Written Answers Nos. 65 - 91
65. Deputy Eoin Ó Broin asked the Minister for Housing, Planning, Community and Local Government if the application of the rent pressure zone scheme to rental accommodation scheme, housing assistance payment and social housing current expenditure programme leases was intentional or accidental; and if he has satisfied himself there will not be unintended consequences for the inclusion of these lease arrangements under the new 4% rent cap. [8990/17]
View answerI refer to the reply to Question No. 247 of 21 February 2017 which sets out the position on this matter.
66. Deputy Thomas Pringle asked the Minister for Housing, Planning, Community and Local Government the amount of funding each county will receive for the buy and renewal initiative and the repair and leasing initiative as part of the recently announced action plan for rural development; and if he will make a statement on the matter. [4166/17]
View answerFunding under the Buy and Renew initiative for social housing will be provided by my Department to local authorities, in line with their advancement of projects. Accordingly, rather than a pre-set allocation of funding for this year, the level of funding to be provided to local authorities will be directly linked to the scale of delivery they achieve on their projects. Any projects to be advanced under this initiative will need to be in areas that meet social housing need, as well as providing reasonable value for money. I have made an initial €25 million available for this initiative this year and propose to increase this to as much as €50 million in 2018, depending on the uptake. I recognise that such projects may be challenging to deliver and must therefore be balanced with the requirement to deliver social housing as early as possible and also bearing in mind the impact on local authority resources.
The Repair and Leasing Scheme has been developed to assist private property owners and local authorities or Approved Housing Bodies to harness the accommodation potential that exists in certain vacant properties across Ireland. The scheme is targeted at owners of vacant properties who cannot afford or access the funding needed to bring their properties up to the required standard for rental property. Over the period 2016 to 2021, it is anticipated that up to 3,500 units will be secured for social housing under this scheme and I have committed to making €140m available over that period.
The scheme was launched in Waterford and Carlow in early October 2016, on a pilot basis, and my Department is now working with local authorities to prepare for the wider national rollout of the scheme. While an amount of €6m had been made available for the scheme to deliver 150 units in 2016, I announced earlier today that I am now providing a further €26m to support the delivery of 800 units under the scheme in 2016. This brings to €32m the amount of funding I am making available for the scheme this year.
Funding will be provided by my Department to local authorities in line with their progress under the schemes. I am keen that local authorities work together with approved housing bodies in their own areas to maximise the potential of this scheme, and I have assured all local authorities that funding is in place to support their activity in this regard.
67. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning, Community and Local Government if, in view of the fact developers can deliver the social housing Part V requirement of any given development in a different location, the way in which this provision will maintain or achieve the social mix that this requirement is meant to provide; and if he will make a statement on the matter. [8952/17]
View answerSection 96(3) of the Planning and Development Act 2000, as amended, sets out six different options that may be considered when a Part V agreement is being made between a developer and a planning authority.
My Department’s Guidelines on Part V of the Planning and Development Act 2000, (January 2017), state that “the priority option which should be pursued by planning authorities is the acquisition of social housing on the development site, by means of transfer of ownership to the planning authority or to an Approved Housing Body.” These Guidelines were issued under section 28 of the Planning and Development Act 2000 and planning authorities are required to have regard to them in carrying out their functions under the Act.
However, it is recognised that there may be occasional cases where this option is not feasible, for example where the size of units is unsuitable for the planning authority, the land or development costs are particularly high, or where there are excessive annual management fees associated with the development. In such cases, the planning authority may seek the transfer of the land or parts of the land, or the transfer of units on another site, as provided for in the Act.
68. Deputy Mick Wallace asked the Minister for Housing, Planning, Community and Local Government if his Department is considering different methods of gathering housing completion data in view of the concerns raised both by housing experts and in the media regarding the accuracy of using ESB connections; and if he will make a statement on the matter. [9019/17]
View answerMy Department receives detailed monthly data from the ESB on the number of connections to the electricity grid; these data have for many years been used as a proxy for house completions as units are normally connected at the point at which the unit is ready for occupation. My Department maintains regular contact with the ESB to ensure that this data set remains relevant and consistent over time. The ESB recently confirmed to the Department that the connections figure includes a small, but not easily quantified, number of re-connections to the grid where the unit was disconnected, and therefore vacant, for at least two years. Furthermore, they also confirmed that service alterations are not included in the connections figures.
