Written Answers Nos. 103-114
103. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality the extent to which policing methods here, and in particular in counties Sligo and Leitrim, are aligned to best practice in other jurisdictions, with particular reference to comparison with those jurisdictions deemed to have the most effective policing; and if she will make a statement on the matter. [16923/17]
View answerThe Garda Síochána Act 2005 contains provisions, the purpose of which are to assist the Garda Síochána to operate to the best standards in line with the police services of other comparable jurisdictions.
The Garda Síochána Act 2005 provided for the establishment of the Garda Síochána Inspectorate. Section 117(1) of the Act requires the Garda Síochána Inspectorate to benchmark their recommendations by reference to the best standards of comparable police services. Arising from this requirement, every inspection conducted by the Garda Inspectorate, and any recommendation arising, has involved examining and taking account of policing practices in other jurisdictions.
The Garda Professional Standards Unit, which was established under Section 24 of the 2005 Act, undertakes reviews, as directed by the Garda Commissioner, into operational, administrative and management matters relating to the Garda Síochána at all levels. Arising from these reviews, the Unit proposes measures to improve performance and promote the highest standards of practice throughout the Garda Síochána with reference to those of comparable police services. The Garda Commissioner, on an ongoing basis, draws on the Unit's proposals to enhance policing practices and policies.
The Deputy will be aware that the Garda Commissioner published her Modernisation and Renewal Programme 2016-2021 in June 2016. This Programme includes recommendations from the various Garda Inspectorate Reports including the most recent Inspectorate Reports - 'Crime Investigation' and 'Changing Policing in Ireland'.
Key reforms being implemented include the replacement of the current District model of policing with a Divisional model where responsibilities will be allocated on a functional rather than geographical basis. This will be subject to modifications to ensure the close relationship with communities is maintained in large rural Divisions. In line with international norms, a medium term target of 20% civilians to be achieved by 2021 has been set.
The implementation of the Modernisation and Renewal Programme is primarily a matter for the Commissioner. However, the Government decided that the Policing Authority should be requested, in accordance with section 117(A) of the Garda Síochána Act 2005 (as amended), to monitor the implementation of the agreed recommendations in 'Changing Policing in Ireland' and to report to me at regular intervals. I have received the first such progress report from the Policing Authority. Their next progress report is due by the end of April.
In July, the Government approved a Five Year Reform and High Level Workforce Plan for An Garda Síochána. This Plan marries the agreed recommendations in 'Changing Policing in Ireland' with a major investment programme that will increase the number of gardaí to 15,000; double the number of civilians to 4,000; and more than double the number of reserves members to 2,000. This investment in human capital is supported by a €300 million capital plan that will deliver leading-edge technology and other capital infrastructure to the Garda Síochána. The 2017 Estimates reflect this commitment by providing the resources to recruit 800 gardaí, 500 civilians and 300 reserves in 2017.
Separately, I am advised that the Garda Inspectorate and the Garda Síochána are working towards the production, in tabular form, of a current implementation status report of the recommendations contained in a number of Garda Inspectorate Reports and this report will be published on the Inspectorate's website when it is completed.
The Deputy will be aware that at yesterday's Government meeting I received approval to begin the process of establishing a Commission on the Future of Policing in Ireland. I expect that the Commission will have regard to best policing practice internationally.
104. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality the extent to which appeals in the cases of decisions to deport and subsequent appeals have been successful in each of the past three years to date in 2017 here and in counties Sligo and Leitrim; and if she will make a statement on the matter. [16926/17]
View answerThe statutory criteria which must be considered in relation to a decision to make a deportation order under section 3(6) of the Immigration Act 1999 include national security and public policy, the character and conduct of the person concerned and the common good. In determining whether to make a deportation order, in addition to the factors set out in Section 3(6) of the Immigration Act 1999, I must also consider all relevant constitutional and international human rights arising, including those enshrined in the Refugee Convention, the UN Convention Against Torture and the European Charter of Human Rights. The question of not returning a person to a place where certain fundamental rights would be breached (or non refoulement as it is commonly referred to) is fully considered in every case when deciding whether or not to make a deportation order. This involves consideration of whether returning the person would result in the life or freedom of that person being threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion, or whether the person would be subjected to torture or to inhuman or degrading treatment or punishment.
