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Thursday, 5 Jul 2018

Written Answers Nos. 130-145

Garda Training

Questions (130)

Fiona O'Loughlin

Question:

130. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the number of gardaí who have graduated with the fraud and e-crime investigation postgraduate certificate in UCD; the number undertaking the course; the cost to An Garda Síochána in 2017 and to date in 2018 of running the qualification and sending gardaí to study the course; and if he will make a statement on the matter. [29755/18]

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Written answers

As the Deputy will appreciate, it is the Garda Commissioner who has statutory responsibility for carrying on and managing and controlling generally the administration and business of An Garda Síochána including training and I, as Minister, have no direct role in the matter.

I am informed by the Commissioner that a total of 88 Garda personnel undertook and successfully completed the Postgraduate Certificate course in Fraud and E-Crime Investigation provided by UCD, 44 in each of the years 2016 and 2017. It is expected that a similar number of personnel will attend the course when it commences later this year.

I am informed by the Commissioner that cost to An Garda Síochána of Garda personnel attending the course in 2017 was €80,096.83 excluding travel and subsistence costs associated with attendance at the course. It is expected that similar costs will be incurred in 2018.

Courts Service Properties

Questions (131)

Pat Casey

Question:

131. Deputy Pat Casey asked the Minister for Justice and Equality the status of the refurbishment of the courthouse in Wicklow town; the timeline for its reopening; and if he will make a statement on the matter. [29763/18]

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Written answers

As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.

However, a number of developments in relation to Courts Service accommodation requirements are outlined in the Government's recent National Development Plan 2018 -2027. They include:

- Further new or refurbished courthouses in regional cities and county towns where facilities remain substandard (including Galway City, Wicklow Town, Portlaoise, Tralee and Roscommon) and further provincial locations such as An Clochan Liath (Dungloe) to serve as the Gaeltacht court for the region, and Tuam;

- Regional Family Law Centres;

- A nationwide condition survey of all court buildings in the estate will be undertaken to determine their condition and identify works required in relation to any issues identified and meet ongoing maintenance requirements.

The precise allocation and timing of additional funding over the entire ten year period remains to be fully determined. It will be dependent on the outcome of further detailed planning and analysis of costs which will determine prioritisation of projects from a timing and budgetary perspective.

Furthermore, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that, as part of its provincial capital building programme, one of the objectives is to extend and refurbish the courthouse in Wicklow town to provide a significantly larger 4-courtroom venue together with a range of facilities for staff, the judiciary, persons in custody, jurors, legal professionals, other state agencies and members of the public.

The Courts Service has indicated that while detailed planning or design work has not yet commenced, it has purchased a number of adjacent properties, some of which will be demolished in order to create a larger site capable of accommodating a courthouse building on the scale envisaged. The Courts Service plans to undertake some of this demolition work in 2018 and has sought assistance from the OPW in this regard.

Direct Provision System

Questions (132, 133, 134, 135, 136, 137, 138)

Gerry Adams

Question:

132. Deputy Gerry Adams asked the Minister for Justice and Equality the additional resources that will be put in place to ensure timely processing of work permits further to the recent directive on the right to work measures announced for persons in the direct provision system. [29780/18]

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Gerry Adams

Question:

133. Deputy Gerry Adams asked the Minister for Justice and Equality if the reduction or removal of the weekly €21.60 allowance following the recent directive on the right to work measures announced for persons in the direct provision system once an asylum seeker secures a job will be monitored; and his views on concerns expressed publicly by NGOs regarding the need for adequate timeframes that persons would need to gather savings and develop social networks. [29781/18]

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Gerry Adams

Question:

134. Deputy Gerry Adams asked the Minister for Justice and Equality when the roll-out of an information campaign will commence for applicants, employers, trade unions, NGOs and all other relevant bodies following the recent directive on the right to work measures announced for persons in the direct provision system. [29782/18]

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Gerry Adams

Question:

135. Deputy Gerry Adams asked the Minister for Justice and Equality if additional supports will be put in place to assist those living in direct provision who will be eligible to seek a work permit following the recent directive on the right to work measures. [29783/18]

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Gerry Adams

Question:

136. Deputy Gerry Adams asked the Minister for Justice and Equality if only those who have waited more than nine months for a decision on their asylum application would be eligible to receive a work permit further to the recent directive on the right to work measures for persons in the direct provision system; and if the same eligibility will be extended to persons who had already received a decision or had appealed that decision. [29785/18]

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Gerry Adams

Question:

137. Deputy Gerry Adams asked the Minister for Justice and Equality the number of persons in each direct provision centre who will be eligible to apply for a work permit further to the recent directive on the right to work measures announced for persons in the direct provision system; the number of persons who will be deemed ineligible in tabular form; and if he will make a statement on the matter. [29786/18]

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Gerry Adams

Question:

138. Deputy Gerry Adams asked the Minister for Justice and Equality the rationale for asking persons to pay a contribution towards their living in the direct provision system following the recent directive on the right to work measures; the way in which these moneys are to be collected; the person or body to which payment will be made; and if he will make a statement on the matter. [29787/18]

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Written answers

I propose to take Questions Nos. 132 to 138, inclusive, together.

