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Tuesday, 5 Dec 2017

Written Answers Nos. 244-259

Garda Deployment

Questions (244)

Anne Rabbitte

Question:

244. Deputy Anne Rabbitte asked the Minister for Justice and Equality the number of gardaí in each Garda station in County Galway as of 1 November 2017; the number of community gardaí in the division; and the number of Garda Reserve and new recruits assigned to the division since recruitment resumed in 2014. [51647/17]

View answer

Written answers

I should say at the outset that the distribution of Garda personnel is exclusively the statutory responsibility of the Garda Commissioner.

Notwithstanding the Commissioner's responsibility for the distribution of Gardaí, I have provided for the record a breakdown, in tabular form, of the detailed information requested by the Deputy as of 31 October 2017, the latest date for which information is readily available.

The Garda strength of the Galway Division on 31 October 2017 was 579 of whom 15 are Community Gardaí. There are also 31 Garda Reserves and 49 Garda civilian staff 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 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 graduation 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 that Budget 2018 maintains this high level of investment in the Garda workforce and ensures 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.

STRENGTH OF THE GALWAY DIVISION 31 OCTOBER 2017

DISTRICT

DISTRICT

DISTRICT

BALLINASLOE

AHASCRAGH

1

BALLINASLOE

43

BALLYGAR

1

CREGGS

1

MOUNT BELLEW

7

MOYLOUGH

1

TOTAL

54

CLIFDEN

AN MÁM

2

CARNA

1

CLIFDEN

32

CLOCH NA RÓN

1

LETTERFRACK

1

SRAITH SALACH

1

TOTAL

38

GALWAY

ATHENRY

5

GAILLIMH

217

LOUGH GEORGE

2

MONIVEA

1

ÓRÁN MÓR

40

TOTAL

265

LOUGHREA

CRAUGHWELL

4

EYRECOURT

1

GORT

28

KILLIMOR

1

KILRICKLE

1

KINVARA

2

LOUGHREA

35

PORTUMNA

7

WOODFORD

1

TOTAL

80

SALTHILL

AN CHEATHRÚ RUA

5

AN SPIDÉAL

2

CILL RÓNÁIN

4

INDREABHÁN

1

LEITIR MÓIR

1

MAIGH CUILINN

1

SALTHILL

57

UACHTARARD

3

TOTAL

74

TUAM

BARNADERG

1

DUNMORE

5

GLENAMADDY

1

HEADFORD

3

MILLTOWN

1

TUAM

56

WILLIAMSTOWN

1

TOTAL

68

GALWAY TOTAL

579

Garda Deployment

Questions (245)

Anne Rabbitte

Question:

245. Deputy Anne Rabbitte asked the Minister for Justice and Equality the number of gardaí in each Garda station in Galway as of 1 November 2017; the number of community gardaí in the division; and the number of Garda Reserve and new recruits assigned to the division since recruitment resumed in 2014. [51648/17]

View answer

Written answers

I should say at the outset that the distribution of Garda personnel is exclusively the statutory responsibility of the Garda Commissioner.

Notwithstanding the Commissioner's responsibility for the distribution of Gardaí, I have provided for the record a breakdown, in tabular form, of the detailed information requested by the Deputy as of 31 October 2017, the latest date for which information is readily available.

The Garda strength of the Galway Division on 31 October 2017 was 579 of whom 15 are Community Gardaí. There are also 31 Garda Reserves and 49 Garda civilian staff 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 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 graduation 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 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.

