Wednesday, 20 Sep 2017

Written Answers Nos. 294-320

Overseas Development Aid

Questions (294)

Maureen O'Sullivan

Question:

294. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the difficulties faced by children with disabilities in the developing world; if Irish Aid is in a position to offer direct support for those with disabilities in view of their specific needs and the fact that NGOs on the ground have pointed out that this group is ten times less likely to attend school in the developing world; and if he will make a statement on the matter. [39827/17]

Written answers

Minister of State at the Department of Foreign Affairs and Trade

The Government’s 2013 Policy for International Development, One World, One Future, affirms Ireland's commitment to addressing the rights and needs of vulnerable people, including those with disabilities.

Disability is both a cause and a consequence of poverty. It can magnify existing vulnerabilities among individuals, communities and nations, and people with disabilities are extremely vulnerable to discrimination, physical and sexual abuse and social exclusion. Ireland is committed to addressing the needs of children and other people living with disabilities by continuing and increasing our support to specific initiatives and to ensuring that we mainstream a focus on disability in our relevant programming work.

Ireland works with NGOs, with our developing country partners and with multilateral organisations, including through our humanitarian assistance, to address the needs of people living with disabilities.

Education is one of the most effective ways to break the cycle of discrimination and poverty that children with disabilities often face. In this regard, I note Ireland's work with, and support to, the Global Partnership for Education (GPE) in least developed countries to help build structures and systems focused on keeping children with disabilities in the education system.

Ireland works to assist the empowerment of people with disabilities and their families. In recognition of the fact that women and girls with disabilities are twice as likely to face domestic violence, and three times more likely to suffer sexual violence we also place an emphasis on initiatives to prevent violence against women and girls with disabilities, such as the UN Trust Fund to End Violence Against Women.

Overseas Development Aid Provision

Questions (295)

Maureen O'Sullivan

Question:

295. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade further to requests from a group (details supplied), if approval will be given to increase the amount of funding the Government provides in overseas development aid; and if he will ensure that Irish Aid disaggregates the data from all of its projects by age to ensure better planning for the future. [39828/17]

Written answers

Minister of State at the Department of Foreign Affairs and Trade

The Government is strongly committed to Ireland’s Aid Programme, and to its place at the heart of our foreign policy. Our priorities for the Programme are clearly laid out in the Government’s development policy, ‘One World One Future’. The programme has an enviable international reputation and is sharply focused on delivering our goals of reducing poverty and hunger, promoting inclusive and sustainable growth and building more equitable and better systems of governance, particularly in our key partner countries. We have consistently repeated our commitment to providing incremental but sustainable increases to Official Development Assistance (ODA) as economic conditions allow.

As our economic recovery consolidates, we have begun to make good on that commitment and have provided an increase to ODA of €40 million in 2016 and a further €10 million in 2017.

The 2018 Estimates process is now under way. Next year’s budget for ODA, as with allocations to all public expenditure, is ultimately a matter for Government, and must be set in the context of current Government priorities, available resources, and competing budgetary demands. However, I want to assure the Deputy that I, and the Minister for Foreign Affairs and Trade will be making the strongest possible case for a continued increase in the allocation to ODA into 2018.

Irish Aid is committed to ensuring high quality monitoring and evaluation systems across all projects and continues to encourage collection of disaggregated data across various vulnerability categories, including age. Detailed budget allocations are made annually across the aid programme in response to existing needs, humanitarian crises and overall programme priorities. Clear criteria are in place to inform the budget allocation process. Sub-Saharan Africa remains our priority region, where we direct assistance to the poorest communities, particularly in our key partner countries. Our aid programme focuses on delivering real and sustainable improvements to the lives of some of the world poorest and most vulnerable people, in the areas of basic health, education, agriculture, and food production.

Human Rights

Questions (296)

Maureen O'Sullivan

Question:

296. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade if he will request the Saudi and Qatari authorities to withdraw the requirement for exit visas in order to facilitate the return of trapped migrant workers to prevent a humanitarian crisis. [39829/17]

Written answers

Minister for Foreign Affairs and Trade

I am very concerned by the difficulties faced by migrant workers in both Qatar and Saudi Arabia, and I strongly deplore any abuses of workers’ rights.

