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Tuesday, 30 May 2017

Written Answers Nos. 116 - 137

Departmental Staff Redeployment

Questions (116)

Martin Ferris

Question:

116. Deputy Martin Ferris asked the Tánaiste and Minister for Justice and Equality if she will facilitate the transfer of a person (details supplied); and if she will make a statement on the matter. [25369/17]

View answer

Written answers

RIA has received a transfer request from the lady referred to in details supplied asking that she be moved to Dublin. No supporting documentation or representations have been received from the organisations referred to in the details supplied. Contact will be made with this lady to request this supporting documentation and, on receipt of same, consideration will be given to whether a transfer to Dublin can be facilitated.

Road Traffic Offences

Questions (117)

Thomas P. Broughan

Question:

117. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if she will report on the speed-over-distance cameras that were installed at the port tunnel; when these cameras are expected to become operational; when the first update on their functionality will be available; if legislation is required to allow for prosecutions arising from the use of this technology; and if she will make a statement on the matter. [25375/17]

View answer

Written answers

I am advised that the Garda authorities are engaging with Transport Infrastructure Ireland with regard to the introduction of an Average Speed Camera Detection System into the Dublin Port Tunnel on a pilot basis. I am also advised that the new system is due to become operational on 1 June 2017, and that An Garda Síochána will be in a position to issue Fixed Charge Notices (FCNs) and support prosecutions.

Road Traffic Offences Data

Questions (118)

Ruth Coppinger

Question:

118. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality if she will report on the work being carried out to remove the 14,700 wrongful driving convictions and penalty points identified in March 2017; if a process will be put in place for this; and if she will make a statement on the matter. [25390/17]

View answer

Written answers

An Garda Síochána has indicated that it has established a dedicated support helpline for members of the public with queries in relation to the 14,700 people convicted of road traffic offences in court, following the incorrect issuing of a summons. I am advised that An Garda Síochána is also writing to all affected members of the public, explaining what has happened and outlining the necessary steps to rectify the situation.

I understand that An Garda Síochána has been advised by the Director of Public Prosecutions and the Courts Service that these 14,700 cases must be brought back before the Courts at Circuit Court level, with a view to requesting that the erroneous convictions be set aside. In this regard, I am informed that An Garda Síochána has established a dedicated team which is liaising with the Courts Service to expedite this process. I am further advised that members of the public affected by these road traffic enforcement errors should await the aforementioned correspondence from An Garda Síochána which will provide further clarification on the matter.

The Garda authorities informed the Policing Authority at its public meeting on 27 April 2017 that it had, at that date, issued letters to 4,500 individuals. This resulted in 3,000 members of the public affected contacting An Garda Síochána, with 1,500 letters being returned undelivered. I understand that An Garda Síochána is now making arrangements to deliver these manually. I am advised that work is ongoing to deliver the necessary correspondence to all those who are affected by this matter.

Finally, I can inform the Deputy that I have written to the Chairperson of the Policing Authority in accordance with section 62O (6) of the Garda Síochána Act, 2005 (as amended) to report to me on its oversight of the issues which have arisen in relation to fixed charge notices. I requested that an investigation should be conducted to examine all issues arising, addressing as far as possible the reasons why the issues have arisen; the incidence and scale of the issues; and the solutions implemented to ensure there is no recurrence. I am advised that the Authority intends to engage outside expertise to carry out this work.

Garda Investigations

Questions (119)

Clare Daly

Question:

119. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality when An Garda Síochána will complete its investigation into an incident (details supplied); and if she will make a statement on the matter. [25394/17]

View answer

Written answers

The Deputy will appreciate that criminal investigations are properly dealt with by An Garda Síochána in the first instance and I, as Minister for Justice and Equality, have no role in relation to the conduct of particular Garda investigations.

However, to be of assistance to the Deputy, I have requested a report from the Garda authorities in relation to this matter and I will respond to the Deputy directly when a report is to hand.

The following deferred reply was received under Standing Order 42A

I refer to your recent Parliamentary Question (No. 119 of 30 May 2017) where you sought:"...when An Garda Síochána will complete their investigation into an incident....".

As you may recall, the information you requested could not be obtained in the time available.

I am informed by the Garda authorities that the incident in question remains under active investigation by An Garda Síochána. I am sure you will appreciate that as this Garda investigation is ongoing it would not be appropriate for me to make any further comment on the matter at this time.

