Written Answers Nos. 94-116
95. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality the progress of the commitment to accept more refugees from the Syrian conflict; and if she will make a statement on the matter. [8274/17]
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, 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 in the Council Decisions also includes a further 910 persons but the country of origin for this cohort has not yet been assigned at EU level.
The following table sets out the position regarding the assignment of the 4,000.
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.
96. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality if she will outline the integration programme for refugees arriving here; and if she will make a statement on the matter. [8287/17]
View answerThe Deputy may be aware that an Irish refugee resettlement programme has been in operation since 2000. 1,723 vulnerable persons from 27 different countries, including Iraq and Syria, have been admitted as "programme refugees" for resettlement purposes under this programme. 519 persons were admitted between August 2015 and December 2016 and a further 520 persons are expected to arrive during the course of 2017.
The Government set up the Irish Refugee Protection Programme in 2015 to coordinate the admission of up to 4,000 persons under resettlement and relocation programmes. Refugees admitted under the resettlement programme have been resettled in 39 different communities throughout Ireland and in all four Dublin local authority areas to date. In the coming months, persons admitted under the relocation programme and who have been granted refugee status, subsidiary protection or permission to remain will begin the process of resettlement into local communities. Preparatory work is ongoing in this regard.
Resettlement has been ongoing in Ireland since 2000 when the first refugees were admitted under the resettlement quota programme. Over the years, programmes have been developed to support refugees, known as "programme refugees", post arrival to assist refugees to adjust and to prepare for independent living. A separate programme, building on the work started during the Reception phase, begins in local receiving communities approximately nine months before the refugees move into the local community.
The Resettlement Programme is coordinated at the national level by the Office for the Promotion of Migrant Integration (OPMI), Department of Justice and Equality, and is overseen by an Inter-Departmental Working Group which has representation from mainstream Government Departments, the HSE, and SOLAS. This Inter-Departmental Working Group at a national level is a key driver of the resettlement programme.
Key elements of the post arrival programme are:
- Staff from the OPMI Resettlement Team, accompanied by interpreters, meet the refugees airside on arrival and accompany them to an Emergency Reception and Orientation Centre where they are accommodated for approximately 8 to 12 weeks.
- During the days post arrival the refugees are registered with the Garda National Immigration Bureau (GNIB) where they are issued with a Registration Certificate.
- Refugees are registered with the Department of Social Protection for a public services card and to be assessed for a social protection income.
- Refugees are assisted to apply for a medical card.
- An 8 to 10 week Language Training and Cultural Orientation programme is provided by the Education and Training Board. During this programme, refugees hear about their rights and responsibilities. They have time to ask questions, build confidence and rest. Speakers are invited from various organisations to provide information about their services. Interpretation is provided to ensure a full understanding of the content on the part of the refugees.
- Local Service Providers, volunteers and NGOs visit the Emergency Reception and Orientation Centres to provide services, to provide information and to support and befriend the refugees.
- The period of 8 -10 weeks allows newly arrived refugees to rest and acclimatise to their new environment and culture before being moved to independent living in the community.
- A GP is assigned and refugees have the opportunity to deal with their emergency medical needs. Adults and children who may not have had access to medical services for some time are referred for Dental and Optical assessments.
- Interpreter/Translator/Cross Cultural workers are currently being interviewed to work in the EROCs to facilitate better understanding between service providers and the refugee clients to promote better outcomes for the refugees.
- Childcare is provided free of charge to allow the adults to attend the Language and Orientation programme.
- Education provision is made for school age children by the Department of Education and Skills.
- Refugees are individually assisted to apply for a medical card.
- Emergency medical matters are followed up while resident in the Emergency Reception and Orientation Centres.
- Once the refugees have completed their post arrival Orientation and Language Training programme, and when housing is available, the refugees are transferred to the Local Community with the support of the resettlement team from the OPMI and supported at a local level by service providers and volunteers in the local community.
The Language and Orientation Training that began while resident in the Emergency Reception and Orientation Centre continues post resettlement in the community.
