Written Answers Nos. 524-547
524. Deputy Martin Kenny asked the Minister for Justice and Equality the annual costs incurred by the Exchequer in processing Garda vetting applications for each year to date since the process of Garda vetting was established. [46327/17]
View answerIn the time available it has not been possible to compile the detailed information sought.
I have sought the information which the Deputy requests from Garda Authorities and I will communicate directly with the Deputy when it is to hand.
A referred reply was forwarded to the Deputy under Standing Order 42A.
525. Deputy David Cullinane asked the Minister for Justice and Equality the contracts his Department or bodies under the aegis of his Department have with a company (details supplied) or its subsidiaries; the value of the contracts; the year in which the contracts were concluded; when the contracts will be up for renewal; and if he will make a statement on the matter. [46377/17]
View answerThe information sought by the Deputy is currently being collated and verified and a full response on the matter will be provided directly to the Deputy in due course.
526. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when a decision will be reached in respect of de facto partner immigration permission in the case of a person (details supplied); and if he will make a statement on the matter. [46410/17]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned submitted an application for De Facto Partner Permission which was received in this office on 18 July 2017. The applicant was issued with an acknowledgement letter from this office on 19 July 2017.
Applications are dealt with in strict chronological order and can take up to six months to be processed. We are currently processing applications that were received in June 2017.
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.
527. Deputy Catherine Martin asked the Minister for Justice and Equality further to Question No. 152 of 17 February 2017, the status of the new Garda youth diversion project service delivery model which has been introduced in County Kerry; if the evaluation has been undertaken; if it will give rise to similar models being introduced in other counties; and if he will make a statement on the matter. [46446/17]
View answerThe new Garda Youth Diversion Project (GYDP) service delivery model was introduced in County Kerry in 2015. This new pilot approach, known as the Kerry Realignment Project, was an initiative of Kerry Diocesan Youth Services, in conjunction with the Kerry Division of An Garda Síochána. The transition from a delivery model involving six separate projects to a county-based model, is intended to support the more effective use of GYDP resources, and to reach more young people than under the previous model.
I am advised that an independent evaluator has been engaged to examine the new approach and that the evaluation process is currently ongoing. The experience and learning from the pilot project will inform the future development of GYDP services in Kerry. I expect that the evaluation, when completed, will also be of assistance to the Irish Youth Justice Service (IYJS) in relation to the development of GYDP services generally.
In conclusion, I am advised that the IYJS continue to keep the operation of GYDPs under review, in consultation with the Garda authorities.
528. Deputy Barry Cowen asked the Minister for Justice and Equality the number and value of investments made in the area of social and affordable housing by investors under the immigration investor programme since 2012; and his views on whether the doubling of the applications threshold from €500,000 to €1 million in 2017 will deprive the State of investment in social housing projects run by AHBs. [46454/17]
View answerI have been advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the Immigrant Investor Programme (IIP) was introduced in April 2012 to encourage inward investment to create business and employment opportunities in the State. Investment in social housing projects under the IIP only became a significant feature of the scheme from mid-2016. Some €71.0m has now been approved in respect of Social Housing projects with applications valued at an additional €9.0m under consideration. There has been no reduction in the number of applications received in the Social Housing area since the required investment in an enterprise project was restored to its original amount of €1.0 million from December 2016, If anything, interest is gaining strength.
The IIP continues to be monitored by my officials to ensure that the programme encourages inward investment to create business and employment opportunities in the State and provide insights that might inform the future direction and management of the programme.
