Skip to main content
Normal View

Tuesday, 16 Jan 2018

Written Answers Nos. 533-555

International Programmes

Questions (533)

Michael Healy-Rae

Question:

533. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will address a matter (details supplied) regarding the international protection programme; and if he will make a statement on the matter. [54918/17]

View answer

Written answers

The decision to reopen the accommodation facility at Linden House, Killarney, Co. Kerry was made to meet an urgent and unforeseen demand for accommodation by people seeking international protection that could not be met by the Department's existing accommodation portfolio. Linden House was previously used as an accommodation centre and was readily available to be used again.

Persons seeking international protection come from a wide variety of countries and is not possible to predict where a particular applicant would come from. This accommodation is provided while their applications for international protection are being processed so a long term housing strategy for each individual would not be practicable as the decision on their application is not known at this stage.

Unfortunately, due to the urgent and unforeseen demand for accommodation, it was not possible to engage in a full consultation process with the local authority and the community. My Department has recently advertised a tender for Emergency Reception and Orientation Centres and also advertised in the national press and the Official Journal of the EU seeking expressions of interest from interested parties to provide accommodation to those seeking international protection. My Department has advised the County and City Management Association of these procurement processes and will engage with the relevant local authority prior to a centre opening following the completion of these procurement processes.

Garda Stations

Questions (534)

Charlie McConalogue

Question:

534. Deputy Charlie McConalogue asked the Minister for Justice and Equality the position regarding a Garda station (details supplied) in County Donegal; and if he will make a statement on the matter. [54932/17]

View answer

Written answers

The Deputy will appreciate that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has responsibility for the provision and maintenance of Garda accommodation. This includes identifying and progressing any necessary remedial or refurbishment works required at individual stations. As Minister, I have no direct role in these matters.

I have, however, been informed by the Garda authorities that the OPW are in discussions concerning refurbishments to the station in question. Following the outcome of these discussions, the timeframe for any works will be considered having regard to the funding available.

Garda Síochána Ombudsman Commission

Questions (535, 536)

Gerry Adams

Question:

535. Deputy Gerry Adams asked the Minister for Justice and Equality the budget assigned to the Garda Síochána Ombudsman Commission in each of the years 2015 to 2017; the budget to be assigned for 2018; and if he will make a statement on the matter. [54935/17]

View answer

Gerry Adams

Question:

536. Deputy Gerry Adams asked the Minister for Justice and Equality the number of staff assigned to the Garda Síochána Ombudsman Commission in each of the years 2015 to 2017; the projected number of staff for 2018; and if he will make a statement on the matter. [54936/17]

View answer

Written answers

I propose to take Questions Nos. 535 and 536 together.

The Garda Síochána Ombudsman Commission (GSOC) has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded, and has extensive powers under the 2005 Act to enable it to carry out its responsibilities.

The assigned annual budgets for GSOC since 2015 is as follows.

2015

2016

2017

2018

€9,212,000.00

€9,546,000.00

€9,577,000.00

10,050,000.00

As the end of 2015 and 2016 there was a staffing complement of 77, not including the Commissioners. At the end of 2017, the staffing complement was 84 staff working alongside the Commissioners. GSOC project that the number of staff for 2018 will be 94, again excluding Commissioners.

I can assure the Deputy that resources and funding are kept under continuing review to ensure that GSOC is enabled to continue to operate effectively and efficiently and in accordance with its statutory remit.

In May 2017 sanction was given for an additional 5 staff to create a dedicated unit in GSOC to deal with Protected Disclosures.  A recruitment competition for positions in this Unit has been recently completed by PAS.

I met with GSOC last September and the issue of resources was discussed. GSOC undertook to provide briefing to the Department on what it estimates are its staffing requirements to meet all contingencies and this will be considered once it is received.

Garda Síochána Ombudsman Commission Investigations

Questions (537)

Gerry Adams

Question:

537. Deputy Gerry Adams asked the Minister for Justice and Equality the number of investigations being undertaken by the Garda Síochána Ombudsman Commission; the number of investigations being undertaken with reference to the relevant sections of the Garda Síochána Act 2005; and if he will make a statement on the matter. [54937/17]

View answer

Written answers

The Garda Síochána Act 2005 established Garda Síochána Ombudsman Commission - GSOC - to provide independent oversight of alleged misbehaviour by members of the Garda Síochána. The Act stipulates that the Ombudsman Commission is independent in the performance of its functions.  This independence is the central feature of its oversight function and serves to maintain public confidence in its operation. 