Key elements of the resettlement programme in the Community are:
- The programme is coordinated at local level by a Resettlement Inter-agency Working Group comprising of representatives of all local mainstream Service Providers which is established in each receiving community. The local Inter-agency Working Group is chaired by the Local Authority and supported by the Office for the Promotion of Migrant Integration.
- Work in preparation for the arrival of refugees begins nine months in advance of resettlement.
- Services to refugees are provided on the basis of mainstream model of service provision, while recognising that targeted initiatives may be required during the first year post resettlement as the newly arrived refugees adapt to independent living, a new language and culture.
- Each Service Provider representative on the Inter-Agency Working Group plays a role in the preparation for receiving the refugees.
- GPs, school placement, housing, social protection income and English language training, links with the local NGOs and the Community and Voluntary sector are organised, in so far as possible, in advance of the refugees' arrival in the community.
- Programme refugees admitted for resettlement purposes have, in general, the same rights and entitlements as an Irish citizen in relation e.g. to employment, education and training, medical care, social welfare, access to the courts etc.
- OPMI provides interpretation where required and assists in the resolution of issues arising during the first two weeks post arrival.
- OPMI provides funding to employ a Resettlement Support Worker who works closely with the refugee community to help them to resolve issues arising thus building capacity towards independent living. The Resettlement Support Worker provides day to day support, identifies gaps in services and issues arising relating to accessing services, and brings these to the attention of the Service Provider.
- Language training is provided in the receiving community by the Education and Training Board for a period of 12 months post arrival. Where a person has adequate levels of English, that person is placed in mainstream courses by the Education and Training Board. The person may also be referred to the Department of Social Protection for inclusion in their activation programmes.
- Childcare is provided under mainstream Childcare schemes funded by the Department of Children and Youth Affairs. This facilitates participation by adults in language and other training programmes.
- Children are placed in local schools. Funding is provided through OPMI grants to organise after-schools clubs and to encourage children to participate in school outings, sporting and other activities at a local level.
- Funding is provided by the OPMI to support engagement by adults in local events and activities such as promoting participation in men's shed, women's groups, involvement in the arts and sporting activities, organising intercultural events promoting participation in volunteering at a local level.
- Local NGOs and the Community and Voluntary Sector work in cooperation with the local Resettlement Support Worker to include newly arrived refugees in local activities.
- Local volunteers are encouraged and facilitated to engage with newly arrived refugees at a local level. Funding is provided to encourage outings and visits to local attractions and other activities organised by volunteers, subject to appropriate Garda vetting.
- Adults and children are encouraged to participate in local sporting activities and funding is provided to support this where appropriate.
- All resettled refugees have the contact details of their key OPMI Resettlement Officer should any issues arise that cannot be resolved locally.
It is intended that similar programmes will be put in place for persons relocated from Greece and/or Italy under the Irish Refugee Protection Programme and work is ongoing in this regard.
97. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the timings for the enactment of the Domestic Violence Bill 2016; and if she will make a statement on the matter. [8288/17]
View answerThe Domestic Violence Bill 2017 was published on 3 February and I understand it is due to start Second Stage in the Seanad next week. The Deputy will understand that it is not possible for me to predict the outcome of the legislative process with regard to this or any other Bill. However, my aim is that the Bill will be enacted as soon as possible this year.
98. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality if the fire arms Directive has been implemented here (details supplied); and if she will make a statement on the matter. [8305/17]
View answerOn 18 November 2015, the European Commission proposed a revision of the Firearms Directive (Directive 91/477/EEC as amended by Directive 2008/51/EC). Political agreement was reached on the draft Directive in December 2016. The text was endorsed by the European Parliament’s Internal Market Committee on 26 January 2017 and is due to be voted by the full Parliament in March, and if passed, will then formally be approved by the Justice and Home Affairs Council.
