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Tuesday, 24 Oct 2017

Written Answers Nos. 172-184

Iraqi Conflict

Questions (172)

Darragh O'Brien

Question:

172. Deputy Darragh O'Brien asked the Minister for Foreign Affairs and Trade the actions being taken at national, EU and international level to protect the Yazidi people in northern Iraq; the supports that are being given to the Iraqi Government to help it safeguard the Yazidis; and if he will make a statement on the matter. [45048/17]

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Written answers

I am appalled by the violence which Daesh have inflicted in Iraq and Syria, and the tragic suffering which their extremist and violent actions have brought on innocent people, including the Yazidi community. Ireland has consistently called for inclusive, democratic solutions to the conflicts in the Middle East and North Africa region. In the Iraqi context, we have emphasised that the security effort must be accompanied by the implementation of the programme for national reconciliation set out by Prime Minister Abadi in late 2014 to avoid further sectarian divisions. The June EU Foreign Affairs Council conclusions on Iraq reiterated the EU’s firm and active commitment to the preservation of the multi-ethnic, multi-religious and multi-confessional nature of Iraqi society, including the protection of its minority groups, and called for an inclusive process of reconciliation both at the national and at the local level. Ireland fully supports these conclusions.

Since 2015, €350 million has been dedicated by the EU to provide emergency assistance in response to the humanitarian consequences of the current conflict in Iraq.

Since 2012, Ireland has provided over €8.36 million in bilateral humanitarian assistance to Iraq and has also deployed four members of its Rapid Response Corps to Iraq to provide surge capacity to UN organisations working to respond to the humanitarian crisis.

Ireland strongly condemns all forms of persecution on the basis of religion or belief, irrespective of where they occur or who the victims are. We attach great importance to combatting all forms of discrimination based on religion or belief and incitement to religious hatred. We firmly believe in tolerance, non-discrimination, freedom of expression, freedom of thought, conscience, religion or belief.

Ireland consistently raises the issues of racism and intolerance and advocates for inclusive societies at the UN Human Rights Council, during the Council’s Universal Periodic Review of the human rights records of UN Member States, as well as at the Council of Europe and the OSCE. The promotion of inclusive societies where the human rights of all individuals are respected is a core objective of our engagement on issues such as the promotion of freedom of expression and freedom of religion or belief.

I would like to put on record my absolute and unreserved condemnation of the brutal atrocities committed against the Yazidis and other religious minorities in Iraq by terrorist groups including Daesh.

Courts Service

Questions (173)

Sean Fleming

Question:

173. Deputy Sean Fleming asked the Minister for Justice and Equality if he will address a matter (details supplied); and if he will make a statement on the matter. [44650/17]

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Written answers

As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that it appreciates that the railings are an important part of Carlow’s architectural heritage and that it is committed to their full restoration.  The Courts Service has been advised that the restoration is a complex task requiring specialist conservation and iron-working expertise. The Courts Service does not have this expertise itself and is reliant on OPW resources to undertake and manage the task.

The Courts Service has advised that a great deal of technical investigations and analysis has been carried out on the railings by the OPW in order to determine how best to restore the railings and that the actual restoration work will be undertaken in stages. The Courts Service has approved funding for the first phase of the restoration works which will see 10 of the 66 bays or sections of the railings fully restored. A procurement process in respect of the restoration of the initial 10 bays or sections will be undertaken by the OPW and it is anticipated that the procurement will begin before the end of year with the actual restoration work to begin during the first quarter of 2018. This initial work will inform how future phases will be undertaken.

Paternity Leave

Questions (174)

Tom Neville

Question:

174. Deputy Tom Neville asked the Minister for Justice and Equality his views on a matter (details supplied) in relation to paternity leave; and if he will make a statement on the matter. [44851/17]

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Written answers

As the Deputy is aware, the Paternity Leave and Benefit Act 2016 created an entitlement to two weeks of paternity leave and benefit, to commence not earlier than the date of confinement and no later than 26 weeks from that date. The entitlement is created in Section 6 of the Act in relation to “an employee who is a relevant parent.” The criteria in relation to “relevant parent” are set out in Section 2 of the Act as follows:

“Relevant Parent”, in relation to a child, means a person (other than the mother of the child) who is—

(a) in the case of a child who is, or is to be, adopted—

(i) where the child is, or is to be, adopted jointly by a married couple of the same sex, the spouse chosen by that couple to be the relevant parent for the purposes of this Act, or

(ii) in any other case, the spouse, civil partner or cohabitant, as the case may be, of the adopting mother or sole male adopter of the child,

or

(b) in any other case—

(i) the father of the child,

(ii) the spouse, civil partner or cohabitant, as the case may be, of the mother of the child, or

(iii) a parent of the child under section 5 of the Children and Family Relationships Act 2015 where the child is a donor-conceived child within the meaning of Part 2 of that Act;

The Deputy’s questions presume a link between guardianship and paternity leave. However, there is no connection between the two processes. The entitlement to paternity leave and benefit arises from qualification as a “relevant parent” as defined under the Act, and does not depend on whether or not that parent is also a guardian of the child.