However, I am advised by the Garda authorities that liaison in being maintained with relatives of the deceased.

I hope you find this information useful.

Assisted Decision Making

Questions (120)

Micheál Martin

Question:

120. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality when the Assisted Decision Making (Capacity) Act 2015 will come into force; the reason for the delays; and if she will make a statement on the matter. [25463/17]

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Written answers

The Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act was signed into law on 30 December 2015 and is being commenced on a phased basis.

New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission, must be put in place before the substantive provisions of the Act can be commenced. A high-level Steering Group comprised of senior officials from my Department, the Department of Health, the Mental Health Commission and the Courts Service is overseeing the establishment and commissioning of the Decision Support Service (DSS) and this work is ongoing.

A number of provisions of the Act were commenced in October 2016 in order to progress the setting up of the Decision Support Service. The Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016), brought some provisions of Part 1 (Preliminary and General) and Part 9 (Director of the Decision Support Service) of the Act into operation on 17 October 2016. These provisions were brought into operation in order to enable the process of recruitment of the Director of the DSS to begin. The recruitment and appointment of the Director of the DSS, and the appointment of DSS staff, is a matter for the Mental Health Commission (a body under the Department of Health) with the approval of the Minister for Health. My Department does not have any statutory function in relation to the recruitment and appointment of the Director.

The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives, is a matter for the Minister for Health.

It is intended that the key preparations will be put in place during the remainder of this year under the oversight of the Steering Group to allow for commencement orders for the remaining provisions of the Assisted Decision-Making (Capacity) Act 2015 that fall under my remit to be made on a carefully phased basis when the Decision Support Service is ready to roll out the new decision-making support options. It is not possible at the moment to provide an exact time line for the finalisation of these commencement orders, not least because we will need to have the Director of the DSS in place to fully ascertain the time-line. The post of Director was advertised by the Public Appointments Service on 7 April and it is expected that the Director will be in place during the summer.

However, my firm intention is that the necessary arrangements will be in place to enable commencement of the substantive provisions of the Act early in 2018.

Immigration Data

Questions (121)

Fiona O'Loughlin

Question:

121. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality if she will review the case of a person (details supplied); and if she will make a statement on the matter. [25495/17]

View answer

Written answers

I am informed by my officials in the Irish Naturalisation and Immigration Service (INIS) that there is no record that the person referred to by the Deputy recently applied for a Stamp 5 permission to remain in the State.

There is, however, a record that an application was received from this person in March 2017 requesting permission to remain in the State under the Zambrano judgement. The processing of this application is ongoing.

The Deputy may wish to note that 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.

Immigration Data

Questions (122)

Fiona O'Loughlin

Question:

122. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality if she will review the case of a person (details supplied); and if she will make a statement on the matter. [25496/17]

View answer

Written answers

I am informed by my officials in the Irish Naturalisation and Immigration Service (INIS) that there is no record that the person referred to by the Deputy recently applied for a Stamp 5 permission to remain in the State.

There is a record, however, that in March 2017 they applied for permission to remain in the State under the Zambrano judgement. The processing of this application is ongoing.

The Deputy may wish to note that 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.

Family Reunification Applications

Questions (123)

Richard Boyd Barrett

Question:

123. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality if she will address a matter (details supplied) regarding a family reunification visa; and if she will make a statement on the matter. [25511/17]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it is open to any visa required national to apply for a visa for any purpose. All applications are considered on their individual merits with the Visa Officer having regard to all of the information available. The onus rests at all times with the applicant to satisfy the Visa Officer that any visa sought should be granted.

The Policy Document on non-EEA Family Reunification which is available on the INIS website at www.inis.gov.ie provides a comprehensive statement of national immigration policy in the area of family reunification. It should be noted that financial capacity is just one of the conditions considered when making a determination on a family reunification application and the circumstances of the parties concerned are considered in the round on a case by case basis.

The Deputy may wish to note that queries 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 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. In addition, members of the public may themselves e-mail queries relating to visa applications directly to INIS (visamail@justice.ie).