STRENGTH OF THE GALWAY DIVISION 31 OCTOBER 2017

DISTRICT

DISTRICT

DISTRICT

BALLINASLOE

AHASCRAGH

1

BALLINASLOE

43

BALLYGAR

1

CREGGS

1

MOUNT BELLEW

7

MOYLOUGH

1

TOTAL

54

CLIFDEN

AN MÁM

2

CARNA

1

CLIFDEN

32

CLOCH NA RÓN

1

LETTERFRACK

1

SRAITH SALACH

1

TOTAL

38

GALWAY

ATHENRY

5

GAILLIMH

217

LOUGH GEORGE

2

MONIVEA

1

ÓRÁN MÓR

40

TOTAL

265

LOUGHREA

CRAUGHWELL

4

EYRECOURT

1

GORT

28

KILLIMOR

1

KILRICKLE

1

KINVARA

2

LOUGHREA

35

PORTUMNA

7

WOODFORD

1

TOTAL

80

SALTHILL

AN CHEATHRÚ RUA

5

AN SPIDÉAL

2

CILL RÓNÁIN

4

INDREABHÁN

1

LEITIR MÓIR

1

MAIGH CUILINN

1

SALTHILL

57

UACHTARARD

3

TOTAL

74

TUAM

BARNADERG

1

DUNMORE

5

GLENAMADDY

1

HEADFORD

3

MILLTOWN

1

TUAM

56

WILLIAMSTOWN

1

TOTAL

68

GALWAY TOTAL

579

Garda Deployment

Questions (246)

Mary Butler

Question:

246. Deputy Mary Butler asked the Minister for Justice and Equality the number of gardaí in each Garda station in County Waterford as of 1 November 2017; the number of community gardaí in the division; and the number of Garda Reserve and new recruits assigned to the division since recruitment resumed in 2014. [51635/17]

View answer

Written answers

I should say at the outset that the distribution of Garda personnel is exclusively the statutory responsibility of the Garda Commissioner.

Notwithstanding the Commissioner's responsibility for the distribution of Gardaí, I have provided for the record a breakdown, in tabular form, of the detailed information requested by the Deputy as of 31 October 2017, the latest date for which information is readily available.

The Garda strength of the Waterford Division on 31 October 2017 was 292, of whom 35 are Community Gardaí. There are also 19 Garda Reserves and 30 Garda civilian staff 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 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, 49 of whom have been assigned to the Waterford Division. I look forward to attending the graduation 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 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 Waterford Division, in the coming years.

STRENGTH OF THE WATERFORD DIVISION 31 OCTOBER 2017

DISTRICT

DISTRICT

DISTRICT

DUNGARVAN             

AGLISH              

1

ARDMORE             

1

BALLYDUFF           

1

BALLYMACARBERRY     

1

CAPPOQUIN           

2

DUNGARVAN           

45

LISMORE             

3

TALLOW              

2

TOTAL

56

TRAMORE               

KILMACTHOMAS        

11

TRAMORE             

38

TOTAL

49

WATERFORD             

DUNMORE EAST        

2

FERRYBANK           

4

PASSAGE EAST        

1

WATERFORD           

180

TOTAL

187

 WATERFORD TOTAL           

 

292

Housing Management Companies

Questions (247)

Paul Murphy

Question:

247. Deputy Paul Murphy asked the Minister for Justice and Equality his views on the need to introduce legislation to regulate private management companies; and if he will make a statement on the matter. [45298/17]

View answer

Written answers

The position is that the Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs).  These are companies registered under the Companies Acts, the members of which are the owners of residential units within the development and which are established for the purposes of ownership and management of the common areas.

The 2011 Act contains provisions relating to such matters as:

- the transfer of common areas to the OMCs (sections 4 and 5);

- the voting rights of members of OMCs (sections 14 and 15);

- the provision of annual reports by OMCs to members (section 17);

- arrangements for the holding of annual meetings to approve annual service charges (section 18);

- the establishment of a sinking fund to cover refurbishment outlays (section 19);

- arrangements for the making of House Rules (section 23); and

- the establishment of a court-based dispute resolution process (section 24).

The Act also contains provisions which encourage the resolution of disputes that may arise between parties by means of mediation rather than recourse to court proceedings.

Statutory provisions governing the regulation of companies, including those governing the memorandum and articles of association, the appointment and responsibilities of directors and requirements for submitting annual financial returns, are set out in the Companies Acts. 

The Office of the Director of Company Enforcement (ODCE) has published a "Company Law Handbook on Residential Property Owners' Management Companies" which contains valuable information and practical guidance for OMCs, including chapters on specific company law topics such as the responsibilities of directors, accounting records and the filing of annual financial returns.  In addition, the ODCE has published "A Property Owner's Guide to Company Law" which is aimed at the owners and residents of apartments in multi-unit developments and explains how company law is relevant to them.  Both publications are available on the ODCE's website: www.odce.ie.    

While I have no plans at present to amend the Multi-Unit Developments Act, its operation is kept under ongoing review by my Department.

