Tuesday, 7 Mar 2017

Written Answers Nos. 98-112

Garda Deployment

Questions (98)

Jim O'Callaghan

Question:

98. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of staff in each Garda division that assigned to each Garda victim service office, in tabular form. [11287/17]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

A key element of the Garda Modernisation and Renewal Programme 2016-2021 is ensuring victims are at the heart of the service provided by An Garda Síochána and that they receive the quality service to which they are entitled. Following a successful pilot programme, the Commissioner has now put in place Garda Victim Service Offices across all 28 Garda Divisions. These offices provide a central point of contact for victims of crime in each Division and are staffed by specially trained Garda members and civilian personnel.

I have requested the specific information sought from the Commissioner and when it is to hand I will forward it to the Deputy.

Visa Applications

Questions (99)

Joan Burton

Question:

99. Deputy Joan Burton asked the Tánaiste and Minister for Justice and Equality when a decision will be made on an application for the spouse of a person (details supplied). [11288/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application referred to was received in the Irish Visa Office in New Delhi on 21 November 2016. The application is currently awaiting examination.

I am further advised that while a business target of 6 months is advertised for long term 'join family' applications where the spouse is an Irish national, this time-frame is subject to the receipt of all required documentation as set out in the Family Reunification Policy Document updated in December 2016. The Visa Office endeavours to have applications of this nature processed earlier than this target but this is not always possible. As you will appreciate, in order to be fair to all applicants, applications are processed in order by date received. Both the applicant and the sponsor will be informed as soon as a decision is made.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

In addition, applicants may themselves e-mail queries directly to the New Delhi Visa Office ([e-mail]).

Naturalisation Applications

Questions (100)

Joan Burton

Question:

100. Deputy Joan Burton asked the Tánaiste and Minister for Justice and Equality when a determination will be made on a citizenship application by a person (details supplied); and if she will make a statement on the matter. [11289/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of an application for a certificate of naturalisation from the person referred to by the Deputy, who currently has permission to reside in the State until 28 February 2019, is ongoing with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Prison Staff

Questions (101)

Thomas P. Broughan

Question:

101. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if new entrants to the position of prison officer will be in receipt of rent allowance; and if she will make a statement on the matter. [11302/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am informed by the Irish Prison Service that discussions are currently ongoing between the Irish Prison Service and the Prison Officers' Association on the productivity/reform measures required for the reinstatement of the rent allowance to new Recruit Prison Officers. Once finalised, these will be submitted to the Department of Public Expenditure and Reform, which is the sanctioning authority for such payments.

Road Traffic Offences Data

Questions (102, 103)

Thomas P. Broughan

Question:

102. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of roadside checks of heavy goods vehicles in each of the years 2014 to 2016 and to date in 2017; the number of heavy goods vehicle drivers arrested for road traffic offences, indicating the road traffic offences, in the same period; the number of prosecutions that were brought and convictions made; and if she will make a statement on the matter. [11304/17]

Thomas P. Broughan

Question:

103. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number and results of discrete heavy goods vehicles stopping and checking operations An Garda Síochána has carried out to detect the permit status of heavy goods vehicles requiring a permit in 2016 and to date in 2017; the number of tachograph checks carried out; and if she will make a statement on the matter. [11306/17]

Written answers

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 102 and 103 together.

I have requested a report from the Garda authorities in relation to the information requested by the Deputy and I will contact the Deputy directly upon receipt of the relevant information.

Insofar as conviction statistics are concerned, the Courts Service is not in a position to match specific prosecutions initiated to court results.

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

I refer to Parliamentary Questions No. 102 and 103 of 7 March 2017, which are detailed below for ease of reference.

PQ No. 102 – ‘the number of road side checks of heavy goods vehicles in each of the years 2014 to 2016 and to date in 2017; the number of heavy goods vehicle drivers arrested for road traffic offences, indicating the road traffic offences, in the same period; the number of prosecutions that were brought and convictions made’.