Commercial Rates

Questions (124, 125)

Maurice Quinlivan

Question:

124. Deputy Maurice Quinlivan asked the Tánaiste and Minister for Justice and Equality the details of the criteria used by the Valuation Office to calculate the value of properties for commercial rates. [25517/17]

View answer

Maurice Quinlivan

Question:

125. Deputy Maurice Quinlivan asked the Tánaiste and Minister for Justice and Equality the details of the types of enterprises and the types of commercial and industrial properties exempt from paying commercial rates. [25518/17]

View answer

Written answers

I propose to take Questions Nos. 124 and 125 together.

I can inform the Deputy that while the Valuation Office came within the aegis of my Department from 1 January 2016, the Commissioner of Valuation is independent in the exercise of his functions under the Valuation Acts 2001-2015. The making of valuations for rating purposes is his sole responsibility. I, as Minister for Justice and Equality, have no functions in this regard.

A valuation for commercial rates purposes is an estimate of the Net Annual Value (NAV) of a property, at a specified valuation date, on the assumption that the occupier is responsible for the payment of commercial rates and for insuring and maintaining the property. The term "net annual value" has a legal definition set out in Section 48 of the Valuation Act 2001 as the rent for which, one year with another, the property might, in its actual state, be reasonably expected to let from year to year, on the assumption that the probable average annual cost of repairs, insurance and other expenses (if any) that would be necessary to maintain the property in that state, and all rates and other taxes payable in respect of the property, are borne by the tenant.

Estimating the NAV of a rateable property is an evidence-based exercise. In this regard, I am advised that the Valuation Office assesses relevant market transactions including details of various rental transactions. In accordance with the valuation legislation, best practice internationally and well-established valuation principles and case law arising from the independent Valuation Tribunal and the higher Courts, various valuation methodologies may be used in assessing the evidence available to the Valuation Office in order to arrive at the NAV of a rateable property. The most common method used is the "comparison" method which, as the name implies, employs direct comparison with other similar properties. In the absence of direct comparative evidence of value, two other methods may be used. The first of these is what is known as the "receipts and expenditure" method of valuation where trading accounts are analysed to arrive at the rent which a hypothetical tenant might be reasonably expected to expend on the property. This method is used in particular to value certain classes of properties such as licensed premises, hotels and service stations by reference to the trading data associated with the particular property. Another method of valuation used from time to time, depending on the particular circumstances and type of property involved, is the "contractor's method", where the notional cost of construction, allowing for depreciation as appropriate, and the value of the site are used to arrive at the net annual value. This is provided for in Section 50 of the Valuation Act 2001, as amended.

With regard to the issue of exemptions from rates, the basic premise of valuation legislation is that all buildings and land used or developed for any purpose, including constructions affixed thereto, are rateable unless expressly exempted under Schedule 4 of the Valuation Act 2001, as amended by the Valuation (Amendment) Act, 2015. There is a specific list of 22 property types across a wide range of usages which are exempt from rates under Schedule 4, where they are described in detail. I am advised by the Commissioner of Valuation that these categories have also been the subject of interpretation through cases before the independent Valuation Tribunal and the Higher Courts.

Family Reunification

Questions (126)

Bernard Durkan

Question:

126. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of a family reunification application in the case of a person (details supplied); and if she will make a statement on the matter. [25549/17]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for family reunification in respect of the person referred to was received in May 2016. All applications received are dealt with in chronological order by the Family Reunification Section. The application is currently being processed and a decision is expected to issue shortly.

The Deputy may wish to note that 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 specifically 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.

Departmental Funding

Questions (127)

Fergus O'Dowd

Question:

127. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Justice and Equality the reason for refusal of the national funding to promote the integration of immigrants for a group (details supplied); and if she will make a statement on the matter. [25572/17]

View answer

Written answers

I launched an open call for proposals for National Funding to Promote the Integration of Immigrants on 23 February, 2017 with a closing date of 22 March, 2017. As indicated in the call documentation, funding of €600,000 per annum would be committed for a period of three years. Seventy-three applications for funding were received and the amount of funding sought in these applications far exceeded the amounts available for allocation in the call. All applications were assessed against the selection criteria published in the call documentation. Following assessment of the applications in the Department and by an assessment committee with external representation, fourteen organisations were selected to receive funding. The budget allocation was fully committed. Unfortunately, the organisation referred to was not selected for funding on this occasion.

Garda Recruitment

Questions (128)

Éamon Ó Cuív

Question:

128. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality her plans to give an exemption from the second European language requirement in recruitment to An Garda Síochána to those that were exempt from learning Irish at primary and secondary school; and if she will make a statement on the matter. [25597/17]

View answer

Written answers

As the Deputy will be aware, recruitment to An Garda Síochána is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013 and the recruitment and training of An Garda Síochána is a matter for the Garda Commissioner, and I as Minister have no direct role in the matter.