Prisoner Releases

Questions (248)

Richard Boyd Barrett

Question:

248. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if he will extend the remit of services available for guilty prisoners on release to be made available to innocent persons on release in view of the fact that miscarriage of justice cases are not allowed access to post-prison services; and if he will make a statement on the matter. [51784/17]

View answer

Written answers

I am interpreting the reference to "miscarriages of justice" referred to in the Deputy's question as those persons who have received a conviction in the Courts and who, at a later time, have had that conviction quashed.  I wish to inform the Deputy that there is no statutory provision under the remit of my Department or the Irish Prison Service to provide specific services to persons who were held upon conviction of a crime within the prison system and who were later exonerated.

Because of the unpredictable nature of the time in custody it is not possible to provide pre-release programmes or reintegration programmes to persons who had their conviction quashed. This cohort of prisoners can be released by the court at any time. They can also receive bail or have the warrant holding them quashed for any number of reasons.

For these reasons it is impossible to plan when an exonerated prisoner may be released and accordingly it is not possible to provide a structured release programme to this cohort of prisoners.

Miscarriages of Justice

Questions (249)

Richard Boyd Barrett

Question:

249. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality his plans to establish an independent criminal cases review commission similar to that in operation in Norway to examine cases in which prisoners have been exonerated; if he will acknowledge wrongful conviction mistakes and publicly declare innocence on the quashing of a case; and if he will make a statement on the matter. [51785/17]

View answer

Written answers

I can inform the Deputy that I have no plans at present to establish an independent criminal cases review commission as outlined.

The Criminal Procedure Act 1993 provides for a situation where a person stands convicted of an offence after appeal to the Court of Appeal and claims that a new or newly discovered fact shows that there has been a miscarriage of justice.  Under the Act, such a person may apply to the Court of Appeal to have the conviction quashed, or petition the Minister for Justice and Equality with a view to the Government advising the President to grant a pardon under article 13.6 of the Constitution.

Where an application is made to the Court of Appeal, the Court has a range of options open to it, including the quashing of the conviction, with or without a retrial.

Where the Minister is petitioned, the Minister has a range of options, including advising the petitioner that he or she should apply to the Court of Appeal, or recommending to Government that it should advise the President to grant a pardon, or that it should appoint a committee to inquire into and report on the case.

There is also provision under the Act for compensation to be paid to a person whose conviction is quashed by the Court of Appeal or who is pardoned, where the Court certifies or the Minister is of the opinion that there has been a miscarriage of justice.

While I am happy to consider any proposals the Deputy may wish to put forward in relation to the adoption of a system similar to the Norwegian one outlined, my understanding is that the Norwegian Commission exists as an independent body with responsibility for deciding whether convicted persons who seek review of their conviction/sentence should have their cases retried in court. If the Commission decides that there should be a review, the case will be referred for retrial before a court other than that which imposed the conviction/sentence. This process is strikingly similar to the statutory powers afforded to my office by virtue of Section 7 of the Act, as outlined above.

Garda Overtime

Questions (250, 269)

Seán Sherlock

Question:

250. Deputy Sean Sherlock asked the Minister for Justice and Equality the reason overtime for gardaí in Dublin has been rescinded for the rest of 2017; his plans to ensure that overtime is restored; and if other Garda divisions are faced with similar budgetary decisions for December 2017. [51838/17]

View answer

Bernard Durkan

Question:

269. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which he expects the issue of Garda overtime to be dealt with before the Christmas period; and if he will make a statement on the matter. [52034/17]

View answer

Written answers

I propose to take Questions Nos. 250 and 269 together.

As the Deputies will be aware, the allocation and management of the overtime budget is the responsibility of the Garda Commissioner having due regard to the available resources and his operational needs.

In this context, I presented a supplementary estimate to the Select Committee last Thursday which provides for additional expenditure of some €58.1 million in gross terms for the Garda Vote, including an additional €50.489 million for the pay subhead of which over €42 million is for overtime.

This will bring the overtime budget for 2017 to over €130 million. By any standards, this is a significant sum, particularly when compared to the spend in previous years -  €91 million in 2016, €56 million in 2015 and some €37.7 million in 2014.

Further, Budget 2018 provides for just under €100 million in overtime next year.