529. Deputy Pearse Doherty asked the Minister for Justice and Equality the names of the special advisers employed in his Department; the names of special advisers to Ministers of State in his Department; the annual salary of each adviser; if these persons were special advisers immediately prior to taking up their current role or immediately prior to the June 2017 Cabinet reshuffle; if so, the Minister to whom they were appointed; the date each special adviser was appointed with effect as stated in the Government order; the date of the Government order; if they received a salary for the period before the appointment order was signed in the case of special advisers whose appointment order date has an effective date earlier than the order date; if so, by whom they were paid; if a special adviser during a period later backdated by appointment order had access to confidential material and-or Cabinet papers; if they were subject to the Official Secrets Act 1963 during this period; if any persons currently employed as special advisers have not yet been appointed by order since the Cabinet reshuffle of 2017; and if he will make a statement on the matter. [46472/17]
View answerThe information requested by the Deputy in relation to special advisors employed in my Department is as follows.
Ms Sarah Kavanagh and Mr Tom Fabozzi are the special advisors to the Minister of Justice and Equality. Both advisors are remunerated on the Principal Officer standard pay scale (PPC) in line with guidelines on the appointment of Ministerial advisors. Ms Kavanagh and Mr Fabozzi held positions as special advisors to Minister Flanagan in the Department of Foreign Affairs and Trade immediately prior to the cabinet reshuffle of 14 June 2017.
Ms. Kavanagh and Mr. Fabozzi were appointed special advisors to the Minister of Justice and Equality with effect from 15 June 2017 and this was confirmed under the official seal of government dated 11 July 2017. Ms Kavanagh and Mr Fabozzi have been discharging full duties since their appointment. They have been remunerated for duties undertaken and have been subject to the Official Secrets Act 1963 since their appointment.
There are no special advisors appointed to Ministers of State in the Department of Justice and Equality.
530. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the number of gardaí stationed at each town in County Kildare; and if he will make a statement on the matter. [46495/17]
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.
I am informed by the Commissioner that the Garda strength of the Kildare Division on 30 September 2017, the latest date for which figures are readily available, was 341. There are also 20 Garda Reserves and 29 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, 72 of whom have been assigned to the Kildare 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.
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 Kildare Division, in the coming years.
I am informed by the Garda authorities, who are responsible for the detailed allocation of Gardaí to individual areas, that the Garda Divisional, District and Sub-District boundaries do not correlate to county and town boundaries and, as such, it is not possible to supply the information sought by the Deputy in the format requested. However, for the Deputy's information I have set out in the following table, as provided by the Commissioner, the number of Gardaí allocated to the Kildare Division and associated Districts and Stations as of 30 September 2017, the latest date for which figures are readily available.
STRENGTH OF THE KILDARE DIVISION 30 SEPTEMBER 2017
|
DISTRICT |
STATION |
TOTAL |
|
KILDARE |
ATHY |
31 |
|
|
CASTLEDERMOT |
4 |
|
|
KILDARE |
34 |
|
|
MONASTEREVIN |
5 |
|
|
NEWBRIDGE |
46 |
|
|
RATHANGAN |
3 |
|
|
TOTAL |
123 |
|
LEIXLIP |
CARBURY |
7 |
|
|
CELBRIDGE |
9 |
|
|
KILCOCK |
10 |
|
|
LEIXLIP |
60 |
|
|
MAYNOOTH |
12 |
|
|
TOTAL |
98 |
|
NAAS |
CLANE |
7 |
|
|
KILCULLEN |
2 |
|
|
NAAS |
109 |
|
|
ROBERTSTOWN |
2 |
|
|
TOTAL |
120 |
|
KILDARE TOTAL |
|
341 |
531. Deputy Colm Brophy asked the Minister for Justice and Equality the implementation schedule for the Assisted Decision-Making (Capacity) Act 2015; when the Act will be fully implemented; and if he will make a statement on the matter. [46559/17]
View answerThe Assisted Decision-Making (Capacity) Act 2015 (“2015 Act”) provides a modern statutory framework to support decision-making by adults with decision-making capacity difficulties. The 2015 Act provides for the setting up of the Decision Support Service within the Mental Health Commission to support decision-making by and for adults with capacity difficulties.
New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health), must be put in place before the substantive provisions of the Act can be commenced. A high-level Steering Group comprised of senior officials from the Department of Justice and Equality, the Department of Health, the Mental Health Commission and the Courts Service, together with the Director of the Decision Support Service, is overseeing the establishment and commissioning of the Decision Support Service and this work is on-going.
