Thursday, 8 Feb 2018

Written Answers Nos. 144-163

Third Level Staff Remuneration

Questions (144)

Róisín Shortall

Question:

144. Deputy Róisín Shortall asked the Minister for Education and Skills the timeframe within which pay inequality for third level lecturers will be ended; and if he will make a statement on the matter. [6635/18]

Written answers

Minister for Education and Skills

Differential pay scales were introduced by the then Government in 2010. It must be borne in mind that the pay reduction for post-2011 entrants to the public service applied to all public servants, and that any restoration of these measures would be expected to be applied elsewhere across the public service.

Any further negotiation on new entrant pay is a cross sectoral issue, not just an issue for the education sector. The Government also supports the gradual, negotiated repeal of the FEMPI legislation, having due regard to the priority to improve public services and in recognition of the essential role played by public servants.

A commitment is included in the Public Service Stability Agreement 2018-2020 to consider the issue of newly qualified pay within 12 months of the commencement of the Agreement. That process has now commenced with a first meeting on 12 October 2017. 

In addition, the Public Service Pay and Pensions Act 2017 provides that within 3 months of the passing of the Act, my colleague the Minister for Public Expenditure and Reform will prepare and lay before the Oireachtas a report on the cost of and a plan in dealing with pay equalisation for new entrants to the public service.

Freedom of Information Data

Questions (145)

Dara Calleary

Question:

145. Deputy Dara Calleary asked the Minister for Education and Skills the number of freedom of information requests received by his Department in each of the years 2013 to 2017; the average time taken in these years to complete the requests by his Department; the number of requests to his Department for these years that ran beyond the deadline for the request; and if he will make a statement on the matter. [6890/18]

Written answers

Minister for Education and Skills

The number of freedom of information requests received by my Department in each of the years 2013 to 2017 is set out in the table.

Dealing with FOI requests forms part of the standard duties of officials and the time spent on processing such requests is not monitored separately. 

Year	No of FOI request received	‘The number of requests for these years  that ran beyond the deadline for the request’, i.e. where the period of  consideration was extended by up to four weeks under section 14 of the FOI Act 2014
2013	328	23
2014	303	21
2015	420	20
2016	494	33
2017	548	54

Garda Youth Diversion Projects

Questions (146)

Róisín Shortall

Question:

146. Deputy Róisín Shortall asked the Minister for Justice and Equality the details of the strategy for funding youth diversion projects as distinct from Tusla funded child services in the Ballymun area; and if he will make a statement on the matter. [6631/18]

Written answers

Minister for Justice and Equality

The statutory framework relating to young offenders and the Garda Diversion Programme is set out in the Children Act 2001. The operation of the Garda Diversion Programme is supported by the nationwide network of Garda Youth Diversion Projects (GYDPs). There are now 105 of these projects in place nationally.

GYDPs are community based, multi-agency, crime prevention initiatives which primarily seek to divert young people who have become involved in criminal or anti-social behaviour. There is currently one GYDP operating in the Ballymun area, namely the Ballymun Youth Block project.

GYDPs are funded by the Irish Youth Justice Service (IYJS) and each project is managed locally by a Community Based Organisation (CBO). Funding is allocated under multi-annual funding agreements with the CBOs and, in 2018, approximately €14m will be allocated for GYDPs. From 2015, GYDPs have been co-funded under the Programme for Employability Inclusion and Learning of the European Social Fund (ESF) 2014-2020.

I am advised that the funding and oversight of GYDPs is kept under ongoing review, in conjunction with An Garda Síochána, in the light of experience of operating the projects and with a view to the future development and direction of GYDP services. In this context, and also to fully comply with ESF and other funding requirements, it is intended that a national Call for Proposals for the provision of these services (from 2019) will be issued by the IYJS in the first half of this year.

Immigration Status

Questions (147)

Bernard Durkan

Question:

147. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of a stamp 4 application in the case of a person (details supplied); and if he will make a statement on the matter. [6475/18]

Written answers

Minister for Justice and Equality

I would refer the Deputy to my response to his Parliamentary Question No. 582 on 11 September 2017. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the situation remains unchanged.

