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Tuesday, 10 Jul 2018

Written Answers Nos. 320-344

Criminal Prosecutions Data

Questions (320)

Mattie McGrath

Question:

320. Deputy Mattie McGrath asked the Minister for Justice and Equality the status of the operation of the Criminal Law (Human Trafficking) Act 2008; the number of prosecutions and convictions that have arisen in each of the past six years; and if he will make a statement on the matter. [30746/18]

View answer

Written answers

The Criminal Law (Human Trafficking) Act 2008 was commenced in June 2008 and specifically prohibits trafficking for sexual and labour exploitation, including sex trafficking and forced labour.

It is the main law relating to human trafficking in Ireland; other relevant legislation includes the Criminal Law (Human Trafficking) (Amendment) Act 2013, and the Criminal Law (Sexual Offences) Act 2017.

The Anti-Human Trafficking Unit of my Department publishes reports annually which include details of prosecutions and convictions under the 2008 Act, and for other offences where human trafficking has been investigated. The information in these Annual Reports is based on material provided by An Garda Síochána. Information drawn from those reports and preliminary information with regard to 2017 (which report has yet to be published) is included in the table below. All annual reports to date and further information on human trafficking is available at the Government's Anti-Human Trafficking hub, www.blueblindfold.gov.ie.

The 2008 Act includes, at section 3, an amendment to the Child Trafficking and Pornography Act 1998. The vast majority of prosecutions, and all of the convictions to date, listed in the table below, relate to offences under this section, which generally involves the non-commercial sexual exploitation of a child, and is not regarded as human trafficking.

Those figures in brackets in the below table refer to prosecutions under section 4 of the 2008 Act, and relate to crimes which are regarded as human trafficking. Though there have not been any convictions to date for offences under this section, I am satisfied that this Act and the other legislation referred to, combined with the disruption caused to traffickers by Garda action,  are an effective tool in the fight against trafficking.

Note that for any given year the figures below relate to prosecutions commenced in that year; in a small number of cases more than one individual is being prosecuted.

 

2012 

 2013

 2014

 2015

 2016

 2017

 Prosecutions

 13

 16

 13

 16

 18 (2)

 25 (4)

 Convictions

 4

 8

 10

 11

 6

 9

Criminal Prosecutions Data

Questions (321)

Mattie McGrath

Question:

321. Deputy Mattie McGrath asked the Minister for Justice and Equality the status of the operation of the Sexual Offences (Jurisdiction) Act 1996; the number of prosecutions and convictions that have arisen in each of the past six years; and if he will make a statement on the matter. [30747/18]

View answer

Written answers

The Deputy will appreciate that prosecutions are solely a matter for the Director of Public Prosecutions (DPP) and I have no role in this regard. However, in terms of the operation of the Sexual Offences (Jurisdiction) Act 1996, I have requested a report from the Garda authorities on this matter and I will contact the Deputy directly when the report is to hand.

Family Law Cases

Questions (322)

Jackie Cahill

Question:

322. Deputy Jackie Cahill asked the Minister for Justice and Equality the reason the Circuit Family Court, which was due to sit in Clonmel, County Tipperary, from 3 to 6 July 2018, inclusive, had no judge available, which resulted in the cases due to heard adjourned until October 2018 with resulting damage to children and families due to the delay; and if he will make a statement on the matter. [30757/18]

View answer

Written answers

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. Furthermore, the scheduling of Circuit Court cases and the allocation of court business are matters for the President of the Circuit Court and the presiding judge who are, under the Constitution, independent in the exercise of their judicial functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that there are currently a number of Circuit Court judges unavailable for sittings due to illness and therefore there was not enough judges to deal with all of the courts that had been scheduled. It should be noted that currently there are no vacancies in the Circuit Court.

The Courts Service has informed me that every effort is made to keep the number of cancelled sittings to a minimum and that family law cases are prioritised after criminal hearings. The Courts Service has further advised that the matter will be kept under ongoing review and that every effort will continue to be made to support court sittings.

Probation and Welfare Service

Questions (323)

Fiona O'Loughlin

Question:

323. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the duties carried out in an office (details supplied); and if he will make a statement on the matter. [30770/18]

View answer

Written answers

The Office of Public Works (OPW) is currently refurbishing the former Department of Social Protection office on Eyre Street, Newbridge, Co. Kildare for the use by the Probation Service Kildare Team. It is expected that this office will become operational in the coming months.