Ireland raises human rights issues regularly in the EU context, in bilateral discussions at every suitable opportunity and we participate fully in the Universal Periodic Review mechanism of the Human Rights Council.

For example, in the context of the Universal Periodic Review of Qatar by the Human Rights Council in 2014, Ireland expressed concerns about widespread reports of violations of the rights of migrant workers, especially in the context of the 2022 World Cup. Ireland expressed particular concerns about the Kafala system of sponsorship, and encouraged Qatar to undertake a thorough review of the regulatory regime for migrant workers, with the aim of bringing it into line with international human rights and labour standards. In addition Ireland recommended that Qatar abolish the ‘exit visa’ system for migrant workers. More recently, Ireland’s Ambassador to Qatar raised these issues directly with the Foreign Ministry of Qatar.

I urge the governments of Qatar and Saudi Arabia to cooperate with the UN and the International Labour Organisation and to work to improve the situation of migrant workers and their families in their respective countries.

Arms Trade

Questions (297)

Maureen O'Sullivan

Question:

297. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade if he will condemn the growing arms trade which in 2015 exceeded $1.68 trillion; his views on whether this trade has a detrimental effect, particularly on those in conflict zones and in view of the fact that eight of the top 20 arms selling nations are members of the EU; and if he will progress this worrying trend at European level. [39830/17]

Written answers

Minister for Foreign Affairs and Trade

The unregulated flow of arms has exacerbated regional conflicts, exacted a heavy toll in human suffering, and has deflected resources away from sustainable development. Many of these weapons find their way into the hands of perpetrators through illicit channels, helped by inadequate (or inadequately enforced) laws and weak control mechanisms at national and local levels.

The Arms Trade Treaty (ATT), which came into force in 2014, is the first legally binding instrument to regulate the international trade in conventional weapons. States which sign up to the Treaty are prohibited from exporting arms to countries if they know those weapons will be used to commit gross violations of human rights.

Ireland, as one of the first countries to sign and ratify the Arms Trade Treaty, has been a strong and consistent supporter of the Treaty. The ATT, properly implemented, can represent a major step forward in the international community’s efforts to regulate the international trade in Conventional Weapons.

Since the Treaty’s adoption, 92 States are now a party to the Treaty and a further 41 countries are signatory states to the Treaty. All EU Member States have signed and ratified the Treaty and the EU, including its individual Member States, provide significant support and funding to help realise the Treaty’s aims.

Further, the ATT now counts 12 out of the world’s 20 largest exporters of conventional arms as States Parties. However there is still progress to be made. Ireland regularly encourages all States who have not yet acceded to the Treaty as full members to do so. We also participate actively in EU demarches to non-members on this issue and will continue to do so.

Moreover, Ireland regularly provides financial assistance to the Voluntary Trust Fund, a vital mechanism which provides assistance to States in terms of universalisation and the effective implementation of the Treaty.

In addition to the ATT, the EU has a range of sanctions in place in respect of countries engaged in conflicts. All licence applications for exports are considered having regard to these measures. Sanctions can include arms embargoes and various restrictive measures including prohibitions on the provision of targeted goods and services.

My Department will continue to support the implementation of effective controls to regulate the international arms trade. My officials and I will continue to highlight the detrimental impact that the unregulated flow of arms can cause as we did most recently at the annual Conference of States Parties to the ATT.

Public Services Card

Questions (298)

Ruth Coppinger

Question:

298. Deputy Ruth Coppinger asked the Minister for Foreign Affairs and Trade further to Parliamentary Question No. 482 of 11 September 2017, the level of security that is not in the issuing of passports but that is in the issuing of the public services card; his views on the security of passports; and if he will make a statement on the matter. [39866/17]

Written answers

Minister for Foreign Affairs and Trade

The Irish passport has a strong international reputation due to the strength of security features within the book and the robust process involved in its issuance. This allows Irish citizens the freedom to visit over 170 countries without applying for a visa.

All passport applications are subject to the terms of the Passports Act, 2008 (“the Act”), which provides a legal basis for the various policies and practices which are applied by the Passport Service in the issue of passports.

Before issuing a passport to a person, the Minister must be satisfied, among other things, as to the identity of the person. Under the Act, the Minister may require an applicant to provide such information or documents as required to establish his/her identity. It is in keeping with our commitment to upholding the integrity and security of the Irish passport and to combat passport fraud that robust systems and procedures are in place for verification of identity.

