Written Answers Nos. 97-116
97. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the expected publication date for the report of the working group on the Thornton Hall site in Fingal; the levels of maintenance and key ongoing works on the site; the annual cost of same over the past 12 years and to date in 2017; and if she will make a statement on the matter. [22761/17]
View answerI refer the Deputy to my reply to Parliamentary Question No. 156 of 2 May 2017, in which I outlined that a Working Group was established by the Secretary General of the Department of Justice and Equality in January 2015, to examine options for the future use of the Thornton Hall site. This group, comprising of officials from the Department of Justice and Equality, the Office of Public Works and the Irish Prison Service, was asked to review potential options for the lands and house at Thornton and make recommendations on how best to maximise the value to the State. I am awaiting the Working Group's Report and in advance of that, I am not in a position to indicate an expected publication date.
In relation to maintenance and ongoing costs, the information is currently being collated and I will respond to the Deputy directly as soon as the information is to hand.
The following deferred reply was received under Standing Order 42A.
I refer to Parliamentary Question Nos. 97 and 62 for answer on 16 May 2017 and 18 May 2017 respectively, in which you requested the levels of maintenance and key ongoing works on the Thornton Hall site, the annual cost of same over the past 12 years and to date in 2017 and the annual cost of maintaining and running the site.
The table outlines the total costs incurred since 2005 in respect of maintenance, repairs and utilities which are the main costs in terms of ongoing maintenance of the site.
Ongoing Maintenance, Repairs & Utilities
|
2013 |
€181,280 |
|
2014 |
€248,190 |
|
2015 |
€117,930 |
|
2016 |
€ 62,001 |
|
2017 (to 15 June |
€ 51,514 |
I hope this information is of assistance.
98. Deputy Darragh O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to bring forward legislation on periodic payments for medical negligence cases; and if she will make a statement on the matter. [23133/17]
View answerThe main purposes of the Civil Liability (Amendment) Bill 2017 are to empower the courts to make awards of damages by way of periodic payments orders in cases of catastrophic personal injury, including catastrophic injury resulting from medical negligence, and to provide for open disclosure of patient safety incidents. The Bill, which has already been passed by the Seanad, commenced Second Stage in this House last Wednesday, 10 May, and will resume Second Stage later today, 16 May.
99. Deputy Donnchadh Ó Laoghaire asked the Tánaiste and Minister for Justice and Equality when the stay back provision and third level graduate scheme is to be extended from 12 months as outlined in the action plan for education 2017; when this will be in place and implemented; and if there will be a retroactive permission for 1g stamp holders. [23209/17]
View answerI would refer the Deputy to my reply to Parliamentary Question No. 100 of 10 May 2017 which also concerned this matter.
As I stated on that occasion, I intend to jointly announce, with my colleague the Minister for Education and Skills, the details for an approved updated Third Level Graduate Programme in the coming weeks. I can, however, say that the revised programme will not be retrospective.
100. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality if there will be a provision to ensure it is only the bar area that is calculated for commercial rates in sporting complexes in which a bar is located; and if she will make a statement on the matter. [23298/17]
View answerI wish to advise the Deputy that the Valuation Office is responsible for the provision of valuations on which commercial rates are based. The Commissioner of Valuation is independent in the exercise of his statutory functions and I as Minister for Justice and Equality have no role in the matter. Regarding the valuation for rating of bar areas in sporting complexes, historically the premises of sports clubs which were registered under the Registration of Clubs (Ireland) Act 1904, i.e. clubs licensed to sell alcohol, were rateable in their entirety. However, the Valuation (Amendment) Act 2015 introduced a new provision to the Valuation Act 2001 at Schedule 4, paragraph 4B, to provide an exemption from rates in respect of the buildings in such clubs and complexes which are used exclusively for community sport on a not-for-profit basis. Such buildings would typically include the club's meeting rooms, machinery sheds, equipment storage areas, administrative offices, changing rooms and gymnasia.
