Tuesday, 5 Dec 2017

Written Answers Nos. 231-243

Irish Prison Service

Questions (231)

John McGuinness

Question:

231. Deputy John McGuinness asked the Minister for Justice and Equality further to Parliamentary Question No. 225 of 17 October 2017, the reason the person has not received payment for days (details supplied); the way in which the findings of the external review were addresses by the Irish Prison Service; and if he has satisfied himself with the decision of the Irish Prison Service protected disclosure recipient to refuse to address the additional matters. [51508/17]

Written answers

Minister for Justice and Equality

I am informed by the Irish Prison Service that it has instructed the Payroll Shared Service Centre to pay the relevant outstanding payroll monies due to the person in question. The payments relate to 3 days which are due to the Officer. Two days have been processed and I understand were due to be paid on 23 November.  An instruction to pay the third outstanding day has not yet been processed by the Payroll Shared Service Centre - this will be processed and paid to the Officer this month. I am informed that at the time of my response to question no 225 of 17 November, the Officer had been paid for all days for which the required paperwork had then been received. 

The Irish Prison Service Protected Disclosures policy and process is currently under review in conjunction with Transparency International Ireland under its Integrity at Work Scheme of which the IPS is a member.

In relation to the final part of your question, I am informed that it is not the case that the Prison Service Protected Disclosures recipient has refused to address additional matters. The Prison Service Protected Disclosures recipient communicated the additional matters to the Director General of the Prison Service noting the importance of ensuring that workers who make protected disclosures are not penalised in any manner. He also communicated to the individual that it would be appropriate to join the new matters/complaints with a number of existing claims being dealt with in the Workplace Relations Commission.

Asylum Applications

Questions (232)

Clare Daly

Question:

232. Deputy Clare Daly asked the Minister for Justice and Equality if consideration will be given to a request for a transfer to individual accommodation for a person (details supplied) on medical grounds. [51521/17]

Written answers

Minister for Justice and Equality

Persons seeking international protection in Ireland are offered accommodation by my Department in one of a number of accommodation centres under contract to the Department. 

Persons are normally only transferred from that accommodation centre for very specific reasons and where there is accommodation available in the centre to which they are seeking to be transferred.

In this particular instance the applicant has appealed, on medical grounds, the decision not to transfer him to alternative accommodation. Arrangements are being made to send this person's medical documentation to the Independent Medical Referee for his professional opinion as to whether such a transfer is medically required.

Family Reunification Policy

Questions (233)

Clare Daly

Question:

233. Deputy Clare Daly asked the Minister for Justice and Equality the way in which the more than 500 family reunification cases recently announced to be accepted will work with regard to the locations from which the cases were selected; the location in which they will reside; the entitlements they will receive in terms of work and social welfare; and the timeframe for same. [51523/17]

Written answers

Minister for Justice and Equality

On Tuesday 14th November, 2017, my colleague, the Minister for State with special responsibility for Equality, Immigration and Integration, David Stanton T.D., and I, announced a new family reunification scheme in support of refugees and their families as part of the Government’s commitments under the Irish Refugee Protection Programme. 

I will operate this humanitarian admission programme under my Ministerial discretionary powers and it will be in addition to the family reunification provision provided for in the International Protection Act 2015.

The scheme will focus on immediate family members from current conflict zones.  The detailed workings of the scheme are currently being developed by officials in my Department in consultation with UNHCR and other stakeholders.  While the details of the system are currently being developed, I do not wish to speculate on those details.  It is envisaged, however, that those who arrive to Ireland under the Family Reunification Humanitarian Admission Programme (FRHAP) will have similar entitlements to beneficiaries of the provisions of family reunification provided for in the International Protection Act 2015.

Additional details on the operation of the programme will be announced on the websites of the Department of Justice and Equality (www.justice.ie) and the Irish Naturalisation and Immigration Service (www.inis.gov.ie ) in the coming period.

