formulation of proposals in relation to the geographical boundaries of Garda districts and the opening and closing of Garda Stations, taking into account crime trends and policing priorities, so as to ensure that the best possible use is made of these resources.
The Deputy will also be aware that I have requested the Garda Commissioner, while fully cognisant of her statutory functions in relation to the distribution of Garda resources in the State, to identify 6 stations for reopening on a pilot basis in line with the commitment in the Programme for a Partnership Government. This pilot scheme is intended to feed into the wider review being overseen by the Policing Authority.
24. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality her views on recognition of Traveller ethnicity. [7682/17]
View answerAs 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.
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). I made a presentation to the Cabinet Committee on Social Policy and Public Service Reform in relation to this issue in December 2016 following which an invitation was extended to Traveller representatives to meet that Cabinet Committee to further these discussions; that latter meeting took place on 06 February 2017 and further engagement at this level is planned. My officials and I are continuing to work to advance this matter.
25. Deputy Thomas Byrne asked the Tánaiste and Minister for Justice and Equality the position regarding the redrawing of Garda districts in County Meath; and if she will make a statement on the matter. [7605/17]
View answerThe Deputy will be aware that the Government, in its Programme for a Partnership Government, identified community policing as the embodiment of An Garda Síochána. Community policing provides a means of recognising that every community, both urban and rural, has its own concerns and expectations. The Programme for Government commits the Government to ensuring visible, effective and responsive policing in every community, including the most minimal response times possible.
With this in mind, I can confirm that I have asked the Policing Authority to oversee a review of, among other things, the dispersal of Garda stations in rural areas. I understand that the Authority has, in accordance with section 117(2) of the Garda Síochána Act 2005, formally requested the Garda Síochána Inspectorate to examine the dispersal and use of resources available to the Garda Síochána in the delivery of policing services to local communities and to make recommendations to provide a more effective, visible and responsive policing service. The Authority has informed the Inspectorate that the review should take account of:
- the changing environments in rural, developing urban and suburban areas;
- the views of local communities;
- the allocation to and deployment of Garda resources at the local policing level, including the use of the Garda Reserve, Garda facilities and Garda equipment; and
- relevant recommendations made in previous Inspectorate reports.
The Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to her. This includes responsibility for the formulation of proposals in relation to the geographical boundaries of Garda districts and the opening and closing of Garda Stations, taking into account crime trends and policing priorities, so as to ensure that the best possible use is made of these resources.
The Deputy will also be aware that I have requested the Garda Commissioner, while fully cognisant of her statutory functions in relation to the distribution of Garda resources in the State, to identify 6 stations for reopening on a pilot basis in line with the commitment in the Programme for a Partnership Government. This pilot scheme is intended to feed into the wider review being overseen by the Policing Authority.
26. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality her plans to expand the capabilities of the PULSE system as part of the Garda Síochána Modernisation and Renewal Programme 2016-2021; and if she will make a statement on the matter. [7638/17]
View answerAs 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.
The Deputy will be aware that the Garda Síochána Modernisation and Renewal Programme 2016-2021 is intended to professionalise, modernise and renew An Garda Síochána to ensure that the organisation can meet present and future challenges. I am informed that the Programme prioritises technology projects with the aim improving the services delivered to communities by members of An Garda Síochána.
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. Providing members with real-time information on mobile devices, as well as enabling investigation teams to collect and share information digitally, will improve the effectiveness of the service provided to communities.
I understand that An Garda Síochána will continue to extend the Garda network throughout 2017 and is working to ensure that additional stations gain access to the relevant systems. Garda Information Systems such as PULSE will also be modernised to ensure members have quick access to timely and accurate information.
The Government is highly supportive of these initiatives and this is underpinned by significant Government investment under the Capital Plan of some €205 million in additional funding for Garda ICT.
