Written Answers Nos. 129-142
129. Deputy Brendan Ryan asked the Tánaiste and Minister for Justice and Equality her plans, by way of legislation or ministerial order, to allow INIS provide refunds or waive fees when clerical mistakes have been made in INIS applications for persons applying for naturalisation (details supplied) [11957/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that Section 17 of the Irish Nationality and Citizenship Act 1956, as amended, provides that an application for a certificate of naturalisation shall be in the prescribed form and accompanied by the prescribed fee. Both the application form and the required fee are prescribed by the Irish Nationality and Citizenship Regulations 2011.
An application for naturalisation from the person concerned was deemed ineligible as the Statutory Declaration, which forms a solemn and fundamental part of the prescribed application form, was not completed.
The application fee, stipulated at €175, is payable on application for a certificate of naturalisation There is no provision for the discretionary waiver or reduction or refund of fees. All of the fees payable under the Irish Nationality and Citizenship Act 1956 are kept under ongoing review by my Department; however, there are no plans to reduce or abolish or introduce provisions for a waiver or refund of these fees.
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.
Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains guidance on the completion of an application for naturalisation and an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.
130. Deputy Denise Mitchell asked the Tánaiste and Minister for Justice and Equality if the terms of reference have been developed within the remit of the recent Dáil Éireann motion on the Stardust fire; the process involved in developing the terms of reference; the source from which input was gathered into the development of the terms of reference; if there is a timeframe proposed into establishing a commission of investigation; and if she will make a statement on the matter. [11968/17]
View answer131. Deputy Denise Mitchell asked the Tánaiste and Minister for Justice and Equality if she met with the families of the victims of the Stardust fire in respect of progressing the content of the recent motion passed by Dáil Éireann regarding the Stardust fire; if the families had input into the development of terms of reference in respect of commitments in the motion; if not, if families will be given an opportunity to have input into the development of terms of reference; and if she will make a statement on the matter. [11969/17]
View answerI propose to take Questions Nos. 130 and 131 together.
The 'Programme for a Partnership Government' committed the Government to have full regard to "...any new evidence which emerges which would be likely to definitively establish the cause of the fire at Stardust".
During 2016, there was extensive correspondence between the Stardust Relatives and Victims Committee (‘the Committee’) and the nominated official of the Department of Justice and Equality in order to establish whether any new evidence existed which would be likely to definitively establish the cause of the fire at Stardust, without being able to reach an agreed position.
A motion was subsequently passed by Dáil Éireann on 26th January 2017 which called on the Government "... to meet with the Stardust Relatives’ and Victims Committee regarding the new and updated evidence they have uncovered since reviewing Judge Keane’s Report of the Tribunal of Inquiry on the fire at the Stardust, Artane, Dublin in 2006, to have that new and updated evidence assessed urgently by an independent person who has the trust of the families; and
If the independent assessment confirms the existence of new evidence, calls on the Government to immediately establish a Commission of Investigation into the Stardust Tragedy of 1981."
The Committee identified (now retired) Judge Pat McCartan as an independent person who has their trust and as a result, officials from my Department contacted Judge McCartan to ascertain his interest or otherwise in taking on the role of assessing the new evidence. Judge McCartan expressed a desire to assist by taking on this role and he was appointed by the Government today to assess the evidence and make a recommendation with a view to recommending whether, in the circumstances, the evidence identified is sufficient to warrant establishing a Commission of Investigation into the Stardust Tragedy of 1981.
This initial assessment process is governed by the Dáil Motion. Terms of Reference will only apply if and when Judge McCartan recommends that a Commission of Investigation is warranted, so it is premature to discuss them at this stage. Officials from my Department are in regular contact with the Committee and have met them on a number of occasions to update them on the process and a further meeting is planned. Their views will be taken into account as far as possible if a Commission of Investigation is to be established and Terms of Reference are to be drawn up.
While I have offered to meet with the Committee, they have indicated a preference not to do so at this time. However, the offer of a meeting still stands and will be facilitated, should the Committee express a desire to meet.
132. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality the position regarding the appointment of peace commissioners; and if she will make a statement on the matter. [11981/17]
View answerI can advise the Deputy that Peace Commissioners are appointed under section 88 of the Courts of Justice Act, 1924. The Office of Peace Commissioner is an honorary appointment and Peace Commissioners receive no remuneration or compensation by way of fees or expenses for their services.
An application for appointment may be submitted by a person who is interested in obtaining an appointment or a third party may submit a nomination in respect of a person considered suitable for appointment. Nominations are generally received from public representatives. A local Garda Superintendent sometimes requests an appointment in a particular area in the public interest.
There is no qualifying examination involved but appointees are required to be of good character and they are usually well established in the local community. Persons convicted of serious offences are considered unsuitable for appointment. Persons who are members of professions or employed in occupations which engage in legal work or related activities and members of the clergy are, as a matter of practice, not appointed because of their occupation. Civil servants are usually only appointed where the performance of their official duties requires an appointment (i.e. ex-officio).