The Probation Service is the lead agency in the assessment and management of offenders in our communities. It has a national remit with services delivered locally by staff based in 35 community based offices across the country. Its work involves managing orders of the Criminal Courts through the supervision of offenders in the community. Through its work in offender rehabilitation, it contributes to bringing about safer communities and fewer victims.

Spent Convictions

Questions (324)

Thomas Byrne

Question:

324. Deputy Thomas Byrne asked the Minister for Justice and Equality the circumstances under which convictions become spent and will not appear in a Garda clearance. [30782/18]

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Written answers

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

The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 sets out in detail the arrangements in law whereby certain past convictions may not be disclosed and may be regarded as spent. This Act made a series of amendments to the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 in respect of the arrangements for the disclosure or otherwise of past convictions in the context of the vetting process.

Generally speaking, the Act provides that in certain circumstances and in respect of certain offences a person is not obliged to disclose convictions which are over seven years old. I would emphasise that these arrangements are subject to specified limitations and these are detailed in the 2016 Act. It should be noted in particular that sexual offences or convictions in the Central Criminal Court are not eligible to become spent convictions.

These provisions are applied by the National Vetting Bureau in the context of processing all vetting applications.

Immigration Policy

Questions (325)

Thomas P. Broughan

Question:

325. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the steps he will take regarding the recent agreement at the European Council regarding migration flows into Europe; and if he will make a statement on the matter. [30857/18]

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Written answers

In its conclusions of 28 June the European Council, following a meeting which was attended by the Taoiseach, reconfirmed that a functioning EU policy on migration relies on a comprehensive approach to migration which combines effective controls of the EU's external borders, increased external action as well as the internal aspects of migration.

In order to break the business model of the smugglers and prevent loss of life at sea, the Council agreed that a new approach is required to the disembarkation of those who are saved in Search and Rescue operations. In this regard, the European Council called on the Council and the Commission to explore the concept of regional disembarkation platforms, in cooperation with third countries as well as UNHCR and the International Organisation for Migration (IOM). Furthermore, the European Council agreed to set up 'controlled centres' in willing Member States to allow for rapid processing to distinguish between irregular migrants and those in need of international protection.

These measures are at the very early stages of development. I and my officials will play an active role in any discussions on their development and the Council itself confirmed in its Conclusions that any centres established must operate in full compliance with international law.

The European Council also called on Member States to contribute further to the EU Trust Fund for Africa. In this regard, Ireland has pledged a further €9 million to the Fund in addition to the €6 million already pledged bringing Ireland's total contribution to the Fund to €15 million. This is the third highest level per capita of any EU Member State.

Garda Operations

Questions (326, 327)

Thomas P. Broughan

Question:

326. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will contact the Garda authorities and request that they have a zero tolerance approach to anti-social behaviour, drug taking and alcohol drinking in public places around O'Connell Street, Dublin 1, and surrounding streets, especially during the peak summer months; and if he will make a statement on the matter. [30858/18]

View answer

Thomas P. Broughan

Question:

327. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will contact the Garda authorities and request that they have a zero tolerance approach to alcohol-related crime, especially during night-time economy around the Temple Bar area and surrounding streets, in particular during the peak summer months; and if he will make a statement on the matter. [30859/18]

View answer

Written answers

I propose to take Questions Nos. 326 and 327 together.

As the Deputy will appreciate, the allocation of all Garda resources, including personnel, is solely a matter for the Garda Commissioner and his management team and I have no direct role in this regard. However, I can assure the Deputy that An Garda Síochána continue to take all forms of anti-social and drug-related behaviour very seriously. An Garda Síochána continue to monitor all new and emerging crime trends in our communities, particularly in the summer months and deploy Garda resources accordingly to address any problems that arise.

Working with communities to tackle public disorder and reduce anti-social behaviour remains a key priority for An Garda Síochána. This approach includes a strong focus on quality of life issues and collaboration with local authorities to help address the causes of anti-social behaviour. I might add that there is a range of strong legislative provisions available to An Garda Síochána to combat anti-social behaviour, including provisions under the Criminal Justice (Public Order) Acts, the Criminal Damage Act and the Intoxicating Liquor Acts. There are also the incremental provisions contained in the Criminal Justice Act 2006 which provide, in Part 11, for warnings and civil proceedings in relation to anti-social behaviour by adults and, in Part 13 of the Act, for warnings, good behaviour contracts and civil proceedings in relation to anti-social behaviour by children.