Wards of Court

Questions (234)

Eamon Scanlon

Question:

234. Deputy Eamon Scanlon asked the Minister for Justice and Equality if funding for an office (details supplied) will be increased; and if he will make a statement on the matter. [51541/17]

Written answers

Minister for Justice and Equality

As the Deputy will be 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 General Solicitor's Office and the Wards of Court Office are offices attached to the High Court, accountable to the President of the High Court in the discharge of their legal functions as regards wards of court, with the Courts Service responsible for the management and administration of both Offices. The main funding commitment and resource in both offices are the staff assigned by the Courts Service and currently there are 20.1 whole time equivalent staff assigned to the Wards of Court Office, while the General Solicitor's Office has 14.4 whole time equivalent staff.

I am advised by the Courts Service that both offices were assigned additional staff since 2016 to assist with the increasing number of cases and that, as with all Court offices, staffing assigned is kept under review to ensure that caseloads are effectively managed.

As the Deputy may be aware, the legislation governing persons who are wards of court dates back to 1871 and it has been recognised for some time that reforms were needed to update the law in this area. Therefore the Assisted Decision-Making (Capacity) Act 2015 has been introduced to provide a modern statutory framework to support decision-making by adults with capacity difficulties. 

Part 6 of the 2015 Act provides that adults currently in wardship will transition to the new decision-making support arrangements provided for in the Act on a phased basis over 3 years from the commencement of Part 6 of the Act. Once Part 6 is operational, each ward will be reviewed by the wardship court in accordance with the new system. A ward who is found to have capacity will be discharged from wardship. A ward who continues to have capacity needs will be discharged from wardship and offered the decision-making support option most appropriate to his or her needs.

Naturalisation Eligibility

Questions (235)

Richard Boyd Barrett

Question:

235. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if there are restrictions on a person naturalised through marriage who subsequently divorces and naturalises another person through a second marriage; and if he will make a statement on the matter. [51544/17]

Written answers

Minister for Justice and Equality

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended.  All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.  A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.      

Section 15 of the Act provides that the Minister may, at his or her absolute discretion, grant an application for a certificate of naturalisation if satisfied that certain statutory conditions are fulfilled.  The conditions are that the applicant must:

- be of full age, or a minor born in the State,

- be of good character,

- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a further total residence in the State amounting to four years,

- intend in good faith to continue to reside in the State after naturalisation, and

- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—

(i)  made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and

(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

Section 15A provides that, notwithstanding the above, where the application is based on being the spouse or civil partner of an Irish citizen the requirements are, inter alia, that the couple are married or civil partners to each other for a period of at least 3 years and are living together and, immediately before the date of application, have a period of one year's continuous residence in the island of Ireland and, during the preceding four years, have a further period amounting to 2 years (i.e. 3 years in total).  Section 15A(2) provides that the Minister may, in his absolute discretion waive some of the conditions in relation to an application from a spouse or civil partner of an Irish citizen if he is satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship. 

There are no restrictions on any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956, as amended. 

Needless to say, an application for naturalisation which is based on or supported by false or misleading information or concealment of material facts is an offence under the Act and may result in the application being refused or, where a certificate of naturalisation has been granted, the revocation of that certificate.

Detailed information on Irish citizenship and naturalisation is available on the INIS website at ww.inis.gov.ie.  The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.

Visa Applications

Questions (236)

Bernard Durkan

Question:

236. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an application for a visa will be reviewed and processed as appropriate in the case of a person (details supplied); the next steps in this application; and if he will make a statement on the matter. [51545/17]

Written answers

Minister for Justice and Equality

I refer to my reply to Parliamentary Question No. 591 of 11 September 2017, I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to was received in the Dublin Visa Office on 21 August 2017.

While every effort 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 for the Visa Office 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), it is not possible at this time to give a definitive date as to when this application will be finalised. However, I can advise that the Dublin Visa Office is currently processing such visa applications received in Dublin on, or before, 17 May 2017. Any additional documentation which the applicant may wish the Visa Officer to consider can be submitted to the Dublin Visa Office.