The key preparations are being put in place under the oversight of the Steering Group to allow for commencement orders for the provisions of the 2015 Act to be made when the Decision Support Service is ready to roll out the new decision-making support options.
The 2018 Budget provides for an allocation of €3 million in the Justice and Equality Vote for the establishment of the Decision Support Service.
The Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016), brought some provisions of Part 1 (Preliminary and General) and Part 9 (Director of the Decision Support Service) of the Act into operation on 17 October 2016. These provisions were brought into operation in order to progress the setting up of the Decision Support Service and to enable the process of recruitment of the Director of the Decision Support Service to begin.
Ms Áine Flynn was appointed Director of the Decision Support Service on 2 October 2017.
The commencement of Part 8 of the Act, which provides for a legislative framework for advance healthcare directives, is a matter for the Minister for Health.
It is not possible at the moment to provide an exact time line for the full implementation of the 2015 Act, not least because the newly appointed Director, with the assistance of a project manager who is expected to be in place shortly, will need to scope out the time line for the implementation of the Act.
532. Deputy Martin Heydon asked the Minister for Justice and Equality the status of the ratification of the United Nations Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [46615/17]
View answerIreland 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.
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.
534. Deputy Niamh Smyth asked the Minister for Justice and Equality if supervisory ranks at a station (details supplied) will be filled; the positions vacant at present; when they are likely to be filled; and if he will make a statement on the matter. [46651/17]
View answerAs the Deputy will be aware, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Districts and I, as Minister, have no direct role in the matter. I am assured by the Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.
The Garda Station referred to forms part of the Cavan/Monaghan Division. I am informed by the Commissioner that on the 30 September 2017 the latest date for which figures are readily available the strength of the Cavan/Monaghan Division was 321. I am further informed that the strength of the Garda Station in question was 43 including 1 Superintendent, 1 Inspector and 6 Sergeants. There are also 12 Garda Reserves and 38 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.
The filling of vacancies in the supervisory ranks of Sergeant and Inspector is a matter for the Garda Commissioner who has responsibility under the Garda Síochána (Promotion) Regulations 2006 (as amended) for holding competitions for the selection of members for promotion to these ranks.
I am advised by the Commissioner that competitions for promotion to the ranks of Sergeant and Inspector are currently in train and that the requirements of each Garda Division including the Cavan/ Monaghan Division will be considered by the Commissioner when assigning successful candidates from these competitions.
535. Deputy Gerry Adams asked the Minister for Justice and Equality the timeframe for ratification of the Istanbul Convention; and if he will make a statement on the matter. [46662/17]
View answerI and my Government colleagues are totally committed to tackling violence against women and domestic violence.
The Programme for Government commits to full implementation of the Istanbul Convention. This Convention is a significant legal instrument in tackling violence against women and domestic violence. Many of the actions required by provisions in the Istanbul Convention are being implemented on a daily basis under current legislation and administrative practice. The actions necessary to ratify the Istanbul Convention are contained in the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021, published in January, 2016.
A number of actions are completed. Of the outstanding actions, six are administrative including public sector training/education by a range of State agencies, the development of a Risk Assessment Matrix by An Garda Síochána, commissioning of a national helpline service to respond to issues of domestic and sexual violence, and support for child witnesses. Work on implementing these actions is progressing on schedule to be implemented by the end of 2017.
The remaining actions are legislative and require delivery of three pieces of legislation:
i) The Victims Bill (which delivers one action) passed through both Houses of the Oireachtas on 26 October . This important legislation transposes Directive 2012/29/EU of the European Parliament and Council of 25 October 2012 establishing minimum standards for rights, supports and protection of victims of crime. Arrangements are in train for signature and commencement of the legislation.
ii) The Domestic Violence Bill which was published on 3 February 2017 and is at Committee Stage in the Seanad. It is hoped that this Bill will be enacted before the end of the year. The enactment of this legislation is key to advancing the ratification of the Istanbul Convention as its enactment will deliver four of the actions required under the Istanbul Convention.
iii) The one remaining legislative action is the enactment of legislation for extraterritorial jurisdiction. Work on this action is under way.