PQ No. 103 – ‘the number and results of discrete heavy goods vehicle stopping and checking operations An Garda Síochána has carried out to detect the permit status of heavy goods vehicles requiring a permit in 2016 and to date in 2017; the number of tachograph checks carried out’.

As you will recall, the Courts Service is not in a position to match specific prosecutions initiated to courts results, and the information requested from An Garda Síochána could not be obtained in the time available and I undertook to contact you again when it was to hand. I am informed by An Garda Síochána that only Mandatory Alcohol Testing (MAT) Checkpoints and Heavy Good Vehicle (HGV) Checkpoints conducted with external agencies (including those conducted under the auspices of the European Traffic Police Network (TISPOL)) are recorded on the PULSE system. As such, I am advised, that the specific information sought by you is not readily available, as it would necessitate the disproportionate expenditure of Garda time and resources to collate same.

I am, however, advised by the Garda authorities that the total number of Heavy Good Vehicle (HGV) checkpoints conducted by An Garda Síochána with external agencies (including those conducted under the auspices of TISPOL) since 2014 is 4,860* and of these 1,703* have taken place since 2016.

I am also advised that the total number of tachograph offences detected by An Garda Síochána since 2014 is 3,085*. (*figures, valid at to 2 March 2017, are operational, provisional and subject to change.)

It is not possible to identify if these offences were detected at specific dedicated HGV checkpoints or on other occasions of interventions/detections etc., as records held do not differentiate the circumstances during which offences were detected.

Both strategic, targeted operations and general methods of enforcement have a valuable role to play in An Garda Síochána's road traffic enforcement programme, which targets locations with a view to preventing the commission of offences, detecting errant motorists, changing their behaviour and ultimately reducing death and injuries on our roads. Both formal checkpoints, such as MAT and Multi Agency HGV checkpoints, and informal checkpoints, form par of these operations and are conducted by An Garda Síochána, either singularly or with other agencies. These agencies include the Road Safety Authority, Taxi Regulator, Revenue Commissioners (Customs & Excise) and the Department of Social Protection.

I hope this information is of assistance.

Road Traffic Offences Data

Questions (104)

Thomas P. Broughan

Question:

104. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of roadside checks of buses and mini buses, vehicles to carry eight or more passengers in each of the years 2014 to 2016 and to date in 2017; the number of drivers of such vehicles arrested for road traffic offences, indicating the road traffic offences, in the same period; the number of prosecutions brought and convictions made; and if she will make a statement on the matter. [11307/17]

Written answers

Tánaiste and Minister for Justice and Equality

I have requested a report from the Garda authorities in relation to the information requested by the Deputy and I will contact the Deputy directly upon receipt of the relevant information.

Insofar as conviction statistics are concerned, the Courts Service is not in a position to match specific prosecutions initiated to court results.

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

I refer to Parliamentary Question No. 104 of 7 March 2017, in which the Deputy asked ‘the number of road side checks of buses and mini buses, vehicles to carry eight or more passengers in each of the years 2014 to 2016 and to date in 2017; the number of drivers of such vehicles arrested for road traffic offences, indicating the road traffic offences, in the same period; the number of prosecutions brought and convictions made’.

As the Deputy will recall, the Courts Service is not in a position to match specific prosecutions initiated to courts results, and the information requested from An Garda Síochána could not be obtained in the time available and I undertook to contact you again when it was to hand.

I am informed by An Garda Síochána that the specific information sought by you is not readily available and would necessitate the disproportionate expenditure of Garda time and resources to collate the data requested.

I am advised that road traffic legislation is enforced as part of the day-to-day duties of members of An Garda Síochána, as well as through a programme of high visibility road safety and enforcement operations, carried out in partnership with other state agencies. Garda operations specifically target road use behaviour known to contribute significantly to collisions, including driving while intoxicated, as well as speeding and use of a mobile phone. Both strategic, targeted operations and general methods of enforcement have a valuable role to play in An Garda Síochána's road traffic enforcement programme, which targets locations with a view to preventing the commission of offences, detecting errant motorists, changing their behaviour and ultimately reducing death and injuries on our roads.