27. Deputy Colm Brophy asked the Tánaiste and Minister for Justice and Equality her plans to reduce the length of time it currently takes for probate to be granted; and if she will make a statement on the matter. [7621/17]
View answerAs the Deputy may be aware, the Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service which is independent in exercising its functions under the Courts Service Act 1998. Probate functions are also carried out by County Registrars at District Probate Registries in a number of provincial court offices.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the current waiting times in the Probate Office in Dublin for Grants of Representation are 20 weeks for applications lodged by a solicitor and 28 weeks for personal applications.
Where a person elects to apply for a Grant without the assistance of a solicitor the process requires significant support from the Probate Office and is more resource intensive. The Probate Office is actively involved in preparing the necessary paperwork and in servicing queries from the applicants by way of telephone, e-mail or post. Each personal applicant is required to attend at the Probate Office in person by prior appointment to complete the application process.
All applications for Grants of Representation in deceased persons' estates are made on foot of a number of mandatory legal documents which must be furnished by the applicants and these require detailed checking by the Probate Office to ensure that the estate of the deceased person is administered correctly and in accordance with the law. All applications are assessed on the basis of the date on which they are lodged, an approach which provides fairness and equity to all applicants. Priority is given to probate applications which display a particular urgency or where it is considered that extenuating circumstances so warrant. In such circumstances it is open to applicants to bring the matter to the attention of the Probate Office.
The Courts Service also informed me that there have been a number of staff changes in the Probate Office during the last year due to retirement and promotion and this has impacted on the waiting times. The examination of probate applications requires a thorough legal examination of documents and it takes a new staff member a period of at least six months to acquire a satisfactory knowledge in this area. As new staff members become more proficient, the waiting times will reduce.
The backlogs in the probate system are a cause for concern and review of the probate system is being carried out at present. It is anticipated that a report with recommendations for the modernisation of the process will be presented by mid 2017 to the Senior Management Team of the Courts Service and to the Courts Service Board for their consideration.
28. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality if she will consider the introduction of a humanitarian admission programme to allow Irish residents, naturalised citizens and refugees to apply for family reunification for extended family members in conflict zones. [7631/17]
View answerBefore the migrant crisis escalated, my predecessor introduced a Syrian Humanitarian Admissions Programme (SHAP) subject to certain conditions, including economic dependency, being met. This was superseded by the Irish Refugee Protection Programme (IRPP) which allows for Syrians and other nationalities to benefit from resettlement and relocation schemes, and offers them protection in Ireland in their own right. This is a much improved programme allowing thousands to benefit from protection here. There has been a significant challenge at EU level to maximise the functioning of the resettlement and relocation programmes. We will be 100% ahead of target on resettlement when the programme ends next September and following my recent visit to Greece, I am satisfied that the number coming in under relocation will ramp up to agreed levels in 2017.
I am not of the view that the best solution to this crisis is to increase the number of programmes and all the administrative and legal complexities that go with them. My emphasis is to increase the number of people arriving in Ireland under the programmes currently in place. I am satisfied that we are making that progress now and that there is still capacity to ensure more Syrians can come to Ireland under our resettlement and relocation programmes and all our focus needs to be on meeting these targets. In addition, existing avenues remain open as pathways for family reunification.
Significant resources are currently being invested in these humanitarian efforts through the offices of the Irish Refugee Protection Programme, the Office of the Promotion of Migrant Integration and the International Protection Office. As a result we have established and functioning mechanisms and associated expertise to deal with resettlement and relocation. Our response to the migrant crisis in terms of accepting refugees is through the IRPP and all available resources are being directed to that Programme in order to meet the commitment entered into and I have no plans, at this point, to introduce any additional admission programmes. It is essential that we continue all our efforts to completing the IRPP successfully before we can look to apply that learning and resources to any new programme.
29. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the way in which the common travel area will survive in its current format after Brexit; and if she will make a statement on the matter. [3096/17]
View answerMaintaining the Common Travel Area (CTA) is one of the four headline priorities for Ireland following the UK departure from the EU.