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 [e-mail].

Closed-Circuit Television Systems Provision

Questions (237)

Noel Grealish

Question:

237. Deputy Noel Grealish asked the Minister for Justice and Equality further to Parliamentary Question No. 264 of 21 November 2017, the steps being taken to have CCTV cameras erected on motorways in an effort to counter the activities of roaming criminal gangs preying on vulnerable persons and businesses in rural areas aside from the community based CCTV grant aid scheme which would not be relevant in these instances; and if he will make a statement on the matter. [51550/17]

Written answers

Minister for Justice and Equality

The Deputy will be aware that the commitment in the Programme for a Partnership Government is to support investment in CCTV systems at key locations along the road network and in urban centres. This commitment is being met by the  Community CCTV grant-aid scheme launched in April 2017.

The intention is to support local communities who wish to install CCTV systems in their localities, including access roads to their areas.

Under the Scheme, which is being administered by my Department, eligible community groups can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum grant of €40,000. Upon approval of the grant, the applicant will receive an up-front payment of 50% of the grant with the balance to be paid when the system is fully operational.

Full details of the grant aid package including guidelines, application forms, code of practice and other relevant documentation are all available to download from my Department's website - www.justice.ie.

The Scheme is intended to supplement the existing network of CCTV Systems in operation in the State. For example, there are some 35 Garda CCTV schemes in operation throughout the State comprising some 523 cameras.  There are also some 45 Community-based CCTV schemes, established under the previous grant-aid scheme funded by my Department between 2005 and 2013, in operation encompassing some 367 cameras to which An Garda Síochána have access.  

The Deputy will be aware that, under the Garda Safety Camera Contract, GoSafe will provide an annual minimum of 90,000 hours of monitoring and surveying vehicle speed across 1,031 designated safety camera zones.

In addition, Automatic Number Plate Recognition (ANPR) technology is fitted in a number of official Garda vehicles which are allocated around the country and used on a daily basis to assist in the prevention and detection of crime, particularly on our roads network. The Garda Síochána Modernisation and Renewal Programme 2016 – 2021 has identified a number of areas for expansion of ANPR including:

- increasing the number of ANPR units deployed;

- the addition of more ‘watch-lists’ in order to remove a greater number of dangerous drivers and defective vehicles from the roads;

- examining the introduction of fixed ANPR sites at strategic locations across the roads network, in addition to using portable ANPR units while patrolling; and

- working with the National Roads Authority, Port Authorities, Local Authorities and private car park operators in order to access data from their ANPR systems, as well as CCTV systems operating on the motorway network.

The Deputy will also be aware that the Programme for a Partnership Government recognises that Gardaí must have the modern technology and resources necessary to detect and investigate crimes, and to prevent loss and harm to citizens and their property on a 24/7 basis. Accordingly, the Garda Modernisation and Renewal Programme 2016 to 2021 sets out a series of initiatives which will enable An Garda Síochána deploy the latest cutting edge technologies in the fight against crime.

In support of this plan, some €330 million, including €205 million under the Government's Capital Plan, is being invested in Garda ICT infrastructure between 2016 and 2021 to enable An Garda Síochána to utilise these technologies in delivering professional policing and security services for the community. 

In parallel with this, a new Garda ICT Strategy document is being developed that will align with the vision of the organisation to be a beacon of 21st century policing. It is expected that this ICT strategy will be finalised in Q1 2018 and will cover the period 2018-2021.

But it is not only in the area of technology that steps are being taken to ensure better policing of our roads network. The 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.

The Garda Commissioner has committed in the Policing Plan for 2017 to increase incrementally the number of personnel dedicated to traffic duties by 10% to support better outcomes in relation to road traffic enforcement and crime prevention.

In this regard the Commissioner has confirmed that a review of the roads policing has been completed and a new role and job description for additional personnel for Road Policing Units has been developed. I am advised that a competition is currently in train to fill these positions.