When the required actions are implemented, Ireland will be in a position to ratify the Convention. The intended timeframe for this is Q1 2018, This timeframe is dependent on the delivery of the legislative actions outlined.
536. Deputy Alan Kelly asked the Minister for Justice and Equality the extent of consultation that a person (details supplied) had with his Department prior to giving instructions to their legal team representing them at the O’Higgins commission. [46678/17]
View answer537. Deputy Alan Kelly asked the Minister for Justice and Equality the extent of meetings and communications that a person (details supplied) had with his Department prior to them giving instructions to their legal team representing them at the O’Higgins commission; the dates and times of meetings; the communication type; and the attendance and agendas. [46679/17]
View answer538. Deputy Alan Kelly asked the Minister for Justice and Equality if persons in An Garda Síochána made a complaint to his Department regarding the manner in which a person (details supplied) gave instructions to their legal team representing them at the O’Higgins commission; and if so, the way in which this is being dealt with by his department. [46680/17]
View answer539. Deputy Alan Kelly asked the Minister for Justice and Equality the contact, meetings, correspondence a person (details supplied) or their senior officials had with another person (details supplied) or their senior staff or advisers prior to them giving instructions to the legal team representing them at the O’Higgins commission; and the dates and times of meetings, communications type, attendance and agendas. [46681/17]
View answerI propose to take Questions Nos. 536 to 539, inclusive, together.
As the Deputy will be aware, some aspects of the O'Higgins Commission of Investigation form part of the remit of the Disclosures Tribunal and therefore I am limited in what I can say.
However, it would of course have been entirely inappropriate for anyone to have sought to interfere in any way with the work of the Commission of Investigation. The Deputy will appreciate that it was solely a matter for the parties to the Commission to decide what legal approach to take to the work of the Commission, taking into account the legal advice available to them.
In the circumstances, the Department would have had no role in determining the approach to be taken by the Garda Commissioner to the Commission in question.
Accordingly, there was no question of the Department seeking to interfere in any way with, or to have any say in determining, that approach by the Garda Commissioner.
540. Deputy Peter Burke asked the Minister for Justice and Equality the position regarding a person's request (details supplied); and if he will make a statement on the matter. [46706/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the matters raised are currently under review with a view to providing the correct advice to the person concerned. It is expected that a response will be issued in the coming days. The delay to date is regretted.
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.
541. Deputy Catherine Connolly asked the Minister for Justice and Equality if seaweed harvesters who have been cutting seaweed on a set area of State-owned foreshore and-or taking dislodged seaweed cast up on a particular stretch of seashore can register their traditional rights under the Land and Conveyancing Law Reform Act 2009; the other options available to register their traditional right; and if he will make a statement on the matter. [46716/17]
View answerThe position is that general matters relating to State-owned foreshore are set out in the Foreshore Acts 1933 to 2011. The Acts contain provisions dealing with leases and licences of foreshore, as well as the removal of beach material, including seaweed. Foreshore functions under these Acts were transferred to the Minister for Housing, Planning and Local Government under section 1 of the 2011 Act.
Part 8 of the Land and Conveyancing Law Reform Act 2009 contains provisions concerning the ownership of appurtenant rights, i.e. easements, such as rights of way, and profits-à-prendre, such as the right to cut timber or turf on land owned by another person. The Deputy will appreciate, however, that I am not in a position to state whether the cutting of seaweed or the collection of dislodged seaweed in a particular place constitutes a profit-à-prendrefor the purposes of Part 8 of the 2009 Act.