My Department also produces annual estimates of the housing stock using census figures, when available, completions data and an evolving estimate for obsolescence of the housing stock. I recently published a first Monthly Housing Indicators Report which showed that there are now clear positive signs of increasing housing activity across all available indicators. This report can be found on the Rebuilding Ireland website at:
http://rebuildingireland.ie/news/january-housing-activity-report/.
My Department is collaborating with the CSO and ESB to identify ways of enhancing and improving the data available on changes to the housing stock to ensure that the best possible information is available to inform policy development and implementation.
69. Deputy Robert Troy asked the Minister for Housing, Planning, Community and Local Government if he will revisit the level of funding provided to the midlands homeless service. [9041/17]
View answerMy Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of homeless services, including accommodation, rests with individual housing authorities. My Department does not fund any service directly, but provides funding to housing authorities towards the operational costs of homeless services.
Under the ‘Section 10’ funding arrangements in place between my Department and housing authorities, Exchequer funding is provided on a regional basis, whereby it is delegated to a lead-authority in each region. Decisions on the organisation and range of accommodation services to be provided are a matter for the individual housing authorities in consultation with the statutory Management Group of the relevant regional Joint Homelessness Consultative Forum, and my Department has no function in relation to such operational decisions.
70. Deputy Thomas P. Broughan asked the Minister for Housing, Planning, Community and Local Government further to Parliamentary Question No. 157 of 8 February 2017, if local authorities are responsible for rehousing housing assistance payment, HAP, tenancies should a HAP landlord exit the scheme in view of the fact that a housing need is considered to have been met when accommodated in a HAP tenancy; and if he will make a statement on the matter. [8832/17]
View answerThe Housing Assistance Payment (HAP) scheme is a form of social housing support. The scheme is underpinned by Part 4 of the Housing (Miscellaneous Provisions) Act 2014. This is distinct from other forms of social housing support where the tenant may not always find their own accommodation and instead are allocated a dwelling in accordance with Section 22 of the Housing (Miscellaneous Provisions) Act 2009.
A key principle of the Housing Assistance Payment (HAP) scheme is that eligible households source their own accommodation in the private rented sector, which best suits their needs in their area of choice. The local authority is not party to the tenancy agreement underpinning a HAP supported tenancy.
As HAP is deemed to be a social housing support under section 19 of the Housing (Miscellaneous Provisions) Act 2009, as amended, households in receipt of HAP are not included on the local authority waiting list for social housing support. However, HAP recipients may access other forms of social housing supports by applying to go on the local authority transfer list. A statutory Ministerial Direction was issued in Q4 of 2014 instructing local authorities to take the necessary steps to ensure that households benefitting from HAP can avail of a move to other forms of social housing support, should they wish to do so, through the transfer option. Furthermore, HAP recipients, who apply to go on the transfer list, should get full credit for the time they spent on the waiting list and be placed on the transfer list with no less favourable terms than if they had remained on the waiting list. In practice, housing authorities inform HAP recipients in writing of their entitlement to apply to go on the transfer list when they are approved for HAP.
Tenancies supported by the HAP scheme are governed by the terms of the Residential Tenancies Act 2004 (as amended) and are afforded the same protections available to all private rental tenancies, which were recently enhanced. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to resolve disputes between landlords and tenants. In the case where a HAP supported tenancy comes to an end, the tenant can find alternative accommodation and retain their eligibility for HAP support or the local authority may decide to offer another form of social housing support to the tenant in accordance with their scheme of letting priorities.
There are more than 18,200 households supported by HAP currently in 28 local authority areas, including homeless households being supported by the DRHE operated scheme for the Dublin Region, and the scheme is working well for the households who are benefitting from the security of the long-term housing support that it offers.
71. Deputy Brian Stanley asked the Minister for Housing, Planning, Community and Local Government if carer's allowance is assessed as income when local authorities are determining rents to be charged under the differential rent scheme. [8828/17]
View answerThe making and amending of rent schemes is the responsibility of local authorities as an integral part of their housing management functions, subject to broad principles laid down by my Department in Circular letter HRT 3/2002 of 6 March 2002. It is a matter for local authorities, when assessing individual households, to consider whether rents payable are in accordance with the authority’s rent scheme. Therefore, decisions on whether or not to disregard either a proportion of income or particular sources of income for the purposes of calculating rents are matters for each individual local authority to consider in accordance with their own rent scheme.