Anti-social behaviour has no place in a civilised society. For its part, the Government remains committed to ensuring that An Garda Síochána have all the necessary resources to tackle all forms of criminality in our communities. In this context, the Deputy will be aware that a very substantial budget of €1.65 billion has been allocated to the Garda Vote for 2018 and €98.5m has been provided for Garda overtime for 2018, which inter alia supports Garda activity to tackle these types of problems.

While An Garda Síochána will continue to tackle these problems head-on, they cannot eradicate the problem of anti-social behaviour alone. Specifically in relation to young offenders, it is also up to us as adults, particularly the parents and guardians of our young, to ensure that children are raised to be respectful and law-abiding. These lessons begin in the home, are further reinforced in our schools and then by wider society in general. We must all work together to ensure that such behaviour is never normalised and is tackled immediately.

Clearly, Garda visibility is very important and this Government remains 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 this end, the House will be aware that 800 Garda trainees are scheduled to attest during 2018, some 200 of whom attested in March, with a further 200 attesting recently. The new recruits are visible proof of the Government’s commitment to an overall Garda workforce of 21,000 personnel by 2021 including 15,000 Garda members.

Garda Transport Provision

Questions (328)

Thomas P. Broughan

Question:

328. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if additional funding will be provided to purchase additional Garda vehicles between July 2018 and year end; if so, the number of vehicles that will be purchased; when those vehicles will be brought into the fleet; and if he will make a statement on the matter. [30860/18]

View answer

Written answers

As the Deputy will be aware, the Government's Capital Plan 2016 – 2021 provides €46 million for investment in the Garda fleet, to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet. This is in addition to the investment of almost €30 million in the period 2013 to 2015. In total, in the period 2013 to 2017, almost €44 million has been invested in the fleet with some 2,000 vehicles coming on stream.

As the Deputy will appreciate, decisions in relation to the allocation of Garda vehicles are a matter for the Garda Commissioner in the light of his identified operational demands and the availability of resources. As Minister, I have no direct role in the matter.

I am informed by the Garda authorities that €4.7 million has been made available in 2018 to An Garda Síochána for the purchase of new vehicles for the fleet.  I am further informed that it is intended to purchase some 260 vehicles during 2018 as a whole.  The allocation of these vehicles will be decided following delivery and fit-out in accordance with operational needs.

I am further informed that this budget is fully committed and there is no plan to allocate further funding this year.

Garda Transport Data

Questions (329)

Thomas P. Broughan

Question:

329. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of marked and unmarked Garda cars, vans and motorcycles that were attached to north Dublin roads policing unit as of 30 June 2016, 2017 and 2018; and if he will make a statement on the matter. [30861/18]

View answer

Written answers

There has been very significant investment in Garda resources across the State in recent years.  The Government's Capital Plan 2016 – 2021 provides €46 million for investment in the Garda fleet, to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet. This is in addition to the investment of almost €30 million in the period 2013 to 2015. Indeed in the period 2013 to the end of 2017 almost €44 million has been invested in the fleet with some 2,000 vehicles coming on stream in that period to ensure that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.

As the Deputy will appreciate, decisions in relation to the provision and allocation of Garda vehicles across the various Garda divisions are a matter for the Garda Commissioner in the light of his identified operational demands and the availability of resources. As Minister, I have no role in that matter.

I understand that Garda management keeps the 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 responsibility for the efficient deployment of all official Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations as required by operational requirements.

I am informed by the Garda authorities that the North Dublin Roads Policing Unit is part of

Ballymun District in Dublin Metropolitan Region (DMR) North Division.  The number of marked and unmarked Garda cars, vans and motorcycles that were attached to Ballymun District as of 31 December 2016, 31 December 2017 and 5 July 2018 respectively is set out in the following table.

 

Cars

 

 

Vans

 

 

Motorcycles

 

 

Total

 

Marked

Unmarked

Total

Marked

Unmarked

Total

Marked

Unmarked

Total

 

2016

20

18

38

5

4

9

0

1

1

48

2017

18

24

42

2

10

12

0

1

1

45

2018 (as at 5 July)

10

20

30

7

10

17

0

1

1

48

Immigration Data

Questions (330)

Thomas P. Broughan

Question:

330. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of persons refused permission to enter the State via Dublin Airport and Dublin Port in each of the years 2015 to 2017 and to date in 2018; and if he will make a statement on the matter. [30866/18]

View answer

Written answers

I wish to advise the Deputy that it has not been possible in the time available to provide the details requested. I have requested An Garda Síochána to compile the necessary information and I will revert to the Deputy as soon as possible.