I am sure that the Deputy will agree that it is incumbent on Garda management to manage these substantial sums effectively for each financial year and I am satisfied that Garda management is acutely aware of the need to utilise the resources being made available to them in the most efficient and effective manner to ensure high visibility policing in our communities. This entails proper budgetary planning to ensure that the overtime requirements for any given year can be met in a managed and coherent way from the available resources. This House votes the resources available to the Commissioner of the day.  It is his or her job as Commissioner and as Accounting Officer for the Garda Vote to manage those resources prudently.

I am informed by the Commissioner that all Assistant Commissioners and Executive Directors were requested to ensure that the usage of overtime for the roster ending on 3 December did not exceed the annual budget of €131 million which includes a Supplementary Estimate of €42.5 million.

I am further informed that there was no question of all overtime in the Dublin Metropolitan Region being cancelled for the remainder of 2017.

It is important to note that overtime worked in December actually falls due to be paid from the 2018 budget and, as I have indicated, just under €100 million has been made available for overtime in 2018.

I have also been assured by the Commissioner that any misunderstanding that arose internally in relation to the availability of necessary overtime in the period leading up to Christmas has been clarified by the relevant Assistant Commissioner.

It is also important to note that overtime cannot be taken in isolation to the other resources available to An Garda Síochána.

For example, a further 800 Gardaí will have been recruited by the end of this year and Budget 2018 also provides for this level of continuing recruitment. Provision has also been made for significant civilian recruitment which will allow for the redeployment of Gardaí from behind desks to the front-line to do what they have been trained and are being paid to do.

Indeed, some €1.65 billion has been allocated to the Garda Vote for 2018. This is an increase of approximately 2% over the allocation for 2017 and includes, as I have stated, almost €100 million for Garda overtime. Some €1.61 billion was allocated to the Garda Vote for 2017 and €1.55 billion in 2016.

This demonstrates the Government’s commitment to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. 

I am sure that the Deputy will agree that Garda management must continue to deliver on the extensive Garda Reform Programme that is currently underway and extract maximum benefit from the opportunities presented by that Programme, which is supported by unprecedented levels of public funding.

The Programme is being facilitated by the 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.  

In particular, the increase in civilians will provide extensive opportunities to An Garda Síochána to redeploy significant numbers of Gardaí from administrative duties to front-line duties thereby reducing the need for overtime proportionately.

Further benefits will accrue from the proposed increase in the Garda Reserve.

I would like to stress that, while this Government has not been found wanting in providing resources to An Garda Síochána, it remains incumbent on Garda management to manage effectively and efficiently the significant resources being made available to them.

My Department will, of course, be keeping all aspects of the Garda Budget under close review in conjunction with Garda Management during the course of 2018.

Freedom of Information Data

Questions (251, 252)

John McGuinness

Question:

251. Deputy John McGuinness asked the Minister for Justice and Equality the number of freedom of information requests received by his Department to date in 2017; the number of which that were fully or partially granted; and the number of such requests that were refused. [51856/17]

View answer

John McGuinness

Question:

252. Deputy John McGuinness asked the Minister for Justice and Equality the number of freedom of information requests received by his Department to date in 2017; the number of which the period of consideration was completed within four weeks of the receipt of the request; and the number of which the period of consideration was extended by up to four weeks in view of the fact that the necessary resources to complete the request within the original timeframe were not available, in tabular form. [51873/17]

View answer

Written answers

I propose to take Questions Nos. 251 and 252 together.

The details of Freedom of Information requests processed by my Department in 2017 are set out in the following table. 

Number of requests carried over from 2016

109

Number of Requests received up to 31 October 2017

659

Requests granted

132

Requests part granted

199

Requests refused

212

Transferred to other public bodies

2

Withdrawn

37

Withdrawn and dealt with outside the Act

41

Requests in progress

145

 At present, my Department does not maintain statistics on the number of requests where the timeframe for responding was extended or not adhered to.

Prison Drug Treatment Services

Questions (253)

Jack Chambers

Question:

253. Deputy Jack Chambers asked the Minister for Justice and Equality the status of efforts to introduce therapeutic communities and drug free service facilities to prisons here; if he will engage with the Irish Prisons Service (IPS) to ensure a therapeutic community (TC) is introduced in prisons following a commitment by the IPS to introduce a TC; the timeframe for same; if his attention has been drawn to the large volume of academic research in support of the positive outcomes for such initiatives, in particular the positive findings of a 2016 longitudinal study by bodies (details supplied); and if he will make a statement on the matter. [51878/17]

View answer

Written answers

The Irish Prison Service has advised that it is fully committed to supporting individuals who are seeking to address addiction issues through the availability of a comprehensive range of treatment options across the prison estate. As part of achieving this strategic action, the Irish Prison Service has committed in its Strategic Plan 2016 - 2018, to developing a Therapeutic Community within the Mountjoy Campus.

