Tuesday, 23 May 2017

Written Answers Nos. 83-105

Garda Strength

Questions (83)

Thomas Byrne

Question:

83. Deputy Thomas Byrne asked the Tánaiste and Minister for Justice and Equality the way in which she proposes to ensure Garda numbers are increased in County Meath. [24329/17]

Written answers

Tánaiste and Minister for Justice and Equality

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

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 288 Garda together with 18 Garda Reserves and 27 civilians attached to the Meath 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.

This plan is progressing apace. I am advised by the Commissioner, that since the reopening of the Garda College in September 2014, almost 1,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide of whom 31 have been assigned to the Meath 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 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.

Garda College

Questions (84)

Mick Wallace

Question:

84. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality her views on the recent public disagreements between senior civilian staff in An Garda Síochána and the Garda Commissioner; the effect this may be having on morale; and if she will make a statement on the matter. [24380/17]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will be aware I have indicated my concern at the seriousness of the findings of the Interim Internal Audit Report in relation to the finances at the Garda College Templemore. While it is an interim report it paints a disturbing picture of the manner in which the College finances were run and, in short, finds that the financial controls in place there could not be stood over.

While, of course, there has to be accountability in relation to what went on at the College, the immediate priority has to be ensuring the problems identified in the audit are resolved. I have met with the Garda Commissioner, who is in law the Accounting Officer for the Garda vote, to discuss these matters and have been assured that the gravity of the issues raised has been recognised and that they are taking comprehensive steps to progress the recommendations in the Report. External governance expertise and auditors have been engaged. A Steering Committee, chaired by the Garda Síochána Chief Administrative Officer and including a representative from my Department, is overseeing the implementation of the recommendations. In addition, upon receipt of the report I referred it to the Policing Authority to oversee the implementation of the recommendations and to report back to me each quarter. I expect the Authority to submit its first report to me in July.

As you will be aware the Public Accounts Committee is examining the Commissioner in relation to the Interim Audit Report and intends to resume that examination in the coming weeks, and will report subsequently. Very particular responsibilities lie with Accounting Officers and you will appreciate that I must be careful not to interfere in any way with the work of that Committee. I can assure you that I will pay very careful attention to the proceedings at the Committee and, in particular, any report they may make. If action is required on my part as a result, I will not hesitate to take it.

I am aware of an issue which arose at the Committee in relation to the Commissioner's account of events and that of the person to whom you refer. I am also aware of reports that the person subsequently submitted material to the Committee. Obviously these are matters for the Committee to examine. I assume that the Commissioner will be given an opportunity to address any issues arising from the material provided to the Committee and that is at it should be.

I would make the general point that in any organisation there can be differences of opinion as to how best to proceed; what is vital, of course, is that any concerns which are raised are properly addressed. Ultimately it is a matter for the head of an organisation to decide on what action is appropriate and the head must, of course, be in a position to account for any decisions they take.

Communications Surveillance

Questions (85)

Catherine Murphy

Question:

85. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality if she has received details of the phone tapping allegations highlighted in a newspaper (details supplied); if she has spoken with the Deputy whose political activist is the subject of the tapping allegations; if she has spoken with the Government Minister who was in situ in the constituency at the time the alleged phone tapping occurred; and if she will make a statement on the matter. [24388/17]

Written answers

Tánaiste and Minister for Justice and Equality

As I have made clear to the House, it is never the practice to comment publicly on the use of these powers in any particular case. Indeed, there are restrictions in the law on the disclosure of the existence of particular interceptions.

In respect of the allegations made in reports, that the telephone of a political activist was intercepted at a time in the past, they have not been very detailed but, in any case, it would appear that they relate to matters alleged to have arisen in the early-2000s.

The appropriate person to look into the question of the operation of the law on interception and any potential abuses of that law is the Designated Judge. The functions of the Designated Judge are prescribed clearly by law and I could not seek to interfere with the exercise of those powers in any way. However, the House can be satisfied that an independent person is in place with full legal powers to address these matters. The allegations reported on recently have been brought to the attention of the Designated Judge, Ms Justice Marie Baker, and she will decide what action to take in respect of them.