Finally, I can confirm that a background check on nominees is carried out by An Garda Síochána.
133. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality the grant assistance available towards the installation of CCTV in towns; her plans to roll out such initiatives; and if she will make a statement on the matter. [11985/17]
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.
134. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of gardaí by rank attached to the Garda north Dublin divisional drugs unit in each of the years 2014 to 2016 and to date in 2017; and if she will make a statement on the matter. [12015/17]
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 I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
I am informed that the number of Gardaí assigned to the Dublin Metropolitan Region (DMR) North Garda Division on the 31 January 2017, the latest date for which figures are readily available was 672, of which 21 were assigned to the Divisional Drugs Unit. 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. The Garda National Drugs and Organised Crime Bureau leads out the policing strategy for tackling drugs supply. This approach allows for the co-ordinated use of Garda resources in tackling all forms of organised crime, including illicit drug activity nationwide. When appropriate, the work of the Division is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau, and the Garda National Drugs and Organised Crime Bureau.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. This year, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Funding has also been provided for the recruitment of 300 Garda Reserves.
I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that 838 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 66 of whom have been assigned to the DMR North Garda Division. I am also informed 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 Divisional Drugs 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 in tackling illicit drug activity.
I am advised by the Commissioner that the following table gives a breakdown of the number of Garda members assigned to the DMR North Divisional Drugs Unit by rank in each of the years 2014 to 31 January 2017, the latest date for which figures are readily available.
|
DMR North Divisional Drugs Unit Personnel 2014 - 2017 |
|||
|
Year |
Sergeant |
Garda |
Total |
|
2014 |
2 |
14 |
16 |
|
2015 |
3 |
22 |
25 |
|
2016 |
3 |
18 |
21 |
|
*2017 |
3 |
18 |
21 |
*As of 31 January 2017, the latest date for which figures are readily available.
135. Deputy Bríd Smith asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the extreme hardship her decision to continue with a blanket restriction on visa applications from Libya is having on persons that are studying and working here [12019/17]
View answer136. Deputy Bríd Smith asked the Tánaiste and Minister for Justice and Equality if she will reconsider the present restrictions on visa applications from Libya and allow individual exemptions to be considered on humanitarian grounds, in view of the fact families are being torn apart and separated for years as a result of the decision. [12020/17]
View answerI propose to take Questions Nos. 135 and 136 together.
I refer the Deputy to my reply to Parliamentary Question No. 68 of 16 February, 2017 copied below for ease of reference. As I explained then, certain restrictions on consideration of Irish visa applications from residents of Libya have been in place since August, 2014 due to the political and security situation in Libya. In doing so, all relevant considerations including the ongoing security situation in Libya and the potential economic impact of the restrictions were taken into account.
There is also provision for a small number of exceptions to the extent indeed that 109 visas were granted to Libyan nationals in 2016, and 96 in the previous year. As with any visa application, each application is assessed individually based on its own merits and having regard to all the information put forward for consideration.
The Deputy can be assured that the position will continue to be kept under review by the Irish Naturalisation and Immigration Service of my Department.
Reply to Parliamentary Question No. 68 of 16 February, 2017.
I can confirm that certain restrictions on consideration of Irish visa applications from residents of Libya have been in place since August, 2014 due to the political and security situation in Libya. In doing so, all relevant considerations including the ongoing security situation in Libya and the potential economic impact of the restrictions were taken into account.
There is provision for a small number of exceptions relating to the beef industry where applications may be accepted from persons who are known to and sponsored by the Department of Agriculture, Food and the Marine and/or An Bord Bia and who have a good travel history to Ireland, the UK or the Schengen countries. Certain applications in relation to the oil industry and which are supported by the internationally recognised Government in Libya are also considered.
The position continues to be kept under review by the Irish Naturalisation and Immigration Service of my Department.
137. Deputy Mary Butler asked the Tánaiste and Minister for Justice and Equality the current Garda numbers per head of population for the cities of Dublin, Galway, Limerick, Cork, Waterford and Kilkenny, in tabular form; and if she will make a statement on the matter. [12168/17]
View answer138. Deputy Mary Butler asked the Tánaiste and Minister for Justice and Equality the previous Garda numbers per head of population for the cities of Dublin, Galway, Limerick, Cork, Waterford and Kilkenny, for each of the years 2011 to 2016, in tabular from; and if she will make a statement on the matter. [12169/17]
View answerI propose to take Questions Nos. 137 and 138 together.
As 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.
The information requested by the Deputy is not readily available in my Department as the recording of the population of the towns in question is a matter for the Central Statistics Office while Garda resources are allocated on a Divisional basis. I am, in any case, advised that ratios such as the number of Garda per head population are not an appropriate tool to use when considering the allocation of Garda resources as they fail to take account of, among other things, the fact that crime levels and types can vary significantly among communities of similar population size.