The Common Travel Area has been in existence since Irish independence. It allows freedom of travel between the two jurisdictions for Irish and UK citizens, and provides for largely reciprocal benefits of citizenship, in terms of entitlements to reside, work and access services. These arrangements stem from the close historic relationship between the two countries and predate the entry of both to the EU. The Common Travel Area is an important feature of the close relationship between Ireland and the UK with long-established benefits for trade and tourism between our two countries. Both the Irish and British Governments value the Common Travel Area and will work to keep this in place as part of future arrangements.
An extensive programme of engagement has been put in place to support this strategic objective. The importance of the Common Travel Area has been highlighted through political and diplomatic engagement with other Member States. There is ongoing engagement with EU institutions and there is regular contact with Michel Barnier's Commission negotiating team on the UK exit from the EU, including in relation to the specific question of the Common Travel Area. You will also have seen the very clear commitments from the Taoiseach and Prime Minister May to maintaining its benefits into the future.
As part of the Common Travel Area arrangements, it has long been the case that Ireland and the United Kingdom cooperate closely on jointly securing the external border of the Common Travel Area. We will continue to cooperate, and to strengthen that cooperation, in the future. But it is also important to emphasise that Ireland of course remains a committed member of the European Union. We will continue to uphold the right of free movement for all EU citizens after the UK leaves the Union.
30. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the status of the reintroduction of the dedicated drugs unit in the Cavan and Monaghan Garda divsion; if extra personnel have been assigned specifically to man this unit; and if she will make a statement on the matter. [7676/17]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Units and I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.
I am informed that the number of Gardaí assigned to the Cavan/Monaghan Garda Division on the 31 December 2016, the latest date for which figures are readily available, was 318 with 14 reserves and 37 civilians. It is important to note that all Gardaí have a responsibility in the prevention and detection of criminal activity whether it be in the area of drug offences or otherwise.
I am further informed that the prevention and detection of drug related offences is a priority within the Cavan/Monaghan Division and that all Gardaí in the Division, both uniform and detective, are engaged in intelligence-led policing and the undertaking of targeted operations against those involved in drug-related crime. In addition, Garda personnel from the Division continue to work with the Garda National Drugs and Organised Crime Bureau in this regard. I am advised that local Garda management are satisfied that this strategy ensures the optimal use of resources in targeting persons involved in the illicit sale and supply of drugs.
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, including 21 to the Cavan/Monaghan Division. 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 every Garda Division, including the Cavan/Monaghan Division, in the coming years.
The 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 support An Garda Síochána the prevention and detection of all criminal activity including drug offences.
31. Deputy Anne Rabbitte asked the Tánaiste and Minister for Justice and Equality the number of adult disclosure cases reported in each Garda division in each of the years 2013 to 2016; and if she will make a statement on the matter. [7640/17]
View answerI have sought a report from the Garda authorities in relation to the matter in question and I will respond directly to the Deputy when the report is to hand.
32. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality the number and specifically which of the 173 recommendations of the McMahon report that have been fully, partially and yet to be implemented respectively, in tabular form; and if she will make a statement on the matter. [7612/17]
View answerTo coincide with the first anniversary of the publication of the McMahon Report on June 30, 2015, an audit of progress on the implementation of the recommendations was compiled. When Minister Stanton and I published this audit of progress, I gave a clear commitment that the process of implementation would continue, and I was pleased to note the considerable progress made at that stage.
I can now confirm that a further review of progress is nearing completion in my Department, following extensive liaison with other Departments and agencies responsible for implementation. I expect that this review will show significant further progress since last June. This latest progress audit will provide details with regard to the status of each of the 173 recommendations in the Working Group Report and I expect to be in a position to publish it shortly.
33. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of prosecutions in 2016 and to date in 2017 per district court for disqualified drivers driving while disqualified; the number of disqualified drivers prosecuted for failing to submit a licence under section 29 (16) and (17) of the Road Traffic Act 2010; and if she will make a statement on the matter. [7604/17]
View answerI have requested a report from the Garda authorities in relation to the statistics requested by the Deputy and I will contact the Deputy directly upon receipt of the relevant information.