Garda Reorganisation

Questions (86)

Ruth Coppinger

Question:

86. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality her views on reforms required in An Garda Síochána; and if she will make a statement on the matter. [24392/17]

Written answers

Tánaiste and Minister for Justice and Equality

The Deputy will be aware that the Government last week agreed the membership and final terms of reference for the Commission on the Future of Policing in Ireland. The terms of reference encompass all functions carried out by An Garda Síochána including community safety, state security and immigration, and also the full range of bodies that have a role in providing oversight and accountability including the three statutory bodies, but also my Department and the Government. They provide for a comprehensive examination of all aspects of policing in Ireland.

The individuals who make up the Commission, chaired by the outgoing Chief of the Seattle Police and former Chief Inspector of the Garda Inspectorate Kathleen O'Toole, have impressive track records in their respective fields. The membership seeks to strike the right balance between domestic and international perspectives and between academic, operational policing, community and victims’ perspectives, change management, governance and indeed Government experience. They are people of the highest calibre and will bring the necessary diversity of thought and expertise to the task.

Issues which have arisen - many historic, some contemporary - mean the time is right for a fundamental examination of all aspects of policing in this state. This is an opportunity to stand back and examine how we are to be policed as we approach the centenary of the establishment of An Garda Síochána. At the same time the crucial work of day-to-day policing and oversight continues. This includes an extensive programme of reform underway in An Garda Síochána based on the reports of the Garda Inspectorate and under the independent oversight of the Policing Authority. These reforms, which affect all aspects of the administration and operation of An Garda Síochána, must not be impeded or delayed in any way by the establishment of the Commission. I have referred the agreed recommendations of the Inspectorate report 'Changing Policing in Ireland' to the Policing Authority to monitor and assess their implementation by An Garda Síochána and to report progress to me on a quarterly basis. I received the first progress report from the Authority in January and have published it on my Department's website. I have recently received the second progress report and I am currently considering its contents. I will publish this second report shortly and each future progress report in due course.

The oversight, accountability and related functions of the relevant statutory bodies will continue to be discharged by them during the tenure of the Commission and will represent an essential input into its work. Crucially, however, the Commission may bring forward immediate proposals and rolling recommendations for implementation that it considers are required to be addressed in advance of its final report, which is due to be delivered in September 2018.

Direct Provision System

Questions (87)

Catherine Connolly

Question:

87. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality the number of recommendations from the McMahon report that have been implemented and that have not yet been implemented respectively, in tabular form; the reason for the delay in implementing these recommendations; and if she will make a statement on the matter. [24386/17]

Written answers

Tánaiste and Minister for Justice and Equality

I refer the Deputy to my response to her previous Parliamentary Question (No. 82 of 28 March last), in which I stated that the details on progress in respect of all of the 173 recommendations of the McMahon Report are available in the progress report which was published on my Department's website and on the website of the Irish Naturalisation and Immigration Service on 23 February 2017. The progress report shows a total of 121 of the recommendations are now implemented, with a further 38 partially implemented or in progress. This means that 92% of the Report's 173 recommendations implemented, partially implemented or are in progress.

Domestic Violence Policy

Questions (88)

Ruth Coppinger

Question:

88. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality her views on providing for out-of-hours interim barring orders and protection orders; and if she will make a statement on the matter. [24391/17]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that emergency applications such as protection orders and interim barring orders are prioritised. Such applications are usually granted, where the Court so decides, on the date the application is made to the Court. Applications are normally made when the relevant court office is open and the court is sitting within the relevant District.

Requests received outside of office hours are very rare. However, in every District there is a clerk on-call to take requests for special sittings from An Garda Síochána and there have been a few occasions where An Garda Síochána has contacted the clerk on-call regarding the need for a potential Domestic Violence application. In such situations the clerk of the court will contact the Judge assigned to the District and explain the gravity of the application on the basis of information supplied. It is a matter for the Judge to decide whether the circumstances as outlined would merit a special sitting of the Court.

Commercial Rates Valuation Process

Questions (89)

Fiona O'Loughlin

Question:

89. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality her plans to recategorise the equine industry for the purposes of commercial rates; if her attention has been drawn to the devastating impact the increase in commercial rates will have on the equine industry; and if she will make a statement on the matter. [16824/17]

Written answers

Tánaiste and Minister for Justice and Equality

The Valuation Acts 2001 to 2015 provide for the valuation of all commercial and industrial property for rating purposes. The Commissioner of Valuation is independent in the performance of his functions under the Acts and the making of valuations for rating is his sole responsibility. I, as Minister for Justice and Equality, have no role in decisions in this regard. Under Irish law there is a distinct separation of function between valuation of rateable property and setting and collection of commercial rates. The amount of rates payable in any calendar year is a product of the valuation set by the Commissioner, multiplied by the Annual Rate on Valuation (ARV) decided annually by the elected members of each local authority.

