Written Answers Nos. 208-224
208. Deputy Michael McGrath asked the Minister for Justice and Equality the progress being made on the implementation of the recommendations of the working group on the protection process, including direct provision and supports to asylum seekers; and his plans to bring an end to direct provision. [40255/17]
View answerThe Report of the Working Group to Report to Government on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers, also known as the Justice McMahon report, was published in June 2015. Its recommendations have implications for a number of Government Departments and services.
My Department has since published three progress reports on the implementation of its 173 recommendations; the first in June 2016, the second in February of this year and a third and final report in July of this year. All three reports are available to view on my Department's website www.justice.ie.
The final progress report shows that 133 recommendations have been reported as fully implemented and a further 36 are in progress or partially implemented. This represents a 98% full or partial implementation.
The Direct Provision system was established in 2000 when the then health boards, which were responsible for homeless people, found themselves unable to cope with a large number of individuals who were claiming asylum in Ireland. Direct Provision is the system whereby State services are delivered directly to protection applicants through the relevant Government Department or Agency. In the case of my Department, full board accommodation is offered to applicants while their application for international protection is being processed. Not every person who seeks international protection in Ireland chooses to accept the offer of full board accommodation and of course many chose to live with colleagues, family or friends in communities across the country, as they are entitled to do.
If the system was simply disbanded, already vulnerable people who we are responsible for protecting would join the lengthy waiting lists for social housing or enter the private rental market with little hope of finding affordable and secure accommodation in the context of the current housing crisis. The Direct Provision system is a guarantee that every person who presents to the International Protection Office will have immediate access to a bed, food, a shower and medical care. They will not have to spend the night on the streets or to look for emergency housing. While I have heard many calls to end the system I have yet to hear a credible alternative being proposed in its place.
Of course no system is without room for improvement and Minister Stanton and I are working with the Department officials to continually enhance and develop the entire system so that the best possible set of facilities and services can be provided to those in our care. This includes the ongoing implementation of the relevant recommendations in the Justice McMahon Report and the commitment in the Programme for a Partnership Government to reforming the system, with particular focus on families and children.
209. Deputy Clare Daly asked the Minister for Justice and Equality if his attention has been drawn to reports in the media that An Garda Síochána is considering the purchase of drones; his views on such a purchase; and if he will make a statement on the matter. [40282/17]
View answerAs the Deputy will appreciate, decisions in relation to the provision and allocation of Garda resources are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.
I have been informed by the Garda authorities that An Garda Síochána does not currently have any plans to purchase drones.
210. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the steps being taken by An Garda Síochána to bring an immediate end to joyriding and associated criminal and anti-social behaviour over the past three months in a district (details supplied). [40286/17]
View answerI am, of course, conscious of the impact which anti-social behaviour, including anti-social driving have on the quality of life for residents in local communities.
The Programme for Government underlines the need for close engagement between An Garda Síochána and local communities as part of the strong community policing ethos which has long been central to policing in this jurisdiction. The Deputy will appreciate that the specific allocation of personnel and other resources is a matter for the Garda Commissioner, but I am assured that the Garda National Model of Community Policing continues to play a key part in responding to crime by taking into account and responding to local conditions and needs. This commitment is also very evident in An Garda Síochána's Modernisation and Renewal Programme, under which new Community Policing Teams are to be introduced in each Garda District.
Local policing measures to address the type of issues referred to by the Deputy will undoubtedly benefit from the resources now coming on stream through the Garda recruitment programme, and in particular the Government's commitment to increase Garda numbers to 15,000 so that the Commissioner has the capacity to address the needs of communities throughout the country and into the future.
I hope you will appreciate that the policing response to such crimes, including the deployment of Garda resources at local level, is a matter for the Garda authorities in the first instance. I am advised that Garda management carefully monitors the incidence of such crime and that Garda resources are deployed in response to changing crime trends. This may include directing resources at areas designated as “hot-spots” for anti-social behaviour.