All allegations of criminal offences by Gardaí are investigated by GSOC's own investigators for which they have these full police powers. GSOC may refer other complaints to the Garda Commissioner for investigation under the Garda disciplinary code, and it may maintain oversight of progress in those investigations. GSOC has the authority to make recommendations to the Garda Commissioner concerning disciplinary proceedings, and also to send a file to the DPP where it feels that the conduct under investigation may constitute an offence.

I am advised by GSOC that as of 18 December 2017 there were 1035 active investigations being undertaken by GSOC. The following table shows where the complaints arise from and the relevant sections under which the investigation is proceeding. 

 Origin

Section of the Act under which investigation is proceeding

 Number

Complaints

S90

32

 

S94 (1)

514

 

S94(5)

181

 

S95

61

 

S98

215

102 (1) Garda   Commissioner

S95

6

 

S98

7

102 (4) GSOC

S95

5

 

S98

6

102 (5) Minister

S95

3

 

S98

5

Total

 

1035

Under the Protected Disclosures Act 2014 GSOC was prescribed as a body to receive protected disclosures on Garda matters. The above figures do not include investigations arising from Protected Disclosures made to GSOC.

GSOC have advised me that, at present they are unable to provide figures on the number of investigations being undertaken by them under the Protected Disclosures Act 2014. In a press release last June, GSOC stated that they had received 24 protected disclosures, however, every protected disclosure may not necessarily lead to an investigation.

They have indicated, however, that in accordance with the statutory reporting provisions in the Protected Disclosures Act, they will shortly publish these figures. They will also publish these figures in their 2017 Annual Report.

Question No. 538 answered with Question No. 480.

Irish Naturalisation and Immigration Service Data

Questions (539)

Michael Healy-Rae

Question:

539. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the income needed for a retired couple who wish to reside here (details supplied); and if he will make a statement on the matter. [54965/17]

View answer

Written answers

Over recent years, retired persons seeking to come to Ireland to live has become a particular channel for migration into the State. As the Deputy will appreciate it is the responsibility of the State to decide polices for the management of migration and the control of our borders in the public interest. The simple fact that someone may wish to settle here as a retired person does not, of itself, create an entitlement for that person to do so.

Nevertheless, permission to retire in the State is granted to persons who can demonstrate sufficient funds to ensure that they will not become a burden on the State. The financial threshold at present is considered to be an income of €50,000 per person per annum, plus the person must have access to a lump sum of money to cover any unforeseen major expenses.

Following a public consultation process in October 2016 the Irish Naturalisation and Immigration Service (INIS) of my Department undertook a review of this policy, with a view to bringing greater clarity and consistency to this area, and also to consider the economic factors involved. This review has been finalised and decisions on foot of it will be made in the near future.

While it would be premature at this stage to outline the details of the proposed scheme I hope the Deputy will appreciate that it is reasonable that persons seeking to retire in the State should have a close association with Ireland, that they can fully support themselves while resident here, not become an undue burden on State services, and that they should be approved for this purpose before taking up residence.

It is important to strike a reasonable balance between the aspirations of prospective non-EEA retirees and the interests of the State. Accordingly, the key financial consideration in respect of a retiree, particularly those that have not paid tax in Ireland, or otherwise contributed to the Exchequer, is that the person must have sufficient and sustainable resources to ensure that they will not now or in the future become a burden on the State.

Garda Vetting Applications

Questions (540)

Niamh Smyth

Question:

540. Deputy Niamh Smyth asked the Minister for Justice and Equality the status of a Garda vetting application by a person (details supplied); and if he will make a statement on the matter. [54966/17]

View answer

Written answers

The vetting application in the case to which the Deputy refers in her question relates to a person who is currently in an ongoing process for recruitment to An Garda Síochána. As I have advised the Deputy, in such cases An Garda Síochána as the recruiting authority can liaise directly with applicants in respect of the progress of the recruitment process.

The Deputy will be aware also that in respect of recruitment to An Garda Síochána, given the nature of the employment, checks secondary to vetting are also required to be carried out and these can take some time to be completed.