Section 31 of the Housing (Miscellaneous Provisions) Act 2009 allows the Minister to make regulations in respect of various matters to be included in a rent scheme. These can include the sources of household income that may be assessed for the purpose of determining rent levels. Considerable work has been carried out by my Department in developing a draft framework for a harmonisation of the approach to be taken by local authorities in regard to various aspects of rent schemes. This includes providing for a common set of income disregards to be applied by all housing authorities in determining a household’s assessable income for rent calculation purposes.
These proposals are now being examined further in the light of the broader commitment given in the Rebuilding Ireland Action Plan for Housing and Homelessness, to review the disparate systems of differential rents for social housing in place across local authorities. The overall aim is to ensure that housing supports are fair and sustainable, prioritise those on lowest incomes and avoid creating social welfare traps that may prevent people from either returning to work or to the private housing market, while also recognising the fact that a range of approaches to differential rents have become established in different local authority areas. This review is scheduled to be completed before the end of Quarter 2 2017.
74. Deputy John Curran asked the Minister for Housing, Planning, Community and Local Government when he proposes to issue guidelines to local authorities regarding the installation of solar energy farms; and if he will make a statement on the matter. [5425/17]
View answerThere are no specific planning guidelines in place in respect of solar farms. Proposals for individual solar farm developments are subject to the statutory requirements of the Planning and Development Act 2000, as amended, in the same manner as other proposed developments. Planning applications are made to the relevant local planning authority with a right of appeal to An Bord Pleanála.
Under the Planning and Development Act, each planning authority's development plan must set out an overall strategy for the proper planning and sustainable development of the area concerned. Section 10 of the Act requires a development plan to include, inter alia, objectives for the provision or facilitation of the provision of infrastructure, including energy facilities, and many local authorities have developed renewable energy strategies for their areas in this context.
In making decisions on planning applications, planning authorities and the Board must consider the proper planning and sustainable development of the area, having regard to the provisions of the local development plan, any submissions or observations received and relevant Ministerial or Government policies, including any relevant guidelines issued by my Department. Planning authorities must then make their own decisions based on the specific merits or otherwise of individual planning applications.
I am satisfied that the planning code is sufficiently robust to facilitate the assessment of individual planning permission applications for solar farm developments. However, the matter will be kept under review, in consultation with my colleague, the Minister for Communications, Climate Action and the Environment, and his Department - which leads on renewable energy policy - in the context of the Government's White Paper on Energy Policy, published in December 2015, the development of a Renewable Electricity Policy and Development Framework, as well as the finalisation of a new support scheme for renewable electricity by that Department, expected in late 2017.
75. Deputy Eoin Ó Broin asked the Tánaiste and Minister for Justice and Equality the mechanism that exists for occupants of multiple unit developments who have difficulties with their management company or managing agent to make formal complaints to an independent body; and if no such independent complaints body exists, if consideration will be given to amending the Multi-Unit Developments Act 2011 to provide for such a body. [9345/17]
View answerThe position is that the Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs). These are companies registered under the Companies Act, the members of which are the owners of residential units within the development, which are established for the purposes of ownership and management of such common areas.
Section 24 of the Act contains provisions for the resolution of disputes relating to multi-unit developments. It provides that a person, including any member of an OMC, may apply to the Circuit Court for an order to enforce any rights conferred or obligations imposed by the Act. The Circuit Court, if satisfied that a right has been infringed or an obligation has not been discharged, may make such remedial order as it deems appropriate in the circumstances with a view to ensuring the effective enforcement of the right or the effective discharge of the obligation in respect of the multi-unit development concerned.
Statutory provisions concerning the regulation of property management services, including those provided to OMCs, are set out in the Property Services (Regulation) Act 2011. Complaints concerning the provision of services to OMCs by property management agents may be submitted to the Property Services Regulatory Authority established under that Act. The Authority's functions include the investigation of such complaints and the imposition of sanctions where appropriate.
While I have no plans to amend the Multi-Unit Developments Act 2011 at present, the operation of the Act is being kept under review in my Department.
76. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if she will backdate the pensions of Magdalen survivors participating in the ex gratia scheme to retirement age. [9124/17]
View answerThe Magdalen Laundries Restorative Justice Ex Gratia Scheme was set up 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 Training School and later also decided to include a 12th institution, the Training School in Summerhill.
