Thursday, 30 Mar 2017

Written Answers Nos. 46-58

Garda Síochána Ombudsman Commission Investigations

Questions (46)

Micheál Martin

Question:

46. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if she or her officials have recently reviewed a case (details supplied); the circumstances that led to this person's death by a person who was repeatedly on bail and who had numerous convictions involving drugs and alcohol; and if the Government is considering a commission of inquiry into the actions that were taken by the Garda regarding all of the convictions of the person responsible for the death of the person. [9546/17]

Written answers

Tánaiste and Minister for Justice and Equality

The position is as set out in my answer to the Deputy's last Parliamentary Question in relation to this tragic case. The Garda Síochána Ombudsman Commission (GSOC) are investigating certain matters which have arisen as a result of the case. This action was taken by my predecessor who referred certain aspects of this particular case to GSOC for investigation. The question of whether, and if so, what further action can be taken, will be fully considered when GSOC's investigation is completed.

As the Deputy is aware, GSOC is an independent statutory body and the manner in which they conduct their investigation is a matter for them. The most recent update which I received indicated that they had concluded their investigation and that the report was being reviewed before it would be issued. We must now await their final determination.

Visa Applications

Questions (47)

Gino Kenny

Question:

47. Deputy Gino Kenny asked the Tánaiste and Minister for Justice and Equality if she will review the present restrictions on visa applications from Libya especially in the cases of medical personnel that could make a valuable contribution to the health service; and if she will make a statement on the matter. [15661/17]

Written answers

Tánaiste and Minister for Justice and Equality

The position in relation to current restrictions has been kept under review by the Irish Naturalisation and Immigration Service of my Department. Ultimately, an appropriate balance must be struck between State security and individual applicants who wish to come here. I have asked my officials to look again at the restrictions in place to consider if there may be some scope to extend the categories of applicants who may be considered for visa processing.

Garda Deployment

Questions (48)

Eamon Scanlon

Question:

48. Deputy Eamon Scanlon asked the Tánaiste and Minister for Justice and Equality the number of new Garda recruits assigned to the Sligo-Leitrim Garda division in each year since Garda recruitment resumed in 2014; and the attested personnel strength of the Sligo-Leitrim Garda division in September 2014 and at the end of February 2017. [15768/17]

Written answers

Tánaiste and Minister for Justice and Equality

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 plan is well on course to be achieved. 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 advised that, since the reopening of the Garda College in September 2014, there has been a total intake of some 1,400 new recruits with another 600 scheduled to enter the College by the end of this year. I am informed by the Commissioner that some 839 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 13 of whom have been assigned to the Sligo/Leitrim 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 - a net increase of 700 in the total Garda strength since recruitment recommenced.

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.

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.

For ease of reference the table below provides, for the record, details of the number of newly attested Gardaí allocated to the Sligo/Leitrim Division, since the first attestation of trainee Garda in April 2015. It also provides details of the number of Gardaí assigned to the Division from 30 September 2014 to 28 February 2017, the latest date for which figures are readily available.

Year	Personnel Strength	Number of newly attested Garda
2014	296	n/a
2015	294	5
2016	297	5
2017	301	3

Policing Issues

Questions (49)

Clare Daly

Question:

49. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if she has full confidence in the Garda Commissioner. [15692/17]

Written answers

Tánaiste and Minister for Justice and Equality

I retain confidence in the Garda Commissioner.

Traveller Community

Questions (50)

Micheál Martin

Question:

50. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if she will report on her statement on 1 March 2017 regarding Traveller ethnicity here; and if she will elaborate on the matter. [11616/17]

Written answers

Minister of State at the Department of Justice and Equality

As the Deputy will know, the Taoiseach announced State recognition of Travellers as an ethnic group in Ireland on 1 March 2017. I would like to thank Deputy Martin and all of the other Deputies who spoke on that occasion for supporting that statement. This event was historic and memorable. I was delighted to note that there was an all-party consensus on the issue and I take the opportunity to commend the Deputy also in that regard.