Regulation 4 (d) specifies that all applicants for admission as a Garda Trainee must have a proven proficiency in two languages; one of which must be Irish or English. Such competency may be proven by achieving the relevant grades in the Leaving Certificate or for English or Irish through such assessments as set out by the Public Appointments Service (PAS) which, on behalf of the Garda Commissioner, manages the initial recruitment stages for selection of Garda Trainees.

This requirement applies without discrimination to all candidates, and there are no plans in train to change this requirement.

Garda Operations

Questions (129)

Robert Troy

Question:

129. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality the plans in place to mitigate against a terrorist attack; and if she will make a statement on the matter. [25756/17]

View answer

Written answers

The House should be aware that the primary security threat in the State is that posed by the so-called 'dissident' republican paramilitary groups who continue to oppose peace on this island. Combatting these groups remains a priority for the Government and the Garda Authorities. The Gardaí continue to take a range of actions against these groups and to disrupt their activities, and they have had many successes in this regard. The Gardaí continue to work very closely with their police and security counterparts in Northern Ireland in tackling this threat.

Attacks such as the recent bomb in Manchester are a reminder that no state can be considered immune from the threat from international terrorism. The current assessment of the threat here is that while a terrorist attack here is possible, it is unlikely and there is no specific information in relation to any threat to Ireland from international terrorism. The level of threat is kept under constant review. The authorities here remain in daily contact with their counterparts in the UK, the EU and beyond.

As the Deputy will be aware, the Taoiseach chaired a meeting on 25 May to review the State's arrangements and level of preparedness in the event of a major terrorist attack here. The Taoiseach and I as well as a number of other Ministers with relevant responsibilities attended, along with the Garda Commissioner, the Chief of Staff of the Defence Forces and senior officials. The meeting was briefed on the current threat assessment by the security authorities.

The House will understand that it is not the practice to disclose the detail of security arrangements that are in place, An Garda Síochána has considerable operational capacities in countering terrorism and in responding to critical incidents. There is, in particular, a highly-trained and well-equipped special intervention capability in the Emergency Response Unit that is supported by the regional Armed Support Units and the range of other resources across the Garda organisation. The considerable skills and resources of the Defence Forces are also available in support to the civil power when and where needed.

The Garda authorities are engaged in intensive, ongoing work aimed at preventing any attack taking place here. In this regard they work closely with the Defence Forces. Detailed preparations have also been made in the event of an attack. Other agencies also have plans in place to deal with the outcome of major incidents. Of its nature, much of this work cannot be disclosed publicly, but the Deputy should be assured that it goes on relentlessly.

The Garda Authorities continue to work closely with their EU and other international counterparts in responding to the shared threat of international terrorism. The Government is committed to providing An Garda Síochána with the necessary resources to enhance their connectivity to a range of EU and other international resources and a significant programme of work is ongoing in this regard supported by dedicated funding. This includes connecting to the Schengen Information System, developing the processing of travel-related data and mechanisms for the exchange of criminal fingerprint and DNA data.

It is also important to note that overall national emergency management arrangements are in place, involving all the different agencies of the State. Co-ordinated by the Government Task Force on Emergency Planning and the Office of Emergency Planning, all the various agencies and bodies continue to work closely together in supporting co-ordinated responses to any incident that might arise.

Of equal importance is the ongoing work to counter radicalisation. It is important to ensure that in the context of attacks such as that in Manchester, our Muslim community is not unfairly stigmatised. The Gardaí have developed a strong model of community-level interaction with minority communities in the State, including our Muslim community, and will maintain that interaction in order to serve those communities and to ensure that vulnerable individuals within those communities can be supported appropriately.

Immigration Status

Questions (130)

Catherine Martin

Question:

130. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality when a person (details supplied) will have their application processed; and if she will make a statement on the matter. [25794/17]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that correspondence was received from this person requesting an extension of permission to remain in the State on student conditions and this request is currently under consideration. The person concerned will be notified of the outcome in due course.

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.