The Irish Naturalisation and Immigration Service (INIS) of my Department have received a request for permission to remain in the State by the person concerned. However, this case is among a number of cases which are currently being held by this Department pending the outcome of the appeal to the Supreme Court of the Court of Appeal judgment in the Luximon v. Minister for Justice and Equality which was heard in the Supreme Court on 30 November 2017. A decision will issue in this case when the matters before the Courts have been finalised.

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.

Data Protection

Questions (148)

Fergus O'Dowd

Question:

148. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if a reply will issue to a query from a person (details supplied) regarding the proposed exemption from fines for public bodies for breaches of the proposed Data Protection Bill 2018; and if he will make a statement on the matter. [6482/18]

Written answers

Minister for Justice and Equality

The position is that Article 57 of the General Data Protection Regulation (GDPR) confers a range of sanctioning powers on the data protection authorities of the Member States. These include possible warnings and reprimands; enforcement orders to bring processing operations into compliance with the GDPR or to facilitate exercise of data subject rights; and prohibition orders to restrict data processing operations on a temporary or permanent basis. These sanctions will apply equally to data controllers and data processors in the public and private sectors.

Article 83 of the GDPR goes on to make provision for the possible imposition of administrative fines on data controllers and data processors for infringements of its provisions, but it states that is a matter for the Member States to decide whether and, if so, to what extent, administrative fines may be imposed on public sector bodies.

While the imposition of such fines on Government Departments, public authorities and public bodies could have a deterrent effect, it would also reduce funds available to such bodies for the provision of important services to the public. Any deficit arising from the payment of fines would be likely to lead to a demand for replacement funding by means of a supplementary budget. This could result in a potentially wasteful circular flow of funds. On the other hand, non-application of administrative fines could create competition distortions in areas in which public and private bodies operate in the same market (e.g. public and private hospitals; public and private transport providers).

In order to ensure fair and equitable trading conditions in such cases, the Data Protection Bill 2018 proposes that administrative fines may be imposed on public bodies when acting as “undertakings”, i.e. when providing goods or services for gain in competition with private bodies. This will avoid competitive distortions that would otherwise arise from non-application of such fines to public bodies that act as undertakings.

Criminal Injuries Compensation Tribunal Data

Questions (149)

Seán Fleming

Question:

149. Deputy Sean Fleming asked the Minister for Justice and Equality the number of cases currently on hand by the Criminal Injuries Compensation Tribunal; the number dealt with in 2017; his plans to ensure that all are dealt with in a reasonable timeframe in the future; the number of meetings of the tribunal that occurred in 2017; the number planned for 2018; and if he will make a statement on the matter. [6493/18]

Written answers

Minister for Justice and Equality

The Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted (General Scheme). Under the terms of the Scheme, the Tribunal is entirely independent in the matter of individual decisions on applications for compensation.

Between 2012 and 2017, a total of 1,284 applications were received, and the number of cases in which payments were made was 587, totalling €31.719m. Owing to the manner in which cases are recorded, and in particular cases opened but not actively pursued by the applicants, a composite figure for the number of cases actually requiring further deliberation is not readily available. I have asked that this be examined with a view to clarifying the position into the future.

In so far as the effective operation of the scheme is concerned, I have ensured that a full Tribunal membership has been maintained in order to continue to address claims as promptly as possible within the funds available. However, it should be noted that while applications are processed with the minimum of formality compared to court proceedings where compensation is being claimed under the Civil Liability Acts, in making their decisions Tribunal Members must be satisfied that all supporting documentation submitted is in order. In some cases there can be delays pending the availability of all required documentation and some cases are complex in terms of the medical conditions to be assessed. Applicants also have the option of appealing the decision in their case, and no time limits apply to the bringing of an appeal.

I can also advise the Deputy that in view of the length of time since the scheme has been reviewed, my Department is exploring how a new review might best be carried out.

Strategic Communications Unit

Questions (150)

Micheál Martin

Question:

150. Deputy Micheál Martin asked the Minister for Justice and Equality if he, his officials or advisers have had meetings with the strategic communication unit since it was set up; the issues that were discussed; and if he will make a statement on the matter. [6522/18]

Written answers

Minister for Justice and Equality

I understand that as part of the Strategic Communication Unit’s work to better coordinate existing communications across Government, it is engaged in a series of meetings with senior officials from across government.