Having a modern valuation base is very important for the levying of commercial rates on a fair and equitable basis across all economic sectors. This has been the policy of successive governments and is the express purpose of the National Revaluation Programme now being rolled out by the Valuation Office. The Valuation Acts provide for revaluation of all rateable property within a rating authority area so as to reflect changes in value due to economic factors such as business turnover, differential movements in property values or other external factors and changes in the local business environment. The Valuation Office is currently engaged in a national revaluation programme, the immediate objective of which is to ensure that the first revaluation of all rating authority areas in over 150 years is conducted across the country, as soon as possible, and on a phased basis. This is a welcome and positive development which is long overdue and on which considerable progress has been made to date.

Revaluation is an important instrument in addressing historical anomalies in relation to commercial rates for both urban and rural properties and between particular classes of property within a local authority area. The general outcome of revaluations conducted to date by the Valuation Office has been that about 60% of ratepayers have had their liability for rates reduced following revaluation and about 40% had an increase, a pattern which is expected to be replicated elsewhere as the programme advances. The current phase of the national revaluation programme, "REVAL 2017", covers revaluation of all rateable properties in counties Longford, Leitrim, Roscommon, Westmeath, Offaly, Kildare, Sligo, Carlow and Kilkenny where a revaluation is being undertaken for the first time since the nineteenth century. It also includes the second revaluation of South Dublin County Council area. Revaluation in these counties will be completed in September 2017 and become effective for rating purposes from 2018 onwards.

Where the Valuation Office proposes to enter a new valuation or amend an existing valuation on a Valuation List, there is an extensive process available to cater for ratepayers who may be dissatisfied with the proposed valuation. A dissatisfied person can make representations to the Valuation Office within 40 days of the date of issue of the proposed valuation certificate. The Valuation Office will consider any such representations and may or may not change the proposed valuation depending on the circumstances of each individual property. If any ratepayer is still dissatisfied with the final valuation to be placed on their property following consideration of the representations, they have a right to lodge a formal appeal with the Valuation Tribunal, which is an independent statutory body established for the purpose of hearing appeals against decisions of the Commissioner of Valuation.

I am advised by the Commissioner of Valuation that there has been some apparent confusion as to the rateability of certain elements of the equine industry. The Valuation Act 2001 (Schedule 3, Sections 1(a) and (b)) provides that all buildings and lands used or developed for any purpose, are rateable. The basic premise under the Act is that all interests (including buildings) and all developed land are rateable unless expressly exempted under Schedule 4.

No re-classification of properties from rateable status to exempt status has occurred within the general equine industry since the Valuation Act 2001 came into force on 2 May 2002. The only element of the equine industry which satisfies the exemption provisions in Schedule 4 is the breeding of horses. Buildings used for breeding of horses are classified as being of agricultural use and are "farm buildings" as defined in the Act. Therefore these buildings are exempted from the payment of rates under paragraph 5 of Schedule 4. On the other hand, buildings used for the training of racehorses, recreational equestrian purposes or livery premises are rateable under the Act because they are considered to be part of a commercial enterprise. Such buildings would typically include stables for horses, covered riding arenas, tack rooms and ancillary buildings used to support the enterprise.

While acknowledging the important contribution which all elements of the equine industry make to the economy, I can advise the Deputy that there are no plans to reclassify these as exempt from rates. To do so would be at variance with the provisions in the Valuation Acts which maintains the long-standing position that all property occupied and used for commercial enterprises are liable for rates. Exceptions to this key principle would quickly be followed by demands for similar treatment from the providers of other equally important services and products, which would be difficult in equity to resist. This could thus substantially reduce local authority revenues, which would have to be made good by imposing corresponding increases on the remaining ratepayers.

Garda Stations

Questions (90)

Niamh Smyth

Question:

90. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality if she has met or liaised with local gardaí regarding the new station in Bailieborough, County Cavan, in view of the announcement of a new site; and if she will make a statement on the matter. [24021/17]

Written answers

Tánaiste and Minister for Justice and Equality

The Deputy will be aware that 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, OPW, which has the responsibility for the provision and maintenance of Garda accommodation.