Garda Training

Questions (331)

Thomas P. Broughan

Question:

331. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of gardaí who took the motorcycle course in each of the years 2014 to 2017 and to date in 2018; the duration of the course; the frequency with which this course is held; and if he will make a statement on the matter. [30867/18]

View answer

Written answers

As you will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána including by arranging for the training of the members and civilian staff of An Garda Síochána and I, as Minister, have no direct role in the matter.

I have requested the specific information sought by the Deputy from the Commissioner and I will write to him directly on receipt of same.

The deferred reply under Standing Order 42A was forwarded to the Deputy.

Garda Civilian Staff Data

Questions (332, 341)

Maurice Quinlivan

Question:

332. Deputy Maurice Quinlivan asked the Minister for Justice and Equality the number of civilian staff per Garda station in tabular form; and if he will make a statement on the matter. [30873/18]

View answer

Jim O'Callaghan

Question:

341. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of gardaí in each Garda division as of 1 July 2018; the number of community gardaí in each division; the number of Garda Reserve in each division; the number of civilian staff in each division in tabular form; and if he will make a statement on the matter. [31041/18]

View answer

Written answers

I propose to take Questions Nos. 332 and 341 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.

I am informed by the Commissioner that the overall Garda strength on 31 May 2018, the latest date for which information is readily available, was 13,604. There are also 558 Garda Reserves and more than 2,300 civilians attached to An Garda Síochána. 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.

I am informed by the Commissioner that since the reopening of the Garda College in September 2014, almost 2,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. 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 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. In total, 800 Garda trainees are scheduled to attest during the year, 400 of whom have attested to date. Further, Garda numbers, taking account of projected retirements, are on track to 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 to increase Garda visibility in our communities and to support all Garda activity including Community Policing.

For the Deputy's information, I have set out in the attached tables the number of Gardaí, Community Gardaí, Garda Reserve in each Division and Civilian Staff in each Garda Station, as of the 31 May 2018, the latest date for which figures are available.

Civilian by Station

Station

31 May 2018

D.M.R.S.C.

Kevin Street

7

Kilmainham

2

Pearse St

18

Harcourt Tce

0

Donnybrook

5

Irishtown

2

Command and Control

34

Total

68

DMR NC

Store Street

16

Bridewell

13

Fitzgibbon Street

9

Mountjoy

4

Total

42

DMR NORTH

Santry (Garda Reserve)

0

Santry (Central Stores)

0

Santry

3

D/Airport

1

Whitehall

0

Ballymun

8

Raheny

7

Clontarf

1

Howth

1

Coolock

11

Swords

3

Malahide

1

Balbriggan

6

Skerries

1

Total

43

DMR EAST

Dun Laoghaire

11

Dalkey

0

Cabinteely

1

Shankill

2

Blackrock

8

Dundrum

3

Stepaside

0

Kill-O-Grange

0

Total

25

DMR SOUTH

Crumlin

10

Sundrive Road

3

Tallaght

15

Rathfarnham

1

Rathmines

2

Terenure

5

Total

36

DMR WEST

Cabra

3

Finglas

4

Blanchardstown

21

Lucan

10

Ronanstown

2

Ballyfermot

3

Clondalkin

11

Rathcoole

1

Driving School (Ashtown Gate)