Garda Data

Questions (541)

Michael Fitzmaurice

Question:

541. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality the Garda stations around the country that cannot use the PULSE system due to lack of broadband in their area, by county, in tabular form; and if he will make a statement on the matter. [54972/17]

View answer

Written answers

As the Deputy will appreciate, decisions in relation to the provision and allocation of Garda equipment and resources, including ICT, are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.

The Deputy will be aware that the 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 2016-2021 sets out a series of initiatives which will enable An Garda Síochána deploy the latest cutting edge technologies in the fight against crime.

I understand from the Garda authorities that as at 29 November 2017 there were 426 stations networked and 138 stations that are not connected to the Garda Network. Members in non-networked locations can contact the Garda Information Services Centre (GISC) or an associated networked station if required.

A project was established under the Modernisation and Renewal Programme to enhance rural access to the Garda network by connecting the majority of these remaining sites to the Garda Network. Where sites cannot be connected, for example where local broadband services are not yet available, other methods of providing members with network access which may include the provision of mobile technology are being explored.

Garda Recruitment

Questions (542)

Paul Kehoe

Question:

542. Deputy Paul Kehoe asked the Minister for Justice and Equality if there are circumstances for an exemption (details supplied); and if he will make a statement on the matter. [55002/17]

View answer

Written answers

As the Deputy will be aware, recruitment to An Garda Síochána is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013 and the recruitment and training of An Garda Síochána is a matter for the Garda Commissioner, and I as Minister have no direct role in the matter.

Regulation 4 (d) specifies that all applicants for admission as a Garda Trainee must have a proven proficiency in two languages; one of which must be Irish or English. Such competency may be proven by achieving the relevant grades in the Leaving Certificate or for English or Irish through such assessments as set out by the Public Appointments Service (PAS) which, on behalf of the Garda Commissioner, manages the initial recruitment stages for selection of Garda Trainees.

This requirement applies without discrimination to all candidates, and there are no plans in train to change this requirement.

Spent Convictions Legislation

Questions (543)

Donnchadh Ó Laoghaire

Question:

543. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality if those convicted under anti-homosexuality laws pre-1993 would have their convictions considered spent under the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016; and if he will make a statement on the matter. [55003/17]

View answer

Written answers

The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 provides a regime under which certain convictions can be disregarded after a number of years have elapsed since they were imposed, subject to specified limitations. The Act defines "excluded offences" to which these measures do not apply, and this definition includes the sexual offences listed in Schedule 1 of the Act.

The Deputy will be aware that a Private Members Bill, the Sexual Offences (Apology and Exoneration) Bill, which provides for an apology and exoneration of persons convicted of sexual offences for consensual acts between gay men prior to decriminalisation of this in 1993 was introduced in the Seanad in February 2017. Options to advance this issue are being explored by officials, in consultation with the sponsors of the Bill.

Commencement of Legislation

Questions (544)

Clare Daly

Question:

544. Deputy Clare Daly asked the Minister for Justice and Equality when the Mediation Act 2017 will be commenced. [55012/17]

View answer

Written answers

On 8 December last, I signed the Commencement Order bringing all sections of the Mediation Act 2017 into effect on 1 January 2018 (S.I. 591 of 2017).

Irish Prison Service

Questions (545)

Clare Daly

Question:

545. Deputy Clare Daly asked the Minister for Justice and Equality the reason the findings of an investigation (details supplied) initiated by a former Minister for Justice have not been provided to all parties as promised once civil litigation concluded; and if he will make a statement on the matter. [55024/17]

View answer

Written answers

I am advised by the Irish Prison Service that In June 2010, the then Director General of the Irish Prison Service commissioned an external enquiry into the circumstances surrounding the removal from prison of the person referred to in the Parliamentary Question.

The enquiry was carried out by a retired Prison Governor and a retired Garda Superintendent. Their operational report was submitted to the then Director General in 2011. The terms of reference did not provide for the publication of the report.

The Director General subsequently reviewed the report and considered it  incomplete as there were a number of legal and procedural issues identified with the operational report. A second external investigator was appointed in an attempt to bring this enquiry to a conclusion.

Subsequently the second external investigator advised the Director General that it would not be possible to conclude the enquiry without re-interviewing all of the witnesses. He further advised that this approach would not be practical or feasible. In the circumstances, therefore, it has not been possible to provide a copy of the findings of the investigation to all parties as it was decided that the matter could not be brought to a satisfactory conclusion in light of the report from the investigator.