I am, however, advised that contracts have been exchanged in relation to the site and that a planning application is expected to be made in the near future.

Surveillance Operations

Questions (91)

Mick Wallace

Question:

91. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality with regard to the designated judge under the 1993 and 2011 Acts and the interception of postal packages and retention of data, the detail of the most recent visit by the designated judge to the relevant authorities, including An Garda Síochána; the time they spent at each location; the number of files the designated judge examined; if she has satisfied herself with the detail of the most recent report in 2016 by the designated judge; and if she will make a statement on the matter. [24383/17]

Written answers

Tánaiste and Minister for Justice and Equality

The operation of the provisions of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the Communications (Retention of Data) Act 2011 are overseen by a serving judge of the High Court designated for that purpose by the Government. The current Designated Judge is Ms Justice Marie Baker. The Designated Judge is completely independent in the performance of her functions, including in the conduct of and reporting on the oversight of the operation of the Acts. The powers and functions of the Designated Judge are set out in the respective Acts, including the requirement to report at least annually to the Taoiseach. Those reports are laid before the Houses of the Oireachtas and are available to the Deputy in the library. The most recent report was provided by the previous Designated Judge, Mr. Justice Paul McDermott, in November 2016.

Garda Inspectorate Reports

Questions (92)

Mick Wallace

Question:

92. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality the reason no implementation update reports have been published by the current Garda Commissioner with regard to the recommendations of the past three Garda Inspectorate; her views on the lack of commitment to the implementing of Garda Inspectorate recommendations by the current Garda Commissioner; and if she will make a statement on the matter. [24382/17]

Written answers

Tánaiste and Minister for Justice and Equality

The Garda Síochána Inspectorate was established in July, 2006 under Part 5 of the Garda Síochána Act 2005. The role of the Inspectorate is to promote efficiency and effectiveness in the operation and administration of the Garda Síochána. The Inspectorate undertakes analysis of policies and procedures in the Garda Síochána and benchmarks them against the best practices and standards of comparable police services. To date, the Inspectorate has completed 11 reports, including the 2014 Crime Investigation report and the 2015 "Changing Policing in Ireland" report.

While the Garda Inspectorate has no statutory responsibility for the monitoring of the implementation of recommendations made in its reports, a process to do so was established with the Garda Síochána in 2008 which resulted in the publication of status implementation update reports twice a year on the Inspectorate’s website. The last such regular update was published in November 2013 when, I understand, the process was interrupted due to pressure of work. However, the Inspectorate and the Garda Síochána are now working towards the production, in tabular form, of a document which will indicate the position regarding the implementation of recommendations contained in a number of Inspectorate reports up to and including the Crime Investigation report. Once completed, the results will be published on the Inspectorate’s website.

It should be noted that the statutory position regarding the monitoring of the implementation of recommendations made in Inspectorate reports has changed. Section 117(A) of the Garda Síochána Act provides for a role for the Policing Authority in monitoring the measures taken by the Garda Síochána to implement the recommendations contained in reports prepared by the Inspectorate.

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 two most recent Inspectorate Reports referred to above. 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 to monitor the implementation of the agreed recommendations in 'Changing Policing in Ireland' and to report to me at regular intervals. This process is underway.

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.

As the Deputy will be aware, I recently announced the terms of reference and members of the Commission on the Future of Policing in Ireland. I expect that the Commission will have regard to appropriate structures for oversight and accountability of the Garda Síochána.

Direct Provision System

Questions (93)

Bríd Smith

Question:

93. Deputy Bríd Smith asked the Tánaiste and Minister for Justice and Equality if she will review the prices being charged in the shop in Mosney to persons in the direct provision system to determine if these are at a reasonable level compared to other shops; the reasons for differences; and if she will make a statement on the matter. [24334/17]

Written answers

Minister of State at the Department of Justice and Equality

Following from the McMahon report and in accordance with the Programme for a Partnership Government, improvements in facilities are being implemented across all family centres. One of the key recommendations in the McMahon report was in relation to the capacity of families to cook for themselves and it is to this end that the system in Mosney was introduced.

Rather than a simple, generic system of providing meals though a canteen which has been the subject of ongoing criticism, the Reception & Integration Agency (RIA) of my Department has worked with Mosney management to introduce a new system whereby residents are in a position to select produce and food products in a food hall and prepare meals for themselves and their families. It is important to note that there is no charge to the residents for this facility. The points in use in the system do not have a monetary equivalent and points cannot be purchased for cash.