An Garda Síochána continues to tackle public disorder and anti-social behaviour by working with communities to reduce this type of behaviour and enhance community safety. The Garda approach includes a strong focus on quality of life issues and collaboration with local authorities to help address the causes of anti-social behaviour. The Deputy will appreciate that I do not have a role in relation to Garda policing strategies in any particular local area but have brought Deputy's specific concerns to the attention of the Garda authorities.
I am advised that Garda authorities conduct ongoing strategic local enforcement operations targeting anti-social driving. These enforcement operations are intelligence-led, targeting areas in particular where young drivers congregate. Regular Garda mobile patrols and checkpoints are also conducted in these areas and social media and websites are monitored to assist in establishing where events are taking place and to implement the necessary operational Garda response. Such operations have resulted in young drivers being prosecuted or for driving without a learner permit, driving unaccompanied while on a learner permit and driving a vehicle with prohibited modifications. Where breaches of road traffic legislation are detected, the Garda authorities make full use of the fixed charge notice, penalty point system, court prosecutions and Juvenile Diversion Programme where appropriate.
Anyone affected by the matters referred to should, of course, contact their local Garda station. Alternatively, information can be provided to An Garda Síochána by way of the Garda confidential line, 1800 666 111, which is a monitored freephone line that allows members of the public to contact An Garda Síochána with information of a confidential nature. Alternatively, members of the public can call Crimestoppers on 1800 25 00 25 to report such matters.
As you are aware, all members of An Garda Síochána are tasked with the enforcement of relevant legislation, including the Road Traffic Acts and persons found engaging in dangerous driving are dealt with in accordance with the law. Specific operations are also conducted targeting anti-social driving behaviour based on analysis of the incidence and location of such behaviour. Garda management closely monitor all patrols and other road traffic strategies in place, with a view to meeting the policing needs of communities, including to address speeding and anti-social driving, and with a view to reducing the number of fatal and serious injuries on our roads.
I might add that there is a range of strong legislative provisions available to an An Garda Síochána to combat anti-social behaviour, including provisions under the Criminal Justice (Public Order) Acts, the Criminal Damage Act and the Intoxicating Liquor Acts. There are also the incremental provisions contained in the Criminal Justice Act 2006 which provide for warnings and civil proceedings in relation to anti-social behaviour by adults and Part 13 of the Act which provide for warnings, good behaviour contracts and civil proceedings in relation to anti-social behaviour by children.
211. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of members of the PSNI and An Garda Síochána who have served in the other policing service on this island under the secondment provisions of the Garda Síochána Act 2005 and the Police (Northern Ireland) Acts of 2000 and 2003. [40287/17]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter.
The Inter-Governmental Agreement on Police Co-operation obliged both Governments to introduce the necessary administrative and legislative measures to provide for exchanges, secondments and appointments between the Garda Síochána and the PSNI. The Garda Síochána Act 2005 gives effect to this obligations
In the case of secondments it provides for the secondment from the PSNI to certain ranks in An Garda Síochána for a period not exceeding 3 years. Protocols are in place between the Garda Commissioner and the Chief Constable of the PSNI which provide for the implementation of a programme of personnel exchanges and secondments between the two police services.
I have requested a report from the Commissioner in relation to the specific information requested and will revert to the Deputy when it is to hand.
A referred reply was forwarded to the Deputy under Standing Order 42A.
212. Deputy Jan O'Sullivan asked the Minister for Justice and Equality the progress that has been made in the implementation of the active mobility project in An Garda Síochána; and if he will make a statement on the matter. [40307/17]
View answerAs the Deputy will appreciate, decisions in relation to the provision and allocation of Garda equipment and resources are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.
The Deputy will be aware that the extensive programme of reform currently underway in the context of the Garda Commissioner’s Modernisation and Renewal Programme 2016-2021.
I am informed by the Garda authorities that the ACTIVE Mobility programme, to be delivered over the next 3 to 5 years, will result in frontline Gardaí having more connectivity to back office systems harnessing the power of mobile technology.