Section 35 of the 2009 Act, as amended, provides that an easement or profit-à-prendre may be acquired at law on registration of a court order or where the Property Registration Authority is, following application by the person claiming entitlement to the easement of profit-à-prendre concerned, satisfied that there is such an entitlement. A Practice Direction entitled "Appurtenant Rights" is available on the Authority's web site (www.prai.ie).
542. Deputy Gerry Adams asked the Minister for Justice and Equality the number of court orders issued in County Louth for repossession of homes as a result of mortgage distress in each of the years 2011 to 2016 and to date in 2017; the number of these homes that were subsequently repossessed for these years; and if he will make a statement on the matter. [46729/17]
View answerI wish to inform the Deputy that it has not been possible to provide the information requested in the time available. The information will be forwarded to the Deputy as soon as it is to hand.
543. Deputy Sean Fleming asked the Minister for Justice and Equality the number of statutory instruments in respect of global valuations that have been issued; the reference numbers of such statutory instruments that have been issued in each year over the past five years; and if he will make a statement on the matter. [46736/17]
View answerThe statutory process governing the “global” valuation of public utility undertakings is set out in section 53 of the Valuation Act 2001, as amended by the Valuation (Amendment) Act 2015. I am advised by the Commissioner of Valuation that a total of 51 statutory instruments in respect of global valuations have been put in place since the enactment of the Valuation Act 2001. These can be grouped into two categories. The first category relates to orders which initiate the valuation of a public utility undertaking under sections 53 (1) and 53(6) of the Act. The second category relates to orders under section 53(8) which prescribe the manner in which the net annual value of a public utility undertaking determined in a global valuation is to be apportioned amongst the relevant rating authorities and the adjustments to be applied in accordance with section 58(1) of the Act.
The titles and reference numbers of the statutory instruments in respect of global valuations issued over the past five years is contained in the table below.
|
Statutory Instrument Number |
Title |
|
460/2012 |
Valuation Act 2001 (Global Valuation) (Apportionment) (Hutchinson 3G Ireland Limited, trading as 3) Order 2012 |
|
593/2014 |
Valuation Act 2001 (Global Valuation) (Apportionment) (Eirgrid) Order 2014 |
|
594/2014 |
Valuation Act 2001 (Global Valuation) (Apportionment) (Electricity Supply Board) Order 2014 |
|
487/2015 |
Valuation Act 2001 (Global Valuation) (Apportionment) (BT Ireland) Order 2015 |
|
488/2015 |
Valuation Act 2001 (Global Valuation) (Apportionment) (Eircom) Order 2015 |
|
490/2015 |
Valuation Act 2001 (Global Valuation) (Apportionment) (Three Ireland) Order 2015 |
|
491/2015 |
Valuation Act 2001 (Global Valuation) (Apportionment) (Iarnród Éireann) Order 2015 |
|
492/2015 |
Valuation Act 2001 (Global Valuation) (Apportionment) (Meteor Mobile Communications Limited) Order 2015 |
|
493/2015 |
Valuation Act 2001 (Global Valuation) (Apportionment) (Vodafone Ireland) Order 2015 |
|
498/2015 |
Valuation Act 2001 (Global Valuation) (Apportionment) (Gas Networks Ireland) Order 2015 |
|
494/2016 |
Valuation Act 2001 (Global Valuation) (Apportionment) (Virgin Media Ireland Limited) Order 2016 |
|
495/2016 |
Valuation Act 2001 (Global Valuation) (Apportionment) (RTE Transmission Network Limited) Order 2016 |
544. Deputy Darragh O'Brien asked the Minister for Justice and Equality the position regarding the re-opening of Rush Garda station which was announced by the Government a number of months ago; and if he will make a statement on the matter. [46761/17]
View answerThe Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána, including the opening and closing of Garda stations.
As the Deputy will be aware, the Programme for a Partnership Government commits to 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 in this regard, which analysed population and crime trends and the availability of stations for possible reuse. The report contained a recommendation that the former Stepaside station in Co. Dublin be reopened on a pilot basis and indicated that, subject to further analysis, the Commissioner is likely to recommend in the final report the inclusion of the former stations at Leighlinbridge, Co. Carlow and Donard, Co. Wicklow in the pilot scheme. If a second station is to be reopened in Dublin, the Report indicates that the Commissioner is likely, subject to further analysis, to recommend that the former station at Rush, Co. Dublin be included in the pilot scheme.