Immigration Status

Questions (131)

Catherine Martin

Question:

131. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality when a person (details supplied) will have their application processed; and if she will make a statement on the matter. [25795/17]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that correspondence was received from this person requesting an extension of permission to remain in the State on student conditions and this request is currently under consideration. The person concerned will be notified of the outcome in due course.

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.

Naturalisation Eligibility

Questions (132)

Niall Collins

Question:

132. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality if she will address a matter relating to a person (details supplied); the advice which can be provided; and if she will make a statement on the matter. [25843/17]

View answer

Written answers

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. 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 statutory conditions are that the applicant must -

- be (i) of full age, or (ii) a minor born in the State,

- be of good character,

- have had 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.

Section 16 of the Act provides that the Minister may, in her absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations (defined as being related by blood, adoption or affinity to a person who is or is entitled to be an Irish citizen); where an applicant is a person who is a refugee within the meaning of the UN Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the UN Convention relating to the Status of Stateless persons. There is no right or entitlement to have any of the conditions waived even where the applicant comes within the certain circumstances outlined, it is entirely at the Minister's discretion.

It is open to any individual to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory requirements as prescribed in the Act. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received and I understand no application for naturalisation has been received on behalf of the individual concerned.

All applications are processed and assessed individually in accordance with the provisions of the Act. It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time. As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

Detailed information on Irish citizenship and naturalisation, as well as the relevant application forms, is available on the INIS website at www.inis.gov.ie. The website also contains guidance on the completion of an application for naturalisation.

Refugee Resettlement Programme

Questions (133)

Darragh O'Brien

Question:

133. Deputy Darragh O'Brien asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Questions Nos. 156 to 158, inclusive, of 23 May 2017, her views on whether the Government will meet its target of accepting 4,000 persons under the Irish refugee protection programme by the end of 2017 in view of the fact that to date it has only accepted 1,238 persons; and if she will make a statement on the matter. [25862/17]

View answer

Written answers

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, 2,622 through the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece, 1,040 (519 by the end of 2016 and the remainder in 2017) under the UNHCR-led refugee resettlement programme currently focussed on resettling refugees from Lebanon, and the balance through a variety of mechanisms. Some elements of this intake, such as the relocation strand, come with a time limit of two years and other elements are not time limited.

As regards the resettlement strand of the Programme Ireland had taken in 519 of the original commitment of 520 by the end of 2016 a year ahead of schedule. Last year the Government doubled its commitment under resettlement to 1,040 and the total to have arrived from Lebanon under refugee resettlement now stands at 779. The remaining 261 persons to arrive under resettlement have been selected and assessed and are expected to arrive later in the year.

In terms of the relocation aspect of the IRPP, allocations under the relevant EU Council Decisions are composed of three elements:

- an intake from Greece of 1,089 asylum seekers

- an intake from Italy of 623 asylum seekers and

- an allocation of 910 asylum seekers which has not yet been assigned to either Italy or Greece.

Ireland will meet in full its commitment to Greece. 459 of the allocation of 1,089 are already in the State and a further 320 have been assessed and are awaiting transportation. A further mission to assess the next 100 is scheduled to take place in Athens next week and missions to fill the remaining 210 places under this strand of the Programme have been scheduled with the Greek authorities between now and September 2017. However, as explained in responses to a related parliamentary question tabled by the Deputy last week, Italy, unlike Greece, will not permit security assessments to be undertaken by other States on its territory. Accordingly, Ireland has been unable to undertake security assessments on its territory of the asylum seeker cohort eligible for relocation to Ireland. It has therefore not been possible for Ireland to take asylum seekers from Italy. 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. A solution may yet emerge from a recent meeting held in Rome between senior officials from Ireland and Italy.

In terms of the unallocated portion contained in the two EU Council Decisions referred to above, which in the case of Ireland amounts to  910 persons, Ireland cannot access this component until a decision is taken at EU level to allocate these numbers 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. 

Ireland is doing everything it can to give effect to the EU relocation Decisions and what can unambiguously be said is that, should it be the case that despite all Ireland's efforts, the relocation mechanism does not permit Ireland to take in sufficient numbers of asylum seekers under relocation, then the Government commitment to take in 4,000 people remains and Ireland will take in these numbers through other mechanisms should this prove necessary.