The Firearms Directive allows the Commission to adopt standards and rules on the deactivation of firearms. The Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 (Deactivation Regulation) establishes common guidelines on deactivation within the EU with the objective of addressing problems due to the illegal re-activation of firearms by using pieces of other deactivated arms, home-made pieces or pieces acquired via the internet.
This Regulation sets out common and strict minimum criteria for the way EU countries must deactivate weapons so that they are rendered irreversibly inoperable. This Regulation came into effect on 8 April 2016 and has direct application within this jurisdiction. It is important to note that the Regulation permits both firearms owners and registered firearms dealers to carry out the work required to render the firearm irreversibly deactivated in accordance with the regulation. The firearm must then be submitted to any one of the current [46] national competent authorities within the EU for verification and certification.
Ireland has not appointed a Competent Authority to verify the deactivation of firearms in accordance with this Regulation because there is no significant firearms manufacturing industry in this country and no formal training for a gunsmith is recognised by the State. However, the Department of Justice and Equality has received statements of interest from twelve interested parties who wish to be assessed to be appointed as a Competent Authority for the verification of the deactivation of firearms under the regulation. As the Regulation is currently being revised by the European Commission, these interested parties have been advised that the Department does not propose to progress their applications until the amended text has been agreed and approved by the Commission. In the meantime, the Birmingham Proof House has been approved by UK authorities to verify the deactivation of firearms in accordance with the Regulation and they have indicated their willingness to undertake such verification work for Irish customers.
The possession of any firearm, even after deactivation, will continue to require authorisation by An Garda Síochána.
99. Deputy Darragh O'Brien asked the Tánaiste and Minister for Justice and Equality the Garda numbers for the Malahide Garda station in north Dublin for each of the years 2005 to 2010, inclusive; and if she will make a statement on the matter. [8351/17]
View answerAs 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.
The Malahide Garda Station forms part of the Coolock Garda District and I am informed by the Commissioner that the Garda strength of the Coolock District on the 31 December 2016, the latest date for which figures are readily available, was 208 members of which 31 were assigned to Malahide Garda Station. There are also 18 Garda Reserves and 16 civilians attached to the Coolock District. When appropriate, the work of local Gardaí 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 the 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. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Appointments will also be made to the Garda Reserve of approximately 300.
Since the reopening of the Garda College 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 every Garda Division including the Dublin Metropolitan Region, North Division which includes the Coolock Garda District.
This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.
For the Deputy's information the following table shows the Garda strength of Malahide Garda Station for each of the years 2005 to 2010.
Strength of Malahide Garda Station 2005-2010
|
2005 |
2006 |
2007 |
2008 |
2009 |
2010 |
|
40 |
45 |
46 |
45 |
44 |
38 |
100. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of gardaí by rank in the serious crime review team; if additional personnel and equipment will be allocated to the team in the short term; and if she will make a statement on the matter. [8434/17]
View answerAs 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.
I am further informed that the Serious Crime Review Team (SCRT) continues to review serious cases that remain unsolved and continues to identify evidence and witnesses to assist in the development of these cases.
At the conclusion of each review by the SCRT, a substantive report is provided to the Senior Investigating Officer who considers the opportunities for further investigation. Any recommendation of organisational effect is disseminated within the Garda organisation to improve the overall investigative capability of An Garda Síochána.
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 the organisation, including the specialist units.
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.
I have requested the specific information sought by the Deputy from the Garda Commissioner and when it is to hand I will write directly to the Deputy.
The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 842 answer on Tuesday 21st February, 2017, the text of which was as as follows:-
“To ask the Tánaiste and Minister for Justice and Equality the number of Gardaí by rank in the Serious Crime Review Team; if additional personnel and equipment will be allocated to the team in the short term; and if she will make a statement on the matter.”
At the time I responded to the effect that I would request the information from the Garda Commissioner and I would write directly to you on receipt of the same.
I am advised by the Garda Commissioner that the Serious Crime Review Team (SCRT) operates under the direction of Assistant Commissioner, Special Crime Operations and continues to review serious cases that remain unsolved to endeavour to identify evidence and witnesses to assist in the progressing of these cases.