Under the terms of the Magdalen Ex-Gratia Scheme all eligible applicants, in addition to their to their lump sum payment, receive a payment to bring their weekly income from the State to the equivalent of the State Contributory pension. The Department of Social Protection established a special scheme to facilitate this payment. All payments due to the women have been back dated to the 1 August, 2013 in accordance with the Government decision.
77. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if she will ensure that particularly vulnerable Magdalen survivors are provided with personal advocates to ensure they can benefit fully from the ex gratia scheme. [9125/17]
View answerThe Magdalen Laundries Restorative Justice Ex Gratia Scheme was set up 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 Training School and later also decided to include a 12th institution, the Training School in Summerhill.
In his report, Judge Quirke make a clear distinction between what is required for most women and what is required for those lacking full decision making capacity, including those women that are in an institutional setting. All women eligible under the Magdalen Ex Gratia Scheme are being provided with their entitlements - lump sum payments, pension payments and enhanced medical cards and, in general, the enjoyment of these benefits and entitlements do not require a personal advocate. In the vast majority of cases there are no capacity issues and for these women nominated contact people have been identified in the relevant Departments (Justice and Equality, Social Protection, and Health) to assist the women in accessing their entitlements and in advising the women in a professional, confidential and sensitive manner. Also, the Government has provided grants to the Irish Women Survivors Support Network to provide advice and support to the women who are residing in the UK.
Where possible capacity questions raise, officials in my Department are careful to make an initial assessment as to whether the applicant can understand the scheme and sign the relevant legal documentation. If there is any indication that an applicant has capacity issues, officials cross check with other Departments to establish if there are any issues and, if necessary, a medical assessment is sought. With regard to those person who lacks capacity, it is important to note that a personal advocate has very limited powers. A personal advocate does not have power of attorney to make decisions or otherwise to manage the affairs of the person. That is why the provisions of Assisted Decision Making (Capacity) Act 2015 are so important. Payments to 19 women are being processed under the terms of the Assisted Decision Making (Capacity) Act 2015 with proper safeguards having been established.
It should also that women who were in the Magdalen laundries are already covered under section 21 of the Nursing Home Support Scheme Act, 2009 which makes provision for persons to act as care representatives in respect of any person applying for support under that Act.
78. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the progress that has been made on the establishment of the dedicated unit as recommended by a person (details supplied) in the Magdalen commission report. [9126/17]
View answerThe Magdalen Laundries Restorative Justice Ex Gratia Scheme was set up 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 Training School and later also decided to include a 12th institution, the Training School in Summerhill.
The recommendation in the Quirke Report for a “Dedicated Unit” had as its principal purpose the giving of access to information to the Magdalen survivors in relation their monetary, health and other needs. To a large extent, those services are now being provided on a cross Departmental basis so that, for example, expert social welfare advice is provided by a nominated – by region – person in the Department of Social Protection. Similarly, health advice is being provided by a nominated person – by region – in the HSE.
The staff of the Restorative Justice Implementation Unit in my Department which runs the compensation scheme recommended by Quirke, are constantly engaging directly with the Magdalen women and advise them on all aspects of the application process and their other entitlements in a courteous, sensitive and confidential manner. The Citizens Information Board is also in place to provide assistance to those seeking advice on State benefits including housing, education, etc. Given these services, the issue of whether there remains a need for a “Dedicated Unit” as envisaged in the Quirke Report is open to question but a final decision in this matter will be made in the fullness of time.
The priority at this stage is to complete the restorative justice compensation process so that the Magdalen women have their lump sum compensation payments, their pension entitlements and their medical cards.
79. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality the annual targets to increase the civilian component of An Garda Síochána; and if she will make a statement on the matter. [9143/17]
View answerThe Government has an agreed overall vision for the Garda workforce of 21,000 personnel by 2021 to include 15,000 Garda members, 2,000 Garda Reserve members and 4,000 civilians. This very substantial investment in personnel is driven by our commitment to ensuring that all citizens have the reassurance of a visible, responsive and effective policing service.
At present there are approximately 2,000 civilians in the organisation carrying out senior management, administrative and technical roles. 4,000 civilians will effectively double this figure and represents a medium term target of 20% civilians over the next 5 years. This will bring An Garda Síochána, currently with 14% civilians, more into line with international norms and ensure that trained police men and women, are available for and utilised in operational areas.
