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Thursday, 15 Feb 2018

Written Answers Nos. 168-176

Immigration Status

Questions (168)

Bernard Durkan

Question:

168. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in the case of a person (details supplied); and if he will make a statement on the matter. [7957/18]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that from the limited information provided on the persons concerned, it is not possible to adequately respond to the Deputy's question.

Regarding the persons concerned INIS advise that they might in the first instance consider consulting the INIS website www.inis.gov.ie as it contains information on all matters relating to immigration. The INIS Policy Document on Non-EEA Family Reunification is found at www.inis.gov.ie/en/INIS/Pages/immigration-policy-family-reunification and may be of relevance to the circumstances of the persons concerned.

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been 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 Parliamentary Question process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Naturalisation Applications

Questions (169)

Bernard Durkan

Question:

169. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all documentation has been supplied as requested to assist consideration of an application for naturalisation in the case of persons (details supplied); and if he will make a statement on the matter. [7958/18]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that processing of the applications for a certificate of naturalisation from the persons referred to by the Deputy are ongoing and will be submitted to me for decision as expeditiously as possible. There is no further documentation requested at this time. Additional information may, if required, be requested from the applicants in due course.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Garda Deployment

Questions (170, 171)

Catherine Murphy

Question:

170. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of juvenile liaison officers allocated to County Kildare by district and-or division; and if he will make a statement on the matter. [7973/18]

View answer

Catherine Murphy

Question:

171. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of junior liaison officers assigned by county, in tabular form; and if he will make a statement on the matter. [8037/18]

View answer

Written answers

I propose to take Questions Nos. 170 and 171 together.

As the Deputy will appreciate, the Garda Commissioner 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.  

I am advised by the Commissioner that Garda Juvenile Liaison Officers (JLOs) are specially trained to fulfil a key role in implementing the Garda Diversion Programme at local level. This role may include the administration of formal and informal cautions as well as appropriate supervision of children who have been admitted to the Diversion Programme, as provided in Part 4 of the Children Act 2001.

I am informed by the Commissioner that the information requested by the Deputy is not readily available in the format requested, as resources are assigned on a Garda Divisional basis which does not necessarily accord to County boundaries. 

For the Deputy's information I have set out in the table the number of Gardaí who are assigned to JLO duties in each Garda Division as of 31 December 2017.  

Juvenile Liaison Officers 31 December 2017

CAVAN/MONAGHAN

2

CLARE

2

CORK CITY

10

CORK NORTH

3

CORK WEST

2

DMR EAST

5

DMR NORTH

12

DMR NORTH CENTRAL

4

DMR SOUTH

10

DMR SOUTH CENTRAL

5

DMR WEST

11

DONEGAL

3

GALWAY

3

KERRY

4

KILDARE

3

KILKENNY/CARLOW

2

LAOIS/OFFALY

2

LIMERICK

5

LOUTH

3

MAYO

2

MEATH

3

ROSCOMMON/LONGFORD

2

SLIGO/LEITRIM

1

TIPPERARY

3

WATERFORD

4

WESTMEATH

2

WEXFORD

2

WICKLOW

4

TOTAL

114

Garda Data

Questions (172)

Catherine Murphy

Question:

172. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of newly qualified trainee gardaí assigned by county in each of the years from 2010 to 2017, in tabular form; and if he will make a statement on the matter. [8038/18]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, and I as Minister, have no direct role in the matter. I am assured by the Commissioner that Garda personnel assigned throughout the country, together with the overall policing arrangements and operational strategies are continually monitored and reviewed. Such monitoring ensures that optimum use is made of resources and the best possible policing service is provided to the general public.

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, just under 1,600 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. 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.

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 classroom 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.

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 with no new recruits attesting from 2011 to 2014. We are now rebuilding the organisation and providing the Commissioner with the resources needed to allow the deployment of increasing numbers of Gardaí across every Garda Division.