On 28 June last, Minister Stanton and I announced details of the coming into effect of the EU (Recast) Reception Conditions Directive 2013 which includes enhanced access to the labour market for asylum seekers. In summary, eligible applicants will have access to all sectors of employment, with a very small number of exceptions. The Directive has much broader impacts on the wider protection system and includes important provisions in relation to health, education, children’s rights, and material reception conditions including housing, food, clothing and a daily expense allowance. The Directive came into operation on 30th June following my signing into law of the European Communities (Reception Conditions) Regulations 2018 Statutory Instrument giving effect to the various provisions of the Directive.

Under the Regulations, asylum seekers will have access to the labour market nine months from the date when their protection application was lodged if they have not yet received a first instance recommendation from the International Protection Office and if they have cooperated with the process. The permission, which will be issued on my behalf by the Labour Market Access Unit (LMAU) of the Irish Naturalisation and Immigration Service (INIS) covers both employment and self-employment and will be granted to eligible applicants for a six month period, renewable, until there is a final decision on their protection application. The Deputy can be assured that the new labour market permissions will be issued with the same level of efficiency observable in relation to the self-employment permission issued by my officials during the interim period (i.e. a total of 770 applications were received and processed with 534 of those being granted between 9 February and 30 June 2018). Persons issued with a self-employment permission who have not received a first instance decision within 9 months of their protection application being lodged will automatically receive a new labour market permission. Persons that have already obtained a self-employment permission under the temporary scheme will be able to renew that permission, even if they have since received a first instance protection decision and are appealing that decision. The Directive does not apply retrospectively for other applicants who have already had a negative first instance decision and have chosen to appeal that decision.

An information campaign commenced on 28th June to ensure that applicants, employers, trade unions, NGOs and all other relevant bodies are fully informed of the labour market access and eligibility arrangements that apply. The campaign includes a nationwide tour of Accommodation Centres. Full details and an application form are also available on the INIS website (www.inis.gov.ie ).

Supports given by the State to applicants and those under appeal include a range of services not available to other people in the country who are accessing the labour market. We have a responsibility to treat all people equally. As a result of this new reform a situation could arise where a protection applicant with free lodging, food, services including utilities, etc., would be in receipt of the same wage as a colleague who had to pay all their own expenses. This would be inequitable.

State supports are given on the basis of need and means. Now that we have given a broad and generous access to acquiring means, applicants and appellants will be treated on a par with others working in the State. In relation to the requirement that residents in Accommodation Centres make a contribution towards the cost of their accommodation and related supports, this is a fair and proportionate measure. It ensures that residents in State-provided accommodation, who have all services provided, are treated equitably with other workers in Ireland who have rent/mortgages and all of the other costs associated with financing one’s own accommodation. The rule of equity must also apply between protection applicants who are in the accommodation centres and those that are not living in the Centres.

The practical arrangements in relation to collecting the contributions are currently being finalised, however, I would like to emphasise that no Protection Applicant will be required to make any financial contribution in respect of their direct provision accommodation and related supports until they have been in employment (or self-employment) for a period of 12 weeks. When they are in a position to contribute, any such contributions will be on a sliding scale. The maximum such contribution will not exceed the total cost to the State, and there will therefore be no situation in which the State will profit from such contributions. Allowances are being made for situations where a partner is not working, while no parent will be charged for children regardless of their income. Children will also maintain their full allowance in their own right.

Regarding a suggestion that additional supports should be put in place to assist those living in Accommodation Centres seeking a work permit from the Department of Business Enterprise and Innovation, the necessity for seeking a work permit does not arise from 30 June. Instead, those who are nine months without a first instance decision may apply to the Labour Market Access Unit of my Department for a labour market permission. This is a very straightforward process and most applicants and Accommodation Centre staff and NGOs are in a position to provide assistance, if required.

It is important to note that the labour market permission is not restricted to applicants who are residing in Accommodation Centres. Thus my Department is not focused on the number of applicants in each Centre who may be eligible to access the labour market but rather on the overall numbers who are eligible. Accordingly, it is estimated that approximately 3,000 protection applicants will be eligible to apply for the permission.

Participation in the Reception Conditions Directive builds upon the existing programme of reforms to ensure that applicants are treated humanely and with dignity and respect while awaiting a final decision on their protection application.