I, along with a small number of senior officials in my Department, met with the Unit’s Director on 5 October 2017. My special adviser also attended the meeting at which the Director outlined the Unit's intended work and my Department outlined some of its key communications priorities and work underway for example our ongoing campaign to raise awareness of domestic violence.

Subsequently, officials from my Department have attended a number of interdepartmental meetings with the Strategic Communications Unit. The focus of the Strategic Communications Unit is to better communicate major Government initiatives that impact on the lives of our citizens and to streamline communications across government. In this context, I am advised that discussions of meetings have focused on information campaigns by the Government of Ireland and the gov.ie website as a resource for citizens.

Criminal Injuries Compensation Tribunal Applications

Questions (151)

Robert Troy

Question:

151. Deputy Robert Troy asked the Minister for Justice and Equality the status of a case (details supplied). [6541/18]

Written answers

Minister for Justice and Equality

The Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted on Prison Officers. Under the terms of the Scheme, the Tribunal is entirely independent in the matter of individual decisions on applications for compensation under the Scheme. The Deputy will appreciate that in these circumstances I cannot comment on individual cases.

If the Deputy or the applicant contact the Tribunal directly with further details, they will be able to provide an update.

Garda Deployment

Questions (152, 153, 154, 155)

Darragh O'Brien

Question:

152. Deputy Darragh O'Brien asked the Minister for Justice and Equality the allocation of new gardaí to the Dublin metropolitan region, specifically to Swords Garda station; and if he will make a statement on the matter. [6543/18]

Darragh O'Brien

Question:

153. Deputy Darragh O'Brien asked the Minister for Justice and Equality the allocation of new gardaí to the Dublin metropolitan region, specifically to Balbriggan Garda station; and if he will make a statement on the matter. [6544/18]

Darragh O'Brien

Question:

154. Deputy Darragh O'Brien asked the Minister for Justice and Equality the allocation of new gardaí to the Dublin metropolitan region, specifically to Malahide Garda station; and if he will make a statement on the matter. [6545/18]

Darragh O'Brien

Question:

155. Deputy Darragh O'Brien asked the Minister for Justice and Equality the allocation of new gardaí to the Dublin metropolitan region, specifically to Lusk Garda station; and if he will make a statement on the matter. [6546/18]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 152 to 155, inclusive, together.

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

The Garda Stations of Swords, Balbriggan, Malahide and Lusk are all located in the Dublin Metropolitan Region (DMR) North Division. I am informed by the Commissioner that the Garda strength of the D.M.R. North Division on 31 December 2017 was 670 with 45 Garda Reserves and 39 Garda civilian staff also 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.

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.

As Minister Stanton outlined earlier today in the Dáil, the Garda College in Templemore was closed in 2010. It was closed by the then Government because of the severe and catastrophic economic crisis that the country was plunged into. The closure of the College and the moratorium imposed at that time has obviously had an impact on numbers in An Garda Síochána. When the last Government came into office, the initial focus was on stabilising the public finances and then returning the country to growth. Once that had been achieved, one of the Government’s first actions was to re-open the Garda College in Templemore.

I am informed by the Commissioner that since the reopening of the Garda College in September 2014, just under 1,600 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 123 have been assigned to the D.M.R. North Division with 15 and 23 assigned to Swords and Balbriggan Garda stations respectively. I am pleased to say that Garda numbers, taking account of retirements, increased to 13,551 at the end of 2017 - a net increase of over 600 since the end of 2016.

I am also pleased that funding is in place to maintain this high level of investment in the Garda workforce to ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. This year a further 800 new Garda Recruits will enter the Garda College. Also 800 Garda trainees are scheduled to attest during the year which will see Garda numbers, taking account of projected retirements, reach 14,000 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 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 Division, including the D.M.R. North Division.

In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and class-room based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme. I am informed that Lusk and Malahide Garda Stations are not training stations therefore new probationer Gardaí are not allocated to either station. However, it is important to note that the allocation of probationer Gardaí to a Divisional training station facilitates the reassignment of Gardaí to other stations within the Division, if required, by the Divisional Officer.

I know the Deputy had an opportunity to discuss these issues with Minister of State Stanton earlier this evening.