To support the implementation of this vision, Budget 2017 has provided funding for 800 Garda trainees, 300 Reserves and up to 500 civilians. The recruitment and appointment of these additional civilians will facilitate the Commissioner in addressing capacity and critical skills gaps across the organisation including in corporate supports, change management, human resources and financial management at the national, regional and Divisional levels, and also to begin the phased redeployment of Gardaí to front-line policing roles. These additional resources will make an important contribution to the delivery of the ambitious reform agenda set out in the Commissioner's Modernisation and Renewal Programme 2016-2021 and will facilitate deeper civilianisation in the coming years.
The Garda Commissioner has agreed that the 20% target will be achieved through a twin-track approach: firstly, the identification of Gardaí filling roles that could be done by suitably qualified civilians of whom the Garda Inspectorate has indicated there may be in the region of 1,500, and secondly, the application of a "civilian by default" policy. Under this policy all new posts, other than operational policing posts, and non-operational policing posts that become vacant, will be filled by civilian staff with the appropriate skills and expertise. Having regard to the Policing Authority's statutory functions in relation to approving the number and grades of civilian staff in An Garda Síochána, and making senior appointments, I have requested the Commissioner, in conjunction with the Authority, to prepare a 5 year plan to achieve the 20% target through the rigorous application of these policies. Work is underway on this plan and I am informed by the Authority that of the 500 civilians to be recruited this year, Garda management has indicated that some 30% will lead to redeployment opportunities which is a very welcome start on a road that has the potential to make a huge contribution to ensuring that we have an effective and efficient police service.
80. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality the total number of gardaí likely to retire in the course of 2017 and 2018 in the Sligo-Leitrim constituency; the likely number of replacements on completion of training; and if she will make a statement on the matter. [9153/17]
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.
I am assured that Garda management keeps the allocation of resources of a Regional Divisional and District level, under continual review taking into account of a range of factors including retirements, in the context of crime trends, and policing needs to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.
Retirement of members of An Garda Síochána is governed by statutory provisions which set the mandatory retirement age for all members at 60 years of age. Members of An Garda Síochána who joined the organisation prior to 1 April 2004 may retire on full pension once they have served for at least 30 years and they have reached 50 years of age. Members of An Garda Síochána who joined the organisation on or after 1 April 2004 may retire on full pension once they have served at least 30 years and have reached 55 years of age. Accordingly a member has the option of continuing to serve until they reach 60 years of age.
I am informed that it is projected that in the region of 300 members will retire from An Garda Síochána in 2017 and 2018. However due to the voluntary nature of the majority of retirements, it is not possible to give an accurate indication of the number of projected retirements on a Divisional basis.
This Government is committed to ensuring visible, effective and responsive policing throughout the country in order to strengthen community engagement, provide reassurance to citizens and prevent 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.
I am informed by the Garda Commissioner that since the reopening of the College 838 recruits have attested as members of An Garda Síochána. I am further informed that 750 Garda are scheduled to attest this year. This will see Garda numbers increasing to around the 13,500 mark by year end when projected retirements are taken into account.
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 Sligo/Leitrim Division in the coming years.
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.
In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Garda Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and classroom based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.
81. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality the extent to which the Garda numbers throughout counties Sligo, Leitrim, Cavan and south Donegal are likely to be increased over the next 12 months with a breakdown by county; her views on whether this will affect the hours of various Garda stations; and if she will make a statement on the matter. [9154/17]
View answerThe Deputy will appreciate that the Garda Commissioner is primarily responsible for decisions in relation to the distribution of Garda resources, including Garda station opening hours, and I, as Minister, have no direct role in these matters. 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.
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.
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 Sligo/Leitrim, Cavan/Monaghan and Donegal Divisions in the coming years.
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.
82. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality if she will provide an update on the success of Operation Thor; if this has had any impact on crime levels in the Sligo-Leitrim division; and if she will make a statement on the matter. [9155/17]
View answerAs the Deputy will be aware, Operation Thor has been put in place to tackle burglary and related crimes, in both rural and urban areas. It is encouraging to note that since the launch of the operation in November 2015, the burglary figures have shown a significant downward trend. Indeed, the most recent CSO official recorded crime statistics for Q3 of 2016 show a decrease of 31% in burglary for the twelve months ending 30 September 2016 compared to the previous twelve month period. This reflects the success of the concerted Garda drive against crime being implemented under Operation Thor. If we look at the first nine months of 2016, the figures for the Sligo Leitrim Garda Division show a reduction in Burglary of 38% compared to the same period in 2015.