There are no legal or expenditure implications arising from this State recognition of Travellers; the Taoiseach's statement was about recognition and respect and not about creating any new rights or rights that do not already exist. The key argument for recognition of Traveller ethnicity was that recognition of the distinct heritage, culture and identity of Travellers and their special place in Irish society will be hugely and symbolically important to Traveller pride and self-esteem and overcoming the legacy of economic marginalisation, discrimination and low self-esteem with which the Traveller community struggles. This is not to ignore the real problems that Travellers face but this symbolic gesture will create a new platform for positive engagement by the Traveller community and the Government in together seeking sustainable solutions based on respect and an honest dialogue on these issues and challenges.

The statement by the Taoiseach announcing State recognition of Traveller ethnicity was the culmination of a long-standing campaign by Travellers to have their identity, culture and unique position valued by their formal recognition as a distinct ethnic group. As the Taoiseach stressed, this is without prejudice to Travellers being part of, and self-identifying as part of, the Irish nation. This historic statement is also a new beginning and the start of the work that we need to do as a society, in partnership with Travellers, to address the real and stark issues that face the Traveller community in areas such as health, employment, education and accommodation. I will present my plans to address these issues in the new National Traveller and Roma Inclusion Strategy which I will, in consultation with other Departments and Traveller and Roma representatives, finalise shortly. I look forward to continuing to work with Travellers as part of what will be a Strategy with an ambitious set of objectives.

Anti-Social Behaviour

Questions (51)

John Curran

Question:

51. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality if she is satisfied with the level of security and policing on the Luas red line; and if she will make a statement on the matter. [15687/17]

Written answers

Tánaiste and Minister for Justice and Equality

I can assure the Deputy that, while I have no direct role in Garda strategies to tackle crime and anti-social behaviour on public transport services in Dublin, I am in regular contact with the Garda Commissioner about all aspects of policing and community safety. The specific deployment of policing resources is a matter for the Garda authorities, as is the question on ongoing engagement and meetings with transport operators.

Insofar as the general approach to tackling these issues are concerned, I am advised that Garda management engages extensively with transport operators in the Dublin area and a range of regional and local operations have been put in place as required to address issues that have arisen at specific locations. Instances of crime and anti-social behaviour are monitored by local Garda management with the assistance of Garda Síochána Analysis Service, which results in periodic operations aimed at anti-social behaviour on and around public transport routes. I am further advised that there is effective communication with the respective control centres and that access to good quality CCTV has also been of great assistance in the investigation of complaints.

I can also inform the Deputy that there is a range of strong legislative provisions available to An Garda Síochána to combat anti-social behaviour generally, including provisions under the Criminal Justice (Public Order) Acts, the Criminal Damage Act and the Intoxicating Liquor Acts. The powers available to Gardaí support them in addressing anti-social behaviours, including the prevention of nuisance or annoyance to others and forestalling damage to property or a breach of the peace. An Garda Síochána remains committed to tackling all types of public disorder and anti-social behaviour by working with communities to reduce this type of behaviour and enhance community safety.

Underpinning all of these measures is the Government's commitment 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. 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, and in this regard I was pleased to be able to launch a new recruitment campaign for Reserve members of An Garda Síochána last week.

Magdalen Laundries

Questions (52)

Jim O'Callaghan

Question:

52. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the steps she will take to ensure the 19 women who have received awards under the ex-gratia scheme for survivors of the Magdalen laundries receive payment promptly and notwithstanding the fact that assisted capacity legislation has not yet commenced; and if she will refer all cases to the national advocacy service for representation. [15665/17]

Written answers

Tánaiste and Minister for Justice and Equality

To date, over €25 million has been paid out to 669 women under the Ex Gratia Magdalene Restorative Justice Scheme administered by my Department. The Scheme remains open to new applications but it’s important to note that decisions have been made on all but two of the 821 applications received to date – the two refer to applications made only in recent weeks. The difference between that figure and the 669 payments made is accounted for by refusals and for other reasons including probate cases, applicants still considering provisional offers, and the application of the Assisted Decision Making Act, 2015 in relation to those women who lack the necessary capacity. In this latter respect, award offers have been made to 19 women who lack the necessary capacity to consider their offer.