Following this change to the valuation legislation, community sports clubs are now only liable for rates on parts of buildings that are used for the generation of income on a commercial basis. Consequently, the following parts of a premises of a club registered under the Registration of Clubs (Ireland) Act 1904 remain rateable:
(i) any part of the premises used for the sale, or consumption of alcohol on a regular, or occasional, basis;
(ii) any part of the premises used directly, or indirectly, in the generation of income for the club, or other persons, other than:
- income derived from club membership fees,
- community organisations using the building for community purposes;
- participants in community sport using the building for the purposes of community sport.
Therefore, the parts of the premises of sporting complexes which would be rateable would include the following:
- A shop or similar areas reserved for retail or commercial activity;
- Areas used in conjunction with the storage, preparation, sale or consumption of food such as kitchens, dining areas, function rooms and toilets;
- Areas used on a regular or occasional basis for the sale, or consumption of alcohol such as bar areas, function rooms, halls, etc.
- Areas used in connection with the storage of alcohol or other produce for sale on the premises.
In summary, this effectively means that buildings or part thereof within the sporting complex that are used for the sale of alcohol or food, retail outlets, etc. are rated but buildings used exclusively for community sport are exempt. If a sport club's only commercial facility is the bar then it is only the bar and ancillary features that are rated. As a result of this exemption provided for in the Valuation (Amendment) Act, 2015, which became effective on 8 June 2015, I understand that the Valuation Office has been revising the valuations of registered sports club premises to ensure that only the commercial part of such premises are rateable and that buildings used exclusively for community sport are exempt. Any sports club which is registered under the 1904 Act, and has not yet had its valuation revised to take advantage of the new exemption, may apply to the Valuation Office for a revision of the valuation. The application may be made using the specified form which is available on the Valuation Office's website, www.valoff.ie.
101. Deputy Paul Kehoe asked the Tánaiste and Minister for Justice and Equality when the case of persons (details supplied) will be finalised with the Land Registry; and if she will make a statement on the matter. [22683/17]
View answerI can inform the Minister that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions. The Minister will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round.
I can further inform the Minister that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.
The referred reply under Standing Order 42A was forwarded to the Deputy.
102. Deputy Charlie McConalogue asked the Tánaiste and Minister for Justice and Equality the position regarding the progression of legislation on sex trafficking; and if she will make a statement on the matter. [22689/17]
View answerThere are already a number of offences under Irish law which address the trafficking of persons for the purpose of exploitation (including sexual exploitation) and which can attract significant penalties. Under the Criminal Law (Human Trafficking) Act 2008, any person found guilty of trafficking for the purposes of sexual exploitation shall be liable to imprisonment for a period up to life. It is also an offence for a person to solicit or importune a trafficked person for the purposes of prostitution with a potential penalty of imprisonment for up to 5 years.
The Criminal Law (Sexual Offences) Act 2017 was enacted on 22 February 2017. Part 4 of the Act provides for two new offences of purchasing sexual services, in the context of prostitution. The purpose of these offences is to target the demand for prostitution. The first is a general offence of paying to engage in sexual activity with a prostitute which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of paying for sexual activity with a trafficked person, in the context of prostitution, and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not commit an offence.
These new offences implement the recommendation of the Joint Oireachtas Committee on Justice, Equality and Defence which called for the introduction of an offence criminalising the purchase of sexual services. Both the Council of Europe and the European Parliament have recognised the effectiveness of the criminalisation of the purchase of sexual services as a tool in the fight against human trafficking.
These provisions were commenced with effect from 27 March 2017.
103. Deputy James Lawless asked the Tánaiste and Minister for Justice and Equality the number of gardaí in County Kildare in each of the years 2011 to 2016 and to date in 2017; the number of gardaí likely to be assigned to County Kildare from new recruits for the remainder of 2017; and her plans to increase the number of gardaí assigned to County Kildare to cater for the increasing population, in tabular form. [22743/17]
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 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.
I am further informed by the Commissioner that, as of the 31 March 2017, there were 323 Garda together with 22 Garda Reserves and 30 civilians attached to the Kildare 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 (NBCI), 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. 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. Funding has also been provided for the recruitment of 300 Garda Reserves.