International Terrorism

Questions (134)

Micheál Martin

Question:

134. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if EU security will be discussed at the next EU Council meeting following the bomb attack in Manchester and the relentless ISIS attacks across the EU with many member states under high security alert. [25627/17]

View answer

Written answers

In the circumstances of the threat from international terrorism, which was evidenced recently by the appalling attack in Manchester, the question of the terrorist threat and the measures to be taken to combat terrorism and violent extremism have been and will remain at the top of the agenda at my meetings with my EU counterparts within the EU Justice and Home Affairs Council.

The current threat environment stems, of course, from the ongoing conflict in Iraq and Syria, the influence of the actions of ISIL and suchlike terrorist groups, and persistent conflict and instability in regions neighbouring the EU.

Increasing the effectiveness of information and intelligence-sharing between relevant EU law enforcement services, enhancing border security measures, focusing on measures to counter radicalisation, including in the online space, have been among the priority themes for discussion and action. A series of measures is being rolled out to build on and improve the current operational co-operation and to identify areas to develop further the EU's supports for Member State's actions to counter terrorism. Ireland has been and will remain fully engaged in pursuing these developments.

Garda Data

Questions (135)

John Curran

Question:

135. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 55 of 9 March 2017, when a reply will issue for same; and if she will make a statement on the matter. [25956/17]

View answer

Written answers

As the Deputy is aware, I previously requested a report from the Garda authorities on the number of vehicles seized by the Gardaí and disposed of for each year from 2010 to 2016, and the amount of money raised each year from the sale of the vehicles. I will contact the Deputy directly as soon as the relevant information is to hand.

Garda Vetting Legislation

Questions (136)

Pat the Cope Gallagher

Question:

136. Deputy Pat The Cope Gallagher asked the Tánaiste and Minister for Justice and Equality her plans to introduce a single Garda vetting card to be issued to each person for a set period of time rather than the current situation whereby a person has to apply for Garda vetting on each occasion they change employment, voluntary work or placement; the reason such a universal vetting card is not available in place of the current system; and if she will make a statement on the matter. [26016/17]

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Written answers

The Deputy will appreciate that the primary purpose of the employment vetting carried out by the Garda National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults and it is carried out by An Garda Síochána primarily in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016.

Vetting checks are conducted by the Garda National Vetting Bureau for each new vetting application received to ensure that the most recent data available is taken into account. This is because once there has been any significant lapse of time between one employment and another, the original vetting disclosure must be reviewed to take account of any changes in information, such as more recent criminal convictions. Furthermore, the Data Protection Acts require that any sensitive personal data which employers use in regard to their employees must be current, accurate and up-to-date. Importantly, the general non-transferability and contemporaneous nature of the current process also helps to protect against the risk of fraud or forgery in the process.

I am pleased to inform that Deputy that at present, 80% of overall vetting applications are being processed by the National Vetting Bureau in five working days. This efficiency has been achieved by the deployment of the e-Vetting system which facilitates the on-line processing of applications for vetting from registered organisations. The e-Vetting system is available to all registered organisations and the Garda Authorities are ready to assist those organisations who are not yet using the e-Vetting system to do so. In circumstances where there is such a sustained reduction in processing times, the issue of vetting “transferability” is largely obviated.

That said, there are certain limited circumstances where organisations can share a single vetting disclosure where this is agreed to by the vetting applicant. Section 12(3)(A) of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (as amended) provides that two or more relevant organisations can enter into a joint written agreement in relation to the employment, contracting, permitting or placement of an person to undertake relevant work or activities thereby providing for only one of the organisations being required to conduct vetting in respect of that person.

Garda Data

Questions (137)

Pat the Cope Gallagher

Question:

137. Deputy Pat The Cope Gallagher asked the Tánaiste and Minister for Justice and Equality the number of Garda that are operational and on full-time duty on a weekly basis in the Donegal division; the number of Garda working in a full-time capacity now compared to those working in a full-time capacity in 2011, 2014 and 2016; and if she will make a statement on the matter. [26017/17]

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Written answers

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 have been advised by the Commissioner that as of the 31 March 2017 there were 378 Garda with 20 Garda Reserves and 31 civilians attached to the Donegal Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau, and the Garda National Drugs and Organised Crime Bureau.

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. 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 informed by the Commissioner, since the reopening of the Garda College in September 2014, that just under 1,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide 17 of whom were assigned to the Donegal 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 including Community Gardaí across every Garda Division including the Donegal Division in the coming years. To ensure a continuous pipeline of candidates a new recruitment drive was launched by the Commissioner earlier this month with a closing date of 1 June. The competition is being undertaken by the Public Appointment Service on behalf of the Commissioner and applications should be made to www.publicjobs.ie.