The concept of a Drug Free Therapeutic Community has been very successful in many jurisdictions, and the Irish Prison Service is actively considering how best to progress the concept within the Irish prison system.

The Irish Prison Service is developing this concept for the progression of persons in custody with an addiction history so that they can be better prepared for their engagement with mainstream services in the community. It intends to develop a bespoke training package for Therapeutic Community staff, and prison officers who choose to work in this area, so that the philosophy and values of the Therapeutic Community movement are fully reflected in the structure and delivery of this service in the Irish Prison System. This is a medium-term project which will be sustainable into the future and form an integral part of the care pathway of those with addiction issues.

The Irish Prison Service will continue to consult with all relevant stakeholders and intends to define a tender specification which will enable it to deliver a modern and effective service. The Irish Prison Service will be undertaking a literature review of all contemporary publications on Therapeutic Community services and outcomes so as to ensure that it is working in line with best international practice. It also intends to continue liaising with its World Health Organisation colleagues in regard to its development of this service.

Garda Vetting

Questions (254)

Tony McLoughlin

Question:

254. Deputy Tony McLoughlin asked the Minister for Justice and Equality if a person (details supplied) can have their spent convictions cleared by the Garda National Vetting Bureau; and if he will make a statement on the matter. [51879/17]

View answer

Written answers

Vetting for employment purposes is carried out by the Garda National Vetting Bureau in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016 and other relevant laws.  The primary purpose of the arrangements that have been put in place is to support protection for children and vulnerable adults.  Neither I nor my Department has any role in the processing of such applications.

As the Deputy will be aware the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 sets out the arrangements in law whereby certain past convictions may not be disclosed.  This Act made a series of amendments to the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 in respect of the arrangements for the disclosure or otherwise of past convictions in the vetting process.  These provisions are applied by the National Vetting Bureau in the context of processing all vetting applications.

Refugee Resettlement Programme

Questions (255)

Seán Crowe

Question:

255. Deputy Seán Crowe asked the Minister for Justice and Equality the number of refugees resettled and relocated here in view of the fact that the former Minister for Justice and Equality in September 2015 pledged to relocate and resettle 4,000 refugees by September 2017; and when the Government now plans to reach that target. [51885/17]

View answer

Written answers

As the Deputy is aware, the Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa.  Under this programme, the Government has pledged to accept a total of 4,000 persons into the State.  Of these, 2,622 were by means of the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece.  A further 1,040 were to be sourced under the UNHCR-led refugee resettlement programme currently focussed on resettling refugees from Lebanon, and the balance through a variety of mechanisms.  It should be noted that Ireland voluntarily opted into the two EU Council Decisions on Relocation (2015/1523) and (2015/1601), which provided for the relocation of 160,000 asylum seekers from Italy and Greece.

The Government decision to accept 4,000 persons into the State did not contain a time limit of September 2017 but the relocation mechanism, in particular, did carry a time limit of approximately two years. As I set out below significant issues arose with that mechanism which made it impossible for Ireland to deliver on the numbers allocated to it, primarily because those numbers do not actually exist on the ground in the relevant counties.  Hence, the Government has had to find other mechanisms to deliver on the commitment by Ireland.

Under the programme refugee resettlement strand of the Programme, 357 persons arrived in Ireland during 2016.  Taken together with the previous year's intake, Ireland had taken in 519 of its original commitment of 520 by the end of 2016, a year ahead of schedule.  Last year, the Government doubled its commitment under resettlement to 1,040 and the total to have arrived from Lebanon under refugee resettlement now stands at 785.  The balance are expected to arrive in early 2018. The European Commission recognises Ireland as being one of only seven EU Member States to have fulfilled their resettlement pledges from the July 2015 Agreement.