Prison Service

Questions (156)

Clare Daly

Question:

156. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 545 of 16 January 2018, the legal and procedural issues that were considered incomplete in a report (details supplied); and the steps that can now be taken to conclude the issue for all parties involved in the investigation. [6552/18]

Written answers

Minister for Justice and Equality

I am advised by the Irish Prison Service that in June 2010, the then Director General commissioned an external operational report into the circumstances surrounding the removal of a person from the Dóchas Centre.

A review of the operational report by the current Director General highlighted some legal and procedural flaws in the manner in which the enquiry was conducted. One such difficulty was the absence of documentary evidence to show that all of those who had participated in the enquiry were given an opportunity to comment on the accuracy of the comments attributed to them by the investigators.

In order to address those issues, a second external investigator was appointed in an attempt to bring the enquiry to a satisfactory conclusion. The participants who were interviewed as part of the original investigation were provided with written accounts of their previous contributions and invited to submit any additional comments they might have. Some participants were not satisfied with the renewed investigation while others expressed concerns at the content of the original statements attributed to them. While this process was underway legal action was commenced and the IPS was advised to await the outcome of the proceedings before issuing a further response to the participants.

Subsequently the second external investigator advised the Director General that in light of some the responses received from those parties interviewed as part of the enquiry, coupled with the lapse of time 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 at such remove from the matters which were the subject of the original enquiry. In light of this advice it was regretfully decided that it was neither practical nor feasible to continue with the enquiry for the reasons set out above.

I am informed that the Director General will correspond directly with relevant parties with a view to bringing this matter to a conclusion.

Inspector of Prisons Reports

Questions (157)

Clare Daly

Question:

157. Deputy Clare Daly asked the Minister for Justice and Equality his plans to enable the Inspector of Prisons to have the ability to publish reports directly without seeking his approval first; and if he will make a statement on the matter. [6594/18]

Written answers

Minister for Justice and Equality

The functions of the Inspector of Prisons, including his or her reporting functions, are as set out in Part 5 of the Prisons Act 2007. There are no plans to amend this legislation.

Prisoner Complaints Procedures

Questions (158)

Clare Daly

Question:

158. Deputy Clare Daly asked the Minister for Justice and Equality his plans to bring forward a prisoner ombudsman to take prisoner complaints or to ascribe that function to the ombudsman; and if he will make a statement on the matter. [6595/18]

Written answers

Minister for Justice and Equality

As the Deputy is aware, a prisoner complaints system was introduced in November 2012 based on a model recommended by the late Inspector of Prisons, Judge Michael Reilly. The system is categorised according to the nature and seriousness of the complaint . This can range from the most serious 'Category A' complaint through to a 'Category D' complaint. A complaint in the 'A' category, such as assault, is examined by investigators from outside the Prison Service to ensure an effective and impartial investigation. A complaint in the 'D' category would relate to maladministration by professionals providing services to prisoners such as doctors, dentists etc.

The late Judge Reilly, who was independent of Government in his post of Inspector, carried out a review of this system in June 2016 and made a number of recommendations. This report entitled “Review, Evaluation and Analysis of the Operation of the present Irish Prison Service Complaints Procedure” is available on my Department's website - www.justice.ie.

One of the key recommendations in the Inspector's report is that prisoners’ complaints should be subject to review by the Ombudsman, who would also be able to deal with complaints directly in the case of undue delay. This recommendation was accepted and my officials and officials from the Irish Prison Service are in advanced discussions with the Ombudsman's office with the aim of establishing an effective complaints system for prisoners. Further measures recommended in the Inspector's report need to be in place - such as development of the necessary IT infrastructure - before the Irish Prison Service will be in a position to implement the revised procedures. Some amendment to secondary legislation may be required as well, but it is not envisaged that primary legislation will be required.

Prison Visiting Committees Data

Questions (159, 160)

Clare Daly

Question:

159. Deputy Clare Daly asked the Minister for Justice and Equality his plans to review the prison visiting committees with particular reference to standardising their activities; and if he will make a statement on the matter. [6596/18]

Clare Daly

Question:

160. Deputy Clare Daly asked the Minister for Justice and Equality the number of persons involved in prison visiting committees; the number of reports issued for each prison; the annual expenditure of prison visiting committees; his plans to initiate a website or public information forum to follow their work; and if he will make a statement on the matter. [6597/18]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 159 and 160 together.