Data Protection

Questions (139)

Micheál Martin

Question:

139. Deputy Micheál Martin asked the Minister for Justice and Equality the training his Department and agencies under its aegis will receive on GDPR legislation; when it will be completed; and if he will make a statement on the matter. [29851/18]

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Written answers

I want to advise the Deputy that a mandatory GDPR E-learning course was rolled out to all staff in my Department, as well as a number of agencies under my aegis, in early May 2018. The course, tailored to the needs of the Department, provided a comprehensive overview of the legislation as well as outlining the critical role staff have in protecting personal data. Approximately 90% of staff have successfully completed the training to date. A number of staff in the Data Protection Support and Compliance Office have also undertaken more specialist training in this area. I have asked agencies under my Department's aegis who operate their own data protection policy arrangements to reply directly to the Deputy on the matter.

I note also that the Department of Public Expenditure and Reform have issued a request for tenders in relation to the award of a contract for the provision of services to deliver customised training for Data Protection Officers within the civil service and bodies across the public sector. I understand that the submitted tenders have been assessed and the winning tenderer will be notified shortly.

Garda Síochána Ombudsman Commission Administration

Questions (140, 141, 142)

Donnchadh Ó Laoghaire

Question:

140. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of judicial reviews GSOC has been subject to in each year since 2012; the number settled; the number in which GSOC has been successful; and the number of judicial reviews that had a finding against GSOC. [29866/18]

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Donnchadh Ó Laoghaire

Question:

141. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the nature of the judicial reviews against GSOC which have now been completed. [29867/18]

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Donnchadh Ó Laoghaire

Question:

142. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of judicial reviews against GSOC pending or before the courts. [29868/18]

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Written answers

I propose to take Questions Nos. 140 to 142, inclusive, together.

As the Deputy is aware, the degree to which GSOC operates independently in the discharge of their functions is clearly set out in the Garda Síochána Act, 2005.

In terms of establishing the independence of its function, Section 67 of the Garda Síochána Act grants the Commission all powers that are necessary for, or incidental to, the performance of its functions; grants that the Commission shall be independent in the performance of its functions and grants that the chairperson of the Ombudsman Commission shall manage and control generally the officers, administration and business of the Commission. This includes the management of legal actions where GSOC are the named party and are required to mount a defence in the courts.

On this basis, the information sought by the Deputy is currently not to hand. A request has been made to the Ombudsman Commission and when the information is received I will write to the Deputy directly.

Garda Síochána Ombudsman Commission

Questions (143, 144, 145)

Donnchadh Ó Laoghaire

Question:

143. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality further to Parliamentary Question No. 147 of 10 May 2018, if the strategic information request received by GSOC relating to the incident outlined that there had been a single discharge of a firearm or if there had been more than one discharge. [29869/18]

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Donnchadh Ó Laoghaire

Question:

144. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of staff attached to the Longford GSOC office by year. [29870/18]

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Donnchadh Ó Laoghaire

Question:

145. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the areas for which each of the GSOC offices have responsibility. [29871/18]

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Written answers

I propose to take Questions Nos. 143 to 145, inclusive, together.

From the outset, the Deputy should note that section 67 of the Garda Síochána Act 2005 clearly sets out the degree to which GSOC operates independently in the discharge of their functions.

In terms of establishing the independence of its function, the Act grants the Commission all powers that are necessary for, or incidental to, the performance of its functions; grants that the Commission shall be independent in the performance of its functions and grants that the chairperson of the Ombudsman Commission shall manage and control generally the officers, administration and business of the Commission.

As the required information would not typically be retained within the Department observations were sought from the Commission in order to respond to the Deputy's question.

In response to Question 148, GSOC advised that the strategic information request received in relation to the incident outlined in Question 147 of 10 May 2018 informed them that there had been a single discharge of a firearm. As you are aware, there was no public interest investigation into this matter to which you referred as, after weighing the circumstances of the incident and considering the available information, the Ombudsman Commission decided that an investigation in the public interest was not warranted on this occasion.

With regards to Question 149, relating to the number of staff attached to the Longford GSOC office by year, I have been informed that the Commission originally assigned 5 staff members to its Longford Office when it was established at the IDA Business Park, Ballinalee Road, Longford in February 2009. In Early 2013, the number of staff was increased to 6 and this remains the number of staff currently assigned to GSOC's Longford Office.

In relation to Question 150, I can advise the Deputy that the regional GSOC offices do not have a strictly defined responsibility for any particular geographic area. GSOC teams are required to be flexible to meet case demands in whatever area of the country is necessary, depending on operational need and available resources. However to ensure the most effective and efficient use of GSOC resources, where possible, cases are assigned to the regional office where the majority of the investigative work on a given case may be required.

The manner in which cases are allocated is separate from the Commission's on-call service when responding to an incident that is the subject of a referral from the Garda Síochána under section 102 of the Act. In this instance, it is required that the investigation team rostered for on-call duty must respond to any referrals as they arise. This may result in the on-call team handling an investigation at any location within the state, regardless of geographic proximity to where they are usually based.

Furthermore, a particular investigator or team may also be deployed to work away from their usual office location due to having a particular skill, training or area of expertise that would assist in a particular investigation. In short, the three GSOC offices have responsibility for the entire country.

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