Payment to these 19 women has been delayed until proper safeguards are in place. To cover these women and other adults whose decision-making capacity is at issue, the Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015. The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties. It is being commenced on a phased basis and it is intended that significant progress will be made in 2017 on the implementation of the new decision-making support options provided for in the Act. The specific decision making supports available under the Act to adults with capacity difficulties are decision-making assistants, co-decision makers and decision-making representatives who will be supervised by the Director of the Decision Support Service.

New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (which is a body under the Department of Health), must be put in place before the substantive provisions of the Act come into force. Careful planning and groundwork has to be put in place to ensure that the commencement of the Act is correctly, appropriately and effectively handled. A high-level Steering Group comprised of senior officials from my Department, the Department of Health and the Mental Health Commission is overseeing the establishment and commissioning of the Decision Support Service.

The Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016), brought some provisions of Part 1 (Preliminary and General) and Part 9 (Director of the Decision Support Service) of the Act into operation on 17 October 2016. These provisions were brought into operation in order to enable the process of recruitment of the Director of the Decision Support Service to begin.

With regard to advocacy, it is important to note that a personal advocate has very limited powers with regard to a person who lacks capacity. A personal advocate does not have power of attorney, to make decision or otherwise to manage the affairs of the person. That is why the provisions of Assisted Decision Making (Capacity) Act 2015 will be so important. As a general point, 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.

Garda Resources

Questions (53)

Thomas Byrne

Question:

53. Deputy Thomas Byrne asked the Tánaiste and Minister for Justice and Equality the measures she is undertaking to increase Garda resources in County Meath in line with the programme for Government commitments. [15532/17]

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. 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 or her Division.

I am informed by the Commissioner that the Garda strength of the Meath Division, on the 28 February 2017, the latest date for which figures are readily available, was 289. There are also 18 Garda Reserves and 27 civilians attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and 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 further informed by the Commissioner that, since the reopening of the Garda College in September 2014, some 839 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 26 of whom have been assigned to the Meath Division. I understand 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 - a net increase of 700 in the total Garda strength since recruitment recommenced.

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 Meath 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.

Crime Levels

Questions (54)

Jim O'Callaghan

Question:

54. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality her views on a recent report (details supplied) that indicates that two thirds of farming families have been affected by crime relating to their farming enterprise; and if she will make a statement on the matter. [15667/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am aware of the recent report commissioned by the Irish Cattle and Sheep Farmers Association (ICSA) and the recent commentary in the media on foot of its publication. I note that the ICSA report is part one in a series of three reports into agricultural crime in Ireland and I look forward to considering the other reports when published.

I also want to assure the Deputy that I am very much aware of the damage done to local communities by organised gangs who target rural areas to engage in burglary and other property crime. The ICSA report covers a period of 24 months, from the start of May 2014 to the end of May 2016 and this includes a period of 17 months before the launch, in November 2015, of the sustained drive against burglary and property crime which An Garda Síochána has pursued under Operation Thor.

As the Deputy is aware, Operation Thor entails a broad range of activities to tackle organised crime gangs and other prolific offenders as well as working with communities to prevent crime. This comprehensive operation is supported by the enhanced Government investment in Garda resources, including the recently announced additional allocation of €88.5 million in 2017. The additional investments in policing make it possible to maintain and extend a range of intensive policing operations, including the continued targeting of burglaries and related crime via Operation Thor. There has been concentrated policing activity under Operation Thor and this is reflected in the implementation of over 67,000 targeted checkpoints nationwide, with in the region of 4,000 arrests being made.

It is encouraging to note that since the launch of the Operation, the burglary figures in particular have shown a significant downward trend. Indeed, the CSO official recorded crime statistics for Q4 of 2016, which were released this week, show a 30% decrease in burglary for the twelve months of 2016 when compared to the same period in 2015 - which parallels the implementation of Operation Thor.

I have also made it a particular priority to strengthen our legislative provisions through the enactment of the Criminal Justice (Burglary of Dwellings) Act 2015 which is targeted at repeat burglars who have previous convictions and who are charged with multiple offences of residential burglary. I am very pleased that this new legislation is now available to support the work which is being carried out by An Garda Síochána under Operation Thor.