An Garda Síochána’s Modernisation and Renewal Programme (2016-2021) also sets out key strategic objectives for road policing which will inform and guide An Garda Síochána's road policing plans over the next 5 years. Under the Programme, the Commissioner will undertake a number of road safety traffic enforcement initiatives, including expanding the use of technology and increasing checkpoints.

Immigration Controls

Questions (238)

Darragh O'Brien

Question:

238. Deputy Darragh O'Brien asked the Minister for Justice and Equality if further immigration control officers will be recruited due to the ongoing shortage at Dublin Airport; the number of immigration control officers to date who have been hired in the second phase of recruitment in June 2017; and if he will make a statement on the matter. [51556/17]

Written answers

Minister for Justice and Equality

As the Deputy may be aware the Irish Naturalisation and Immigration Service assumed responsibility for immigration management in Terminal 2 on 2nd October 2017 and is now responsible for all frontline immigration controls in Dublin airport.

There are currently 134 officers assigned to immigration control duties at Dublin airport (119 immigration control officers and 15 immigration control supervisors).

My Department is committed to ensuring that sufficient numbers of staff are assigned to Dublin airport so that immigration controls are operated in an effective and efficient manner. This is reflected in the appointment of over 80 officers in 2017 alone, of which the most recent group of 16 officers commenced employment on 6 November 2017. The appointment of these officers has ensured that sufficient resources are in place to operate immigration controls throughout Dublin airport, including Terminal 2.

I would also like to highlight that Automatic Border Control 'e-Gates' have recently been introduced at Dublin Airport. Five gates have been put into operation at each terminal in this initial phase and this will increase to 10 at each terminal in the coming weeks.

Tribunals of Inquiry

Questions (239)

Alan Kelly

Question:

239. Deputy Alan Kelly asked the Minister for Justice and Equality the reason his Department did not provide full disclosure of all relevant documentation and emails to the disclosures tribunal; if he is satisfied that all such documentation and knowledge of other communications such as phone calls and private emails has now been provided; if an inquiry into the reason the tribunal disclosure order was not complied with will be set up in view of the fact that it was a legal requirement. [51601/17]

Written answers

Minister for Justice and Equality

Discovery orders were issued by the Tribunal to my Department in February, April and September.  These orders were complied with fully and the relevant documents were forwarded to the Tribunal in February, May and September 2017.

The discovery orders concerned records of the O’Higgins Commission of Investigation, documents related to two cases which had been considered by the Independent Review Mechanism, a copy of a representation to the then Minister which referenced Sergeant McCabe, a report of a GSOC investigation into a complaint that a Garda investigation of an alleged serious assault was not properly carried out and records related to the allegation of contacts between the Gardaí and TUSLA in relation to Garda Keith Harrison.

The Department has also made voluntary disclosure of other matters including three protected disclosures, reports from the Garda Commissioner under section 41 of the Garda Síochána Act and, most recently, the two email threads that were uncovered following a trawl of documents in the Department.  In acknowledging receipt of the emails, the Tribunal made reference to my Department's already extensive discovery which has allowed the Tribunal to place the current documents in context.

I am assured that in the event of further documents being located that may be of relevance to the Tribunal's work that these will of course be furnished to the Tribunal and I would point out that, as the Deputy will be aware, the Taoiseach has announced that there will be an external examination of the way in which my Department fulfilled its obligations in relation to discovering documents to the Tribunal, to conclude before Christmas. That is a step I welcome.

I can assure the Deputy that any further Discovery Orders to be made by the Tribunal will also be complied with in full and the Tribunal has been assured of my full and ongoing support in that regard.

Independent Review Mechanism

Questions (240)

Catherine Murphy

Question:

240. Deputy Catherine Murphy asked the Minister for Justice and Equality if a full opinion from counsel, in addition to the ministerial letter, will be issued to the 320 persons who had complaints regarding Garda failures in view of the independent review mechanism; and if he will make a statement on the matter. [51606/17]

Written answers

Minister for Justice and Equality

The Deputy is referring to the 320 cases which were considered by the Independent Review Mechanism (IRM).