34. Deputy Willie Penrose asked the Tánaiste and Minister for Justice and Equality the measures her Department proposes in conjunction with the Department of Jobs, Enterprise and Innovation under point 76 of the action plan for rural development to conduct a revaluation of commercial properties in nine rural counties; and if she will make a statement on the matter. [4243/17]
View answerAction Number 76 of the Government's Action Plan for Rural Development, "Realising Our Rural Potential", published on 23 January 2017, provided a commitment to conduct a revaluation of commercial properties in nine rural counties to ensure fairness and equity in the levying of commercial rates on business with a view to rolling out to further counties in 2017.
The Valuation Office is currently undertaking a systematic national programme of revaluing, for rates purposes, all industrial and commercial properties in the State on a rating authority basis. The purpose of revaluation is to bring more equity, fairness and transparency into the local authority rating system and to distribute the commercial rates liability more equitably between ratepayers. The immediate objective of the revaluation programme is to ensure that the first revaluation of all rating authority areas in more than 150 years is conducted as soon as possible. Following this revaluation, subsequent revaluations of each rating authority area will then be carried out on a cyclical basis no sooner than five years and no later than ten years after the first revaluation, in accordance with Section 25 of the Valuation Act 2001.
The Commissioner of Valuation is independent in the performance of his functions and decisions with regard to the selection of rating authority areas for revaluation is his sole prerogative. Section 19(1) of the 2001 Act empowers the Commissioner, after consultation with the Minister for Housing, Planning, Community and Local Government and the rating authority concerned, to make a Valuation Order specifying a rating authority area over which a revaluation is to be conducted. I am advised that the revaluation programme which began with South Dublin, Fingal and Dun Laoghaire-Rathdown County Council areas has also been rolled out to the Dublin City Council area, Waterford City and County Council area and Limerick City and County Council area.
The current phase of the National Revaluation Programme known as "ReVal 2017" covers revaluation of counties Longford, Leitrim, Roscommon, Westmeath, Offaly, Kildare, Sligo, Carlow and Kilkenny for the first time since the nineteenth century. These are the nine counties referenced in Action No. 76 in the Government's Action Plan for Rural Development "Realising Our Rural Potential", published on 23 January 2017. The revaluation of these nine rural counties is expected to be completed in September 2017 and become effective for rates purposes from 2018 onwards.
35. Deputy Bríd Smith asked the Tánaiste and Minister for Justice and Equality the annual numbers and percentages of successful applications for asylum seekers following first interview for their applications; the percentages of successful initial applications there are by individual interviewer; and if she will make a statement on the matter. [7643/17]
View answerApplications for refugee status and subsidiary protection were until 30 December, 2016, investigated by the Office of the Refugee Applications Commissioner (ORAC). On 31 December, 2016 the International Protection Act 2015 was commenced. The Act has introduced a single application procedure within our international protection process bringing Ireland in line with other EU States. Under the single procedure, an applicant will make one application, and will have all grounds for seeking international protection and to be permitted to remain in the State examined and determined in one process. On commencement of the Act, the International Protection Office replaced the ORAC as the refugee determining body.
All applicants for international protection are interviewed and their cases assessed by experienced caseworkers (formerly ORAC staff) on the basis of the circumstances of the individual case and having regard to both the subjective elements (the applicant's own account or personal history) and objective elements (up-to-date information on the applicant's country or place of origin). Supporting documentation submitted by applicants is also taken into account.
Country of Origin information is obtained from a variety of legitimate sources such as the United Nations High Commissioner for Refugees (UNCHR), Amnesty International and other NGOs, the European Asylum Support Office (EASO), the US State Department and the Canadian Immigration and Refugee Board.
In 2016 some 2,644 applications for asylum at first instance were processed by ORAC. 16.8% (444) of these received positive recommendations. The corresponding figures for 2015 and 2014 respectively were 1,231 of which 12.3% (152) received positive recommendations (2015); and 1,023 of which 12.9% (132) received positive recommendations (2014).
Statistics in respect of the percentage of successful initial applications by individual interviewer are not kept.
36. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the status of her Department’s plans for the development of the Drug Treatment Court model; her plans to expand on the existing structure; the number of persons who have participated in the model and the outcomes; the number of recommendations of the report of the penal policy review group which have been implemented; and if she will make a statement on the matter. [7622/17]
View answerAs the Deputy will be aware, the Drug Treatment Court is aimed at people with drug addiction problems who come before the District Court on minor criminal charges linked to their drug addiction. It is a problem solving court and makes an important contribution, not least as an alternative to prison. The Drug Treatment Court operates on the basis that a criminal matter has not proceeded to formal conviction and the presiding Judge reviews matters at each adjournment, frequently over an extended period of time, to assess progress, before the matter before the Court is eventually finalised. Participants on the programme receive a lot of help and support from the team that supports the Drug Treatment Court including an education coordinator, a liaison nurse among others in dealing with the challenge of tackling their addiction.
The catchment area served by the Drug Treatment Court was significantly expanded in July 2013 to encompass the whole of County Dublin and the programme has also found a way to facilitate participants from outside of Dublin, which is a positive development.
Number of Referrals to Drug Treatment Court
In 2016 there has seen a very significant increase in the numbers of people referred to participate in the Drug Treatment Court Programme. The following table gives an indication as to the comparative numbers since the project commenced.
|
Year |
Referrals |
|
2001 |
54 |
|
2002 |
35 |
|
2003 |
43 |
|
2004 |
25 |
|
2005 |
39 |
|
2006 |
54 |
|
2007 |
47 |
|
2008 |
40 |
|
2009 |
37 |
|
2010 |
42 |
|
2011 |
51 |
|
2012 |
66 |
|
2013 |
94 |
|
2014 |
55 |
|
2015 |
98 |
|
2016 |
174 |
Current participant numbers and progress
The following table gives an overview of participant numbers at each of the phases over the past 2 years:
|
24 March 2015 |
4 Jun 2015 |
30 Sept 2015 |
31 Dec 2015 |
12 April 2016 |
29 Jun 2016 |
10 Nov 2016 |
6 Dec 2016 |
7 Feb 2017 |
||
|
Participants: |
Bronze |
24 |
28 |
24 |
33 |
41 |
41 |
43 |
44 |
51 |
|
Silver |
6 |
8 |
11 |
13 |
11 |
13 |
15 |
16 |
11 |
|
|
Gold |
6 |
5 |
4 |
4 |
10 |
6 |
5 |
7 |
10 |
|
|
Graduated Gold |
48 |
49 |
50 |
52 |
52 |
57 |
57 |
57 |
57 |
|
|
Graduated Silver |
5 |
5 |
5 |
5 |
5 |
5 |
5 |
5 |
5 |
|
|
Discharged |
250 |
255 |
264 |
271 |
282 |
292 |
303 |
304 |
311 |
|
|
Non- Participants: |
Being Assessed |
20 |
14 |
17 |
25 |
49 |
48 |
77 |
84 |
87 |
|
Unsuitable |
382 |
394 |
406 |
412 |
436 |
457 |
465 |
472 |
483 |
|
|
Total Referrals: |
741 |
758 |
781 |
815 |
886 |
919 |
970 |
989 |
1015 |
While a large number of participants do not achieve a full graduation, many of them succeed in other areas of the programme such as achieving full FETAC certificates and obtaining employment. Also many no longer commit criminal offences and many also reconnect with their families and, in particular, with their children.