Garda Training

Questions (175, 188)

Alan Farrell

Question:

175. Deputy Alan Farrell asked the Minister for Justice and Equality his views on the possibility of involving Tusla in aspects of Garda training to ensure An Garda Síochána is best prepared for the challenges posed by issues relating to child safety, child protection and cyber security; and if he will make a statement on the matter. [44978/17]

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Alan Farrell

Question:

188. Deputy Alan Farrell asked the Minister for Justice and Equality if he will engage with the Minister for Children and Youth Affairs with a view to enhancing training for gardaí with particular reference to child safety, child protection and cyber security by involving Tusla in the training programme; and if he will make a statement on the matter. [44977/17]

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Written answers

I propose to take Questions Nos. 175 and 188 together.

I wish to inform the Deputy that I have sought a Garda report on these matters, and I will contact him directly when this report is available.

A referred reply was forwarded to the Deputy under Standing Order 42A.

Wards of Court

Questions (176)

Clare Daly

Question:

176. Deputy Clare Daly asked the Minister for Justice and Equality the process regarding the way in which four judges are appointed to the Courts Service investment committee; the level of expertise in investments of large sums of money that they are required to have; if they are paid for their position on the committee; and if so, the nature of such remuneration. [44556/17]

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Written answers

As the Deputy is aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998. 

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the governance arrangements for the oversight of court funds were put in place following a comprehensive external review in 2001 carried out by Mercer Investment Consultants. One of its the recommendations concerned the establishment of an Investment Committee and it was recommended that this Committee should be representative of fiduciaries and their delegated agents.

There are three judges on the Investment Committee, the President of the High Court who chairs the Committee, and two other judges, one from the Circuit Court and one from the District Court, each nominated by the respective President of that jurisdiction. The inclusion of the judiciary on the Investment Committee is based on their fiduciary role and the fact that all court funds are ultimately under the control of the courts and the judiciary.

The investment expertise is provided by independent investment consultants, who are contracted to work with and support the Committee in all its oversight and decision making functions.

The Courts Service has also informed me that the judges receive no remuneration for their role on the Investment Committee.

Wards of Court

Questions (177)

Clare Daly

Question:

177. Deputy Clare Daly asked the Minister for Justice and Equality his plans regarding the deficit in terms of transparency and accountability with the wards of court system and in particular regarding access of the committee of the wards person to the deliberations of the committee of a ward's estate. [44557/17]

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Written answers

As the Deputy is aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that when a person is taken into wardship, the President of the High Court appoints a Committee, usually one person, and that Committee has an important role in relation to the ward's personal welfare and property. In approximately 75% of all cases the ward’s Committee is a family member or a trusted friend. However, if no suitable or willing relative or friend is available, or if there is a conflict of interest between the ward and the person who would otherwise have been appointed, the President of the High Court can appoint the General Solicitor for Minors and Wards of Court to act as the Committee.

In a small number of cases a family member is the Committee of the Person only and his or her role is limited to matters of welfare of the ward. That Committee is involved in all aspects of the welfare of the ward and heretofore was given no financial information on the ward's funds in court. However, it is now the position that a Committee of the Person is entitled to seek a summary of the overall amount of funds in court.

The Committee of the Estate is involved in the management of the ward's assets and in matters relating to the ward's income and expenditure needs. If a family member wishes to have more involvement in, and knowledge of, the property and affairs of a ward it is open to that family member to apply to be appointed as a Committee of the Estate of the ward by writing to the Office of the General Solicitor.

Immigration Policy

Questions (178, 179)

Clare Daly

Question:

178. Deputy Clare Daly asked the Minister for Justice and Equality if there is regulation of immigration consultants; and if his attention has been drawn to such persons operating here and promising ready access and influence to the decision making process. [44559/17]

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Clare Daly

Question:

179. Deputy Clare Daly asked the Minister for Justice and Equality if there are restrictions on former Garda National Immigration Bureau, GNIB, officers setting themselves up as immigration consultants. [44560/17]

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Written answers

I propose to take Questions Nos. 178 and 179 together.

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it has no role in the regulation of immigration consultants in what is a private arrangement between an applicant and any person they wish to engage to advise them. I understand that a significant number of such consultants operate outside of the jurisdiction. Accordingly, the policy of INIS is that it only deals with the applicant or their legal representative who has written authority to act on the applicant's behalf. INIS does, of course, receive applications or representations made by immigration consultants on behalf of applicants, but treats them as if they had been received directly from the applicant and accordingly corresponds directly with the applicant concerned and in accordance with the Data Protection Act 2003.

I am not aware of any restrictions on retired members of An Garda Síochána acting as immigration consultants.

Citizenship Ceremonies

Questions (180)

Clare Daly

Question:

180. Deputy Clare Daly asked the Minister for Justice and Equality if he will reconvene the citizenship ceremonies which were due to take place on 16 October 2017 but were cancelled due to Storm Ophelia in view of the fact that the delay in this ceremony is preventing many new citizens from gaining an Irish passport. [44561/17]

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Written answers

The citizenship ceremony scheduled for Monday 16 October was postponed on public safety grounds due to the national status red warning due to ex-hurricane Ophelia. The ceremony has now been rescheduled for Monday 27 November 2017 and a notice of the date and additional information was placed on the Department's website on Thursday last 19th October. The Irish Naturalisation and Immigration Service (INIS) of my Department is also currently making direct contact with the individual applicants.