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.

For the Deputy's information, I have set out in tabular form the strength of the Donegal Division in the years 2011, 2014 and 2016 as provided by the Commissioner.

Donegal Division Strength 31 December 2011

District

Station

Total

BALLYSHANNON

BALLINTRA

2

BALLYSHANNON

47

BUNDORAN

6

DONEGAL TOWN

33

MOUNTCHARLES

1

NA CEALLA BEAGA

6

Total:

95

BUNCRANA

BUNCRANA

50

BURNFOOT

6

CARNDONAGH

4

CLONMANY

2

MALIN

3

MOVILLE

7

MUFF

4

Total:

76

GLENTIES

AILT NA CHORRÁIN

1

AN BUN BEAG

15

AN CHARRAIG

2

AN CLOCHÁN LIATH

8

ANAGAIRE

1

ARD NA RÁTHA

3

CLOUGHER

1

GLEANN CHOLM CILLE

1

NA GLEANNTA

25

Total:

57

LETTERKENNY

BALLYBOFEY

24

CARRIGANS

5

CASTLEFIN

4

CONVOY

3

LETTERKENNY

104

LIFFORD

17

NA BROCACHA

1

NEWTOWNCUNNINGHAM

3

RAPHOE

3

Total:

164

MILFORD

AN CRAOSLACH

1

AN FÁL CARRACH

9

CARRAIG AIRT

3

DÚN FIONNACHAID

2

KERRYKEEL

4

KILMACRENNAN

2

MILFORD

27

MÍN AN LÁBHAIN

1

RAMELTON

2

RATHMULLEN

1

Total:

52

DONEGAL TOTAL:

41 STATIONS

444

Donegal Division Strength 31 December 2014

District

Station

Total

BALLYSHANNON

AN CHARRAIG

2

ARD AN RÁTHA

2

BALLINTRA

1

BALLYSHANNON

46

BUNDORAN

6

DONEGAL TOWN

30

MOUNTCHARLES

1

NA CEALLA BEAGA

6

NA GLEANNTA

13

PETTIGO

1

Total

108

BUNCRANA

BUNCRANA

50

BURNFOOT

5

CARNDONAGH

7

CLONMANY

1

MOVILLE

5

MUFF

3

Total

71

LETTERKENNY

BALLYBOFEY

25

CARRIGANS

4

CASTLEFIN

3

CONVOY

3

LETTERKENNY

96

LIFFORD

14

NEWTOWNCUNNINGHAM

2

RAPHOE

3

Total

150

MILFORD

AILT AN CHORRÁIN

1

AN BUN BEAG

15

AN CLOCHÁN LIATH

6

AN CRAOSLACH

1

AN FÁL CARRACH

8

CARRAIG AIRT

2

DÚN FIONNACHAID

2

KERRYKEEL

2

KILMACRENNAN

1

MILFORD

27

RA

MELTON

2

RATHMULLEN

1

Total

68

DONEGAL TOTAL

36 STATIONS

397

Donegal Division Strength 31 December 2016

District

Station

Total

BALLYSHANNON

AN CHARRAIG

1

ARD AN RÁTHA

2

BALLINTRA

1

BALLYSHANNON

39

BUNDORAN

7

DONEGAL TOWN

25

MOUNTCHARLES

1

NA CEALLA BEAGA

6

NA GLEANNTA

12

PETTIGO

1

Total

95

BUNCRANA

BUNCRANA

44

BURNFOOT

4

CARNDONAGH

8

CLONMANY

1

MOVILLE

5

MUFF

3

Total

65

LETTERKENNY

BALLYBOFEY

24

CARRIGANS

3

CASTLEFIN

4

CONVOY

1

LETTERKENNY

106

LIFFORD

13

NEWTOWNCUNNINGHAM

2

RAPHOE

2

Total

155

MILFORD

AN BUN BEAG

15

AN CLOCHÁN LIATH

7

AN CRAOSLACH

1

AN FÁL CARRACH

9

CARRAIG AIRT

2

DÚN FIONNACHAID

2

KERRYKEEL

2

KILMACRENNAN

1

MILFORD

26

RAMELTON

1

RATHMULLEN

1

Total

67

DONEGAL Total

35 Stations

382

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