I am advised by the Commissioner, that since the reopening of the Garda College in September 2014, 981 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 50 of whom were assigned to the Kildare Division. I am also informed that another 600 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 - an increase of 500 since the end of 2016.
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 Kildare Division.
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 class-room 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 the Deputy's information I have set out in the following table the strength of the Kildare Division for the years 2011 to 2016 and up to 31 March 2017, the latest date for which figures are readily available, as provided by the Commissioner.
Strength of Kildare Division 2011-2017
|
Total |
Year |
|
318 |
2011 |
|
318 |
2012 |
|
315 |
2013 |
|
301 |
2014 |
|
312 |
2015 |
|
316 |
2016 |
|
323 |
2017 |
*As of 31 March 2017
104. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality the reason her Department abolished the right of foreclosure in the Land and Conveyancing Law Reform Act 2009; and if she will make a statement on the matter. [22762/17]
View answerThe position is that section 96(2) of the Land and Conveyancing Law Reform Act 2009 provides that a mortgagee's right to foreclosure is abolished. This implements the recommendation of the Law Reform Commission in its 2004 Consultation Paper "Reform and Modernisation of Land Law and Conveyancing Law" (paragraph 9.16) that foreclosure be abolished on the ground that it was not an appropriate remedy and had not been granted by Irish courts for over a century.
105. Deputy Donnchadh Ó Laoghaire asked the Tánaiste and Minister for Justice and Equality the status regarding the development of national standards for direct provision centres. [22784/17]
View answerThe recommendations in the Working Group Report, also referred to as the McMahon Report, in relation to standards in State provided accommodation are under examination by a sub-group comprising representatives from my Department, other State agencies and representatives from the NGO sector. The work of this group is still progressing. This is alongside other major projects, such as improved cooking and living facilities, which are being rolled out across a number of State provided accommodation centres.
106. Deputy Joan Burton asked the Tánaiste and Minister for Justice and Equality the number of contractors that submitted tenders for the construction of the new State forensic laboratory at Backweston, Celbridge, County Kildare, by the closing date of 8 May 2017; when she expects the evaluation of the tenders to be completed; the expected date for commencement of construction and completion; and if she will make a statement on the matter. [22796/17]
View answerFor quite some time, I have regarded the need for a new Forensic Science laboratory appropriate to the State's requirements as one of the most critical capital projects in the justice sector. The construction of the new laboratory is being managed by the Office of Public Works (OPW) on behalf of my Department.
I am informed by the OPW that the deadline of 8th May 2017 referred to by the Deputy was for expressions of interest, rather than tenders, and a total of 13 were received. These are currently being examined with a view to inviting six contractors to tender in June/July for appointment towards the end of the year. All going to plan, I would expect that the new facility will be available for occupation late 2019/early 2020.
Separately, an enabling works package of earthworks, piling etc. is being progressed and will commence in advance of the main works. The expected start date for this package of works is July 2017.
107. Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Justice and Equality the statistics for each of the two refugee sub-programmes, resettlement and relocation; if under the resettlement sub-programme the State has lived up to its own target of accepting a further 260 persons in spring 2017; if a selection mission visited Lebanon in the early months of 2017; the status of the agreement with Greece under the relocation sub-programme; the number of persons of the 1,100 the State has agreed to accept from Greece up to September 2017 who are now here; the number of the 200 unaccompanied minors, formerly detained at Calais in France, that Dáil Éireann agreed to accept in November 2016 who have been relocated here; her views on the State's responsibilities and undertakings regarding these humanitarian crises; and if she will make a statement on the matter. [22835/17]
View answerAs the Deputy will be aware, the Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. Under this programme, the Government has pledged to accept a total of 4,000 persons into the State. A breakdown of how this 4,000 will be taken in across the various mechanisms through which the programme is being delivered can be found in Table 1.