Both formal checkpoints, such as MAT and Multi Agency HGV checkpoints, and informal checkpoints, form part of these operations and are conducted by An Garda Síochána, either singularly or with other agencies. These agencies include the Road Safety Authority, Taxi Regulator, Revenue Commissioners (Customs & Excise) and the Department of Social Protection.

I hope this information is of assistance.

Property Registration

Questions (105)

Thomas Byrne

Question:

105. Deputy Thomas Byrne asked the Tánaiste and Minister for Justice and Equality the status of an application for land registry by a person (details supplied). [11348/17]

Written answers

Tánaiste and Minister for Justice and Equality

I can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.

The Deputy will be aware of the service to TDs and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round.

I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.

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

Peace Commissioners

Questions (106)

Jackie Cahill

Question:

106. Deputy Jackie Cahill asked the Tánaiste and Minister for Justice and Equality if a stamp issued by her Department can be given to appointed peace commissioners to allow them to carry out their duties in a professional manner; and if she will make a statement on the matter. [11415/17]

Written answers

Tánaiste and Minister for Justice and Equality

Peace Commissioners are appointed under section 88 of the Courts of Justice Act, 1924. That legislation does not require that Peace Commissioners add a stamp to their signature and it is not a requirement of my Department that they have a stamp. A Peace Commissioner’s signature is the only official requirement.

No case has been made to me that a stamp is necessary and I do not intend to amend the legislation relating to Peace Commissioners at this time. Nonetheless, I will keep the matter under review.

Public Relations Contracts Expenditure

Questions (107)

John Brady

Question:

107. Deputy John Brady asked the Tánaiste and Minister for Justice and Equality the amount her Department spent on public relations consultants and all matters relating to public relations costs in 2016; and if she will make a statement on the matter. [11433/17]

Written answers

Tánaiste and Minister for Justice and Equality

My Department did not incur any costs in relation to the provision of public relations services in 2016. It is my Department's policy to use in-house resources as much as possible and to restrict the use of external groups to a minimum.

Gambling Legislation

Questions (108, 109, 110, 111)

Anne Rabbitte

Question:

108. Deputy Anne Rabbitte asked the Tánaiste and Minister for Justice and Equality if, following the Taoiseach's commitment on 14 December 2016 that he would make the gambling control Bill a priority, she will confirm that her Department has been provided sufficient resources to complete the task of writing the Bill; the progress of the Bill; and if she will make a statement on the matter. [11466/17]

Anne Rabbitte

Question:

109. Deputy Anne Rabbitte asked the Tánaiste and Minister for Justice and Equality if she has identified the individual pressing areas of concern regarding gambling legislation that she plans to address by way of separate legislative matters ahead of the gambling control Bill, as raised in Dáil Éireann on 16 December 2016; if so, if she will highlight such areas; and the effect this will have on the ultimate progression of the Gambling Control Bill. [11467/17]

Anne Rabbitte

Question:

110. Deputy Anne Rabbitte asked the Tánaiste and Minister for Justice and Equality the reason she intends on prioritising certain areas of gambling legislation by way of separate legislative matters in Q1 2017, ahead of the full gambling control Bill, particularly if she plans to bring forward the main gambling control Bill for Government approval and publication later in 2017. [11468/17]

Anne Rabbitte

Question:

111. Deputy Anne Rabbitte asked the Tánaiste and Minister for Justice and Equality if she will ensure that the gambling control Bill will be published in 2017, in line with commitments made by her in Dáil Éireann on 24 January 2017 that it would be brought forward for Government approval and publication in 2017; and the specific measures she envisages as hindering its final drafting. [11469/17]

Written answers

Minister of State at the Department of Justice and Equality

I propose to take Questions Nos. 108 to 111, inclusive, together.