This system is the culmination of a lengthy analysis process and included full consultation with a representative group of residents in Mosney. This system allows individual residents to choose those items they feel are right for their family. There are 600 products available in the Mosney Food Hall and it is open to any resident to suggest new items, which will be added to the stock, provided that a food source is identified that fulfils all food traceability and safety. All basic food categories are available and RIA is satisfied sufficient choice is available, even before the addition of further products, to allow parents to make healthy choices for their families.

It is also important to note that the system is under constant review and is a work in progress. It is being monitored by RIA and feedback from this project along with other similar projects due to commence soon will continue to inform the operation of the entire system - in essence, issues arising from the roll-out in Mosney will inform the system elsewhere.

Departmental Schemes

Questions (94)

Maureen O'Sullivan

Question:

94. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality the position regarding the case of a person (details supplied). [24052/17]

Written answers

Tánaiste and Minister for Justice and Equality

The applicant referred to by the Deputy received a formal offer to participate in the ex gratia scheme in March this year, to which a reply is awaited. Officials from my Department are in contact with the applicant's legal representative.

Garda Investigations

Questions (95)

Brendan Smith

Question:

95. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality the position regarding the investigation into the bombing in Belturbet, County Cavan, in December 1972 which caused the death of two persons; and if she will make a statement on the matter. [23968/17]

Written answers

Tánaiste and Minister for Justice and Equality

The bomb attack in Belturbet on 28 December 1972 was an appalling act of violence, which claimed two innocent lives. Our thoughts are, of course, with the families of the victims who, like so many other families over the course of the Troubles, have had to face the pain and grief of the loss of their loved ones.

The Garda authorities inform me that the Belturbet atrocity was the subject of a rigorous Garda investigation at the time of its commission. Expert assistance was provided by the Defence Forces to the Garda investigators. The gardaí were in close liaison with the police in Northern Ireland during the course of the investigation. It is a matter of regret that despite pursuing every available avenue of inquiry open to the investigators, it has not been possible to acquire sufficient evidence to sustain a prosecution for these two murders.

However, given that over 40 years have passed since these murders Belturbet, without new evidence we must be realistic as to the prospect of a successful prosecution. That said, I want to assure that House that the investigation into the bombing and the two deaths it caused remains open and that the Garda Authorities will pursue fully any new information or evidence that is brought to them. 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.

Northern Ireland

Questions (96)

Micheál Martin

Question:

96. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality the status of the progress being made on the way to address the concerns of the families of the victims of the Kingsmill massacre. [24364/17]

Written answers

Tánaiste and Minister for Justice and Equality

The murder of ten innocent workmen at Kingsmill in January 1976 was an appalling atrocity and the Irish Government is committed to co-operating fully in accordance with law with the Northern Ireland Coroner’s Inquest into the Kingsmill murders in order to provide answers for the victims’ families. In line with this commitment, relevant evidential material in the possession of An Garda Síochána has already been transferred by them to the Northern Ireland Coroner.

The transfer of sensitive or personal information from one jurisdiction to another must, of course be carried out on a proper basis in order to be lawful. As there is no formal framework in place to facilitate such cooperation with a civil inquest in Northern Ireland the Government took measures in the form of a Directive under Section 25 of the Garda Síochána Act 2005 and making Regulations under of the Data Protection Acts which facilitated the Garda Commissioner in making material available to the Northern Ireland Coroner. These measures have facilitated the Garda Authorities to transfer material to the inquest.

The Garda Authorities have continuously sought to cooperate with the Northern Ireland Coroner and his legal team as part of what is an ongoing legal process. There have been a number of meetings with the Coroner's legal representative and ongoing exchange of correspondence aimed at providing further support to the inquest. I can assure the Deputy that every effort continues to be made to facilitate further cooperation, both formally and informally, insofar as that can be done in accordance with the law. I am also examining what additional legislative proposals might be brought forward in this regard. The Government is fully committed to taking actions to address the painful legacy of the past in Northern Ireland and implementing the relevant provisions of the Stormont House Agreement is a priority objective, one which was prominent in the recent negotiations on the formation of a new Northern Ireland Executive. The Government will continue to engage with all parties in seeking agreement on how to best advance the implementation of that framework.