The Programme for Government underlines the need for close engagement between An Garda Síochána and local communities and this is an essential feature of the strong community policing ethos which has long been central to policing in this jurisdiction. The Deputy will be aware that as part of the overall strategy to oppose criminality, the Garda authorities pursue a range of partnerships with community stakeholders, including the farming organisations. There are a range of partnership initiatives which have been established between An Garda Síochána and important rural-based organisations such as the Irish Farmers Association, Muintir na Tire and other rural community organisations, including the well established Community Alert Programme, the ongoing work of the Metal Theft Forum, the Crimestoppers campaign highlighting the Theft of Livestock, the Theftstop initiative in relation to farm equipment, and the highly successful Garda Text Alert Scheme.

Underpinning all of these measures is the Government's commitment 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. 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, and in this regard I was pleased to be able to launch a new recruitment campaign for Reserve members of An Garda Síochána last week.

Court Accommodation Provision

Questions (55)

Brian Stanley

Question:

55. Deputy Brian Stanley asked the Tánaiste and Minister for Justice and Equality if a new courthouse for Portlaoise has been included as a priority for capital funding. [10491/17]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that it is conscious of the need to provide improved courthouse accommodation for Portlaoise. It is currently trying to acquire a suitable site on which a new courthouse could be built and I understand a number of sites are under consideration and that the Courts Service has engaged with both Laois County Council and the OPW in this regard.

As the Deputy may be aware, the Courts Public Private Partnership Bundle consists of seven projects in various locations nationwide where new or refurbished courthouse accommodation will be provided in 2017. Following completion of this major programme of work, Portlaoise will be one of only five provincial city/county town venues still requiring new or upgraded courthouse accommodation, the others being Galway, Roscommon, Tralee and Wicklow. The Courts Service has confirmed that collectively these cities and towns will be the next priority for investment in courthouse facilities outside of the capital. The Courts Service is currently in the process of acquiring property for these projects as there is a requirement in all cases, except Wicklow, for new/additional property in order to undertake the projects.

Garda Investigations

Questions (56)

Brendan Smith

Question:

56. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality the progress on the investigation into the bombing in Belturbet in December 1972; and if she will make a statement on the matter. [15663/17]

Written answers

Tánaiste and Minister for Justice and Equality

At the outset, I wish once again to extend my sympathy to the families of the two people who killed in the atrocity that was carried out in Belturbet in December 1972. Like so many other callous and unjustified acts of wanton violence that took place during the troubles, the bombing at Belturbet robbed two young people of their lives and inflicted untold suffering on their families.

I am informed by the Garda Authorities that the bombing was the subject of a thorough investigation at the time by An Garda Síochána, with expert assistance provided by the Army. Investigations at that time involved close liaison with the authorities in Northern Ireland in an effort to bring the perpetrators to justice. However, although every avenue of inquiry open to the investigation was pursued at that time there was no evidence to bring those responsible for this crime to justice. It remains a source of disappointment that no one has yet been brought to justice for these murders.

Regrettably it is the case that with the passage of over 40 years and in the absence of any new evidence emerging and one must be realistic about the prospects of successful prosecutions in this and troubles-related cases such as this. That said, the investigation into the bombing and the two murders it entailed has not been closed and the Garda Authorities will pursue fully any new information or evidence that is made available.

I call on anyone who has any relevant information in respect of these events to bring it to the attention of the Garda Authorities in the hope that it could help to bring resolution to this case.

Garda Station Closures

Questions (57)

Eugene Murphy

Question:

57. Deputy Eugene Murphy asked the Tánaiste and Minister for Justice and Equality if Tarmonbarry Garda station on the national primary route N5 along the River Shannon and on the border of counties Longford and Roscommon can be included as one of the six Garda stations to be reopened as promised in the programme for Government; and if she will make a statement on the matter. [15537/17]

Written answers

Tánaiste and Minister for Justice and Equality

The Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to her, including in relation to Garda stations.