The organisation of a citizen ceremony day involving over 3,000 applicants, together with their family and friends, is a significant logistical exercise usually taking a number of months to organise. Every effort has been made to ensure that the date for the new ceremony day has been settled as early as possible.

Courts Service

Questions (181)

John Brady

Question:

181. Deputy John Brady asked the Minister for Justice and Equality the stage at which refurbishment plans are at for Wicklow courthouse; and if he will make a statement on the matter. [44625/17]

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Written answers

As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that, as part of its provincial capital building programme, one of the objectives is to extend and refurbish the courthouse in Wicklow town to provide a significantly larger 4 courtroom venue together with a range of facilities for staff, the judiciary, persons in custody, jurors, legal professionals, other state agencies and members of the public.

The Courts Service has indicated that while detailed planning or design work has not yet commenced, it has purchased a number of adjacent properties, some of which will be demolished in order to create a larger site capable of accommodating a courthouse building on the scale envisaged. The Courts Service is, at present, considering bringing forward some of these demolition works.

Wicklow town is one of a number of provincial city/county town venues nationwide still requiring new or upgraded courthouse accommodation and collectively these venues will be the next priority for investment in courthouse facilities outside the capital.

Law Reform Commission Reports

Questions (182)

Donnchadh Ó Laoghaire

Question:

182. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the action taken regarding multi-party actions on foot of the Law Reform Commission Report, LRC 76-2005. [44626/17]

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Written answers

The issue of multi-party litigation was the subject of a Report and recommendations by the Law Reform Commission in 2005 (LRC 76-2005) as raised by the Deputy. The Report was not carried forward by the Government of the day. The implementation of the Report at this remove, and the introduction of any legislation to enable the type of collective legal action envisaged, would require a detailed consideration of the merits and impacts in the public interest, including in terms of the sustainability of a collective action regime and its potential costs to the parties concerned and to the Exchequer. The areas of law involved include consumer protection, competition, the environment and the provision of financial and other services. Consideration would also have to be given to the relevant intervening developments that have taken place at the national, European Union and wider international levels. While not part of the current Legislation Programme, therefore, this remains a complex area of legislative reform that will require renewed and thorough consideration. As such, I will continue to bear it in mind for discussion and possible action in the general context of any upcoming reforms in the civil justice area.

Garda Strength

Questions (183)

Maurice Quinlivan

Question:

183. Deputy Maurice Quinlivan asked the Minister for Justice and Equality the number of Garda in the Henry Street district and the Roxboro Road district of Limerick in each of the years 2006 to 2016 and to date in 2017, in tabular form. [44662/17]

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Written answers

As 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.

The Districts referred to form part of the Limerick Division and I am informed by the Commissioner that on the 31 August the latest date for which figures are readily available the strength of the Limerick Division was 553. There are also  31 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 that since the reopening of the Garda College in September 2014, close to 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. In addition, another 200 trainee Garda are scheduled to attest later 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 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. The substantial increase in Garda numbers is tangible progress on achieving this Government’s vision of an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians.

I am pleased to say that Budget 2018 will support the continuation of this high level of investment in the Garda workforce and ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. A further 800 new Garda Recruits will enter the Garda College, an additional 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training early in 2018.

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.  

For the Deputy's information I have set out below, as provided by the Commissioner, the number of Gardaí allocated to the Henry Street and Roxboro Road Garda Districts from 2006 to 2016 and as of 31 August 2017, the latest date for which figures are readily available.

STRENGTH  OF HENRY  STREET AND ROXBORO ROAD GARDA  DISTRICTS 2006-2017

 

Garda Stations

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

2017*

ROXBORO ROAD

112

134

139

141

140

148

137

134

129

124

125

128

HENRY STREET

285

330

358

363

376

363

341

329

314

311

317

307

*As of 31 August 2017

Garda Vetting

Questions (184)

Niamh Smyth

Question:

184. Deputy Niamh Smyth asked the Minister for Justice and Equality if a matter (details supplied) will be expedited; and if he will make a statement on the matter. [44852/17]

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Written answers

As the Deputy will appreciate, the processing of vetting applications by the Garda National Vetting Bureau is an operational matter for the Garda Authorities and is carried out in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016 and other relevant law. My Department has no role in the processing of individual vetting applications.

I am informed by the Garda Authorities that a vetting application was received by the National Vetting Bureau from a registered organisation in respect of the first person referred to by the Deputy on 18 October 2017. The application is currently being processed and will be returned to the liaison person in the registered organisation upon completion.

I am further informed by the Garda Authorities that a vetting application was received by the National Vetting Bureau from a registered organisation in respect of the second person referred to by the Deputy on 13 October 2017. This application was processed and returned to the liaison person in the registered organisation on 20 October 2017. It will be necessary for the applicant to contact the registered organisation concerned to ascertain the current position.

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