Garda Operations

Questions (546)

Pearse Doherty

Question:

546. Deputy Pearse Doherty asked the Minister for Justice and Equality the steps being taken to tackle rural crime in County Donegal; and if he will make a statement on the matter. [55057/17]

View answer

Written answers

I want to assure the Deputy that I am very much aware of the impact of crime on rural communities, including the serious damage done by organised gangs who target rural areas to engage in burglary and other property-related crime, whether in Donegal or elsewhere across the country. Such incidents cannot be tolerated in our society and this Government will continue to dedicate very significant resources to support An Garda Síochána in tackling the gangs, including mobile criminal gangs, who target rural areas.

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 Districts and I, as Minister, have no direct role in the matter.  However, I can assure the Deputy that Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that optimum use is made of these resources.  

The scale of Garda activity against burglary and property-related crime – under Operation Thor - has led to concentrated Garda activity resulting to date in over 100,000 targeted checkpoints and 85,000 crime prevention patrols nationwide. To give you an idea of the impact of the Operation, I can inform you that this concentrated policing activity has produced in the region of 6,375 arrests and 7,134 charges covering a range of offences which, in addition to burglary, include handling stolen property, possession of firearms and drugs offences.

Very significant resources have been provided to An Garda Síochána, including an overtime allocation of almost €100 million announced in Budget 2018, to support large-scale policing operations including Operation Thor. It is also worth noting that Operation Thor has now entered its ‘Winter Phase’ which will run from 29 October 2017 – 1 April 2018.

Operation Thor has targeted mobile criminal gangs engaged in burglary and related crimes and it is encouraging to note that since the launch of the operation in November 2015, the burglary figures have shown a significant downward trend. The CSO official recorded crime statistics for 2016 show a decrease in burglary offences of 30% when compared to the previous twelve-month period in 2015.  This reflects the success of the concerted Garda drive against crime being implemented under Operation Thor.

I understand that work is ongoing to ensure that the publication of the official CSO crime statistics can recommence in earnest. Recent operational figures would appear to indicate that certain crime categories are on the rise, but until such time as the CSO can resume its publication of the crime statistics it would be unwise to draw any firm conclusions from them at this point. However, I was pleased to note a Garda press release earlier this week which stated that, according to provisional figures, burglaries nationally fell by 23% during November and December under the Winter Phase of Operation Thor. Needless to say, An Garda Síochána will continue to monitor all new and emerging crime trends and deploy their resources accordingly.

This Government has also made it a particular priority to strengthen our legislative provisions through the enactment of the Criminal Justice (Burglary of Dwellings) Act 2015 which is targeted at repeat burglars who have previous convictions and who are charged with multiple offences of residential burglary. This new legislation is now available to support the work which is being carried out by An Garda Síochána under Operation Thor.

The Programme for Government underlines the need for close engagement between An Garda Síochána and local communities. This is an essential feature of the strong community policing ethos which has long been central to policing in this jurisdiction.  The Deputy will be aware that, as part of the overall strategy to oppose criminality, the Garda authorities pursue a range of partnerships with community stakeholders, including the farming organisations.  These include the well established Community Alert Programme, which receives annual funding from my Department, as well as the work of the Metal Theft Forum, the Crimestoppers campaign highlighting the Theft of Livestock, the Theftstop initiative in relation to farm equipment, and the highly successful Garda Text Alert Scheme. 

On 02 January 2018 I was pleased to announce that my Department will be providing an additional €50,000 in financial support to Community Text Alert Groups as a further measure in this Government's support to crime prevention.  This is in addition to the €100,000 which I announced at the National Ploughing Championships in September 2017. The Rebate Scheme, which also ran in 2016, will allow Text Alert Groups registered with An Garda Síochána to apply for funding to contribute towards their yearly running costs.  The new funding has been allocated to the 2017 scheme and the deadline has been extended to 31 January 2018.  The Text Alert Rebate Scheme will be administered by Muintir na Tíre and I would like to urge groups wishing to participate in the Scheme to contact Muintir na Tíre for more information.  The website is www.muintir.ie.

Other policing initiatives include Theft Stop which was launched by the Gardaí and the Irish Farmers Association.  Theft Stop is designed to deter criminals from taking and selling farm equipment by ensuring it is clearly marked with a unique ID (such as an EirCode) and then registered on a nationwide database.