I am further advised by the Garda Commissioner that a competition for appointment of Detective Gardaí and Sergeants to Special Crime Operations has recently been completed and any vacancies, including any in SCRT, will be considered when personnel are being allocated. Resources are kept under review by senior Garda management within the national units comprising Special Crime Operations in the context of crime trends, policing needs and other operational strategies in place, to ensure optimum use is made of Garda resources and the best possible Garda service is provided in support of operational policing personnel at a District, Divisional and Regional level.
The current personnel strengths at the SCRT are outlined as follows:
|
Rank |
2016 |
|
Superintendent |
1 |
|
Inspector |
1 |
|
Sergeant |
2 |
|
Garda |
4 |
|
Total |
8 |
I hope this information is of assistance.
101. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if she will report on the Garda's Operation Respite; the number of persons arrested and charged to date; the number of successful convictions obtained to date; and if she will make a statement on the matter. [8435/17]
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.
The following deferred reply was received under Standing Order 42A:
I refer tor the recent Parliamentary Question (No. 101 of 21 February 2017) where the Deputy sought: "....report on Operation Respite; the number of persons arrested and charged to date; the number of successful convictions obtained to date....."
As he may recall, the information you requested could not be obtained in the time available, and I undertook to contact him again when the information was to hand.
I am now informed by the Garda authorities that Operation Respite is an initiative introduced in Summer 2016 by local Garda management in conjunction with a number of national units, including the Garda National Drugs and Organised Crime Bureau, following an escalation in organised criminal activity in the Dublin Metropolitan Region South Central.
The objective of the initiative is to disrupt criminal activities, including the sale and supply of drugs and other anti-social behaviour type criminality and to dismantle the Organised Crime Gang involved. Successful information-led interventions, based on intelligence and analysis, are used to generate reductions in crime.
An Garda Síochána continues to target organised criminal groupings at local and community level, utilising all available resources including Divisional Asset profilers working with the Criminal Assets Bureau to deprive criminals access to the benefit of the proceeds of crime.
I am further informed that, according to the most recent figures available, since the initiative was put in place it has resulted in the seizure of drugs, including Heroin, Cocaine, Cannabis, and cash with three individuals arrested. Investigation files have been submitted to the Law Officers in respect of a number of these drug seizures and the remaining incidents are under ongoing investigation. The initiative remains in place and developments continue to be closely monitored.
I am also advised that Operation Hybrid, which was established to co-ordinate the response to the increase in violent crime in Dublin, remains in place and is committed to proactive crime prevention and public safety. Operation Hybrid ensures flexibility around the current policing needs in the Dublin Metropolitan Region, and is reviewed on a weekly basis, to maintain optimal impact. In this context you will be aware that an Armed Support Unit (ASU) for the Dublin Metropolitan Region (DMR) was launched on 14 December, 2016 and has assumed responsibility for armed patrols in the DMR thereby ensuring that An Garda Síochána has a 24/7 armed response capability in Dublin.
I am determined that the Garda will continue to have the necessary resources to face down criminals and dismantle their networks. For the current year I have secured an allocation of €88.5 million for Garda overtime to support large scale policing operations targeting serious crime, and to provide a strong a visible Garda presence in our communities. This is additional to the very significant investments which we are making in the Garda fleet and Garda ICT and systems as well as the accelerated programme of Garda recruitment, which is ongoing.
I hope you find this information useful.
102. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality her views on the fact that equal recognition is not being afforded to both parents in family law child access cases; her plans to review the current child access laws; and if she will make a statement on the matter. [8482/17]
View answerSection 3 of the Guardianship of Infants Act 1964 provides that the best interests of the child shall be the paramount consideration for the court in any proceedings where access to a child is in question.
The best interests of a child are to be determined in accordance with Part V of the Guardianship of Infants Act 1964, inserted by section 63 of the Children and Family Relationships Act 2015. Section 31 of the 1964 Act sets out a wide range of factors that the court is required to take into account when determining the best interests of the child. These factors include the benefit to the child of having a meaningful relationship with each of his or her parents.