The Public Services Card (“PSC”) issued by the Department of Social Protection under their SAFE process is an added practical and effective protection against fraud and identity theft.

As previously set out, the Passport Service currently requires the PSC for first time adult applicants and for applicants seeking to replace lost, stolen or damaged passports that were issued prior to 2005. Further, the Government decided on 17 July 2017 that the PSC will be required for all passport applications made in the State by the end of 2018.

For security and operational reasons, I cannot set out all the verification checks carried out internally in the Passport Office on applications received.

As previously stated, my Department will ensure that any changes to the passport application process are communicated to the public well in advance and will work with the Department of Public Expenditure and Reform and the Department of Social Protection on the practicalities involved.

Brexit Negotiations

Questions (299)

Micheál Martin

Question:

299. Deputy Micheál Martin asked the Minister for Foreign Affairs and Trade if he will report on the Brexit negotiations. [39657/17]

Written answers

Minister for Foreign Affairs and Trade

There have been three rounds of negotiations to date, with the most recent round concluding on 31 August. As this is the first phase of negotiations, and in line with the agreed sequencing, the focus has been on the withdrawal issues of citizens’ rights, the financial settlement, other more technical “separation” issues and the issues unique to Ireland. Both the EU and UK have used these early rounds of negotiations to clarify their respective positions, highlighting the areas of agreement and divergence.

Discussions on several issues have been reasonably constructive to date, with some progress being made in the areas of citizens’ rights and the other separation issues. However, it is clear that many difficult and complex issues remain, above all in regard to the financial settlement. It is the area in which the least amount of progress has been made. Although the UK has accepted that it will have financial obligations to honour on its departure, it has not yet advanced a more concrete position on the issue and indeed has argued that its obligations are moral, not legal.

It is imperative that sufficient progress is made on this issue, as well as on all of the other withdrawal issues, in order for the European Council to be able to make a decision regarding the opening of parallel discussions on the framework for future relations. It will be in the second phase that trade and sectorial issues, including the question of transitional arrangements, will be discussed. Given that these issues are of crucial importance to Ireland and our economy, the Government wants to see phase two to begin as soon as possible. However, unless the UK demonstrates greater and more constructive engagement on these issues in the next two rounds of negotiations, it is unlikely that the European Council on 19-20 October will be in a position to decide on whether sufficient progress has been achieved in the first phase of the negotiations.

Michel Barnier, EU Chief Negotiator, and his Taskforce are well prepared for these negotiations, based both on the European Council guidelines and the more detailed negotiating directives agreed in the spring and the extensive and ongoing consultations they are holding with the 27 EU Member States.

We are appreciative of the level of support that both the Taskforce and our EU partners have shown for Ireland’s unique concerns, with Mr Barnier reiterating at our meeting on 4 September that Ireland’s interests are the EU’s interests. My officials and I have been working very closely with Mr Barnier and his team to ensure that Ireland’s positions are fully reflected in the negotiations and we will continue to engage closely with them in the weeks and months ahead.

On the Irish-specific issues, the High Level Dialogue between the UK and EU teams is making some headway. Good progress has been made on the recognition of a continuation of the Common Travel Area and there is a common objective to protect the Good Friday Agreement and the gains of the peace process. However, while some progress is being made on the protection of the Good Friday Agreement and the gains of the peace process, including the avoidance of a hard border, a lot more work is required on ensuring that the full implications of the UK’s decision to leave the EU is understood, including on North South cooperation.

In the last round of negotiations which concluded on 31 August, the UK presented its paper on Ireland and Northern Ireland. While the publication of this paper is welcome, the UK’s aspirations and statements of principle need to be backed by substantive commitments and clear links to workable solutions by the UK.

The Government welcomes and supports the Taskforce’s paper on the “Guiding Principles for the dialogue on Ireland/Northern Ireland” on 7 September. The paper builds on the European Council Guidelines agreed earlier this year and reflects the priority Irish issues identified by the Government: protecting the Good Friday Agreement in all its parts, and the peace process, including avoiding a hard border, and maintaining the Common Travel Area and sets out the principles on which solutions will have to be based. The EU will now seek to agree these principles with the UK as the basis for the future discussions on detailed solutions. We will continue to work closely with Mr Barnier and his team to advance Ireland’s concerns in these negotiations.