A deportation order requires the person concerned to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law.
Revocations can arise through a wide variety of circumstances including, for example, persons the subject of a deportation order who subsequently make an application under EU Treaty Rights or make an application for asylum, having been previously here illegally. The number of successful applications to have deportation orders revoked in accordance with the provisions of Section 3(11) of the Immigration Act 1999 for the past three years to date are contained in the table below. However, statistics in relation to the geographical spread of these applications, as requested by the Deputy, are not maintained.
|
Deportation Orders Revoked for the period 2014 - 2017 |
|
|
Year |
No. Revoked |
|
2014 |
334 |
|
2015 |
486 |
|
2016 |
347 |
|
2017 (up to 31-03) |
29 |
105. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality the details of the measures her Department is taking to combat online grooming, cyber blackmailing, cyberbullying and other forms of online abuse directed at children or carried out by children on other children; the details of data on the prevalence of reported cases of these activities; and if she will make a statement on the matter. [16942/17]
View answerAs the Deputy will be aware, the Criminal Law (Sexual Offences) Act 2017 was enacted on the 22nd of February 2017. The Act contains provisions which strengthen existing criminal law in combatting child exploitation and, in particular, address the use of modern communication technologies as a tool which may lead to child sexual exploitation.
Section 8 of the Act creates two offences. The first criminalises persons who contact children either online or through mobile communications such as text messaging for the purpose of sexually exploiting the child. This offence is targeted at the initial stages of grooming and does not require physical contact or meeting between the adult and child in question. The offence does not necessarily require that the communication contain a sexual advance or include sexual material as these are not generally features of sophisticated grooming. This offence carries a penalty of up to 14 years’ imprisonment.
Section 8 also includes an offence of sending sexually explicit material to a child. This offence protects children from unwarranted and unwanted advances. There is also recognition that the intention behind this type of activity may be to expose the child to such material with a view to developing the child’s familiarity with such material or activity. The penalty for this offence is up to 5 years’ imprisonment.
In relation to the broader area of safety online which would include children as well as adults, the Law Reform Commission published its Report on Harmful Communications and Digital Safety in September 2016. While noting the positive benefits to society of the interconnected digital world in which we live, the report also noted the emerging trend to engage in online communications that cause significant harm to others.
In December 2016, the Government gave its approval for the drafting of a General Scheme of a Bill which would provide for new and amended criminal offences along the lines set out in that report. It is intended that this Bill will address the criminal law aspects of the Law Reform Commission’s report. The Commission has proposed extending some existing offences and creating some new criminal offences specific to digital communications. The precise formulation of the offences will be subject to review and potential variation during the drafting of the General Scheme.
While it is not feasible to regulate or monitor the internet in anticipation of all possible incidents such as cyberbullying, if a member of the public becomes aware of activity on the internet which they suspect may be illegal, they can report it confidentially to Hotline.ie which is operated by the Internet Service Providers Association of Ireland with oversight by the Office for Internet Safety (OIS) in my Department. Hotline.ie provides the public with the means to report illegal online content, such as child sexual abuse material and liaises with an Garda Síochána, as appropriate, to have illegal content taken down.
An Garda Síochána has an arrangement in place with a large internet service provider to block access to child sexual abuse content in accordance with a list they provide. Among the aims of this initiative is to reduce inadvertent viewing by members of the public, including children, of this illegal material. An Garda Síochána also has a Schools Programme where personal safety issues, including online safety, are highlighted and discussed with children and young people in schools.