Section 11 of the Guardianship of Infants Act 1964 provides that either parent of a child, whether or not he or she is also a guardian of the child, may apply to court for a direction regarding access to the child. A court may also make an order under section 11 when granting a judicial separation or divorce.
The law places an emphasis on recognising the rights of the child to the society of both his or her parents. Section 11D of the 1964 Act obliges the court in proceedings under section 11 to consider whether the child's best interests would be served by maintaining personal relations and direct contact with each of his or her parents on a regular basis.
Section 25 of the 1964 Act requires the court, as it thinks appropriate and practicable, to take into account the child's wishes in access matters, having regard to the age and understanding of the child.
While I have no plans for amendment of the above-mentioned provisions regarding access to children at present, the operation of the law in this area is kept under ongoing review by my Department.
104. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality her plans to introduce mandatory sentences for those persons convicted of burglary where the victim is an elderly person; and if she will make a statement on the matter. [8560/17]
View answerThe laws in place in relation to burglary provide for stringent penalties, including provision for imprisonment for life for those convicted of aggravated burglary and also presumptive minimum sentences.
As the Deputy will be aware, as Minister for Justice and Equality, I have introduced targeted legislative measures dealing with the issue of burglary. The Criminal Justice (Burglary of Dwellings) Act 2016, the purpose of which is to address issues relating to bail and sentencing for prolific burglars of dwellings, provides that persons awaiting trial for burglary of a dwelling who have recent convictions or pending charges for domestic burglaries can be denied bail in appropriate cases.
The Act also provides for consecutive sentences for prolific burglars. Section 2 of the Act inserts a new section 54A into the Criminal Justice (Theft and Fraud Offences) Act 2001. This provision requires a court which decides to impose custodial sentences for multiple domestic burglary offences committed within a 12 month window to impose such sentences consecutively. The provisions apply to adults previously convicted of a domestic burglary committed in the five years before the burglary offence for which they are being sentenced.
The Criminal Justice (Theft and Fraud Offences) Act 2001 provides that a person guilty of burglary is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 14 years or both and section 13 of the Act provides that a person convicted of aggravated burglary is liable on conviction on indictment to imprisonment for life.
In addition, section 26 of the Criminal Justice Act 2007 provides that a court may make a monitoring order for persons convicted of aggravated burglary. The court may also make a Protection of Persons Order which prohibits the offender from engaging in any behaviour that would be likely to cause the victim of the offence fear, distress or alarm. That Act also provides that where a person has been convicted on indictment of a specified offence (which includes aggravated burglary) and sentenced to a term of imprisonment of at least 5 years and commits another specified offence within 7 years of the first conviction, the court must impose a minimum term of imprisonment which is at least three quarters of the maximum sentence provided by law for that offence, or at least 10 years imprisonment if the maximum sentence is life imprisonment, unless to do so would be disproportionate in all the circumstances of the case.
The case for any further strengthening of the law will be kept under review, and the Justice and Equality Joint Committee could play an important role in this regard. However, it must also be borne in mind that the Strategic Review of Penal Policy report published in 2014 made a number of recommendations in relation to sentencing. Adopting an approach similar to the Law Reform Commission in its Report on Mandatory Sentences published in June 2013, the Review Group recommended that no further mandatory sentences or presumptive minimum sentences be introduced and that existing provisions should be reviewed. An Implementation and Oversight Group was established in 2015 to oversee implementation of these recommendations.
Finally, it is important to also mention the activities of Operation Thor which was established to tackle burglary and related crimes, in both rural and urban areas. Since the launch of the operation in November 2015, the burglary figures have shown a significant downward trend and the most recent crime statistics for Q3 of 2016 show a decrease of 31% in burglary for the twelve months ending 30 September 2016 compared to the previous twelve month period.
105. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her views on the overturning on appeal of the ruling in her favour and the subsequent removal of a judgment mortgage by order of the Court of Appeal with respect to civil litigation in which she was a defendant (details supplied); her further views on whether this mortgage was reprehensible; and if she will issue an apology or statement. [8562/17]
View answerAs the Deputy is aware, the courts are subject only to the Constitution and the law, independent in the exercise of their judicial functions. It is therefore not open to me to comment or intervene in any way on the conduct or decision of a particular court case which is a matter entirely for the presiding judge.
106. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality if court ordered access to children in family law will be reviewed in view of the persistent breaches by the parent with custody that go without any court sanctions; and if she will make a statement on the matter. [8600/17]
View answerSection 11 of the Guardianship of Infants Act 1964 provides that either parent of a child, whether or not he or she is also a guardian of the child, may apply to court for a direction regarding access to the child. A court may also make an order under section 11 when granting a judicial separation or divorce. Section 3 of the 1964 Act provides that the best interests of the child shall be the paramount consideration for the court in any proceedings where access to a child is in question.
The law places an emphasis on recognising the rights of the child to the society of both his or her parents. Section 11D of the 1964 Act obliges the court in proceedings under section 11 to consider whether the child's best interests would be served by maintaining personal relations and direct contact with each of his or her parents on a regular basis. Section 25 of the 1964 Act requires the court, as it thinks appropriate and practicable, to take into account the child's wishes in access matters, having regard to the age and understanding of the child.
Section 56 of the Children and Family Relationships Act 2015 inserted a new section 18A into the Guardianship of Infants Act 1964. Section 18A provides that where a parent or guardian of a child has been granted access to the child under the 1964 Act, but he or she has been unreasonably denied such access by another guardian or parent, that person may apply to court for an enforcement order.
The court shall make an enforcement order only where the court considers that access was unreasonably denied, an enforcement order would be in the best interests of the child, and it is appropriate in the circumstances of the case to make an enforcement order. An enforcement order may provide for:
- granting the applicant additional time with the child to help rebuild or strengthen their relationship if it has been disrupted by the denial of access;
- requiring the parent or guardian who denied access to repay the applicant the necessary expenses he or she incurred in trying to exercise access;
- requiring either or both the applicant and the parent or guardian who denied custody or access to undertake a parenting programme or family counselling, or receive information about the possibility of availing of mediation.
The court may not make an order granting additional time with the child unless the child has had the opportunity to make his or her views known and the court has taken them into account.
As Minister for Justice and Equality, I have no role in the enforcement of court orders. This is the function of the courts, which are, subject to the Constitution and the law, independent in the performance of their functions. However, the operation of the law in this area is kept under ongoing review by my Department.
107. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the cost of upgrading information technology systems and or databases to incorporate the use of Eircode; if the use of Eircode is mandatory in her Department; and if she will make a statement on the matter. [8636/17]
View answerThere was no additional cost in upgrading ICT systems and databases in my Department to facilitate the use of Eircodes. The work was carried out by staff in my Department's ICT Division as part of routine updates.
108. Deputy Brian Stanley asked the Tánaiste and Minister for Justice and Equality her plans to provide a support scheme for community alert groups that wish to erect CCTV cameras in their locality to follow on from the successful pilot scheme. [8644/17]
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.
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.
110. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the measures which have been taken to ensure that there will be no future underspend of the asylum, migration and integration fund (details supplied); and if she will make a statement on the matter. [8651/17]
View answerIn my reply to Parliamentary Questions 198 and 199 on 17 January last, I outlined the funding available under the Asylum, Migration and Integration Fund and the objectives on which it is to be spent. I also stated that there is provision for switching allocations between objectives depending on where a greater need might arise and that I was confident that our national allocation will be spent by end 2022. The operation of the Fund is subject to ongoing review at senior level in my Department to ensure that the monies available are fully utilised over this period.
111. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the income figures for the Property Services Regulatory Authority, PSRA, from property service licences per annum; if he will provide a breakdown of expenditure including staffing, operational costs and board members; if he will further provide a breakdown of the income and expenditure of the property services compensation fund; and if she will make a statement on the matter. [8712/17]
View answerThe Property Services Regulatory Authority (PSRA) was formally established on 3 April 2012, pursuant to the provisions of the Property Services (Regulation) Act 2011. Details of the income and expenditure figures of the Authority per annum for the categories requested by the Deputy are set out in the following table. The Property Services Compensation Fund, which exists in order to compensate clients for losses arising from the dishonesty of property service providers, at present has a balance of approximately €2.8 million. No grants have been paid to date from the Compensation Fund.
Table: Income and Expenditure of the Property Services Regulatory Authority
|
Year |
Licence Fee Income |
Staffing Costs |
Operational Costs |
Board Members' Fees |
Compensation Fund Income |
Compensation Fund Expenditure |
|
2012 |
€2,349,000 |
€449,000 |
€75,000 |
€38,000 |
€168,000 |
€0 |
|
2013 |
€2,107,000 |
€664,000 |
€146,000 |
€51,000 |
€903,000 |
€0 |
|
2014 |
€2,206,000 |
€974,000 |
€228,000 |
€51,000 |
€554,000 |
€0 |
|
2015 |
€2,241,000 |
€958,000 |
€279,000 |
€51,000 |
€564,000 |
€0 |
|
2016 |
€2,331,000 |
€1,032,000 |
€629,000 |
€29,000 |
€580,000 |
€0 |
|
Total (2012-2016) |
€11,234,000 |
€4,077,000 |
€1,357,000 |
€220,000 |
€2,769,000 |
€0 |
112. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality the reason the international protection questionnaire is not publicly available; when the questionnaire will be made available; if she will supply a copy of the questionnaire (details supplied); and if she will make a statement on the matter. [8719/17]
View answer113. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality if she will provide an urgent extension of time from three weeks to at least ten weeks for persons to complete the international protection questionnaire (details supplied); and if she will make a statement on the matter. [8720/17]
View answerI propose to take Questions Nos. 112 and 113 together.
As the Deputy will be aware, the International Protection Act 2015 was commenced on 31 December 2016. The Act provides for the introduction of a single procedure which enables all grounds for seeking international protection and permission to remain in the State for other reasons to be examined and determined in one process. The new procedure brings the State into line with protection processing arrangements in all other EU States and gives effect to one of the main recommendations of the McMahon report.
Under the Act, the Office of the Refugee Applications Commissioner (ORAC) has been abolished and responsibility for the investigation and determination of applications for international protection and related permission to remain matters has transferred to a new International Protection Office (IPO) in the Irish Naturalisation and Immigration Service. The IPO is statutorily independent in the performance of its international protection functions.
A comprehensive information process has been put in place by the Irish Naturalisation and Immigration Service and the new International Protection Office to ensure that applicants and their legal representatives are aware of the provisions of the new legislation and particularly how it will impact on applicants who are affected by the transitional arrangements. The transitional arrangements apply to certain applications for refugee status and subsidiary protection which were made before the commencement date and were not finalised for processing by the ORAC and the Refugee Appeals Tribunal (RAT).
I am informed by the Chief International Protection Officer that, as is required by the 2015 Act, in late January/February 2017 the IPO, in addition to placing advertisements in the national media, wrote to approximately 3,000 applicants whose cases were not finalised by the ORAC or the RAT to inform them of the relevant provisions of the 2015 Act and how the transitional provisions would affect their applications. This information was made available in some 17 languages. All applicants received the following documents with the mailshot
- Information Note - Transitional Arrangements (IPO 12),
- Information Booklet for Applicants for International Protection (IPO 1) and,
- Application for International Protection Questionnaire (IPO 2).
On 30 January 2017, the IPO wrote to all legal representatives on record providing information on the new legislation. The legal representatives received copies of the main template letters sent to the applicants along with the Information Note on transitional arrangements (IPO 12). In addition, notices were circulated to Direct Provision centres in relation to the mailshot.