Table 1: Table of Total Numbers under Government Decision on the IRPP
|
Relocation Strand |
Numbers |
|
Council Decision 2015/1523 |
600 |
|
Council Decision 2015/1601 |
2,022* |
|
Total Relocation |
2,622 |
|
Resettlement Strand |
|
|
Government Decision 09/06/15 |
520 |
|
Government Decision 06/07/16 |
260 |
|
Government Decision 29/11/16 |
260 |
|
Total Resettlement |
1,040 |
|
Total Unaccompanied Minors Calais (Government Decision 10/11/16) |
200 (up to) |
|
Mechanism as yet undecided |
138 |
|
Grand Total |
4000 |
*Of the total of 2,022 under Council Decision 2015/1601 - 910 have yet to be assigned to either Italy or Greece by the EU Commission.
Arrivals to date
As of the 15 May 2017, the numbers of persons that have arrived under both the programme refugee resettlement strand and the relocated asylum seeker strands of the programme are set out in Table 2 and Table 3 respectively.
Table 2: Resettlement Programme Refugees
|
Total People |
Adults |
Minors |
Age 0-4 |
Age 5-12 |
Age 13-17 |
|
779 |
362 |
417 |
120 |
230 |
67 |
Table 3: Relocated Asylum Seekers
|
Total People |
Adults |
Minors |
Age 0-4 |
Age 5-12 |
Age 13-17 |
|
459 |
274 |
185 |
70 |
82 |
33 |
Further numbers will of course arrive under the relocation programme over the coming months. Full details on the two primary strands of the programme are set out as follows for the information of the Deputy.
Of the 1,259 people who have arrived thus far under the IRPP (including unaccompanied minors), a total of 543 persons are now living in the community in various locations nationwide. It is expected that in the region of another 100 people will be housed within the community by the end of June 2017. IRPP officials are working closely with local authorities across the State and the Irish Red Cross to secure appropriate accommodation for those currently in emergency accommodation and all future arrivals.
Resettlement strand of the programme
Taking account of the situation in the Middle East, and the plight of the refugees, the Tánaiste announced that Ireland would accept 520 persons for resettlement over an 18-month period to the end of 2017. This was almost double the figure proposed for Ireland by the European Commission and was delivered a year ahead of the Commission deadline.
In addition, the Government announced last year that it was extending the resettlement programme to take in a further two groups of 260 refugees (520 in total) from Lebanon in 2017, most of whom are expected to be of Syrian origin. The first group of 260 have already arrived following a selection mission last October and a further mission to Beirut in late March/early April this year selected sufficient numbers to ensure the overall total of 1,040 is reached by the end of 2017.
Relocation strand of the programme
Despite initial delays outside of Ireland's control in respect of the operation of the 'hotspots' on the ground in Greece, Ireland has to-date taken in a total of 459 people from Greece under relocation. A monthly schedule has been agreed with the Greek authorities which will sustain the pace of intakes throughout 2017 at the levels required to allow Ireland to meets its initial commitments to Greece within the time frame envisaged by the Programme.
Ireland has agreed to take up to 20 unaccompanied minors (UAMs) under the relocation aspects of the IRPP. Fundamentally, Ireland's capacity to take UAMs is determined by Tusla, the child and family agency. 6 UAMs (by the Irish definition) have arrived in Ireland from Greece under the programme. However, relatively few UAMs appear to be available within the cohort eligible for relocation and efforts continue to seek further transfers within this cohort. All UAMs that have arrived to-date are in the care of Tusla.
As regards Italy, the relocation mechanism from Italy to Ireland has yet to commence due to issues with the Italian authorities surrounding the security assessment of migrants assigned to other Member States. Intensive efforts are ongoing to resolve this, both bilaterally with Italian counterparts at official, diplomatic and Ministerial level, and at EU level, including through the European Commission.
The total target for relocation EU-wide in the two Council Decisions for relocation also includes an unallocated portion which in the case of Ireland amounts to 910 persons. These numbers have not yet been allocated as between Greece and Italy. It is understood that the European Commission are examining allocating this "unassigned" portion and if they do Ireland will immediately work towards relocating them.