In order to assist the public to stay safe on the internet, the OIS in my Department has a series of booklets aimed at parents. The booklets provide information on various aspects of internet safety including filtering, using social networking sites and cyberbullying. The booklet on cyberbullying gives information on such matters as prevention and key advice for children, young people and parents including advice for parents who suspect that their own child may be a cyberbully. These information resources are made available free of charge on the OIS website and also in hard copy on request. The website also contains a wide range of information and links to further resources on internet safety.
With regard to the request for information on the prevalence of reported cases of these activities, I have asked the Garda Authorities for this information and I will furnish it to the Deputy as soon as it is available to me.
106. Deputy John Brady asked the Tánaiste and Minister for Justice and Equality the status of the annual costs incurred for maintaining the unused courthouse in Wicklow town, including the heating, electricity and security costs, every year since its closure; and if she will make a statement on the matter. [16943/17]
View answer107. Deputy John Brady asked the Tánaiste and Minister for Justice and Equality if she will reopen the courthouse in Wicklow town and move Wicklow District Court back to Wicklow town; and if she will make a statement on the matter. [16944/17]
View answerI propose to take Questions Nos. 106 and 107 together.
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 because of the general unsuitability of the facilities in Wicklow Courthouse, sittings of the Circuit Court in Wicklow town were transferred to Bray Courthouse in late 2006/early 2007. Subsequently, following receipt of a health and safety report from the Office Public Works in 2010, it was decided that Wicklow Courthouse no longer offered a safe environment for court users or the general public and so all sittings of the courts, including the District Court, transferred to Bray Courthouse from September 2010.
The Courts Service has also informed me that a number of years ago they acquired a site adjacent to Wicklow town courthouse with the objective of refurbishing and extending the existing building. However, the Courts Service has advised that there are no immediate plans to refurbish Wicklow town courthouse.
The Courts Service is completing its current courthouse refurbishment/building programme and I am advised that Wicklow Courthouse will be considered in the context of any forthcoming refurbishment programme, subject to available resources.
In regard to the annual costs incurred, the Courts Service has informed me that the following are the light, heat and fuel costs for 2015 and 2016 in respect of Wicklow Courthouse:
|
Year |
Light, Heat and Fuel Costs |
|
2015 |
€9,734.36 |
|
2016 |
€3,114.50 |
The Courts Service has advised that the annual figures from 2010 to 2014 are not immediately available and to provide such costs would involve significant effort involving a manual examination of 4 years of individual invoices to determine the costs based on metre readings specifically for the courthouse.
In relation to security costs, such costs are only available for the years 2012 to 2014 and are as follows:
|
Year |
Security Costs |
|
2012 |
€1,298.67 |
|
2013 |
€1,798.05 |
|
2014 |
€1,268.22 |
No specific invoices for security charges for Wicklow Court house were received for 2015 or 2016.
108. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Questions Nos. 60 and 61 of 29 March 2017, if she is satisfied that a company (details supplied) has fulfilled its contractual obligation to provide translation services in a professional manner and in accordance with industry standards in view of concerns that the quality of translation on IPO2 forms is such that it appears to native speakers of those languages that a free online translation service (details supplied) was used to furnish the translation; and if she will make a statement on the matter. [16963/17]
View answer109. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Questions Nos. 86, 88, 89, and 102 of 23 February 2017 and Parliamentary Questions Nos. 112 and 113 of 21 February 2017, if her attention has been drawn to the fact that at points 25 and 26 of the introduction section of the IPO2 form, it states that this questionnaire must be returned by the date and time specified in the pre-addressed freepost envelope (details supplied); if her attention has been further drawn to the fact that return by dates were noted on at least some of the cover letters sent out with the questionnaires and on at least some of the questionnaires themselves; and if her attention has been drawn to the fact that there was a strong suggestion that there was in fact a hard deadline for the return of the form, a suggestion that remains on the questionnaire and has not been corrected. [16964/17]
View answer110. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the fact that IPO2 forms are not available online; and when they will become available online. [16965/17]
View answerI propose to take Questions Nos. 108 to 110, inclusive, together.