Ireland committed to accept 2,622 asylum seekers under the relocation strand of the IRPP. This total was composed of 1,089 people from Greece, 623 people from Italy and 910 people that were “unallocated” by the Commission. Ireland plans to meet in full its commitment to Greece.  Some 693 of the allocation of 1,089 are already in the State, with a further 62 persons scheduled for arrival in December 2017.  By early 2018, it is expected that Ireland will have relocated its entire cohort from Greece (1,089), subject of course to the Greek authorities submitting the small number of remaining case files to Ireland and the ability of local authorities to find homes in communities around Ireland.

However, Italy, unlike Greece, did  not permit security assessments to be undertaken by other States on its territory. Accordingly, Ireland has been unable to undertake security assessments in Italy of the asylum seeker cohort eligible for relocation to Ireland.  It has therefore not been possible for Ireland to take asylum seekers from Italy despite the most intensive efforts by Ireland to resolve the impasse, both bilaterally with Italian counterparts at official, diplomatic and Ministerial level, and at EU level.

In terms of the unallocated portion contained in the two EU Council Decisions referred to above, which in the case of Ireland amounts to  910 persons,  Ireland could not access this component because no decision was ever taken at EU level to allocate these numbers as between Greece and Italy.  In fact, the Deputy may wish to note that by the end of the two-year EU Relocation Programme in September 2017, just 37,000 asylum seekers were eligible and registered for relocation in Italy and Greece out of an total of 160,000 comprehended by the two Council Decisions, of which 78% (approximately 29,000) had been relocated to other EU Member States including Ireland. It should be noted that proportionally Ireland has taken one of the highest numbers under the EU Relocation Programme. Once the final transfers from Greece take place early next year, Ireland will have relocated more than 3% of the EU’s total figure. This represents a strong commitment by Ireland to EU solidarity, given that we represent less than 1% of the total population of the EU. 

Ireland has worked to give effect to the EU relocation decisions and will fill any gaps arising from the relocation instruments using other mechanisms such as pledges for resettlement of programme refugees.  To address the balance of approximately 1,800 people under the IRPP, which arises largely due to the significantly smaller number of asylum seekers eligible and registered under the EU relocation programme, I have recently announced additional resettlement pledges for 2018 and 2019 amounting to an additional commitment of about 945 refugees, and the establishment of a new Family Reunification Humanitarian Admission Programme (FRHAP). The resettlement pledges are the largest commitments for resettlement that we have made in a calendar year since our national resettlement programme began in 2000. They have been made in the context of a European Commission/UNHCR resettlement pledging exercise for 2018/2019, which aims to provide 50,000 resettlement places across the European Union over the two-year period. 

As the Deputy is also aware, following the adoption of the All-Party Motion last November, on the Calais Unaccompanied Minors, a concerted effort has been made to provide a pathway here for such unaccompanied minors who wished to come to Ireland. The Departments of  Children and Youth Affairs and Justice and Equality established the Calais Special Project within Tusla, the Child and Family Agency. Working directly with the French authorities, any unaccompanied minors who have been identified as suitable for relocation here have been accepted and provided with the appropriate supports and no unaccompanied minor who has asked to come to Ireland has been refused. A total of 30 young persons have been relocated under this programme to date. There are an additional 11 children who have been assessed and are awaiting security clearance before travel arrangement can be made for them. In addition to the children that have been brought to Ireland under the Calais Special Project an additional six young people from Syria have been admitted to Ireland under the EU Relocation Programme from Greece.

In all the circumstances, I can state that Ireland is making every possible effort to meet its commitments, the commitment by Ireland to accept 4,000 persons remains and that Ireland will fill any gaps arising from the relocation instruments using other mechanisms such as pledges for resettlement of programme refugees.  I am reasonably confident that Ireland will meet its commitments by 2019 in this area now that Ireland can take its own initiatives to achieve the targets set out in the Government Decision.