0

Total

55

Waterford

Waterford

22

Dungarvan

5

Lismore

1

Kilmacthomas

1

Tramore

4

Total

33

Wexford

Wexford

14

Enniscorthy

7

Blackwater

1

Gorey

5

New Ross

4

Duncannon

1

Total

32

Tipperary

Tipperary

3

Clonmel

8

Borrisokane

0

Templemore

3

Nenagh

6

Roscrea

1

Carrick-on-suir

1

Cahir

5

Cashel

1

Thurles

13

Total

41

Kilkenny/Carlow

Kilkenny

17

Thomastown

4

Tullow

1

Castlecomer

0

Graiguenamanagh

1

Mooncoin

1

Bagnelstown

1

Carlow

8

Total

33

Cork City

Anglesea Street

39

Barrack Street

0

Blackrock

1

Bridewell

2

Mayfield

4

McCurtain/ Watercourse Road

5

Mallow Road

0

Togher

7

Bishopstown

2

Douglas

2

Carraigaline

1

Ballincollig

1

Blarney

1

Gurranbraher

6

Total

71

Cork North

Fermoy

9

Cobh

3

Glanmire

1

Mallow

7

Charleville

1

Mitchelstown

2

Kanturk

2

Youghal

1

Midleton

7

Total

33

Cork West

Bandon

13

Skibbereen

1

Bantry

4

Clonakilty

2

Kanturk

0

Millstreet

1

Macroom

5

Kinsale

1

Total

27

Kerry

Tralee

15

Dingle

1

Ballybunion

1

Cahirciveen

1

Killarney

8

Castleisland

3

Listowel

6

Killorglin

1

Total

36

Limerick

Henry Street

22

Mary Street

0

Askeaton

3

Mayorstone

4

Rathkeale

1

Roxboro Road

14

Newcastlewest

5

Abbeyfeale

1

Bruff

3

Kilmallock

1

Total

54

Donegal

Letterkenny

15

Donegal

1

Lifford

1

Ballybofey

1

Buncrana

5

Bundoran

0

Carndonagh

1

Ballyshannon

3

Milford

5

Glenties

3

Total

35

Cavan/Monaghan

Cavan

7

Bailieboro

7

Ballyconnell

4

Castleblaney

1

Monaghan

14

Carrickmacross

6

Total

39

Sligo/Leitrim

Sligo

18

Tubbercurry

1

Ballymote

5

Carrick-On-Shannon

6

Manorhamilton

1

Total

31

[Table cont]

Louth

Drogheda

14

Dundalk

11

Drumad

1

Ardee

4

Dunleer

1

Total

31

Clare

Ennis

21

Shannon

2

Kilrush

3

Killaloe

2

Scariff

1

Ennistymon

4

Total

33

Mayo

Castlebar

10

Ballina

6

Belmullet

3

Claremorris

6

Ballyhaunis

1

Ballinrobe

1

Swinford

2

Westport

5

Total

34

Galway

Millstreet

25

PSV Tuam Road

0

PSV Oranmore

1

Oranmore

4

Athenry

1

Salthill

4

Clifden

2

Gort

2

Loughrea

6

Portumna

1

Ballinasloe

6

Mountbellew

0

Tuam

7

Dunmore

1

Total

60

Roscommon/Longford

Roscommon

10

Mountbellew

0

Clonark

1

Boyle

0

Castlerea

7

Granard

4

Longford

8

Lanesboro

1

Ballymahon

1

Total

32

Westmeath

Athlone

7

Mullingar

16

Moate

1

Total

24

Meath

Navan

7

Athlumney House

4

Enfield

1

Kells

5

Dunboyne

0

Trim

6

Ashbourne

6

Dunshaughlin

1

Laytown

0

Total

30

Kildare

Naas

13

Leixlip

6

Celbridge

0

Maynooth

1

Kildare

5

Newbridge

3

Athy

2

Total

30

Laois/Offaly

Abbeyleix

1

Portarlington

0

Edenderry

1

Banagher

1

Birr

4

Tullamore

4

Portlaoise

14

Total

25

Wicklow

Bray

12

Ashford

0

Blessington

1

Baltinglass

4

Greystones

1

[Table cont]

Gardaí Strength as on 31 May 2018

DIVISION

No of Gardaí

Of whom are Community Gardaí

Garda Reserves 

Civilian Staff

D.M.R. EAST  

368

33

8

25

D.M.R. NORTH  

677

51

42

43

D.M.R. NORTH CENTRAL  

643

90

35

42

D.M.R. SOUTH  

532

48

17

36

D.M.R. SOUTH CENTRAL  

624

29

35

68

D.M.R. WEST  

671

68

26

55

KILDARE  

365

4

18

30

LAOIS / OFFALY  

345

2

16

25

MEATH  

310

8

16

30

WESTMEATH  

268

11

12

24

WICKLOW  

306

13

20

27

CAVAN / MONAGHAN  

344

2

11

39

DONEGAL  

393

2

14

35

LOUTH  

312

11

23

31

SLIGO / LEITRIM  

302

6

16

31

KILKENNY/CARLOW  

332

106

26

33

TIPPERARY  

397

73

16

41

WATERFORD  

305

35

19

33

WEXFORD  

293

6

17

32

CORK CITY  

678

28

42

71

CORK NORTH  

324

5

12

33

CORK WEST  

297

4

8

27

KERRY  

325

9

20

36

LIMERICK  

564

36

26

54

CLARE  

314

8

6

33

GALWAY  

576

14

31

60

MAYO  

327

3

19

34

ROSCOMMON / LONGFORD  

310

10

7

32

Asylum Seeker Employment

Questions (333)

Catherine Martin

Question:

333. Deputy Catherine Martin asked the Minister for Justice and Equality the number of residents of direct provision centres eligible to apply for the right to work under the EU (recast) reception conditions directive, 2013/33/EU. [30897/18]

View answer

Written answers

The EU (recast) Reception Conditions Directive 2013 (2013/33/EU) came into operation on 30 June following my signing into law of the European Communities (Reception Conditions) Regulations 2018 giving effect to the various provisions of the Directive.