Northern Ireland

Questions (300)

Brendan Smith

Question:

300. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade if the reinstatement of the civic forum is part of the discussions for the Northern Ireland Executive and Assembly. [39903/17]

Written answers

Minister for Foreign Affairs and Trade

The Good Friday Agreement provided for the establishment of a civic forum to act as a consultative mechanism on social, economic and cultural issues in Northern Ireland. A civic forum was set up in 2000 and met on a number of occasions but was suspended following the collapse of the political institutions in October 2002. Following the restoration of devolved government in 2007, a review of the Forum was announced by the new Executive but was not re-established.

In addressing outstanding commitments, the parties to the Stormont House Agreement in 2014 agreed that it was important that civic voices be heard and their views considered in relation to key social, cultural and economic issues. A new model was envisaged through the establishment of a compact civic advisory panel, to meet regularly and to advise the Northern Ireland Executive. Under the Fresh Start Agreement of November 2015, the parties committed to the establishment of a compact civic advisory panel.

On 6 December 2016, the then First and deputy First Ministers announced the formation of this civic advisory panel. The role of the 6-person panel is to consider specific issues relevant to the Executive’s Programme for Government and engage with civic society stakeholders. This panel will report to the Executive and may also propose subjects it wishes to consider.

The establishment of the civic advisory panel by the last Northern Ireland Executive was very welcome, as it fulfilled a provision under the Stormont House and Fresh Start Agreements. However, in the absence of an Executive, the civic advisory panel is unable to operate effectively.

The Government is determined, as co-guarantor of the Good Friday Agreement, to continue to work with the Secretary of State and each of the political parties in Northern Ireland to support an agreement on the formation of a new power-sharing Executive for Northern Ireland within the mandate of the current Assembly.

Garda Commissioner Retirement

Questions (301)

Micheál Martin

Question:

301. Deputy Micheál Martin asked the Minister for Justice and Equality if he or his officials were informed regarding the Garda Commissioner's intention to apply for the head of Europol vacancy. [39033/17]

Written answers

Minister for Justice and Equality

The former Commissioner did indicate that she was giving consideration to applying for a position in Europol. However, in a statement issued on the occasion of her retirement she stated that she did not proceed with the application.

Immigrant Investor Programme Eligibility

Questions (302)

Thomas Byrne

Question:

302. Deputy Thomas Byrne asked the Minister for Justice and Equality if Irish family-owned businesses can involve an immigrant investor in the company; and the requirements for such a development. [39288/17]

Written answers

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the Immigrant Investor Programme (IIP)  is open to non-EEA nationals and their families who commit to an approved investment in Ireland. The IIP criteria requires that the investment has to be good for Ireland, good for jobs and in the public interest, the funds invested have to be legally acquired and owned by the investor (i.e. not borrowed). There is nothing to exclude an Investment being made to a family run business once the criteria of the programme are met.

Further details and the relevant application form is available on the INIS Website www.inis.gov.ie.

Road Traffic Offences Data

Questions (303, 304)

Bríd Smith

Question:

303. Deputy Bríd Smith asked the Minister for Justice and Equality the number of daily checks that are carried out on drivers using bus lanes illegally. [39475/17]

Bríd Smith

Question:

304. Deputy Bríd Smith asked the Minister for Justice and Equality the number of fines that are issued daily to drivers using bus lanes illegally. [39476/17]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 303 and 304 together.

I have requested a report from the Garda authorities in relation to these matters and I will contact the Deputy directly when the information is to hand.

UN Conventions Ratification

Questions (305)

Seán Haughey

Question:

305. Deputy Seán Haughey asked the Minister for Justice and Equality when the State will ratify the UN Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [39761/17]

Written answers

Minister of State at the Department of Justice and Equality

Ireland signed the Convention on the Rights of Persons with Disabilities in 2007 and since then, successive Governments have emphasised Ireland’s strong commitment to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. This Government remains committed to ratification of the Convention.

It is essential that the State is in a position to meet the obligations that it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to protect the people for whose benefit the Convention exists. The previous Government published a Roadmap in October 2015, which sets out the legislative measures needed to meet those requirements, along with declarations and reservations to be entered by Ireland on ratification.