As I have previously conveyed to the House, it remains the intention to proceed with gambling legislation at the earliest opportunity including under the powers of the Minister for Justice and Equality under the gaming and lotteries legislation which have been delegated to me as Minister of State. The preparation of a Gambling Control Bill, and of a number of related early measures for inclusion in the General Scheme of the forthcoming Courts and Civil Law (Miscellaneous Provisions) Bill, continues on that basis. I intend to move forward as quickly as possible with the appropriate measures on both of these fronts. In that endeavour, I am being assisted by the staff of the Department of Justice and Equality who have been previously assigned to support me in this work in both the Gambling Policy and Civil Law Reform areas. Against that background I am not aware of any issues that are, as the Deputy has put it, hindering final drafting of the legislation concerned. I can also confirm that it remains my intention to bring forward the main Gambling Control Bill for government approval and publication, as the Deputy has anticipated, later this year.

Work on the preparation of the General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill is at an advanced stage in my Department. The General Scheme for this Bill will contain a range of provisions, many of them technical in nature, that are expected to relate to such matters as electronic courts services and some early amendments, as previously signalled, to gaming legislation. In that regard, we expect to bring forward a number of useful modernisation and clarification measures to the outdated Gaming and Lotteries Act 1956. In particular, it is hoped to address issues concerning minimum age for gambling activities, realistic stake and prize amounts and a clearer setting out of the circumstances for the conduct of certain activities. It is anticipated that the General Scheme of the miscellaneous Bill will be brought to Government by the Tánaiste this month for approval both to publish it and to submit it for pre-legislative scrutiny and for detailed drafting to the Office of the Parliamentary Counsel.

In parallel to these imminent measures, work also continues in bringing forward the main Gambling Control Bill building on the General Scheme that was published in 2013. Deputies should be cognisant that the preparation of legislation providing for the regulation of a large, multi-million euro economic activity, with significant cross-border and electronic on-line operations, will be a major and complex undertaking.

In support of this work, I published, on 23 February 2017, a study by University College Dublin under Dr. Crystal Fulton which I had commissioned at the end of 2016. The aims of the study, entitled "Developments in the Gambling Area - Emerging trends and issues supporting the development of policy and legislation in Ireland", were to identify developments in the area of gambling, inclusive of all aspects of gambling such as technological innovation and international legislation, and, to identify new or emerging legislative and policy issues in the area of gambling not currently represented in the original General Scheme and which may need to be addressed in new legislation. The study can be accessed through the internet link http://justice.ie/en/JELR/Pages/PB17000062.

Along with officials of my Department, I am continuing to consult with relevant stake-holders. We are particularly mindful to hear from those who work with persons for whom gambling has become a problem. In that spirit, I look forward to discussing quite soon, with the Deputy and other Members, the gambling measures that will be contained in the General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill and, after that, to discussing the main Gambling Control Bill when it, in turn, is approved by Government for publication.

Prison Service

Questions (112)

Eamon Scanlon

Question:

112. Deputy Eamon Scanlon asked the Tánaiste and Minister for Justice and Equality if the Prison Service will recruit staff in the near future; the procedures to be used; her views on the fact that applicants that already hold the relevant custodial care qualification must go through stages one and two of the recruitment process; and if she will make a statement on the matter. [11476/17]

Written answers

Tánaiste and Minister for Justice and Equality

I can inform the Deputy that a competition for Recruit Prison Officer was advertised by the Public Appointments Service in 2016 with a closing date of 28 July 2016. The terms and conditions for this competition were set out in the booklet for the competition.

Any person interested in the role of Recruit Prison Officer is required to go through the recruitment process which was provided for in the booklet. The Irish Prison Service does not give preference to individuals who may have served in the role of prison officer in other jurisdictions. It is of course open to such individuals, where appropriate, to highlight whatever experience or skills they may have acquired abroad in the course of the recruitment process.

During the competency based interview candidates can draw on their experience from whatever context, be it in a similar role elsewhere or other unrelated role.