In relation to access to the labour market, 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 Accommodation Centres 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.

Asylum Seeker Employment

Questions (334)

Catherine Martin

Question:

334. Deputy Catherine Martin asked the Minister for Justice and Equality if an asylum seeker who has been granted international protection self-employment permission may employ or enter into partnership with another asylum seeker; if this practice is restricted; if so, if this is compliant with the EU (recast) reception conditions directive, 2013/33/EU; and the relevant section that allows for such a restriction. [30899/18]

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Written answers

Article 15(2) of the EU (recast) Reception Conditions Directive (2013/33/EU) allows for Member States to decide the conditions for granting access to the labour market for applicants for International Protection, in accordance with national law. Under the European Communities (Reception Conditions) Regulations 2018, which transposes the Directive into Irish law, applicants for International Protection who have been granted a labour market access permission and who are self-employed cannot employ any person or carry on a business in partnership with another person.

As I am sure the Deputy will appreciate, every individual applicant is at different stage in the international protection determination process and the temporary permission to access the labour market expires as soon as the applicant receives a final decision on their application, i.e, after all appeals procedures have been exhausted. Restricting applicants from employing any other person or carrying on a business in partnership with another person, including another applicant, recognises the applicant's temporary permission to access the labour market. This protects potential employees or partners from a situation where an applicant's labour market permission expires, is otherwise withdrawn or partners who ends up with different outcomes of the protection process.

Gambling Legislation

Questions (335)

Niall Collins

Question:

335. Deputy Niall Collins asked the Minister for Justice and Equality his plans to establish a regulator; his views on a media report (details supplied); and if he will make a statement on the matter. [30916/18]

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Written answers

The Deputy will be aware that Government, on 10 January, 2018, approved the updating of the 2013 General Scheme of the Gambling Control Bill. The proposed updating follows on from the review work undertaken in the Department of Justice and Equality and consultations with interested stakeholders. Changes to the Scheme will be subject to further consultations with the Office of the Attorney General and other relevant Departments.

The key element of the Government Decision of 10 January 2018 is the establishment of a new gambling regulatory authority as an independent statutory body under the auspices of the Department of Justice and Equality.

This approach to independent regulation is, I believe, critical for the development of modern gambling legislation. It mirrors the situation in most EU Member States and would bring Ireland in line with best international practice.

An independent regulator would offer assurance that decision-making would be free from any potentially undue influence.

Effective modern licensing, regulation and enforcement of the gambling industry will require additional significant resources, primarily for the operation of the new regulatory authority. Similar authorities in other EU Member States involve significant staff numbers and IT provision.

In the context of reviewing and updating the General Scheme in all necessary aspects, a Working Group, chaired by myself, comprising all stakeholder Departments, relevant Offices and the Office of the Attorney General has been meeting since February 2018.

I expect the Group to submit its report to Government in early Autumn, with work on a revised General Scheme to follow thereafter.

I am aware of the media report referred to by the Deputy and I am confident that the measures I will bring forward will help to address the issues contained therein.

Garda Accommodation

Questions (336)

Seán Sherlock

Question:

336. Deputy Sean Sherlock asked the Minister for Justice and Equality if there is a budget allocation to refurbish and make habitable official Garda living accommodation. [30919/18]

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Written answers

As the Deputy will be aware, it is the Garda Commissioner who is responsible for managing and controlling generally the administration and business of An Garda Síochána. Further, the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close co-operation with the Office of Public Works. As Minister, I have no direct role in these matters.

There has been very significant investment in Garda resources across the State in recent years. Considerable efforts are being made by the Government to enhance the working environment generally for members of An Garda Síochána and major investment has been committed under the Capital Plan 2016-2021 to upgrade Garda premises.

The Garda Station Building and Refurbishment Programme 2016-2021 is an ambitious 5 year programme, based on agreed Garda priorities, that will benefit over thirty locations around the country and includes over €60 million of Exchequer funding as part of Government’s Capital Plan 2016 – 2021 as well as a major Public Private Partnership project.

The programme is providing new stations and modernising older stations at key locations around the country, ensuring safe, modern working environment for members and staff of An Garda Síochána as well as fit-for-purpose facilities for visitors, victims and suspects. The works carried out at each location are agreed on a case-by-case basis as between OPW and An Garda Síochána.