I am also informed by the Chief International Protection Officer that he has held a number of meetings with Non-Governmental Organisations and the UNHCR, through the IPO Customer Liaison Panel, to brief them on the arrangements for the commencement of the Act and for the notification of applicants in relation to the transitional provisions and how these will be operated in practice.
I understand also that additional resources have been provided to the Legal Aid Board to provide advice and assistance to applicants with their applications.
I can inform the Deputy that the letters sent to applicants in January/February 2017 made clear that the Application for International Protection Questionnaire (IPO 2) should be returned "if possible, no later than 20 working days from the date of the covering letter". However, this is purely an administrative deadline and flexibility is being provided by the International Protection Office if extra time is required for its completion and the receipt of legal advice, where required. I understand the IPO has again written to the members of the Customer Liaison Panel to remove any doubt on that score. The IPO, however, remains anxious to re-commence the processing of international protection applications under the 2015 Act on a comprehensive basis and the return of completed Questionnaires and accompanying documents as soon as possible by applicants will assist this process. There is also provision for supplementary information to be provided subsequent to the completion of the questionnaire. Any such additional information should be provided not later than two weeks before the applicant's scheduled interview, if possible.
In relation to the availability of the questionnaire, under the 2015 Act applicants are required to apply in person for international protection either at the frontier or within the State. At that time and in line with the requirements of the 2015 Act, applicants in the IPO are fingerprinted, photographed, issued a reference number and a Temporary Residence Certificate. Normally at that time, the IPO provides the International Protection Questionnaire and an accompanying information pack. In order to maintain the integrity of the Questionnaire and the application process generally, it has never been the practice to make the questionnaire available publicly or online. Such publication would leave the process open to abuse by non-applicants and those who are not at the frontier or within the State as required by law. Additional copies of the questionnaire are, however, provided to applicants and their legal representatives, on request, once their application reference numbers have been assigned.
You will appreciate that the commencement of the International Protection Act 2015 represents the most fundamental reform of the International protection process in the State for nearly two decades. The single procedure process, which should be compared with the previous multi-layered process involving multiple bodies and procedures, will result in the determination of status for applicants at a much earlier stage than has been the case to date, and consequently, shorter stays in the Direct Provision system.
While it is recognised that, for a transitional period, applicants will be required to become familiar with the new arrangements, I can assure the Deputy that support will be provided by the International Protection Office and other relevant State authorities to ensure that clarity is available to applicants on the new arrangements and how they will impact on individual cases.
114. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality if her Department has any means of monitoring the uptake of parental leave across all employment sectors; if so, the details of the uptake rates across sectors; and if she will provide the rates in relation to gender, socioeconomic profile and any other categories. [8733/17]
View answerAs the Deputy will be aware, parental leave is unpaid. There is no reporting obligation on employers in the legislation, as it was considered that this would impose a disproportionate burden on employers, and consequently there is no central repository of statistics on take up.
Qualitative assessments of take up by gender and within different employments might best be obtained via the Quarterly National Household Survey undertaken by the Central Statistics Office or by the Irish Human Rights and Equality Commission as part of its statutory role of keeping the operation of relevant legislation under review as Ireland's Equality Body for EU law purposes, and I have asked my Department to explore these options.
115. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality the number of speeding penalties over the past five years in 60 km/h, 100 km/h and 120 km/h zones; and if she will make a statement on the matter. [8796/17]
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.
116. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the EU funds her Department accesses; the plans she is putting in place to access these funds to a greater degree in view of Brexit; if she will outline initiatives she is pursuing to establish access to new funds in view of the challenge of Brexit; and if she will make a statement on the matter. [8810/17]
View answerI can advise the Deputy that my Department accesses EU funds under a range of headings including the Internal Security Fund, the Asylum Migration and Integration Fund and the European Social Fund. The Deputy will appreciate that of each of the funding streams in question has an agreed set of priorities, objectives and parameters. Plans to access EU funding opportunities is being kept under ongoing review, as are all aspects of EU related activity, in the context of preparing for a new relationship between the UK and the EU.