If I might illustrate the scale of Garda activity against burglary and property crime – under Operation Thor we have seen 38,894 crime prevention patrols and in the order of 50,823 targeted checkpoints nationwide. There have also been in the region of 3,053 arrests and 3,733 charges covering a range of offences which, in addition to burglary, have included handling stolen property, possession of firearms and drugs offences.
We have also seen the enactment of specific legislation targeting prolific burglars in the Criminal Justice (Burglary of Dwellings) Act 2015. These provisions are now available to Gardaí in relation to prosecutions arising from the concentrated drive against crime which is being implemented under Operation Thor, which is supported by very significant investments in Garda resources. The reduction in burglaries as a result of Operation Thor will not of course be indicated in the detection rate statistics when they become available for the relevant period but the prevention of crime is always preferable to crimes having been committed which must then be detected.
The Criminal Justice (Forensic Evidence and DNA Database System) Act was commenced a year ago and introduced the DNA database, which provides Gardaí with investigative links ('hits') between people and unsolved crimes including burglaries. It is anticipated that this should significantly assist in improving detection rates for burglary over the coming years.
In conclusion, Operation Thor and the drive against burglary is supported by the commitment to increase Garda numbers to a Force of 15,000 as well as the very significant resource allocations which the Government has made to ensure by a strong and visible police presence throughout the country.
83. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality if there are any capital funding streams for the provision of new public CCTV systems; if there are any current funding streams to assist gardaí with the monitoring of such systems; and if she will make a statement on the matter. [9174/17]
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.
84. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality if consideration will be given to the need for an independent complaints mechanism for those persons living in direct provision; and if she will make a statement on the matter. [9176/17]
View answerI have agreed that the remit of the Offices of the Ombudsman and the Ombudsman for Children should be extended to allow them to receive complaints from persons residing in State provided accommodation. The necessary logistical and administrative steps are being put in place to allow this to be introduced in the coming weeks and full briefing will be provided by both offices to residents and managers alike. I am delighted that this now gives effect to one of the key recommendations of the Report of the Working Group on Improvements to the Protection Process, including Direct Provision and other supports for Asylum Seekers.
The type of complaints that will be accepted will be those relating to the services provided to protection applicants in their State provided accommodation centre. Complaints relating to the international protection process itself will not fall within this arrangement.
85. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality when the archive of the interdepartmental committee on the Magdalen laundries will be made available. [9177/17]
View answerThe archive of State records of the Inter-Departmental Committee on the Magdalen Laundries (the McAleese archive) is held in the Department of An Taoiseach. The McAleese report specifically states that it was agreed that the most appropriate course of action would be that the archive of the Committee’s work would be deposited with An Taoiseach. The records provided by the religious congregations concerned were returned to them and are not part of the State archive.
The religious congregations involved gave full access to the Inter Departmental Committee and its report provides a wealth of information, in anonymised form, for those interested in research.
Both sets of records contain very sensitive personal data. In relation to the records held by the religious congregations, I am informed that a person who had been in the Magdalen Laundry concerned will be given access to their own records. As regards general access, that is a matter for the congregations themselves subject to the Data Protection Acts. In relation to the State archive there are no plans to make it available publicly at this time and, at all events, the records are subject to the Data Protection Acts.
86. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality the number of persons who have been issued with IPO 2 forms to date; the process being followed for the issuing of these forms to persons in direct provision; when others can expect to receive these forms and the sequence in which they will be received, that is, alphabetical, random or according to the stage at which their asylum or claims for protection are currently; the steps that will follow for each individual asylum seeker following submission of the new forms; and if she will make a statement on the matter. [9183/17]
View answer88. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality the number of protection officers currently employed; the nature of the training they have received; and if she will make a statement on the matter. [9185/17]
View answer89. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality the provisions that have been made for the processing of a large number of IPO 2 forms; and if she will make a statement on the matter. [9186/17]
View answer102. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if she will extend the timeframe for completion of the new asylum seeker application form which is causing confusion and stress in view of the fact that asylum seekers are unable to navigate the new 60-page form and access the suggested legal advice within the 20-day deadline period. [9389/17]
View answerI propose to take Questions Nos. 86, 88, 89 and 102 together.