In addition to the Building and Refurbishment Programme, I am informed by the Garda authorities almost €650,000 is available in the Garda Vote for 2018 for minor maintenance works, including fire protection, throughout the Garda estate. I am informed that there is no specific budget allocated to refurbish official Garda living accommodation. Applications for refurbishment of properties in the Garda estate, including official accommodation, are made by Divisional Officers and are assessed with having regard to the overall accommodation requirements of An Garda Síochána and the budget available.

International Agreements

Questions (337)

Jan O'Sullivan

Question:

337. Deputy Jan O'Sullivan asked the Minister for Justice and Equality when Ireland plans to ratify the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse; and if he will make a statement on the matter. [30920/18]

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Written answers

Significant progress has been made in the preparations for ratification of the European Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, also known as the 'Lanzarote Convention'.

Last year saw the enactment of the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017 which formed an important step in ensuring that Irish law is fully compatible with the Convention. The Criminal Law (Sexual Offences) Act 2017 created new offences around the online sexual grooming of children and strengthened existing laws relating to child pornography. The Criminal Justice (Victims of Crime Act) 2017 has also enhanced protections for victims of these crimes.

In addition, a detailed review of Ireland’s compliance with the Convention is being conducted with a view to identifying any barriers to ratification. As part of this review, my Department has engaged with the Department of Children and Youth Affairs with respect to the prevention and protection aspects of the Convention. The views of a number of other relevant Government Departments and agencies have also been sought. Once the review is complete and it is assessed that Ireland can fully meet the requirements of the Convention, the necessary formal steps towards ratification will be taken.

Parental Leave

Questions (338)

Robert Troy

Question:

338. Deputy Robert Troy asked the Minister for Justice and Equality the status of the Parental Leave (Amendment) Bill 2017, which was referred to the Dáil Select Committee on Justice and Equality; the status of proposals to amend parental leave laws being dealt with by the interdepartmental working group; and if he will make a statement on the matter. [30975/18]

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Written answers

The Programme for Partnership Government includes a commitment to increase paid parental leave during the first year of a child’s life, as research shows that parental care is of particular importance in the first year of life. To further this commitment, the Government established an interdepartmental group to consider the matter. The interdepartmental group has almost completed its work on developing a policy approach to implement the Programme commitments, and is in the process of putting the final touches to its report.

Separately, the Parental Leave (Amendment) Bill 2017, which provides for the expansion of unpaid leave from 18 to 26 weeks, completed Report Stage in Dáil Éireann on 13 June.

Gambling Legislation

Questions (339)

Paul Kehoe

Question:

339. Deputy Paul Kehoe asked the Minister for Justice and Equality the status of the Gambling Control Bill 2018; when it will proceed; and if he will make a statement on the matter. [31026/18]

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Written answers

The Deputy will be aware that the Gambling Control Bill 2018 is a Private Member’s Bill sponsored by Deputies Jim O’Callaghan, Jack Chambers and Anne Rabbitte. I am therefore not in a position to comment on the status of this Bill.

The Government did not oppose this Bill, which is a replication of the General Scheme of the Gambling Control Bill approved by the Government in 2013, when it was introduced to the Dáil for Second Stage on 9 May 2018.

The Government, on 10 January, 2018, had approved the updating of the 2013 General Scheme. The proposed updating follows on from the review work undertaken in the Department of Justice and Equality and consultations with interested stakeholders. Changes to the Scheme will be subject to further consultations with the Office of the Attorney General and other relevant Departments.

The key element of the Government Decision of 10 January 2018 is the establishment of a new gambling regulatory authority as an independent statutory body under the auspices of the Department of Justice and Equality.

In the context of reviewing and updating the General Scheme in all necessary aspects, a Working Group, chaired by myself, comprising all stakeholder Departments, relevant Offices and the Office of the Attorney General has been meeting since February 2018. The work undertaken by the Group will assist in identifying new or emerging legislative and policy issues not currently represented in the original General Scheme and which may need to be addressed in new legislation.

I expect the Group to submit its report to Government in early Autumn, with work on a revised General Scheme to follow thereafter.