Considerable progress has already been made to overcome the remaining legislative barriers to Ireland's ratification of the Convention. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Act 2017 has reformed Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights.

The Disability (Miscellaneous Provisions) Bill 2016 was published immediately prior to Christmas and completed Second Stage in February 2017. The primary purpose of the Bill is to address the remaining legislative barriers to Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Work is ongoing on all the other issues set out in the previous Government’s Roadmap for Ratification published in October 2015 and these will be progressed as Committee Stage amendments. The Bill will be progressed to enactment at an early date to facilitate ratification of the UN Convention as soon as possible.

The precise timing of ratification now depends on how long it will take for this Bill to progress through the enactment process and on issues in relation to commencement both of deprivation of liberty provisions, which will be included in the Bill at Committee Stage, and of the Assisted Decision Making (Capacity) Act 2015.

The major issue at this stage is in relation to deprivation of liberty – in the case of persons in nursing homes for example, whose capacity to consent may be in doubt. This is a sensitive and important issue and we must get it right. Unfortunately, it is taking longer than expected to develop a proposal that is constitutionally sound and operationally effective and reasonable. The Department of Justice and Equality continues to engage with the Department of Health to assist with that work, but there is still some work to be done.

While Ireland’s not having ratified the CRPD is a recurring point of criticism by the UN as well as by domestic civil society and NGOs, it should be noted that in terms of quality of service and the actual position of people with disabilities in society, Ireland is in many respects in advance of other EU states. This is not to be complacent and we are continuing to take practical measures to improve the lives of people with disabilities. The Report of the Make Work Pay Group was published earlier this year and already action, as announced by Minister Harris has been taken on its recommendations. We have a Comprehensive Employment Strategy in place and the Government recently published a new National Disability Inclusion Strategy (2017 – 2021). This strategy contains a wide range of practical commitments to improve the position of people with disabilities.

I would like to take this opportunity to assure the Deputy that ratification of the UNCRPD remains a very high priority for me as Minister.

Road Traffic Offences Data

Questions (306)

Robert Troy

Question:

306. Deputy Robert Troy asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 384 and 400 of 13 July 2017, if he will contact An Garda Síochána and request the furnishing of the information without further delay (details supplied). [39112/17]

Written answers

Minister for Justice and Equality

I have requested another update from the Garda authorities in relation to the matters raised and I will contact the Deputy directly when this information is to hand.

Garda Station Closures

Questions (307)

Alan Farrell

Question:

307. Deputy Alan Farrell asked the Minister for Justice and Equality when a decision will be made on the reopening of Rush Garda station with regard to the pilot scheme to reopen six Garda stations; and if he will make a statement on the matter. [39116/17]

Written answers

Minister for Justice and Equality

The Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána and I, as Minister, have no role in the matter. This includes responsibility for the formulation of proposals in relation to the opening and closing of Garda stations, taking into account crime trends and policing priorities, so as to ensure that the best possible use is made of these resources.

Under the Programme for a Partnership Government, the Government is committed to launching a pilot scheme to reopen 6 Garda stations, both urban and rural, to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order. At its meeting on 13 June 2017, the Government noted the Garda Commissioner’s interim Report which analysed population and crime trends and, taking account of the availability of stations for reuse, makes a number of recommendations including that Stepaside Station in Co. Dublin be reopened on a pilot basis. The Report also indicates that the Commissioner is likely, subject to further analysis, to recommend the reopening of Leighlinbridge, Co. Carlow and Donard, Co. Wicklow in her final report. If a second station is to be reopened in Dublin, the Commissioner has indicated that, subject to further analysis, the former station at Rush, Co. Dublin will be recommended for reopening.

The final report of the Commissioner is expected to be received shortly and it will be brought to Government thereafter.

Garda Operations

Questions (308)

Seán Sherlock

Question:

308. Deputy Sean Sherlock asked the Minister for Justice and Equality the measures he plans to take following the Europol report that shows Ireland as third highest in the European Union for reports that specifically relate to the suspected financing of terrorism. [39122/17]

Written answers

Minister for Justice and Equality

The very high level of reporting identified in the Europol report reflects the importance of the Irish financial services sector and the high volume of international transactions passing through it.