The Deputy will be aware that An Garda Síochána's Modernisation and Renewal Programme 2016-2021 places a strong emphasis on developing and supporting the community policing ethos of the organisation and enhancing the current delivery model so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security.  It will result in the introduction of multi-skilled Community Policing Teams in every District. Community Policing Teams will be made-up of Gardaí from a number of different units who will work with the local community to prevent and detect crime.  Undoubtedly, the ongoing recruitment process will support all Garda activities and will enhance the provision of effective Community Policing throughout the country.

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.  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.

Road Safety

Questions (547)

Pearse Doherty

Question:

547. Deputy Pearse Doherty asked the Minister for Justice and Equality the steps being taken to tackle the scourge of deaths caused by drink-driving; and if he will make a statement on the matter. [55058/17]

View answer

Written answers

I would like to thank the Deputy for raising this important issue.  I am deeply conscious of the serious issue of road safety and mindful of the traumatic impact of road traffic collisions on those directly affected and their families, as well as the impact of dangerous driving, including drink-driving, more generally on the quality of life of residents in local communities across the country. 

The Deputy will be aware that road traffic legislation is the responsibility of my colleague, the Minister for Transport, Tourism and Sport, Mr Shane Ross, T.D.  I am, however, informed that the Road Traffic (Amendment) Bill 2017 will address an issue in the legislation on drink-driving which has existed since 2010, whereby the Road Traffic Act 2010, which lowered the permissible alcohol limit while driving, allowed people convicted of driving while in the lowest bracket over the limit to receive 3 penalty points instead of a disqualification, subject to certain circumstances.  The current Bill proposes to replace these penalty points with a 3-month disqualification, thus communicating the critical message that ‘a little drink-driving’ is a serious matter.  Evidence shows that, even at low levels, alcohol can impair people’s ability to drive and can dull their reactions.  The Bill is currently at second stage in Dáil Éireann and my colleague, Minister Ross, is committed to concluding the Bill's passage through the Houses of the Oireachtas as soon as possible. 

Road safety is a shared responsibility, one which the Government takes very seriously.  Ireland's current Road Safety Strategy (2013 - 2020) aims to place Ireland consistently on the list of safest countries in the EU and beyond. To achieve this, we are continuing to work together in partnership with all relevant stakeholders.  I attend meetings of the Ministerial Committee on Road Safety, along with the Minister for Transport, Tourism and Sport, the Road Safety Authority (RSA), An Garda Síochána, the Attorney General and other agencies. This Committee met 6 times last year and oversees the implementation of the Road Safety Strategy, providing a forum for high-level discussion of road safety issues and the opportunity to address road safety trends as they arise. 

Last year witnessed the lowest number of annual road traffic fatalities on record (159) and it is imperative that the positive momentum across road traffic enforcement and road safety initiatives is harnessed towards further annual reductions in fatalities for the remainder of the life of the Road Safety Strategy. An Garda Síochána benefited from considerable resource investment by this Government in 2017, which has contributed to the most welcome downward trend in road traffic fatalities. An Garda Síochána and the RSA continue to seek and avail of new opportunities to communicate with all road users and it is evident, from last year's figures, that many road users are heeding road safety campaigns and are increasingly aware of the importance of responsible driving behaviour.

This multi-agency approach continues into enforcement. An Garda Síochána undertakes a programme of high visibility road safety and enforcement operations, carried out in partnership with other state agencies. Garda operations specifically target road use behaviour known to contribute significantly to collisions, including driving while intoxicated.  By working together with the RSA and other agencies, An Garda Síochána will continue to confront dangerous road-user behaviour thorough public presence, legislative enforcement, education and partnership. I am informed that road traffic legislation is enforced as part of the day-to-day duties of members of An Garda Síochána, as well as through specific enforcement operations. The recruitment of an additional 150 Gardai to the Garda National Roads Policing Bureau this year will contribute to a stronger road traffic enforcement capability nationwide. An Garda Síochána also intend to have a stronger focus on road traffic enforcement in the training provided to new recruits at Templemore and this will have a positive impact on enforcement and, as a result, safety on our roads. The Deputy will appreciate that I have no direct role in the enforcement of road traffic legislation, which is an operational matter for the Garda Commissioner.

An Garda Síochána’s Modernisation and Renewal Programme (2016-2021) sets out key strategic objectives for Road Policing which will inform and guide An Garda Síochána's Road Policing plans over the lifetime of the Programme. Under the Programme, the Commissioner will undertake a number of road safety traffic enforcement initiatives, including expanding the use of technology and increasing checkpoints. The Programme is being supported by significant Government investment in An Garda Síochána.  Under the Programme for Government there is a 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.   