Legal Services Regulation

Questions (340)

Clare Daly

Question:

340. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 404 of 13 July 2017, if his attention has been drawn to the fact that the position of the Legal Services Regulatory Authority in regard to the recoupment of public moneys extended to it to date is that these funds are non-recoupable (details supplied); if the position in regard to whether these moneys will be recouped by the State will be clarified; and if so, when. [31036/18]

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Written answers

The matters raised by the Deputy are among those that are being dealt with by officials of my Department in conjunction with their counterparts at the Legal Services Regulatory Authority in supporting the continuing roll-out of the Authority's functions under the Legal Services Regulation Act 2015. They are also matters on which I can assure the Deputy both my Department and the Authority are in ongoing discussion with the Department of Public Expenditure and Reform.

As had been reflected in my Written Reply to Question No. 404 of 13 July 2017, the Authority has been supported in this endeavour by an advance of €1 million during each of the years 2016 and 2017 from my Department's Vote and a similar allocation of €1 million has been made for the current year. These advances are being made, as provided under section 32 of the 2015 Act, with the consent of the Minister for Public Expenditure and Reform for the purposes of expenditure by the Authority in the performance of its functions. As also reflected in that Written Reply and since set out in more detail in the Authority's published Annual Report for 2017, the Authority spent its first year completing a series of statutory and time-bound reports and public consultations while also establishing a start-up office and recruiting its first full-time Chief Executive who was appointed in November 2017.

As part of the roll-out of the 2015 Act, a number of legal and technical issues have arisen in relation to the practical application of the funding framework that the Act provides. These provisions were intended, from a policy perspective, to provide the means whereby the Authority, having been funded for an initial and short start-up period on a recoupable basis, could then become self-funding in the longer term. This would be achieved by means of a levy based on actual expenditure by the Authority in the immediately preceding financial year and raised from those legal practitioners being regulated in the terms currently set out in Part 7 of the 2015 Act. The fact that the effective roll-out of the Authority's remaining functions will require substantially more time than initially considered and that the levy also needs time to generate actual income have revealed a potential gap in the original model of recoupability that now needs to be reconsidered and resolved. This is made more complex because the levy is also intrinsically linked, in its application, to a number of other measures including the current work of the Authority in setting-up the Roll of Practising Barristers in support of which I recently commenced the necessary provisions of Part 9 of the 2015 Act.

My Department has, therefore, acknowledged the Authority's position, which it has reflected in its risk register, that the levy provisions as drafted in the 2015 Act may not, in their practical implementation and in the transpiring circumstances of the start-up, provide an adequate source of funding to the Authority and may not similarly provide for the recoupability of advances as may originally have been foreseen. My Department has also been informed by the Authority that it has engaged a financial consultant to examine the current levy provisions and to provide an expert economic/financial opinion on them. This is expected to be provided soon and will be given early and detailed consideration by my Department and the Authority in conjunction with the Department of Public Expenditure and Reform who are, as I have said, aware of the issues concerned. Both my Department and the Authority are committed, on that basis, to the prompt and robust analysis and examination of the funding provisions within the 2015 Act to ensure that there is a sustainable levy-based framework under which the Authority is sufficiently funded going forward to fulfil its broad remit as a new regulatory body. We also wish to ensure that there is no setback to the progress it has made to date and to the important programme of reform it has undertaken under its Strategic Plan for 2018-2020. Along with the relevant officials of my Department I will, therefore, be giving detailed consideration to any necessary measures proposed including legislative amendments or refinements, if any, that may be considered appropriate.

Question No. 341 answered with Question No. 332.

Statelessness Determination Process

Questions (342, 343, 344)

Eamon Ryan

Question:

342. Deputy Eamon Ryan asked the Minister for Justice and Equality the number of individual applications for recognition of statelessness that have been received. [31046/18]

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Eamon Ryan

Question:

343. Deputy Eamon Ryan asked the Minister for Justice and Equality the number of individual applications for recognition of statelessness that were granted in each of the years 2015 to 2017 and to date in 2018. [31047/18]

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Eamon Ryan

Question:

344. Deputy Eamon Ryan asked the Minister for Justice and Equality the average time to make a determination on an application for the recognition of statelessness. [31048/18]

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Written answers

I propose to take Questions Nos. 342 to 344, inclusive, together.

Statelessness results from the complex interaction of many legal and other factors. There is no specific determination process for recognition of stateless persons in Ireland; claims of statelessness can arise at any point in the immigration and protection processes and the numbers involved are very low. These cases are frequently disposed of without recourse to a determination of statelessness through procedures (e.g. permission to remain) set out under the Immigration Acts or International Protection Acts. Such cases are not centralised in a single process or section of the immigration service and, as such, statistics on stateless persons are not available in the way sought by the Deputy.

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