Outcomes under the Drug Treatment Court Programme
In the last 12 months, the figures show a significant increase in the numbers being assessed and also in the numbers in the bronze phase. Those who graduate at the gold phase are deemed to be completely clean of all drugs and this attainment level is particularly hard to achieve.
|
Year |
Gold level graduates |
Silver level graduates |
|
2010 |
5 |
- |
|
2011 |
4 |
- |
|
2012 |
3 |
4 |
|
2013 |
3 |
1 |
|
2014 |
1 |
1 |
|
2015 |
6 |
- |
|
2016 |
5 |
- |
The Penal Policy Review Group was tasked with carrying out a strategic review of penal policy. The Review Group's Report, which I published in September 2014, made 43 recommendations in total. Work is underway to progress the recommendations of the Review Group and to this end I have established a Penal Policy Implementation Oversight Group. The Group is chaired by Dr. Mary Rogan who was a member of the Review Group. I have received two reports to date from this Group setting out the state of implementation of the recommendations. Both of these reports are available to view on my Department's website. A significant number of the recommendations of the Group involve areas of change requiring sustained intervention over a period of time and the implementation of these recommendations is under active 6 monthly review by the Oversight Group led by Dr. Rogan. While three of the recommendations have been fully implemented, significant progress is being made in the vast majority of the remaining recommendations. I expect to receive a further report from this Group in the near future and it is also my intention to publish this report.
37. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality if she will provide a progress report on the appointment of a person or body to review the preclearance at Dublin and Shannon airports. [7034/17]
View answerThe Taoiseach announced at the end of January that he had ordered that a review be undertaken by the Department of Transport, Tourism and Sport, the Department of Foreign Affairs and Trade and the Department of Justice and Equality of the operation of US preclearance in Dublin and Shannon Airports, and work has been continuing on the review since that time. My Department agreed to collate the contributions from the three Departments, in consultation with the Office of the Attorney General. I can inform the Deputies that the report of the review is close to finalisation and is expected to be submitted to the Taoiseach's Department shortly.
38. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality if additional resources will be allocated to GSOC to enable it to carry out its role as confidential recipient more effectively; and if she will make a statement on the matter. [7671/17]
View answerGSOC’s budget for 2017 is 9.564 million which represents a slight increase on 2016 to account for Lansdowne Road Agreement adjustments. Resources and funding are kept under continuing review to ensure that GSOC is enabled to continue to operate effectively and efficiently and in accordance with its statutory remit.
The Protected Disclosures Act 2014 came into operation on 15 July 2014 as part of a comprehensive approach to enhance the protection available to whistle blowers, including Garda whistleblowers. GSOC was prescribed under the Act as a body to receive protected disclosures on Garda matters. Under the Act, members of the Garda Síochána may now communicate their concerns to the Garda Commissioner, as their employer, or to GSOC as a prescribed body, and are entitled to the protections provided by the Act.
GSOC's 2014 Annual Report indicated that they received and commenced processing three disclosures. GSOC's Annual Report for 2015, shows that they received four disclosures in 2015, three of which were considered to fall within the scope of the Act. While these numbers are small, I am aware of the views of GSOC's Chairperson regarding the complexity of such cases and how she believes GSOC should be best structured to deal with these matters.
GSOC and my Department are in discussions with the aim of finalising the provision of resources for the establishment of a designated unit within GSOC to handle protected disclosures, in addition to the work which they already carry out in this area.
39. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality the amount of material she provided to a person (details supplied) in relation to the other whistleblowers which the person has refused to include in the investigation; and if she will make a statement on the matter. [7674/17]
View answerThe Deputy is referring to the report of 6 December 2016 which I received from Mr Justice Iarfhlaith O’Neill of his Review relating to two protected disclosures which were made to me by members of An Garda Síochána in early October 2016.
Mr Justice O’Neill was asked to review the allegations of wrongdoing contained in the disclosures, to make any inquiries with persons or bodies that he considered appropriate in relation to the review and to report to me on the conclusion of the review, including any recommendations which he may consider necessary in relation to any further action which may be appropriate and warranted to address the allegations.
With regard to the inclusion of other whistleblowers in the Judge O'Neill Review, you will be aware from my press statement of 7 October 2016 that this Review related to two protected disclosures which were made to me under the Protected Disclosures Act 2014. The task of the Review was to examine these specific allegations and make recommendations, including any further action which may be warranted to address them. It was not intended to be a wide ranging review of all allegations of Garda wrongdoing.
Accordingly, material in my Department's possession relating to other Garda whistleblowers was not forwarded to Mr Justice O'Neill.
40. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality the number of reguees under the Irish refugee protection programme who have arrived to date in view of Ireland's commitment in September 2015 to take 4,000 persons under the programme over a two year period; the specific arrangements in place to ensure this commitment is met; and if she will make a statement on the matter. [7611/17]
View answerAs the Deputy will be aware, 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 a total of 4,000 persons into the State by the end of 2017, 2,622 through the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece, and 1,040 (519 by the end of 2016 and the remainder in 2017) under the UNHCR-led refugee resettlement programme currently focussed on resettling refugees from Lebanon.
In a further gesture of humanitarian assistance towards the most vulnerable caught up in the migration crisis and following a debate in the Dáil, the Government also committed to taking up to 200 unaccompanied minors from France who were previously resident in the migrant camp at Calais. These initiatives therefore leave just a small residual balance to be allocated from the Government decision to take 4,000 persons.
Resettlement strand of the programme
Taking account of the situation in the Middle East, and the plight of the refugees, the Tánaiste 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 was delivered a year ahead of the Commission deadline.
In addition, the Government recently announced that it is extending the resettlement programme to take in a further 520 refugees from Lebanon in 2017, most of whom are of Syrian origin. 260 refugees have already been selected during a selection mission to Lebanon in October 2016 and are expected to arrive in Spring 2017. Most of these refugees are also Syrian. A further selection mission to Lebanon will be arranged in the coming months to select the remaining refugees due to come to Ireland in 2017 under the resettlement programme.
Relocation strand of the programme
Despite initial delays outside of Ireland's control in respect of the operation of the 'hotspots' on the ground in Greece, Ireland has to-date taken in a total of 320 people from Greece under relocation, another 78 people have been formally accepted and are awaiting transport arrangements, and a further 155 have been assessed and are awaiting clearance. A monthly schedule has been agreed with the Greek authorities which will sustain the pace of intakes throughout 2017 at the levels required to allow Ireland to meets its commitments to Greece within the time frame envisaged by the Programme.
As regards Italy, the relocation mechanism from Italy has yet to commence for many countries, including Ireland, due to issues with the Italian authorities surrounding the security assessment of migrants assigned to other Member States. Intensive efforts are ongoing to resolve this, both bilaterally with Italian counterparts at official, diplomatic and Ministerial level, and at EU level, including through the European Commission.
The total target for relocation to Ireland includes a further 910 persons - the country of origin for this cohort is unassigned as yet.
Table of Total Numbers under Government Decision
|
Relocation Strand |
Numbers |
|
Council Decision 2015/1523 |
600 |
|
Council Decision 2015/1601 |
2,022 |
|
Total Relocation |
2,622 |
|
Resettlement Strand |
|
|
Government Decision 09/06/15 |
520 |
|
Government Decision 06/07/16 |
260 |
|
Government Decision 29/11/16 |
260 |
|
Total Resettlement |
1,040 |
|
Total Unaccompanied Minors Calais (Government Decision 10/11/16) |
200 (up to) |
|
Mechanism as yet undecided |
138 |
|
Grand Total |
4000 |
Unaccompanied minors
In announcing the IRPP, the Government recognised the importance of prioritising family groups and addressing the position of unaccompanied children. A significant number of those who have arrived to date are young children with one or two parents. Ireland has taken in four unaccompanied minors with another to follow very shortly; we have indicated our willingness to take further unaccompanied minors from Greece under relocation and work continues in this regard. Such minors are placed in the care of Tusla. Unaccompanied minors that Ireland takes from Greece are additional to the commitments made by Ireland in respect those previously resident in the migrant camp in Calais.
In summary, under the Irish Refugee Protection Programme 519 refugees have arrived in Ireland under resettlement and 320 persons have arrived in Ireland under relocation. I wish to confirm to the Deputy the deep commitment of the Government to delivering on its decision to accept 4,000 refugees and asylum seekers, notwithstanding the difficulties that have been encountered so far which have been outside of Ireland's control.