Tribunals of Inquiry

Questions (256, 257, 258, 259, 284)

Alan Kelly

Question:

256. Deputy Alan Kelly asked the Minister for Justice and Equality his views on the operation of the Charleton liaison committee; his further views on whether it should continue to operate and that it is functioning in a fair manner for all; and if he will make a statement on the matter. [51906/17]

View answer

Alan Kelly

Question:

257. Deputy Alan Kelly asked the Minister for Justice and Equality his views on a matter relating to answers to parliamentary questions (details supplied); and if he plans to make changes to those replies. [51907/17]

View answer

Alan Kelly

Question:

258. Deputy Alan Kelly asked the Minister for Justice and Equality the date and the ways in which his attention was drawn to the concerns expressed regarding the operation of the Charleton liaison committee at the Committee of Public Accounts on 23 November 2017; the actions he took regarding these concerns as a result; and if he will make a statement on the matter. [51908/17]

View answer

Alan Kelly

Question:

259. Deputy Alan Kelly asked the Minister for Justice and Equality if the Garda Commissioner communicated concerns regarding the operation of the Charleton liaison committee recently; if so, when he will act on such concerns; and if he will make a statement on the matter. [51909/17]

View answer

Seán Sherlock

Question:

284. Deputy Sean Sherlock asked the Minister for Justice and Equality his views on whether the manner in which the Charleton liaison committee was set up was appropriate; and if he will continue to fund its operations. [52053/17]

View answer

Written answers

I propose to take Questions Nos. 256 to 259, inclusive, and 284 together.

Firstly, I am aware that Deputy sought to raise this matter at the Committee of Public Account on Thursday 23 November last.  I understand that while there was some discussion at the Committee, this was relatively brief. I also understand that the Chair of the Committee concluded that the matter was not appropriate for discussion by the Committee at this time but could arise for discussion next year in the context of the 2017 Appropriations Account.

Subsequent to the Public Accounts Committee, the Garda Commissioner made a report to me under section 41(1) of the Garda Síochána Act 2005 on Monday 27 November last. The report forwarded a document that detailed concerns in relation to the operation of the Tribunal Co-ordination Office. This is something I treat with the utmost seriousness and in that regard I instructed that the contents of the report be referred to the Disclosures Tribunal. That was done on Wednesday 29 November. The report was also referred to the Office of the Attorney General. The Taoiseach was made aware of the contents of the report by the Secretary to the Government.

Since its receipt my Department has been considering the contents of the report. On foot of that examination I intend to write to the Commissioner requesting a full report addressing each of the issues raised in the document.

In relation to the Deputy's previous parliamentary questions on this matter, the replies I have provided are available on the public record. I have answered all questions put to me fully and accurately based on the information available to me at the time.

It is the Commissioner who has statutory responsibility to carry on and manage and control generally the administration and business of An Garda Síochána. Accordingly, the putting in place of internal structures to service the Tribunal is a matter for the Commissioner and I, as Minister, have no direct role in the matter. I do not believe it would be proper for me as Minister to prescribe the approach which is taken by An Garda Síochána towards the Tribunal.  Indeed, I would be open to criticism if I were to seek to influence how An Garda Síochána fulfil their duties to the Tribunal. 

It is important to note that it is not in any way unreasonable that An Garda Síochána as an organisation should put in place a structure to help meet their obligations to cooperate with the Tribunal, particularly in respect of the discovery of relevant documentation. Mr Justice Charleton covered the arguments around this principle when he heard applications for representation last March.

It is important to keep in mind that there is nothing in the arrangements put in place by the Commissioner to deny, nor could they, the right of any individual member of An Garda Síochána to make any representations they see fit, relevant to its terms of reference, directly to the Tribunal.  This includes any complaint by any member of An Garda Síochána about the arrangements in place for their representation at the Tribunal.

On a general note I would reiterate that the Government has been anxious to ensure that the Tribunal receives the greatest degree of assistance possible from all parties, not least An Garda Síochána. To that end the Government was supportive of the former Commissioner, and continues to support the acting Commissioner, in ensuring that the required resources are at the disposal of An Garda Síochána to service the Tribunal in a timely and effective manner.  The then Commissioner identified that the requirements of the Tribunal could best be met by the re-engagement of a small number of retired persons and my Department approved this in February 2017, subject to formal sanction, which was conveyed by the Department of Public Expenditure and Reform on 5 May 2017. 

The formal sanction provided for the engagement of three persons (i.e. two retired members of An Garda Síochána and one civilian) for up to nine months for the purposes of servicing the Tribunal. I am advised that the services of two retired senior members of An Garda Síochána (one retired Assistant Commissioner and one retired Chief Superintendent) were engaged initially for a period of six months and then for a further period of three months to 30 November 2017 in accordance with the formal sanction. Their contracts fully complied with pension abatement regulations. Both former officers concerned have now left their posts in full compliance with the sanction.

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