A key to achieving this goal is the commitment to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 21,000 by 2021.  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.  In addition, there are plans to strengthen the Garda Reserve with new Reserves expected to commence training early in 2018.  

In the period 2013 to end of 2017 almost €44 million will have been invested in the fleet with some 2,000 vehicles coming on stream in that period vehicles to ensure that the Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.  In addition, the Government’s Capital Investment Plan 2016-2021 provides for a further €46 million of investment in vehicles to ensure that the Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.  Some €330 million, including €205 million under the Capital Plan, is being invested in Garda ICT infrastructure between 2016 and 2021. This major investment will allow An Garda Síochána to deploy the latest cutting edge technologies in the fight against crime. 

The road traffic enforcement function performed by An Garda Síochána is one of its core functions and this Government is committed to further supporting An Garda Síochána in this regard.

Departmental Appointments

Questions (548)

Mary Lou McDonald

Question:

548. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the names of the two academics appointed to the scoping group to consider the availability of data and make recommendations on a study to identify the prevalence of sexual abuse and violence here and emerging trends following his Department's recent tendering process. [55074/17]

View answer

Written answers

The two successful academics selected, following tendering, to participate in the scoping group referred to by the Deputy were Ms. Elaine Byrne (Doctoral Candidate, Dept. of Psychology, NUI Galway) and Professor Stephanie Holt (Social Studies, Trinity College Dublin).

Gender Equality

Questions (549)

Jim O'Callaghan

Question:

549. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the format of the recent public consultation on gender pay that drew 38 responses and suggestions; the total cost of the public consultation; and if he will make a statement on the matter. [55132/17]

View answer

Written answers

On 9 August 2017, the Minister for Justice and Equality and I launched a public consultation on tackling the gender pay gap. Interested parties were invited to make submissions in writing by 4 October 2017. In all, 38 written submissions were received.

A 'Summary of the Public Consultation: Measures to tackle the gender pay gap' was disseminated at a symposium in Dublin, 'Rising to the challenge: addressing Ireland's Gender Pay Gap', which took place on 10 January, organised by the Department of Business, Enterprise and Innovation and my Department. This report is available at www.genderequality.ie.

Apart from ministerial and official time, the only cost was for advertising the consultation which was €3,029.

Closed-Circuit Television Systems Provision

Questions (550)

Dara Calleary

Question:

550. Deputy Dara Calleary asked the Minister for Justice and Equality if housing resident associations are eligible for the community-based CCTV scheme; and if he will make a statement on the matter. [55161/17]

View answer

Written answers

The Deputy will be aware that my Department launched the Community-based CCTV Grant-aid Scheme in April 2017, as the vehicle to assist community groups in the establishment of CCTV systems in their local areas. The Scheme is intended to support local communities who wish to install and maintain CCTV security systems in their areas, with the aim of increasing public safety and to deter illegal or anti-social behaviour.

Under the Scheme, 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.

Eligible groups can include existing community-based not-for-profit organisations that are broadly representative of the community and community-based, not-for-profit, consortium of private and community interests under the aegis of an existing lead organisation. The key requirement is that the lead organisation for all applications must be an existing, legally registered body, which can include bodies registered for tax or charity purposes.

Some of the other key requirements of the Scheme are that the proposal must—

- be approved by the local Joint Policing Committee,

- have the prior support of the relevant Local Authority, which must also act as Data Controller – this is a long-standing statutory requirement, set out in the Garda Síochána (CCTV) Order 2006 (S.I. No. 289 of 2006), for the establishment of community CCTV systems generally, and

- have the authorisation of the Garda Commissioner in accordance with Section 38 of the Garda Síochána Act 2005.

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

Direct Provision System

Questions (551)

Paul Murphy

Question:

551. Deputy Paul Murphy asked the Minister for Justice and Equality the procedures in place if a resident in direct provision is suspected of not occupying his-her accommodation; if these procedures allow for due process including the presentation of evidence, the ability of the resident to contest the evidence and to put forward his-her own evidence; the sanctions that exist; the appeals process; the notice period given to direct provision residents if they are moved from the accommodation; and if he will make a statement on the matter. [55198/17]

View answer

Written answers

The Reception and Integration Agency (RIA) of my Department oversees the provision of accommodation for applicants for international protection while their application is being processed. Not every applicant takes up the offer of that accommodation and many chose not to do so. In addition some residents move out of that accommodation and live with friends or families.