Calais Unaccompanied Minors
In a further gesture of humanitarian assistance towards the most vulnerable caught up in the migration crisis and following a debate in the Dáil, the Government also committed to taking up to 200 additional unaccompanied minors (UAMs) from France who were previously resident in the migrant camp at Calais. The Child and Family Agency, Tusla, which provides welfare and protection services for unaccompanied minors who enter the State, comes under the remit of my colleague the Minister for Children and Youth Affairs, Dr. Katherine Zappone TD. I understand that 21 young persons have been relocated to this jurisdiction to-date, 19 of whom are currently in the care of Tusla and 2 of whom have been reunited with family.
Following the Dail resolution on unaccompanied minors who were previously in unofficial camps near Calais, Minister Zappone asked Tusla to put in place the supports needed to coordinate its role in this effort. Tusla launched the Calais Special Project (CSP) and this is being led operationally by their separated children's team. I would note that Tusla’s separated children team also care for unaccompanied minors who arrive on their own and those that are being relocated under the Irish Refugee Protection Programme.
The French authorities have provided assistance in meeting with young persons who were previously in unofficial camps near Calais and have an interest in relocating to Ireland. Tusla officials and members of An Garda Síochána carry out the interviews with the young persons to minimise the time required and any unnecessary duplication of effort. Officials of my Department coordinate with colleagues in Tusla in relation to immigration matters, ensuring that the unaccompanied minors arriving in the State meet the terms of the Dáil motion, transit seamlessly through their port of entry and receive refugee status. Further information on the operation of this initiative can be obtained from Tusla or my colleague, the Minister for Children and Youth Affairs, Dr. Katherine Zappone TD.
The above initiatives therefore leave just a small residual balance to be allocated from the Government decision to take 4,000 persons.
The Deputy will appreciate that there are many moving parts to such a programme given the large number of state bodies and non-governmental organisations and agencies involved at both national and international level and not all aspects are entirely within the control of my officials. Overseeing a programme that touches on virtually all aspects of the lives of 4,000 vulnerable people is also a hugely labour intensive operation. In these circumstances, I am satisfied that everything that can be done within my Department to ensure the Government's meets its humanitarian undertakings under the programme is being done.
108. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the advice she would give to a person who is unsatisfied with works carried out by the management company to the roof of the apartment block in which they reside resulting in damage to the property; the steps they can take to seek redress; and if she will make a statement on the matter. [22840/17]
View answerThe Deputy will appreciate that I am not in a position to provide legal advice in respect of such matters. The general position is that section 24 of the Multi-Unit Developments Act 2011 contains provisions for the resolution of disputes involving multi-unit developments. It provides that a person, including any member of the Owners Management Company, may apply to the Circuit Court for an order to enforce any right conferred or obligation imposed by the Act. The Circuit Court, if satisfied that a right has been infringed or an obligation has not been discharged, may make such remedial order as it deems appropriate in the circumstances with a view to ensuring the effective enforcement of the right or the effective discharge of the obligation in respect of the multi-unit development concerned. I should add that the Act also contains provisions which encourage the resolution of disputes that may arise between parties by means of mediation rather than recourse to court proceedings.
109. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality if marriages that take place in Thailand between a citizen of the State and a Thai citizen are recognised here; the rights the Thai citizen has to reside with their spouse here; and if she will make a statement on the matter. [22845/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that civil/legal marriages that take place in Thailand between a citizen of the State and a Thai citizen are recognised in this State provided that they have gone through the relevant declaration process in accordance with Section 29 of the Family Law Acts 1995.
Marriage to an Irish National does not confer an automatic right of residence in the State and any application for residency on this basis must meet the requirements as set out in the Policy Document on non-EEA Family Re-unification which is available on the INIS website - www.inis.gov.ie.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility, which has been established 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 Parliamentary Question process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
110. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 98 of 8 February 2017, the position regarding the investigation of the Ombudsman into the administration of the Magdalen redress scheme; and if she will make a statement on the matter. [22918/17]
View answerThe Ombudsman notified my Department that he is undertaking an investigation into complaints regarding the administration of the Scheme by the Department of Justice and Equality. My officials' understanding is that it relates to the inclusion of an institution that is not one of the 12 covered by Scheme. That investigation is ongoing and it is a matter for the Ombudsman to determine how it proceeds and the time lines involved. The Deputy will appreciate that it would not be appropriate for me to comment on an ongoing Ombudsman's investigation other than to say that my officials are cooperating fully with it.
111. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if she is satisfied that An Garda Síochána is adequately equipped and specifically skilled to carry out investigations into complex cases of fraud and has sufficient resources available to deal with these types of cases; and if she will make a statement on the matter. [22932/17]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for managing and controlling generally the administration and business of An Garda Síochána. Accordingly, decisions in relation to the provision and allocation of Garda resources and the training of Garda members and civilian staff are matters for the Garda Commissioner and, as Minister, I have no direct role in relation to these matters.
The Government’s overarching commitment is to ensure a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. In furtherance of this, 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 recently.
The Deputy will also be aware that the Garda Síochána Modernisation and Renewal Programme 2016-2021, which takes on board the key findings of various reports into An Garda Síochána by the Garda Síochána Inspectorate, the Garda Síochána Ombudsman Commission and expert groups, amongst others, is being implemented. The Programme is intended to professionalise, modernise and renew An Garda Síochána to ensure that the organisation can meet present and future challenges and includes an emphasis on the development of all members and staff to ensure that they will receive the training, mentoring and leadership development that they require to continue to develop their skills, to perform more effectively in their roles and progress their careers.
In addition, the Government has committed to significant investment of some €330 million in Garda ICT infrastructure, including €205 million under the Capital Plan, between 2016 and 2021. This investment will enable An Garda Síochána to deploy the latest cutting edge technologies in the fight against crime and will ensure that An Garda Síochána has the capacity to provide effective policing services in response to the evolving challenges of modern day criminal activity, including fraud. I am informed that, the Garda authorities are continually looking to ensure that the latest information, communications and forensic technologies are sourced and deployed to ensure that An Garda Síochána will be properly resourced to meet the evolving needs of a modern effective police force and to take advantage of proven up to date technological developments in crime detection and prevention as they occur.
The Deputy will, of course, be aware that there have also been a number of significant developments in our legislative framework in recent years targeting crimes of fraud. For example, the Criminal Justice Act 2011 targets specified serious and complex offences, including offences in the areas of banking and finance, company law, money laundering, fraud and corruption. It provides for procedures to facilitate Garda access to essential information and documentation to assist in investigations. In addition, Part 5 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 makes provision for the selection of up to 15 jurors to serve in a criminal trial which is likely to last more than 2 months, with 12 jurors to be selected to consider the verdict. These provisions are of relevance to lengthy trials involving fraud or other complex financial matters where there is a risk of jurors becoming unavailable during the course of a protracted trial.
In terms of forthcoming legislation, the Prevention of Corruption Acts 1889 to 2010 will be replaced by the provisions of the Criminal Justice (Corruption) Bill which will replace and update the offences of giving and receiving bribes contained in existing legislation. The Bill will also enhance the ability of the DPP to bring prosecutions by providing for presumptions of corrupt gifts or payments and it will provide for penalties of up to 10 years’ imprisonment and unlimited fines for persons convicted on indictment.
In addition, the General Scheme of the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill was approved by Government in December 2016. The Bill will give effect to provisions contained in the Fourth EU Money Laundering Directive which has the aim of strengthening laws in the EU to combat money laundering and terrorist financing.
While my Department has responsibility for legislation addressing some aspects of white collar crime including fraud and corruption, other aspects, such as insider trading, Companies Acts offences and environmental offences, fall within the responsibility of other Government Departments. Other relevant legislative enhancements in recent years include the Central Bank (Supervision and Enforcement) Act 2013, the Companies Act 2014 and more broadly the Protected Disclosures Act 2014.
The breadth and diversity of the issues connected with this form of crime are such that no one piece of legislation could effectively address all of them and therefore legislation in this area is continuously under review and development. Further developments in this area will be assisted by the Law Reform Commission’s 2016 issues paper in relation to Regulatory Enforcement and Corporate Offences. Among the issues under consideration by the Commission will be whether the supervisory and enforcement powers of the State's main financial and economic regulators (such as the Central Bank, ComReg, the Competition and Consumer Protection Commission and the Director of Corporate Enforcement) are adequate or need to be supplemented by, for example, civil financial sanctions and more effective co-ordination between such regulators. In addition, the Commission will consider whether there are gaps in the criminal law, particularly in relation to fraud, that need to be filled in order to respond more effectively to serious wrongdoing by corporate bodies, and whether there is a case for introducing an offence of reckless trading.