Cabinet Committee Meetings

Questions (97)

Mattie McGrath

Question:

97. Deputy Mattie McGrath asked the Taoiseach the number of times each of the Cabinet committees has met since the formation of the current Government. [24142/17]

Written answers

The Taoiseach

Since the formation of the Government in May 2016, the Cabinet Committee on Housing has met 18 times, the Committee on Health ten times, the Committee on Social Policy and Public Service Reform six times, the Committee on Justice Reform three times, the Committee on European Affairs four times, the Committees on Regional and Rural Affairs and Infrastructure, Climate Action and Environment five times each, the Committee on Economy, Trade and Jobs seven times, the Committee on Arts, Irish, the Gaeltacht and the Islands twice, and the Committee on Brexit eight times.

Taoiseach's Communications

Questions (98)

Thomas P. Broughan

Question:

98. Deputy Thomas P. Broughan asked the Taoiseach if he has spoken to the new French President, Emmanuel Macron, since his election. [24400/17]

Written answers

The Taoiseach

I have written to President Macron to congratulate him on his appointment as President of the Republic of France. We spoke following the first round of the Presidential election.

Cabinet Committee Meetings

Questions (99)

Pearse Doherty

Question:

99. Deputy Pearse Doherty asked the Taoiseach the number of times to date in 2017 and the dates that the Cabinet committee on Brexit has met since its formation; and the dates on which it is anticipated that the Cabinet committee will meet from May to the end of December 2017. [24707/17]

Written answers

The Taoiseach

The Cabinet Committee on Brexit has met three times in 2017 on 26 January, 8 March and 26 April.

It met five times in 2016 on 8 September, 19 October, 7 November, 24 November & 20 December giving a total of eight meetings since its formation.

The Brexit Cabinet Committee will meet as required during the rest of 2017.

Commercial Rates Calculations

Questions (100)

Tom Neville

Question:

100. Deputy Tom Neville asked the Tánaiste and Minister for Justice and Equality the status of a valuation visit for a property (details supplied) in County Limerick by an official from the Valuation Office; and if she will make a statement on the matter. [24095/17]

Written answers

Tánaiste and Minister for Justice and Equality

The Valuation Acts 2001 - 2015 provide for the valuation of all commercial and industrial property for rating purposes and the Commissioner of Valuation is independent in the performance of his functions under the Act and the making of valuations for rating is his sole prerogative and I, as Minister for Justice and Equality, have no function in decisions in this regard.

Under section 28 (4) of the Valuation Act 2001 (as amended), a Revision Manager may carry out a revision of valuation in relation to a particular property only if a material change of circumstances (MCC) has occurred since the property was last revised. MCC is defined in section 3 of the Act as a change of circumstances, which consist of a new building, a change in value due to structural alterations of an existing building, total or partial demolition of a building or a sub-division or amalgamation of relevant property. The definition does not allow for a revision of valuation where the change in value is due to economic factors, differential movements in property values or other external factors such as roads or other infrastructural development in the vicinity of a property.

I am informed by the Valuation Office that an application for a revision of valuation has been received from the occupier of the property referred to by the Deputy, and a Revision Manager will shortly consider the case and issue a determination in relation to the valuation. Prior to this, an inspection of the premises will be arranged with the occupier for a mutually convenient date within the next two weeks or so. Following the determination of a proposed valuation, a notice of the decision will issue to the applicant, who, if dissatisfied with the decision, will have the right to make representations in respect of the proposed revision and will have 40 days to do so, from the date of issue of the certificate.

The occupier will have a further statutory right to make an appeal to the Valuation Tribunal, if dissatisfied with the outcome of their representations. The Valuation Tribunal is an independent body set up to settle disputed valuations between the Commissioner of Valuation and individual ratepayers.

Surveillance Operations

Questions (101)

Jim O'Callaghan

Question:

101. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of persons taken to the complaint referee under the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the Criminal Justice (Surveillance) Act 2009; and the number of complaints that were upheld. [24121/17]

Written answers

Tánaiste and Minister for Justice and Equality

The Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the Criminal Justice (Surveillance) Act 2009 provide for dedicated and independent judicial oversight mechanisms, including a complaints mechanism. Anyone who believes they have been the victim of improper use of this legislation may make a complaint to the Complaints Referee. The Complaints Referee is Judge John Hannan, a serving judge of the Circuit Court.