139. Deputy Mary Butler asked the Tánaiste and Minister for Justice and Equality the current Garda number per 500 head of population for towns (details supplied), in tabular form; and if she will make a statement on the matter. [12170/17]
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.
The information requested by the Deputy is not readily available in my Department as the recording of the population of the towns in question is a matter for the Central Statistics Office while Garda resources are allocated on a Divisional basis. I am in any case advised that ratios such as the number of Garda per head population are not an appropriate tool to use when considering the allocation of Garda resources as they fail to take account of, among other things, the fact that crime levels and types can vary significantly among communities of similar population size.
140. Deputy Mary Butler asked the Tánaiste and Minister for Justice and Equality the number of Gardaí employed on community policing duties in Waterford city for each of the years 2007 to 2016 and to date in 2017 in tabular form; and if she will make a statement on the matter. [12171/17]
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.
Community policing is at the heart of An Garda Síochána. It provides a means of recognising that every community – both urban and rural – has its own concerns and expectations. In this regard I welcome the strong emphasis placed by the Garda Commissioner's Modernisation and Renewal Programme 2016-2021 on further developing and supporting the community policing ethos of the organisation so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security. Proposed initiatives include the establishment of local Community Policing Teams (CPTs) headed by an Inspector and made up of Gardaí from across a range of areas to proactively work with the community to prevent and detect crime; and the establishment of Community Safety Fora in every District comprising local Gardaí, local communities and key stakeholders.
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. Funding has also been provided for the recruitment of 300 Garda Reserves.
I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that 838 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 24 of whom have been assigned to the Waterford Division. I am also informed 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 Community Gardaí across every Garda Division, including the Waterford 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.
The following table shows the number of Community Gardaí assigned to Waterford Garda Station for each of the years since 2007 to 31 January 2017, the latest date for which figures are readily available, as provided by the Commissioner.
|
Community Gardaí Waterford Garda Station 2007-2017 |
|
|
Year |
Total |
|
2007 |
14 |
|
2008 |
15 |
|
2009 |
18 |
|
2010 |
18 |
|
2011 |
16 |
|
2012 |
12 |
|
2013 |
11 |
|
2014 |
8 |
|
2015 |
9 |
|
2016 |
12 |
|
2017* |
13 |
*As of 31 January 2017, the latest date for which figures are readily available
141. Deputy Mary Butler asked the Tánaiste and Minister for Justice and Equality the number of gardaí employed in the drug units in Waterford city for each of the years 2007 to 2016, and to date in 2017, in tabular form. [12172/17]
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. 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. Funding has also been provided for the recruitment of 300 Garda reserves.
I am informed by the Garda Commissioner, since the reopening of the Garda College in September 2014, that 838 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 24 of whom have been assigned to the Waterford Division. I am also informed 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 Garda Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across the organisation including the divisional drugs 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 in tackling illicit drug activity.
The Garda Síochána's 2008 Policing Plan contained the Commissioner's proposals for re-aligning Garda Divisional boundaries to make them coterminous with local authority boundaries. As a consequence, Waterford, which was part of the Waterford/Kilkenny Division, was established as a stand-alone Division as of 1st January 2009. Accordingly, the following table outlines the strength of the Waterford Divisional Drugs Unit from 2009 onwards and up to 31 January 2017, the latest date for which figures are available.
Waterford Divisional Drugs Unit
|
Year |
Numbers |
|
2009 |
12 |
|
2010 |
14 |
|
2011 |
10 |
|
2012 |
10 |
|
2013 |
9 |
|
2014 |
5 |
|
2015 |
5 |
|
2016 |
5 |
|
*2017 |
5 |
*As of 31 January 2017
142. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Justice and Equality if she will address the serious concerns of a person (details supplied) in relation to their ongoing INIS application issues; and if she will make a statement on the matter. [12175/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to was received in the Dublin Visa Office on 25 May, 2016.
More generally, the Visa Office is currently experiencing delays in processing such applications due to the large volumes of applications of this type received particularly since the second quarter of 2015. Legal proceedings in relation to a number of similar such applications are currently before the courts, and accordingly, the Deputy will appreciate that I am somewhat limited in what I can say on the matter. However, I can say that there has been an exponential increase in the number of such applications and with it increasing concerns around potential abuse of the Directive in relation to such cases. This has given rise to a current caseload in the region of 10,500 applications overall which have to be assessed very carefully to ensure that any fraudulent applications or potential abuses of the Directive are detected and dealt with appropriately.
While every effort generally is made to process these applications as soon as possible, processing times will vary having regard to the volume of applications, their complexity, the possible need for the Visa Office to investigate, enquire into, or seek further information in relation to certain applications, and the resources available. Unfortunately, due to the large number of applications waiting to be processed and the fact that such applications are processed in chronological order (i.e. based on date order of receipt), I cannot at this time give a definitive date as to when this application will be finalised.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.
In addition, applicants may themselves e-mail queries directly to the INIS Visa Office (visamail@justice.ie).