I refer the Deputies to my response to Questions 112 and 113 of Tuesday 21 February in which I explained the background to the issue of the Application for International Protection Questionnaire (form IPO 2) and dealt comprehensively with the issue of the time afforded to applicants for protection to complete the questionnaire.
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 protection applicants and their legal representatives are aware of the provisions of the International Protection Act, 2015 and particularly how it will impact on protection 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 (31 December, 2016) and were not finalised for processing by the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT).
The planning for the commencement of the Act took place during 2016, involving consultation with Non-Governmental Organisations (NGOs) and correspondence with applicants alerting them to the transition arrangements. 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 commencement of the relevant provisions of the 2015 Act and how the transitional provisions would affect their applications. 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).
I understand that the relevant mailshot was sent on an incremental basis initially to both adult applicants in Direct Provision and to those with private addresses. That information was sent out first in English followed by material in 17 other languages. Forms are currently being sent out to minors who have applications in their own right.
On 30 January 2017, the IPO wrote to all legal representatives on record, providing comprehensive information on the new legislation. 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 NGO's and the UNHCR over recent months, 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.
Early access to legal advice is a recognised success factor in the operation of a single applications procedure and the position in with regard to the Legal Aid Board and its role is set-out in my response to PQ Number 87 also for answer today.
In order to ensure applicants had sufficient time to familiarise themselves with this new system, there is no deadline, statutory or otherwise, set in any correspondence sent out by the IPO. I can inform the Deputies that the information sent to applicants in January/February 2017 made clear in Paragraph 7.3 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". The next paragraph 7.4 went on to state clearly that opportunities to add to the information supplied exist up to two weeks before the scheduled interview. The word deadline or statutory deadline does not exist and no negative consequences for failing to meet an 'if possible' time frame were included or implied. The twenty working day time frame reflects the willingness of the IPO to begin work on the new single procedure as soon as possible in respect of legacy applications.
I am happy to restate that this is purely an administrative time-frame and NGOs and service providers have been informed of that throughout the planning process. Flexibility is being provided by the International Protection Office, a call centre is available to answer any queries and if extra time is required for its completion, as the wisdom of accessing legal advice is stressed in the questionnaire, no impediment or disadvantage exists to prevent the careful filling out of the new single application form. I understand, so as to remove any false impressions that may be circulating abroad that the 'if possible' time-frame is some sort of statutory deadline, the IPO has again written to the members of the Customer Liaison Panel in the past few days to confirm the arrangements and that similar clarification is being provided on the IPO website.
Applicants have also been clearly advised, as referred to above, that should they or their legal advisors need to provide supplementary information to the International Protection Office after the they have submitted the questionnaire, they can also do so, up to two weeks prior to the date of their scheduled interview, if possible. This timescale will facilitate the translation of documents if required and ensure that the IPO interviewer has all their papers available and considered in advance of the interview date.
In relation to the processing of cases, when the application for International Protection Questionnaire and other supporting documentation is returned by applicants, I am advised by the Chief International Protection Officer (CIPO) that he intends to schedule applications in the IPO primarily on the basis of date of application (oldest cases first). The prioritisation of international protection applications is provided for in the International Protection Act 2015 subject to the need for fairness and efficiency. The CIPO intends to publish a Statement shortly on the planned approach to prioritisation, having consulted the UNHCR and relevant NGO's on the matter.
There are over 100 staff assigned to the IPO at present all of whom have been authorised to perform the functions of international protection officers. These staff will be used to support the single procedure process and in undertaking a variety of functions such as the registration and fingerprinting of applicants, the issue of Temporary Residence Certificates, the scheduling of cases for interview as well as interviewing applicants and preparing and issuing international protection recommendations and decisions in relation to permission to remain. The permanent staff are supported by a Panel of some 35 persons with legal expertise who are retained on a contract for service basis to undertake interviews and prepare international protection recommendations and permission to remain decisions.