The Complaints Referee is independent in the exercise of his functions and by law may have access to any records he deems relevant and any relevant person must, by law, give the Judge any relevant information in their possession. The Complaints Referee is completely independent in the performance of his functions under the Acts. He is not required to produce a general or annual report or statistical information in respect of his functions.

The Acts require that if the Complaints Referee finds in the course of an investigation that the powers in the Acts have been contravened he must, inter alia, make a report of his findings to the Taoiseach. I have no record that any such report has been made.

Garda Vetting Legislation

Questions (102)

Frank O'Rourke

Question:

102. Deputy Frank O'Rourke asked the Tánaiste and Minister for Justice and Equality her plans to facilitate transition year students who have not reached 16 years of age to secure work experience in schools in view of the restriction with Garda vetting for those under 16 years of age; and if she will make a statement on the matter. [24424/17]

Written answers

Tánaiste and Minister for Justice and Equality

The Garda National Vetting Bureau carries out vetting checks and this is done primarily in respect of areas of employment where persons may have substantial, unsupervised access to children or vulnerable adults, including schools. This is carried out in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016.

I am informed by the Garda authorities that the National Vetting Bureau conducts vetting in respect of children aged over 16 years with parental/guardian consent. It is the policy of the National Vetting Bureau not to conduct vetting in respect of persons under the age of 16 years - this is in line with current international best practice in this regard and in the best interests of the protection of the children themselves.

The Garda Authorities have informed me that while there have been some requests from certain sectors to vet all school-going children, it is the view of the Garda Authorities that such an approach, if it were accepted, would place an unnecessary and inordinate burden on children and on the schools and organisations working with children.

Independent Review Mechanism

Questions (103)

John Brassil

Question:

103. Deputy John Brassil asked the Tánaiste and Minister for Justice and Equality the number of the 311 plus cases referred to the independent review mechanism which have been reopened; the number which have been brought to a satisfactory conclusion; and if she will make a statement on the matter. [23984/17]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy is aware, in May 2014 the Independent Review Mechanism (IRM) was established to consider allegations of Garda misconduct or deficiencies in the way that Gardaí had carried out investigations.

A panel consisting of two Senior and five Junior Counsel was established for the purpose, all selected on the basis of their knowledge of the criminal justice system. Recommendations were returned in all of the 320 complaints referred to the Panel and I accepted all of the recommendations. The majority of the recommendations were that I should take no further action. Reasons stated for this include cases where the complaints fell outside the remit of the review itself and the fact that there were still some ongoing matters either before the Courts or by way of investigations by the Garda Síochána Ombudsman Commission (GSOC). None of the IRM cases have since been reopened.

My Department has been following through on those cases where action was recommended such as referring issues to GSOC under section 102 of the Garda Síochána Act 2005, as amended, requesting reports from the Garda Commissioner under section 41 of that Act and establishing a number of Inquiries under section 42 of the 2005 Act.

I am conscious that some complainants were unhappy with the outcome of the review process. In circumstances where individuals have genuine but necessarily subjective concerns about how their particular cases were originally handled, it is inevitable that many complainants who were informed that no further action was recommended, or where the recommendation fell short of what they had hoped for, would be unhappy with that outcome. The crucial point, however, is that every case has been reviewed by independent counsel who made an objective recommendation based on the details supplied by the complainants themselves.

Commissions of Investigation

Questions (104)

David Cullinane

Question:

104. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality if commission of investigation reports and evidence gathered by commissions of investigation cannot be used as evidence in court; and if she will make a statement on the matter. [23998/17]

Written answers

Tánaiste and Minister for Justice and Equality

Under section 19 of the Commissions of Investigation Act 2004 none of the following is admissible as evidence against a person in any criminal or other proceedings:

- a statement or admission made by the person to a commission;

- a document given or sent to a commission pursuant to a direction or request of the commission to the person, or

- a document specified in an affidavit of documents made by the person and given to a commission pursuant to a direction or request of the commission.

Citizenship Status

Questions (105)

Robert Troy

Question:

105. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality if she will grant family citizenship to persons (details supplied); and if she will make a statement on the matter. [24003/17]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of a current application for a certificate of naturalisation from persons with the family name referred to by the Deputy.

Section 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must-

- be of full age

- be of good character

- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a further total residence in the State amounting to four years

- intend in good faith to continue to reside in the State after naturalisation

- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—

(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and

(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet all the statutory requirements. An on-line residency calculator is available on the website www.inis.gov.ie, which may be of assistance in establishing if the residency requirements are met.

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