I understand from Garda authorities that an initial pilot of the programme will take place in the Limerick Division commencing in Q4 2017.
213. Deputy Jan O'Sullivan asked the Minister for Justice and Equality if there will be an appropriate allocation of probationary gardaí to the Limerick division in the next round of allocations in view of demands on the force in policing urban and rural crime; and if he will make a statement on the matter. [40308/17]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who 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.
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 to 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.
This plan is progressing apace. This year, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Funding has also been provided for the recruitment of 300 Garda Reserves.
I am informed by the Commissioner that the Garda strength of the Limerick Division, on 31 July 2017, the latest date for which figures are readily available, was 552. There are also 32 Garda Reserves and 49 civilians attached to the 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.
I am further informed by the Commissioner, since the reopening of the Garda College in September 2014, that almost 1,400 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 39 of whom have been assigned to the Limerick Division including 5 from the most recent attestation on 22 September. I am also informed that another 200 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 needed to deploy increasing numbers of Gardaí across every Garda Division, including the Limerick Division in the coming years.
In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Garda Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and class-room based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.
214. Deputy Shane Cassells asked the Minister for Justice and Equality if reforms have been introduced to the prison system arising from recommendations of the prison visiting committees over the past ten years; and if so, the nature of the reforms. [40343/17]
View answerA feature of the Irish Prison Service (IPS) is consistent and on-going reform. This process is instructed and informed by many sources: principally from the IPS itself and the Minister for Justice and Equality but also, for example, from recommendations contained in reports of the Inspector of Prisons, the Council of Europe Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), various UN Committees and, of course, reports of the Visiting Committees attached to individual prisons. Many of these recommendations overlap or have a common theme.
Over the past number of years the IPS has made many changes in programmes, policies, regimes and infrastructure to improve the lives of prisoners and thereby to create a safer community. Many of these improvements were suggested by the entities referenced above, including Visiting Committees.
These improvements include, inter alia:
- A reduction in the numbers of prisoners in custody to the point where overcrowding is all but eliminated in the prison system;
- A capital programme to enhance the quality of accommodation and which has almost eliminated the practise of 'slopping out';
- An Incentivised Regimes Policy which encourages prisoners to engage with the services available and provides tangible evidence of the benefit of such engagement;
- The ending of detention of juveniles in the adult prison system.
- The introduction of Integrated Sentence Management;
- The expansion of drug treatment programmes;
- The significant reduction of the number of prisoners on solitary confinement;
- The introduction of fines legislation which will, over time, eliminate the need for persons convicted of a fines offence to be sent to prison in all but the most serious of cases;
- The introduction of a Community Return Programme and a Community Support Scheme which greatly improved the sentence management of suitable prisoners;
- The current engagement with the Office of the Ombudsman to establish a comprehensive Prisoner Complaints system;
- The introduction of a Families Imprisonment Group which encourages and supports greater family contact to assist those serving a sentence.
In recent years the Prison Service has published two Strategic Plans. The first plan, from 2012 - 2015, focused on 6 key strategic actions, namely Prisoner Numbers, Prison Progression, Prisoner Programmes, Management and Staffing, the Prison Estate and Legislation consolidation. The current Prison Service strategic plan 2016-2018 focuses on 4 key strategies, namely Staff Support, Prisoner Support, Victim Support and Enhancing Organisational Capacity. The progress made over the lifetime of these strategies is published on a yearly basis in the Irish Prison Service Annual Report.
These Strategic Plans as well as the Annual Reports are published on the Irish Prison Service's website www.irishprisons.ie.
215. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for a visa by a person (details supplied); and if he will make a statement on the matter. [40362/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the particular application referred to was submitted to the Visa Office in Abu Dhabi on 20 April 2017, and is one made under the terms of 2004/38/EC Directive (Free Movement) on the rights of citizens of the Union and their family members to move and reside freely within the territory of Member States.