I am informed by the Commissioner that the information requested by the Deputy is not readily available in the format requested, as resources are assigned on a Divisional basis which does not necessarily accord to county boundaries. For the Deputy's information I have set out the number of new Garda recruits by Division in each of the years 2010, 2015, 2016 and 2017, in tabular form. There were no Garda trainees attested in 2011-2014.

Probationer Gardaí Allocations by Division 2010-2017

DIVISION

2010

2015

2016

2017

Total

D.M.R. EAST

10

9

19

37

75

D.M.R. NORTH

19

19

34

70

142

D.M.R. NORTH CENTRAL

25

22

44

69

160

D.M.R. SOUTH

14

19

33

66

132

D.M.R. SOUTH CENTRAL

26

21

42

78

167

D.M.R. WEST

13

29

35

73

150

KILDARE

4

14

19

47

84

LAOIS / OFFALY

5

9

20

42

76

MEATH

7

5

19

30

61

WESTMEATH

1

5

5

22

33

WICKLOW

6

7

-

19

32

CAVAN / MONAGHAN

5

10

8

22

45

DONEGAL

13

10

5

13

41

LOUTH

13

10

17

34

74

SLIGO / LEITRIM

5

5

5

8

23

KILKENNY/CARLOW

4

9

10

30

53

TIPPERARY

5

5

14

21

45

WATERFORD

6

14

10

30

60

WEXFORD

1

14

10

34

59

CORK CITY

6

7

5

26

44

CORK NORTH

-

-

5

15

20

CORK WEST

2

5

-

15

22

KERRY

3

9

-

17

29

LIMERICK

13

9

17

18

57

CLARE

9

10

5

10

34

GALWAY

3

5

5

10

23

MAYO

3

5

-

14

22

ROSCOMMON / LONGFORD

3

-

5

10

18

TOTAL

224

286

391

880

1781

Garda Retirements

Questions (173)

Catherine Murphy

Question:

173. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of retired gardaí and the rank of each who retired in each of the years 2010 to 2017, in tabular form; and if he will make a statement on the matter. [8039/18]

View answer

Written answers

Members of An Garda Síochána who joined the organisation prior to 1 April 2004 may retire on full pension once they have served for at least 30 years and they have reached 50 years of age.  Members of An Garda Síochána who joined the organisation on or after 1 April 2004 may retire on full pension once they have served at least 30 years and have reached 55 years of age. A member has the option of continuing to serve until they reach 60 years of age subject to the Garda Commissioner being satisfied that the member is fully competent and available to undertake, and fully capable of undertaking, the duties of his or her position as a member of the Garda Síochána.

I have set out for the Deputy's information the number of departures from An Garda Síochána in the years 2010 to 2017 in tabular form as supplied by the Commissioner.  These figures include those who departed due to voluntary, compulsory, or cost neutral early retirement, resignation, death, dismissal and medical discharge.

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, just under 1,600 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. 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.

I can assure the Deputy that projected departures from An Garda Síochána are kept under continuing review and the level of recruitment adjusted as necessary in order to achieve the desired strength.

DEPARTURES from An Garda Síochána 2010-2017

 

Com

D/Com

AC

C/Supt

Supt

Insp

Sgt

Garda

Total

2017

1

0

3

6

11

20

72

169

282

2016

0

0

2

5

6

16

64

170

263

2015

0

0

1

4

11

14

83

169

282

2014

1

0

0

4

8

15

83

180

291

2013

0

1

1

2

16

13

91

211

335

2012

0

0

1

5

19

24

119

294

462

2011

0

0

3

8

23

19

109

318

480

2010

1

0

2

3

14

8

100

279

407

Office of the Director of Corporate Enforcement Staff

Questions (174)

Maurice Quinlivan

Question:

174. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the rank of each member of An Garda Síochána assigned to the Office of the Director of Corporate Enforcement; the number and rank of vacant Garda positions at the ODCE; and the date at which the vacancy arose. [7933/18]

View answer

Written answers

The Office of the Director of Corporate Enforcement has an approved complement of 7 members of An Garda Síochána.  This is comprised of one Detective Inspector, two Detective Sergeants and four Detective Gardaí.  There are no vacancies at present.