Part of the role of RIA and individual centre management is to ensure that those who request and are allocated accommodation within the RIA portfolio are using it on a consistent basis.  This accommodation is provided to protection applicants on the understanding that they will be living there in the normal course.  Clearly if a person is allocated accommodation but ceases using it, it would be wrong not to re-allocate it to an international protection applicant who genuinely requires it.

In this regard, the Deputy will wish to note that at the end of December 2017, RIA was providing accommodation for 5,096 persons with an effective vacancy rate of just under 2.5%.  There is an ongoing challenge to identify suitable accommodation to applicants for international protection. The average number of new protection applications per week was 56 in 2017, with an average of 244 per month.  To cope with the demand for accommodation from international protection applications, RIA reopened two former accommodation centres in late 2017.

The management of each centre are required to submit a weekly register to RIA which gives details of the persons who are on site.  Management of a centre have experiential knowledge of whether a person is using their accommodation as they meet directly with residents on a daily basis (eg at meal times or the collection and delivery of post) and link with residents in the provision of services.

When it comes to RIA's attention that a resident does not appear to be using their bed space consistently and the person has not given centre management an explanation as to why this is the case, RIA staff liaise with centre management to manage the situation.  In a case where RIA is satisfied that accommodation is not being used consistently, the resident will be issued a letter advising them that if they do not use their bedspace, that space will be re-allocated to another applicant in need. If the resident continues to be absent from their accommodation, a letter will be sent to them (at that centre), advising them that their bedspace has been deemed abandoned and will be reallocated to another protection applicant.  This letter will be held by management until the person presents in the centre to collect their post.

It is open to residents to respond to the initial letter and provide any evidence that they are indeed availing of the accommodation. If RIA is satisfied that this is the case then the matter will be closed at that stage and the accommodation will not be reallocated.  Once the final letter is issued advising the resident that the bedspace has been deemed abandoned then any complaint will not be suspensive.  However, they resident can, if they choose, apply in writing to RIA asking to be re-accommodated.

The Deputy will also be aware that in early 2017, the remit of both the Ombudsman and the Ombudsman for Children was extended to residents in accommodation centres under contract to my Department.

Direct Provision System

Questions (552)

Paul Murphy

Question:

552. Deputy Paul Murphy asked the Minister for Justice and Equality his views on whether the eviction of a person (details supplied) from their accommodation in Knocklasheen direct provision centre in November 2017 was the result of a fair process in view of the lack of notice, an ability to contest evidence and to appeal the decision; and if he will make a statement on the matter. [55199/17]

View answer

Written answers

The Reception and Integration Agency (RIA) of my Department oversees the provision of accommodation for applicants for international protection while their application is being processed.

The Agency oversees the provision of accommodation for applicants for international protection while their application is being processed. Not every applicant takes up the offer of that accommodation and many chose not to do so. In addition some residents move out of that accommodation and live with friends or families. Part of the role of RIA and individual centre management is to ensure that those who request and are allocated accommodation within the RIA portfolio are using it on a consistent basis. This accommodation is provided to protection applicants on the understanding that they will be living there in the normal course.

Save in the most exceptional of circumstances for stated and repeated serious breaches of house rules and for the safety of other residents, no person has ever been evicted from any accommodation centre.

In the case raised by the Deputy, the RIA is satisfied that the person in question was not using the bedspace and accordingly decided to deem it to be abandoned and to allocate it to another protection applicant was correct.

The decision to deem that the bedspace was not being used was based on a number of facts. Centre management visited the residents room almost daily over a period of two weeks as they needed to discuss a service issue with him. It was clear that the bed had not been slept in and the room not used in that two week period. In addition, he was not seen onsite. RIA staff were in the centre on four occasions around this time and on none of these occasions was the person there. As per the procedures, the resident was issued with a warning letter which in turn was followed up by a letter stating that the bedspace was deemed abandoned by the resident in this case.

The Deputy will appreciate that in the context of the current pressures facing RIA, they must ensure that if accommodation is not being used consistently then it must be re-allocated to persons in greater need of that accommodation.