The reports provided by counsel and containing their recommendations to the Minister in each case constitute legal advice and they are, accordingly, subject to legal professional privilege.  Issues of public policy arise here and I do not believe that it would be appropriate that I should waive that privilege in this instance.  I can say, however, that in compliance with a discovery order made by the Disclosures Tribunal, my Department did provide the full reports in relation to those cases covered by the order.

As the Deputy will be aware, the IRM is the process which was set up by the Government in May 2014 to consider allegations of Garda misconduct or deficiencies in the way that Gardaí had carried out investigations. 

A panel consisting of 2 Senior Counsel and 5 Junior Counsel was established for the purpose.  All were selected on the basis of their knowledge of the criminal justice system.  Recommendations were received in all 320 complaints referred to the panel and my predecessor accepted all of the recommendations.  The process of issuing decision letters to the complainants largely concluded in February 2016.

While the report and recommendations from counsel were not provided to complainants, my predecessor sought to ensure that the letters which issued to complainants informing them of the outcome of the review of their particular complaints should not only set out the recommendation of counsel but also outline, in so far as possible, the reasons for that recommendation, subject to any legal constraints there may be. To that end she appointed a retired judge, Mr Justice Roderick Murphy, to advise on the preparation of the letters which issued and independently vouch for the fact that the summaries of counsel’s conclusions and the reasoning behind them, as was outlined in the letters, were a fair reflection of counsel's advice.

Garda Recruitment

Questions (241, 242)

Anne Rabbitte

Question:

241. Deputy Anne Rabbitte asked the Minister for Justice and Equality when the process will begin for selecting and appointing a Garda inspector to Gort Garda station as part of the Loughrea district Garda division; and if he will make a statement on the matter. [51684/17]

Anne Rabbitte

Question:

242. Deputy Anne Rabbitte asked the Minister for Justice and Equality the timeframe for the extra allocation of personnel for the Galway division of An Garda Síochána; and if he will make a statement on the matter. [51685/17]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 241 and 242 together.

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 Garda strength of the Galway Division on 31 October 2017, the latest date for which figures are available, was 579.  The strength of the Gort Garda Station on 31 October 2017 was 28, 3 of whom are Sergeants. There are also 31 Garda Reserves and 49 Garda civilian staff attached to the Galway 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 Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.

As the Deputy will be aware 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 achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.

I am 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, 15 of whom have been assigned to the Galway Division. I look forward to attending the attestation of another 200 trainee Garda on Friday which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - a net increase of 500 since the end of 2016.

I am also pleased to say that Budget 2018 maintains 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. This will see Garda numbers reach the 14,000 mark by the end of 2018.

In addition a further 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 Galway Division, in the coming years.

The filling of vacancies in the supervisory ranks of Sergeant and Inspector is a matter for the 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 Division including the Galway Division will be considered by the Commissioner when assigning successful candidates from these competitions.

Garda Retirements

Questions (243)

Seán Fleming

Question:

243. Deputy Sean Fleming asked the Minister for Justice and Equality if superannuation deductions are payable in respect of serving members of An Garda Síochána who have completed the maximum years of service; and if he will make a statement on the matter. [51776/17]

Written answers

Minister for Justice and Equality

The terms and conditions of the Garda Superannuation Schemes are set out in the Garda Síochána Pension Orders 1925 to 1981 and agreements under the Garda Síochána Conciliation and Arbitration Scheme.

Membership of An Garda Síochána superannuation schemes is confined to serving attested members of An Garda Síochána. Membership of the main pension scheme is compulsory for all members attested to the organisation and membership commences from date of attestation. The scheme is a contributory one. Periodic deductions are made from pensionable remuneration during pensionable service with the organisation until the date of discharge.  

Superannuation deductions are, accordingly, payable in respect of serving members of An Garda Síochána who have completed the maximum years of service.