While every effort generally is made to process these applications as soon as possible, processing times will vary having regard to the volume of applications, their complexity, the possible need to investigate, enquire into, or seek further information in relation to certain applications, and the resources available. Unfortunately, due to the large number of applications waiting to be processed and the fact that such applications are processed in chronological order (i.e. based on date order of receipt), I cannot at this time give a definitive date as to when this application will be finalised.
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.
In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).
216. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the correct procedure to be followed to obtain a new GNIB card in the case of a person (details supplied); and if he will make a statement on the matter. [40476/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted a residence permission and a right to work based on their parentage of an Irish citizen child until 5 October 2017. It is open to the person concerned to contact their local registration office for a further renewal period, two weeks in advance of this date. As the person concerned lives in the Dublin metropolitan region, they must present at the Burgh Quay Registration Office, 13/14 Burgh Quay, Dublin 2. Attendance is by appointment only. Appointments can be made via the INIS website. To make an appointment go to https://burghquayregistrationoffice.inis.gov.ie/.
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.
217. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application pursuant to section 3(6) of the Immigration Act 1999 (as amended) in the case of persons (details supplied); and if he will make a statement on the matter. [40477/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned have submitted written representations.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
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.
218. Deputy John Lahart asked the Minister for Justice and Equality the number of homicides in each of the years 2010 to 2016, inclusive, and to date in 2017, in tabular form; and if he will make a statement on the matter. [40501/17]
View answerI have requested a report from the Garda authorities in relation to this matter and I will contact the Deputy again when this report is to hand. The Deputy will wish to note that, as previously reported, the recording of homicide statistics on PULSE is currently under review by An Garda Síochána.
219. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the case of a person (details supplied) has been examined with a view to ensuring the availability of suitable accommodation in view of the person's medical history; and if he will make a statement on the matter. [40587/17]
View answerIf an application for international protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications.
When accommodation is being offered to an applicant for international protection, the particular needs of that applicant are taken into consideration when that offer of accommodation is being made. It is of course the case that it may not always be possible to address all of those needs.
If an applicant for International Protection is availing of accommodation in the Direct Provision system and is not satisfied with that accommodation, the procedures for raising complaints are set out clearly on the website of the Reception and Integration Agency (www.ria.gov.ie) and in the RIA House Rules. Applicants living in Direct Provision also have access to the Offices of the Ombudsman and the Ombudsman for Children.
220. Deputy Eoin Ó Broin asked the Minister for Justice and Equality his plans to undertake a comprehensive fire safety audit of all high-risk buildings, including Garda stations, which fall under the remit of his Department. [40601/17]
View answerThe majority of properties occupied by my Department and its agencies are owned or leased on its behalf by the Office of Public Works (OPW). This would include garda stations occupied by An Garda Síochána. The OPW has confirmed that it is undertaking a review of properties under its management in relation to fire safety and compliance.
For properties owned or leased directly by the Department or its agencies, the Department is working with the relevant property holding bodies to verify fire safety compliance across the sector.
221. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of extension of residency status in the case of a person (details supplied); the documentation outstanding; and if he will make a statement on the matter. [40617/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the records indicate that the person referred to by the Deputy has no legal status in the State since 08 February 2008. The Residency Division has no record of a request being received from this individual to regularise the situation. The person should be advised to write to Unit 2, Residence Division, INIS, Burgh Quay, Dublin 2, supplying a full copy of their passport and full details outlining their current circumstances.
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.
222. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans for a further sergeant to be appointed to the community policing unit at Coolock Garda station, Dublin 5; and if he will make a statement on the matter. [40631/17]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda units and Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I am informed by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. Furthermore, when allocations are taking place comprehensive consultation is carried out with local management during which all factors are taken into consideration. Where a deficiency in resources is identified the matter is considered fully and addressed accordingly. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
223. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [40641/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the Residence Division is currently in correspondence with the legal representative of the person mentioned.
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.
224. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected position in respect of residency status in the case of a person (details supplied); and if he will make a statement on the matter. [40645/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
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.