Departmental Properties

Questions (553)

Peadar Tóibín

Question:

553. Deputy Peadar Tóibín asked the Minister for Justice and Equality the vacant properties and land not in use, owned, rented or leased by his Department or by bodies and agencies under the aegis of his Department by square footage for buildings and acres for land, in tabular form; the address and location of these properties; and the last date of occupancy or use of these properties. [55216/17]

View answer

Written answers

I wish to advise the Deputy that the information sought is set out in the following table.  For completeness, I have included details of sites that are currently undergoing transfer to other public bodies and those for which future development is planned.

Venue / Site

Approx. Size

Date last Occupied

Cork

Kanturk Courthouse, Greenfield Road, Co. Cork

297 sq. m.

1st September 2010

Youghal Courthouse, Market Square, Youghal, Co. Cork*

259 sq. m.

1st August 2004

Old Cork Prison

***

1st April 2016

Donegal

Dungloe site*

0.5 acres

n/a

Galway

Tuam site*

929 sq. m.

n/a

Kildare

Kilcock Courthouse, Courtown road, Kilcock, Co. Kildare.*

100 sq. m.

1st September 2016

Leitrim

Ballinamore Courthouse, Main Street, Co. Leitrim

530 sq. m.

1st April 2010

Manorhamilton Courthouse, Lower Main Street, Manorhamilton, Co. Leitrim*

550 sq. m.

31st December 2003

Mayo

Westport Courthouse, Castlebar Street, Westport, Co. Mayo

354 sq. m.

16th May 2013

Offaly

Birr Courthouse, Townsend Street, Birr, Co. Offaly

376 sq. m.

1st January 2014

Wicklow

Bray Courthouse, Boghall Road, Bray, Co. Wicklow*

423 sq. m.

n/a

Wicklow Courthouse, Market Square, Co. Wicklow*

1,000 sq. m.

28th July 2010

Dublin

Thornton Hall, Kilsallaghan, Co. Dublin

Circa 131 acres

May 2009

South Circular Road, Islandbridge, Dublin 8**

Circa 0.30 acres

19th October 2010

*These are buildings / sites currently not in use but are intended for future courthouse development.

**A site at South Circular Road, Islandbridge, Dublin 8 is currently a property of the Irish Prison Service. This site is in the process of being transferred to Dublin City Council.

*** Information will be forwarded directly to the Deputy by the Irish Prison Service in relation to the approximate size as this information was not readily available.

Family Law Cases

Questions (554, 555)

Jim O'Callaghan

Question:

554. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of family law cases initiated in the Dublin District Court in 2017; and if he will make a statement on the matter. [55238/17]

View answer

Jim O'Callaghan

Question:

555. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of family law cases initiated in the Dublin Circuit Court in 2017; and if he will make a statement on the matter. [55239/17]

View answer

Written answers

I propose to take Questions Nos. 554 and 555 together.

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that the collation of data associated with family law proceedings in respect of 2017 has not yet been completed. However, the Courts Service has provided the following provisional data, which is not expected to change substantially.

The Courts Service has informed me that during the course of 2017 a total of 2,782 new cases were initiated in private family law proceedings in the Dublin District Court. These are cases where proceedings between litigants were initiated in the Dublin District Court for the first time during 2017. In addition, during the course of the year, the court issued a total of 14,842 new summons related to such proceedings. These summonses relate not only to the new cases initiated during the course of 2017 but also to historic cases initiated in previous years where new applications related thereto came before the Court during 2017. Private family law proceedings generally relate to domestic violence cases and applications for custody, access, guardianship and maintenance matters.

The Courts Service has also informed me that in relation to public family law (childcare proceedings) a total of 117 new cases were lodged with the Dublin District Court during 2017. These are cases where proceedings were initiated in the Dublin District Court for the first time during 2017. In addition, a total of 3,151 applications were dealt with by the Court during 2017 including applications for extension of interim care orders. These applications relate not only to the new cases initiated during the course of 2017 but also to historic cases initiated in previous years where new applications related thereto came before the Court during 2017.

The Courts Service has further informed me that during the course of 2017 a total of 2,411 new cases were initiated in the Dublin Circuit Family Law Court. These are cases where proceedings between litigants were initiated in the Dublin Circuit Family Law Court for the first time during 2017. The data provided includes 1,212 divorce civil bills, 424 judicial separation civil bills, 155 marriage exemption applications and a total of 490 new appeals received from the District Court.

Top
Share