In relation to the issue of training, Deputies will wish to be aware that all staff employed in the IPO, as well as Panel members, have previously served in the Office of the Refugee Applications Commissioner so they have considerable expertise in the protection area. In addition to this expertise and training already provided, case processing staff and Panel members in the IPO have received substantial training on the assessment of applications in the context of the introduction of the single procedure process and more training is planned over the coming weeks. Such training is provided by a combination of in-house experts in that Office as well as by the UNHCR. In this regard, UNHCR protection and training experts have been located in the ORAC for the purpose of supporting the protection determination process there for a number of years. In the context of the single procedure, a UNHCR expert from Canada with considerable expertise in the operation of a single procedure process is currently working in the IPO for the purpose of developing internal procedures, providing protection training and supporting quality assurance systems. That international expert is supported by other UNHCR experts as required.
You will appreciate that the commencement of the International Protection Act 2015, which provides for the introduction of the single application procedure, represents the most fundamental reform of the international protection process in the State for nearly two decades. Therefore it is essential that no statutory deadline is imposed on applicants by the IPO. The single procedure process, unlike the previous process which involved multiple bodies and procedures, will result in a more streamlined approach contributing to 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 Deputies 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.
87. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality the resources that have been made available to services such as the Legal Aid Board to assist asylum seekers with the lengthy IPO 2 forms; the means by which asylum seekers have been made aware of such steps; and if she will make a statement on the matter. [9184/17]
View answerI am informed that since the commencement of the International Protection Act, the Legal Aid Board has committed to providing all international protection clients with early legal advice on all aspects of their application (including, for example, Asylum, Subsidiary Protection and Permission to Remain). The provision of the Board’s service is consequently front-loaded to the first instance stage (pre-questionnaire and interview).
The Board uses a mixed model of service provision in international protection cases, i.e. a proportion of cases are referred to solicitors employed by the Board, and a proportion of cases are referred to private practitioners on a fee per case basis.
International protection clients receive a full information consultation before completing their questionnaire, wherein the provisions of the Act are explained, their own obligations as applicants are outlined and the requirements of the questionnaire are explained in full.
All clients are provided with a further consultation pre- interview in which legal advice on the particulars of their claim based on their completed questionnaire is given and submissions are drafted and made to the IPO.
Significant additional funding to provide for 15 full time staff for the Legal Aid Board has been provided by my Department. In addition, the budget assigned by the Board for Private Practitioners in International Protection cases has been increased.
The Legal Aid Board’s contact details have been included in correspondence from the International Protection Office to applicants and information on the service provided by the Board is available on the Board’s website, www.legalaidboard.ie.
90. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the number of gardaí in County Waterford assigned to the drug squad for the years 2014, 2015, 2016 and to date in 2017, by rank, in tabular form; and if she will make a statement on the matter. [9187/17]
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.
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 can assure the Deputy that An Garda Síochána continues to pro-actively and resolutely tackle all forms of drug crime in this jurisdiction. The Garda National Drugs and Organised Crime Bureau leads out the policing strategy for tackling drugs supply and works closely with dedicated Divisional Drugs units and other national units, including the Criminal Assets Bureau (CAB) in targeting persons involved in the illicit sale and supply of drugs. This approach allows for the co-ordinated use of Garda resources in tackling all forms of organised crime, including illicit drug activity nationwide.
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 Divisional Drug Units in the coming years.
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 support An Garda Síochána in tackling all criminal activity.
For the Deputy's information I have set out below in tabular form the strength of the Waterford Divisional Drugs Unit for the years 2014, 2015 and 2016 as provided by the Garda Commissioner. Figures for 2017 to date are not readily available from the Commissioner at this time.
Strength of Waterford Divisional Drugs Unit 2014-2016
|
- |
Sergeant |
Garda |
Total |
|
2014 |
1 |
4 |
5 |
|
2015 |
0 |
5 |
5 |
|
2016 |
0 |
5 |
5 |
91. Deputy Jim Daly asked the Tánaiste and Minister for Justice and Equality the regulations and guidelines in place for international students arriving here; and if she will make a statement on the matter. [9194/17]
View answerStudent migration and international education contributes significantly to Ireland both culturally and economically. Its importance has been underscored by successive Programmes for Government and Ireland's International Education Strategies 2010 and 2016. The first round of student immigration reforms began in 2011 with the publication of the ‘New Immigration Regime for Full-Time Non-EEA Students’ which distinguished for the first time between different categories of international student. Further reforms were introduced in 2014 refining the kinds of educational programmes eligible for immigration purposes. The student section of the website (http://www.inis.gov.ie/en/INIS/Pages/Students) of the Irish Naturalisation and Immigration Service contains links to important policy and guidance documents for international students intending to take up their studies in the State.