While all such reports are followed up by an Garda Síochána, the overwhelming majority prove, on investigation, to have no links of concern.

In order to reinforce this investigative capacity, additional resources have also been allocated to the Financial Intelligence Unit (FIU) within An Garda Síochána with the introduction of ‘goAML’ on 12th June 2017.

goAML is an IT software solution specifically designed by the United Nations Office on Drugs and Crime (UNODC) for use by FIUs throughout the world, which ensures the filtering of Suspicious Transaction Reports to identify potential links to Terrorist Financing.

The FIU now requires reporting entities to state what the "Report Indicator" is when completing an STR on goAML. Terrorist Financing is one of these indicators and ensures that each STR with this report indicator of Terrorist Financing receives a higher priority.

It should also be noted that An Garda Síochána have achieved a number of well publicised successes in recent months utilising security and operational intelligence to disrupt terrorist activities which serve to further demonstrate the effectiveness of on-going counter-terrorism and TF investigations.

Closed-Circuit Television Systems

Questions (309)

Jackie Cahill

Question:

309. Deputy Jackie Cahill asked the Minister for Justice and Equality the person or body who owns CCTV hardware at a location (details supplied); the person or body who is responsible for the monitoring and recording; and if he will make a statement on the matter. [39125/17]

Written answers

Minister for Justice and Equality

As the Deputy will be aware, my Department is currently administering a new grant-aid scheme to assist community groups in the establishment of community-based CCTV systems. Under the scheme, eligible community groups can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum grant of €40,000.

Full details of the scheme, including guidelines, application forms, code of practice and other relevant documentation are all available from my Department's website and I would strongly encourage interested groups to avail of the scheme.

I would draw the attention of the Deputy to section 38(3)(C) of the Garda Síochána Act 2005, which makes provision for the authorisation by the Garda Commissioner of CCTV Schemes that meet the established criteria and where the application for authorisation has been approved by the relevant local authority after consulting with the joint policing committee for the administrative area concerned.

Given the pivotal roles of the local authority and joint policing committee in the statutory framework, the Deputy will appreciate that, as Minister, I have no function in relation to the matter. Rather, it would seem that the question of ownership and operation of the CCTV hardware referred to by the Deputy would be a matter for the local authority concerned.

Departmental Reports

Questions (310)

Seán Sherlock

Question:

310. Deputy Sean Sherlock asked the Minister for Justice and Equality when he received the Murray report; and when he plans to publish it. [39134/17]

Written answers

Minister for Justice and Equality

The former Chief Justice, Mr. John L. Murray, was commissioned in January 2016 to examine the legislative framework in respect of access by statutory bodies to communications data of journalists held by communications service providers, taking into account the principle of protection of journalistic sources; the need for statutory bodies with investigative and/or prosecution powers to have access to data in order to prevent and detect serious crime; and current best international practice in this area.

Mr. Justice Murray's report sets out a very detailed and comprehensive analysis of the law in what is a complex and evolving area of law. On receipt of the report in April 2017 it was forwarded to the Attorney General for consideration and advice, against the background of recent findings in this area of the law by the Court of Justice of the European Union. Mr. Justice Murray has taken account of those findings in his review.

Detailed advice has been received and it is now being considered in the context of an ongoing assessment of the need for measures to address the findings of the Court of Justice. Following that, the report will be brought to the Government with a view to its publication.

Garda Vetting

Questions (311)

Pearse Doherty

Question:

311. Deputy Pearse Doherty asked the Minister for Justice and Equality his plans to revise the current Garda vetting process for substitute teaching positions requiring that candidates undergo Garda vetting requirements in order to simplify the relevant procedures with the view to minimising, in so far as possible and without diminishing the robust and crucial scrutiny of candidates, the administrative burden which is placed on candidates that are required to complete and return the necessary paperwork for each individual post for which they apply; and if he will make a statement on the matter. [39149/17]

Written answers

Minister for Justice and Equality

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. There are no current plans to revise the legislation or the vetting process in relation to substitute teaching positions.

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.

Visa Applications

Questions (312)

Seán Fleming

Question:

312. Deputy Sean Fleming asked the Minister for Justice and Equality if a person (details supplied) can have their GNIB number registered; and if he will make a statement on the matter. [39166/17]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the applicant is currently in the State on a short stay ‘C’ visa for the purpose of a visit.