Office of the Director of Corporate Enforcement Staff

Questions (175)

Maurice Quinlivan

Question:

175. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of months in each of the years 2016, 2017 and to date in 2018 the position of detective inspector assigned to the Office of the Director of Corporate Enforcement was vacant. [7934/18]

View answer

Written answers

The Director of Corporate Enforcement engages directly with An Garda Síochána regarding Garda resourcing of the ODCE.

A vacancy arose in respect of a Detective Inspector post on 30 September 2016. It was filled on 27 November 2017. The role has been filled on an interim full-time basis since then. I understand that this post is among a number of Detective Inspector posts which are the subject of an internal Garda Síochána promotions competition, which is expected to conclude in the coming months. Following this, a full-time Detective Inspector will be assigned to the Office of the Director of Corporate Enforcement, ODCE, on a permanent basis.

In terms of the number of months in each of the years in question that the position was vacant, these are as follows:

2016 - 3 months

2017 - 11 months

2018 - Nil.

Gambling Legislation

Questions (176)

Róisín Shortall

Question:

176. Deputy Róisín Shortall asked the Minister for Business, Enterprise and Innovation the way in which video games and gaming are regulated here in terms of content, age rating, sale to minors, purchase of online upgrades, the prevalence of gambling and so on; and if she will make a statement on the matter. [7966/18]

View answer

Written answers

As the Minister for Justice and Equality has policy responsibility for gambling legislation, I am not in a position to say what measures, if any, are being taken under such legislation to monitor in-game purchases by minors or the prevalence of gambling in such games. As the Deputy may be aware, the Minister for Justice and Equality is currently working on updating the General Scheme of the Gambling Control Bill.

Video and computer games, whether in online or other form, are subject to the provisions of general consumer protection legislation. The Consumer Protection Act 2007 (which gives effect to Directive 2005/29/EC on Unfair Commercial Practices) contains provisions of general application on unfair, misleading and aggressive commercial practices that may be relevant in some cases to video and computer games. The European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (which give effect to Directive 93/13/EEC on unfair terms in contracts) apply similarly to consumer contracts for video and consumer games. The information requirements of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (which give effect to Directive 2011/83/EU on Consumer Rights) apply to consumer contracts for video and computer games as, subject to certain specified exceptions, does the right of consumers under the Regulations to cancel an online contract for video or computer games within 14 days of delivery of the goods in the case of games supplied in tangible form or of the conclusion of the contract in the case of games supplied in digital form. The Regulations do not apply however to contracts for gambling, defined as “wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions.” If the Deputy has reason to believe that video and computer games are in breach of any of the above-mentioned legislation, I suggest that she provide details to the Competition and Consumer Protection Commission which has responsibility for their enforcement.

In June 2016, the Justice and Home Affairs Council agreed a General Approach on a proposed Directive on contracts for the supply of digital content, including digital games. The proposed Directive is currently the subject of trilogue discussions involving the European Council, Commission and Parliament. It deals with matters such as the supply of digital content, its conformity with the contract in respect of a wide range of requirements including quality, functionality, compatibility, interoperability, fitness for normal purposes, fitness for any particular purpose made known by the consumer, and updates. The General Approach also sets out the remedies available to consumers where digital content does not comply with these requirements. It excludes from the scope of the Directive gambling services, defined as “services which involve wagering a skill with pecuniary value in games of chance, including those with an element of skill, such as lotteries, casino games, poker games and betting transactions, by electronic means or any other technology for facilitating communication and the individual request of a recipient of a service.”

In general, these consumer protection measures aim to protect the economic interests of consumers and do not deal with matters such as age rating and the protection of minors.

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