On the issue of translations, I refer the Deputy to my responses to Parliamentary Questions Nos. 60 to 62 of 29 March, 2017. The position in relation to the provision of translation services is unchanged: the current service provider is contractually obliged to provide such services in a professional manner and in accordance with industry standards. Free online translation services are not used by the International Protection office (IPO).
The Chief International Protection Officer (CIPO) who, under the International Protection Act 2015, is independent in the performance of his functions, has further informed me that the quality of all translations provided is kept under constant review, both by the contractor and by the IPO. Any issues raised regarding the quality of translations are immediately addressed as part of this ongoing quality review. As part of this process, the CIPO has advised me that the IPO is engaged with the service provider at present about a number of quality issues in respect of the Application for International Protection Questionnaire. The IPO will be in contact with any applicants who may be impacted, if required, when the quality review has been completed.
On the issue of the return of questionnaires, may I refer the Deputy to my responses to Parliamentary Questions Nos. 86, 88, 89 and 102 of 23 February, 2017. The Application for International Protection Questionnaire (IPO 2) is designed to be used by the IPO on an ongoing basis and not just as part of the transition arrangements, therefore the questionnaire does not, and cannot indicate any time-frame for its return. The indicated time-frame for return is detailed with the accompanying documentation.
As I have stated previously, I can inform the Deputy that the information sent to transition applicants in January- February 2017 made clear in Paragraph 7.3 that the IPO 2 Questionnaire 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, 'if you are in a position to do so,' before the scheduled interview in order to 'facilitate the translation of documents if required and ensure that the IPO interviewer has all your papers available and considered in advance of the interview date'. The word deadline or statutory deadline does not appear 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, particularly those in prioritised categories, and a satisfactory number of applicants were in a position to respond promptly, allowing the single application process to commence.
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 IPO in recognition of the complexity of the process for applicants affected by the transition provisions and the demands placed on their legal advisors by the transitional arrangements - the wisdom of accessing legal advice is stressed in the Questionnaire. A call centre is available to answer any queries and extra time is available if required for the completion of the IPO 2 Questionnaire. It can be seen therefore that 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, that the IPO has written to the members of the Customer Liaison Panel to confirm the arrangements and that similar clarification has been provided on the IPO website.
The CIPO informs me that adherence to time-frames helps to ensure that the work of the Office continues and that applicants get timely decisions, particularly those in prioritised categories. For those applications which have been made since the commencement of the 2015 Act i.e. on or after 31 December 2016, and are not affected by the complex transition provisions, the IPO is asking those applicants to adhere to the time-frames indicated in their accompanying documentation. However, flexibility continues to be afforded to this group of applicants, if, for example, they are waiting on legal advice.
Applicants have a duty to cooperate as set out in Section 27 of the International Protection Act 2015 (the 2015 Act) and there are consequences for failing to cooperate set out in Section 38, therefore it is entirely appropriate and necessary to include an alert in the Questionnaire. It should also be noted that Section 38 of the 2015 Act, which deals with the consequences of non-cooperation, sets out specifically the procedure to be followed in these cases and gives applicants ample opportunities to address any potential non-cooperation issues.
In relation to the availability of the Questionnaire, under the 2015 Act, applicants are required to apply in person for international protection either at the frontier of within the State. At their time of application and in line with the requirements of the 2015 Act, applicants are fingerprinted, photographed, issued a reference number and a temporary Residence Certificate. Normally at that time, the IPO provides the IPO 2 Questionnaire and an accompanying information pack. In order to maintain the integrity of the Questionnaire and the application process generally, it has never been the practice to make the questionnaire available publicly or online. Such publication would leave the process open to abuse by non-applicants and those who are not at the frontier or within the State as required by law. Additional copies of the Questionnaire are, however, provided to applicants and their legal representatives on request, once their application reference numbers have been assigned.
111. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality if she is satisfied as to the effectiveness of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 as it applies in respect of mortgages between customers and financial institutions; her plans to strengthen these regulations; and if she will make a statement on the matter. [16975/17]
View answerI wish to advise the Deputy that this matter is still being examined by my Department in consultation with the Office of the Attorney General and the matter will be kept under review in terms of any definitive additional obligations arising.
The EU Directive on Unfair Terms in Consumer Contracts was given effect in this jurisdiction by Regulations in 1995 and by amending Regulations in 2000, 2013 and 2014. The Directive and Regulations are primarily a matter for the Minister for Jobs, Enterprise and Innovation. These Regulations are enforced by the Competition and Consumer Protection Commission, ComReg and the Central Bank, the latter having specific responsibility in relation to financial service matters. While these Regulations are enforced by the three aforementioned bodies, it is ultimately a matter for the Courts to determine whether a specific term of a contract is unfair having regard to the features of the contract.
The raising of this issue once again underlines the critical importance of those who are in mortgage arrears and who have been issued with legal proceedings, engaging with their lender and with the court processes. Relevant court processes provide various forms of protection under the Insolvency Acts and the Land and Conveyancing Law Reform Act 2013. In addition, they will also have the possibility of availing of the free legal and financial advice services provided for under the Government’s Abhaile service launched in October 2016.
The latter initiative allows those who are in danger of losing their home to avail of free professional advice, including advice from a Personal Insolvency Practitioner. Under this Scheme, home owners who are in arrears on their home mortgage and at risk of losing their homes are provided with access to free independent expert financial and legal advice and assistance, so that a solution can be put in place that will deal with their debt and keep them in their home, where that is a sustainable option.
The Abhaile service is in addition to the help already available from Money Advice and Budgeting Service (MABS) to homeowners in mortgage arrears. This includes the presence of MABS court mentors at all Circuit Court repossession hearings across the country to provide information and assistance to unrepresented borrowers; and providing in-house dedicated Mortgage Arrears advisers in MABS offices across the country, specifically to assist and negotiate on behalf of borrowers in mortgage arrears.
112. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the number of private investigation firms hired by statutory agencies and-or semi-State bodies under the aegis of her Department in the past five years to date in 2017; the names of the firms; the amount they were paid; if they supplied her Department with a report on completion of their work; if she will provide copies of reports submitted to her from these firms as a result of this engagement; and if she will make a statement on the matter. [16988/17]
View answerI can confirm that there were no private investigation firms hired by bodies under the aegis of my Department during the period referred to by the Deputy.
113. Deputy Joan Burton asked the Tánaiste and Minister for Justice and Equality if there is a senior official with designated responsibility for Brexit matters in her Department; if so, the grade of the designated official; the funding allocated to the said Brexit unit; the cost to date; the anticipated cost; and if she will make a statement on the matter. [17006/17]
View answer114. Deputy Joan Burton asked the Tánaiste and Minister for Justice and Equality the number of staff deployed full time in her Department in respect of Brexit; if there is a designated section or unit to deal with Brexit; and if she will make a statement on the matter. [17022/17]
View answerI propose to take Questions Nos. 113 and 114 together.
The International Policy Division within my Department has been assigned responsibility for coordinating the Department's work as it relates to matters concerning UK withdrawal from the EU. The Division is headed-up by an Assistant Secretary and comprises a team in Dublin and a team based in the Permanent Representation of Ireland to the EU in Brussels currently consisting of 11 Officers. Arrangements with respect to the assignment of an additional post to the Permanent Representation to support the Brussels based aspects of the forthcoming negotiations are underway.
Complementing this, six senior officers from each of the key areas in the Department (who are in turn supported by relevant staff) have been selected to make up a cross Divisional working group to focus on the key negotiating issues.
The number of staff assigned to work on Brexit related matters is being kept under review and weekly progress updates are provided to the Department's Management Board on the analysis and preparations underway.