The maximum permitted stay on a 'C' visa is 90 days. Registration of permission to be in the State is required for non-EEA nationals who are resident in the State for longer than 90 days, in accordance with the Immigration Act 2004. Holders of short stay 'C' visit visas cannot stay in the State for longer than 90 days, therefore it is not the practice of INIS or the Garda National Immigration Bureau to register such individuals.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.

Garda Operations

Questions (313)

Brendan Howlin

Question:

313. Deputy Brendan Howlin asked the Minister for Justice and Equality the sums allocated to cover the costs of the Commission on the Future of Policing; and if he will make a statement on the matter. [39194/17]

Written answers

Minister for Justice and Equality

As the Deputy will be aware, the Commission on the Future of Policing in Ireland was established by Government in April 2017 to undertake an independent, comprehensive examination of all aspects of policing including all functions currently carried out by An Garda Síochána (community safety, security and immigration). It is also to examine the full range of bodies that have a role in providing oversight and accountability for their activities; the Policing Authority, the Garda Inspectorate, the Garda Síochána Ombudsman Commission, my Department and the Government.

The terms of reference require the Commission to bring forward proposals addressing five themes:

- structures and management arrangements required for the most effective delivery of policing (including all functions currently carried out by An Garda Síochána),

- appropriate composition, recruitment and training of personnel,

- culture and ethos of policing,

- appropriate structures for oversight and accountability, and

- legislative framework for policing.

The terms of reference also call on the Commission to have regard to:

- existing and emerging issues identified as key challenges for Ireland’s model of policing,

- best practices in the policing models of other countries focused towards greater effectiveness and efficiency, and fostering public confidence in policing,

- previous reports concerning policing in Ireland,

- any specific challenges to delivering consistent structural and cultural reform in policing.

The Commission is chaired by Ms Kathleen O'Toole and comprises 10 other members drawn from Ireland and from overseas with wide ranging expertise. Members were selected due to their track record in their respective fields. As well as serving as the current Chief of Seattle Police Department, Ms O'Toole previously served as Boston Police Commissioner and Chief Inspector of the Garda Inspectorate. She was also a member of the Independent Commission on Policing for Northern Ireland (Patten Commission) established in 1998 to inquire into policing in Northern Ireland. The Commission is supported by a full-time secretariat.

The terms of reference require the Commission to consult widely in the course of its work, including with the public and civic society and any other bodies or individuals it considers appropriate. In line with this requirement, the Commission has launched a consultation process via its website and is encouraging individuals and organisations to share their views on all issues relevant to the Commission’s terms of reference as an important input to the Commission’s report.

The Commission is to report by September 2018 and it may, in accordance with its terms of reference, bring forward immediate proposals and rolling recommendations for implementation that it considers are required to be addressed in the short-term and in advance of its final report.

For an update on the work of the Commission, I refer the Deputy to the press release issued by the Commission on 1 September, available on the Commission website www.policereform.ie, which sets out the approach being undertaken by the Commission in progressing work under its terms of reference.

Following the establishment of the Commission my Department engaged with the Chairperson and secretariat in relation to its budgetary needs and subsequently obtained sanction from the Department of Public Expenditure and Reform for the amount sought of €1.5m. This budget includes all cost components for the Commission including remuneration of the members, the costs of the secretariat, the conduct of an extensive consultation process as required by the terms of reference, and other operating costs considered necessary and appropriate for the Commission to fulfil its remit.

Garda Operations

Questions (314)

Seán Sherlock

Question:

314. Deputy Sean Sherlock asked the Minister for Justice and Equality the measures that have been taken to combat digital fraud on persons' mobile phones; and if he will compel communication providers to take a more active role in blocking these fraudulent phone numbers. [39234/17]

Written answers

Minister for Justice and Equality

I have requested a report from the Garda authorities in relation to these matters and I will contact the Deputy directly when the information is to hand.

Family Reunification Applications

Questions (315)

Bernard Durkan

Question:

315. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for family reunification in the case of a person (details supplied); and if he will make a statement on the matter. [39261/17]

Written answers

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for Family Reunification from the person referred to by the Deputy.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.