As the Deputy will be aware, the Garda Síochána District and Station Rationalisation Programme gave rise to the closure of some 139 Garda stations, including Tarmonbarry Garda station, in 2012 and 2013, following the completion by An Garda Síochána of a comprehensive review of its district and station network. That review was undertaken with the objective of identifying opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within the organisation. I have been advised by the Garda authorities that the closures have allowed front line Garda to be managed and deployed with greater mobility, greater flexibility and in a more focused fashion, particularly with regard to targeted police operations.

The Programme for Government commits the Government to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. A cornerstone of this commitment is the Government 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. Revisiting the decisions made to close Garda stations is also part of that commitment.

In this context, I have requested the Garda Commissioner, while fully cognisant of her statutory functions, to identify 6 stations for reopening on a pilot basis to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order. The pilot will feed into the wider review being undertaken by the Garda Síochána Inspectorate, at the request of the Policing Authority, of the dispersal and use of resources available to An Garda Síochána in the delivery of policing services to local communities.

I understand that work is continuing in An Garda Síochána to identify the 6 stations for inclusion in the pilot and that consultations have taken place with relevant stakeholders, including the Policing Authority. In this context, I am sure that the Deputy would agree that a comprehensive and evidenced-based analysis should be carried out, taking account of all the relevant factors, before a final decision is made in respect of the stations to be reopened by the Commissioner.

I expect to receive a report from the Commissioner by the end of May in connection with the exercise.

Asylum Support Services

Questions (58)

Ruth Coppinger

Question:

58. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality if she will report on the implementation of the provisions of the International Protection Act 2015; if she is satisfied that asylum seekers are gaining access to sufficient legal advice and translation services; and if she will make a statement on the matter. [15752/17]

Written answers

Tánaiste and Minister for Justice and Equality

The principal provisions of the International Protection Act 2015 were commenced on 31 December 2016 and as a result, applications for asylum, subsidiary protection and permission to remain in the State are now being examined under the Single Application Procedure, replacing the previous sequential application system and bringing Ireland into line with the processing arrangements applicable in other EU Member States. The new processing arrangements will determine certainty of status at an earlier stage for those entitled to seek international protection within the State. The Act is intended to achieve the desired balance between treating asylum seekers with humanity and respect and ensuring more efficient immigration procedures and safeguards.

All applications for international protection from 31 December, 2016 will be processed under the new arrangements in the International Protection Office of INIS (replacing the Office of the Refugee Applications Commissioner) and any appeals arising in relation to asylum and subsidiary protection applications will be heard by the International Protection Appeals Tribunal (replacing the Refugee Appeals Tribunal).

With regard to access to legal advice for those seeking international protection, the Legal Aid Board operates a mixed model of service delivery to persons seeking international protection in the State. The model involves both the use of in-house staff, including solicitor staff, working in law centres and the referral of cases to private solicitors on a panel. Since the commencement of the International Protection Act 2015, the Board has committed to providing all international protection clients with early legal advice on all aspects of their application.

International protection clients receive a full information consultation before completing their questionnaire, wherein the key elements of refugee law are set out, their own obligations as applicants are outlined and the requirements of the questionnaire are explained in full. Where necessary the Board provides for the services of interpreters for the conduct of consultations and the provision of advice. The Board also, where necessary, provides for the translation of certain documents.

It is proposed that all clients will be provided with a further consultation pre-interview in which legal advice on the particulars of their claim based on their completed questionnaire will be given and where it is considered appropriate, submissions may be drafted and made to the IPO.

If required, legal representation may also be provided in relation to an appeal to the International Protection Appeals Tribunal of a recommendation that a person not be granted asylum or subsidiary protection status in the State.

The service provided by private solicitors on the Board's panel is the same service that would be provided by a law centre and the fee arrangements that I have approved seek to reflect a much greater emphasis on early legal advice and assistance than was the case prior to the commencement of the 'single procedure' provisions. Law centres refer applicants to the private solicitors on the panel having regard to the capacity of the Law Centre to take on new cases at a particular point in time and having regard to other guidelines laid down by the Board management from time to time.