The Visiting Committee to each of the current 12 prisons or places of detention is appointed under the Prison (Visiting Committees) Act, 1925 and Prisons (Visiting Committees) Order, 1925.

At present there are 54 Visiting Committee members. A per diem taxable payment of €142.50 per visit / meeting and vouched travel expenses of up to €30 per visit/meeting is paid to Visiting Committee members. Expenditure in 2017 was €182,902.

The function of Visiting Committees is to visit at frequent intervals the prisons to which they are appointed and to hear any complaints which may be made to them by any prisoner. The Visiting Committees have free access, either collectively or individually, to every part of their prisons. They focus on issues such as the quality of accommodation, catering, medical, educational, welfare and recreational facilities.

In relation to standardisation, there are a number of processes through which the activities of each Committee are publicised and discussed among themselves and with the Irish Prison Service (IPS). Firstly, each Committee submits an Annual Report to me which is published and available for public information on my Department's website (www.justice.ie ). Secondly, it has been the practice in recent years for a group comprising the Chairs of each of the 12 Visiting Committee to meet on a quarterly basis with the Director General of the IPS to discuss issues of common concern. Thirdly, I myself recently met with this group and intend to do so again later this year.

Finally, the role of Visiting Committees will be considered in the context of the drafting of the General Scheme of the Inspection of Places of Detention Bill.

UN Conventions Ratification

Questions (161)

Clare Daly

Question:

161. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 291 of 30 January 2018, the list of stakeholders that he is consulting with regard to their views on research conducted by the IHREC regarding OPCAT; and when he plans to have that process concluded. [6598/18]

Written answers

Minister for Justice and Equality

Further to my reply to the Deputy's Parliamentary Question number 291 of 30 January 2018 regarding the ratification of the UN Optional Protocol to the Convention Against Torture (OPCAT) my Department has been consulting stakeholders in relation to the Irish Human Rights and Equality Commission's research into how OPCAT can be implemented in Ireland.

In this regard, to date my Department has consulted the Department of Health, the Department of Children and Youth Affairs, the Department of Defence, the Garda Inspectorate, the Irish Human Rights and Equality Commission, the Ombudsman for Children, the Irish Penal Reform Trust and the PRILA (Prisons, the Rule of Law, Accountability and Rights) Project Team at Trinity College.

On foot of observations from these bodies, it is intended to consult other relevant agencies. This phase of consultations should be completed by the end of the second quarter of 2018.

These consultations will inform the Department's consideration of the draft scheme of the Inspection of Places of Detention Bill. Subject to competing priorities, it is then anticipated that Government approval will be sought as soon as possible thereafter to send the revised scheme to the Office of Parliamentary Counsel.

Immigration Status

Questions (162)

Bernard Durkan

Question:

162. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when a residency extension, leave to remain and or stamp 4 will issue in the case of a person (details supplied); and if he will make a statement on the matter. [6602/18]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.

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.

Immigration Status

Questions (163)

Bernard Durkan

Question:

163. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when a stamp 4 residency update will issue in the case of a person (details supplied); and if he will make a statement on the matter. [6603/18]

Written answers

Minister for Justice and Equality

Following the commencement of the International Protection Act 2015 on 31 December 2016, new arrangements for the investigation and determination of applications for international protection (refugee status and subsidiary protection) and cases involving permission to remain in the State have been introduced. Such applications are now processed, as part of a single application procedure, by a new International Protection Office (IPO) which has replaced the Office of the Refugee Applications Commissioner (ORAC) from that date.

The staff of that Office (the Chief International Protection Officer and International Protection Officers) are also independent in the performance of their protection functions.

If an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant should contact the International Protection Office directly either by email to [e-mail], by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.

For your information, the Chief International Protection Officer, following consultation with the United Nations High Commissioner for Refugees (UNHCR), published a statement on the Prioritisation of Applications for International Protection under the International Protection Act 2015 on 27 February 2017 which is available on the website of the International Protection Office (www.ipo.gov.ie ).