Prison Education Service

Questions (316)

Clare Daly

Question:

316. Deputy Clare Daly asked the Minister for Justice and Equality the number of prisoners actively following a course with a university (details supplied) at present in each institution; and if he will make a statement on the matter. [39276/17]

Written answers

Minister for Justice and Equality

I am advised by the Irish Prison Service that the number of people in custody actively following a course with a university at present in each institution are provided in following table.

-	2014/15	2015/16	2016/17
Arbour Hill	7	8	5
Castlerea	4	1	2
Cloverhill	0	0	0
Cork	2	3	1
Dochas	4	3	2
Limerick	3	3	2
Loughan House	8	12	5
Midlands	3	3	3
Mountjoy	5	3	5
Mountjoy West	0	4	4
Portlaoise	6	5	10
Shelton Abbey	2	0	1
Training Unit	4	1	1
Wheatfield	6	7	6
Total	54	53	47

Prison Service

Questions (317)

Clare Daly

Question:

317. Deputy Clare Daly asked the Minister for Justice and Equality the date on which a planned review of the Irish Prison Service's national incentivised regimes policy will be completed; the tendering process of this review; and if he will make a statement on the matter. [39277/17]

Written answers

Minister for Justice and Equality

I am advised by the Irish Prison Service that the Incentivised Regimes Policy was introduced on a phased basis across all prisons in 2012 and is now operational in all institutions. The Incentivised Regimes Policy, provides for differentiation of privileges between prisoners according to their level of engagement with services and quality of behaviour. The objective is to provide tangible incentives to prisoners to participate in structured activities and to reinforce good behaviour, leading to a safer and more secure environment.

There are three levels of privilege - basic, standard and enhanced, with different criteria and privileges associated with each level of regime. The list of privileges additional to core privileges varies between prisons, and within different areas of a prison, depending on the operational and infrastructure requirements of each prison. Experience in other jurisdictions has shown that a tiered incentivised regime structure is a hugely valuable addition to prisons in the context of maintaining good order, and in motivating prisoners to engage in constructive activities. Since the introduction of the Incentivised Regimes Programme, the Irish Prison Service has witnessed a considerable reduction in assaults in prisons. Incentivised Regimes is part of a multifaceted approach to improving outcomes for prisoners by promoting the benefits of active participation in their own rehabilitation and behavioural reform.

The Irish Prison Service is committed to working to ensure the continuing integrity of the Incentivised Regimes Policy and is currently finalising arrangements for the conducting of a review.

It is not intended to tender for an external review of the Incentivised Regimes Programme at this time. The Irish Prison Service in partnership with the Prison Officers’ Association are finalising terms of reference and a research plan to conduct a detailed review of practices and procedures in prisons to inform future development of the policy, supporting systems and staff training. It is intended to invite an independent academic research partner with a demonstrated background in criminal justice to participate in the steering group for this review.

Citizenship Applications

Questions (318, 319, 320)

Fiona O'Loughlin

Question:

318. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality if there is a public register of post-nuptial citizenship certificates; and if he will make a statement on the matter. [39293/17]

Fiona O'Loughlin

Question:

319. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality if the register for post-nuptial citizenship is available for public inspection; and if he will make a statement on the matter. [39294/17]

Fiona O'Loughlin

Question:

320. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the exact date that his Department started issuing post-nuptial certificates for citizenship; and if he will make a statement on the matter. [39295/17]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 318 to 320, inclusive, together.

The acquisition of Irish citizenship on marriage (post nuptial citizenship) was provided for under Section 8 of the Irish Nationality and Citizenship Act 1956. This provision was however repealed under the Irish Nationality and Citizenship Act 2001 with effect from 30 November 2002, but with the saver that the provision would continue to apply to a person being a non-national who, before 30 November 2002, marries a person who is, or who after the marriage becomes, an Irish citizen (otherwise than by naturalisation, post nuptial citizenship or as a token of honour) and who makes a declaration of post nuptial citizenship before 30 November 2005.

The 2001 Act also amended the 1956 Act by the inclusion of a new Section 15A which provided that the Minister may, in his absolute discretion, grant a certificate of naturalisation to a spouse of an Irish citizen providing certain statutory conditions, such as residency requirements, are met. This Section was further amended in 2011 to include civil partners of an Irish citizen.

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the exact date on which post nuptial certificates first issued is not available, nor is there a public register of post nuptial certificates issued.

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.