Finally, I am advised that An Garda Síochána continues to develop strategies, working closely with other bodies with relevant enforcement functions, aimed at targeting, dismantling and disrupting criminal networks, utilising advanced analytical and intelligence methodology.
112. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the position regarding the plans to upgrade Howth Garda station, County Dublin; and if she will make a statement on the matter. [22933/17]
View answerAs the Deputy will be aware, the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close co-operation with the Office of Public Works which has the responsibility for the provision and maintenance of Garda accommodation and I, as Minister, have no direct role in these matters.
I have, however, been informed by the Garda authorities that the public office in Howth Garda station has recently been refurbished in order to enhance the space available for Garda staff and for the benefit of members of the public.
I understand that the works commenced in late 2016 and were completed in early 2017.
113. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the estimated cost of increasing the number of Garda CCTV cameras in Dublin city centre from 77 to 127; and if she will make a statement on the matter. [22934/17]
View answerAs the Deputy will appreciate, the Garda Commissioner is primarily responsible for the operation of the Garda CCTV network and I, as Minister, have no direct role in the matter.
I have, however, been informed by the Garda authorities that the estimated capital cost of installing an additional 50 CCTV cameras in Dublin city centre would be of the order of €1,750,000 (excluding VAT). This would include, in addition to the cost of the actual CCTV equipment and monitors, costs associated with matters such as project management and system design, planning permissions, road openings and software licences.
114. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the advice and representation provided under the legal aid scheme for asylum seekers at the leave to remain stage following a negative decision by the International Protection Appeals Tribunal. [22990/17]
View answer115. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the advice and representation provided under the legal aid scheme for asylum seekers issued with deportation orders. [22991/17]
View answer116. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the advice and representation provided under the legal aid scheme for asylum seekers making an application to revoke a deportation order. [22992/17]
View answerI propose to take Questions Nos. 114 to 116, inclusive, together.
The Legal Aid Board is committed to providing all international protection clients with early legal advice on all aspects of their application. In their initial consultation, (pre-questionnaire stage) the applicant is informed of the Permission to Remain (PTR) procedure. This includes the potential for consideration of an application for PTR contemporaneously with their application for asylum/subsidiary protection. They are also informed of their ongoing obligation to inform me of any changes in circumstances that might affect their application; and of the 5 day statutory period following receipt of the International Protection Appeals Tribunal (IPAT) decision to file further PTR submissions before final review by me.
If the International Protection Office (IPO) issues a negative recommendation to the client, it is reviewed by the Legal Aid Board solicitor who will then take the client’s instructions. If the client is not appealing the recommendation, a letter will issue to them advising that the case is now completed. Should the IPAT affirm the negative recommendation, the client will be advised again of the statutory time-limit for reviewing the decision. Where requested by the client, a review will be initiated by the solicitor.
If a client has been served with a Deportation Order, the Legal Aid Board solicitor will write to them explaining its implications. They will be offered an appointment if the solicitor considers it appropriate and necessary. The solicitor will then review the considerations and, if they are of the view that there are no grounds for challenging the Deportation Order:
- The client will be informed in writing;
- The client will be advised of the possibility of obtaining a second opinion privately, and
- The client will be advised that their file will be closed after the reporting date has passed.
If the solicitor is of the view that there are legal grounds to challenge the Deportation Order, the client will be advised on the options of seeking a revocation or instituting judicial review proceedings. If considered appropriate by the legal representative, they may submit written representations to me setting out the reasons as to why the Deportation Order should be revoked.
Where it is considered that the decision to issue a Deportation Order is flawed and merits the institution of Judicial Review proceedings, that possibility will be investigated by the Legal Aid Board solicitor and the client will advised as to their options.