I am informed that work is ongoing in An Garda Síochána to finalise the report and I understand that it is expected to be received shortly, at which point it will be brought to Government.
545. Deputy Niamh Smyth asked the Minister for Justice and Equality the residency status in the case of a person (details supplied); and if he will make a statement on the matter. [46782/17]
View answerThe position remains as outlined in response to the Deputy's Parliamentary Question No. 114 of 11 October 2017.
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy, who currently has permission to reside in the State until 18 March 2018, is ongoing and will be submitted to me for decision as expeditiously as possible.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most straightforward cases are generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
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.
546. Deputy Niamh Smyth asked the Minister for Justice and Equality the residency status in the case of a person (details supplied); and if he will make a statement on the matter. [46825/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy made an application to INIS, at the beginning of May 2017, for permission to remain in the State following a change of status.
I am informed that a decision letter issued to the applicant on 9 August 2017 by registered post to the address provided at the time of application. The letter was returned to INIS marked undelivered on 23 August 2017. Numerous efforts have been made to contact the person concerned at the contact numbers provided but these have been unsuccessful.
The person concerned should be advised to notify INIS, in writing, of any change of address or contact details and the decision letter will then be reissued.
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.
547. Deputy Mattie McGrath asked the Minister for Justice and Equality the number of judges appointed to the Court of Appeal; his views on whether this is sufficient; the status of the case backlog in the Court of Appeal; and if he will make a statement on the matter. [46845/17]
View answerThe Court of Appeal comprises the President of the Court of Appeal and nine ordinary judges.
Following the establishment of the Court of Appeal on 28 October 2014 the waiting times for appeals has reduced significantly and the waiting times as at June 2017 were as follows:
(a) Civil Appeals
- fast tracked short appeals (requiring less than 2 hours) - 12 months subject to the case being included in the "short cases" list and with the possibility of an earlier date, and
- other appeals (requiring more than 2 hours) - the waiting time for these appeals is 18 months (compared with up to 48 months for non-priority cases to be heard in the Supreme Court before the establishment of the Court of Appeal).
Urgent appeals such as Hague Convention/child abduction and refugee asylum cases continue to be accommodated having regard to the degree of urgency demonstrated. Also civil appeals which have a custody and/or criminal element are now case-managed in the Criminal Courts of Justice by the panel of 4 judges assigned to deal with the criminal appeal list thus ensuring the degree of priority necessary for hearing of such appeals. As a result waiting times for these cases are as follows:
- Article 40/habeas corpus appeals and bail appeals are usually heard in one month or less,
- European Arrest Warrant cases and Judicial Review cases are heard within the current legal term provided the necessary papers are in order.
(b) Criminal Appeals
Criminal Appeals have a waiting time of 6 months. This is significantly better than the 18 month waiting time in the Court of Criminal Appeal prior to the establishment of the Court of Appeal. Hearing dates can now be allocated during the subsequent legal term to the majority of cases included in the List to Fix Dates (held once a term). An occasional case which requires a full day or in excess of a day, or a case where for various reasons a date during a specific week/month is requested by the parties and which the court simply cannot accommodate due to the availability of court time, will be allocated a date during the subsequent term.
Criminal appeals (and civil appeals for hearing in the Criminal Courts of Justice) are actively managed on a weekly basis by the Judge assigned to management of the criminal lists to ensure cases are dealt with as efficiently as possible and delays in moving cases to the List to Fix Dates due to procedural issues arising are kept to a minimum. Applications for priority may be made at the weekly management list.
The matter of resources in the Court of Appeal, taking into account its current workload including the substantial inherited backlog and bearing in mind resources across the courts, is currently being examined.
