Written Answers Nos. 147-156
147. Deputy Catherine Murphy asked the Minister for Justice and Equality if he and-or his departmental officials have met a person (details supplied) and-or representatives of companies in the past two years to date; if so, if he will publish a schedule of those meetings and the associated minutes; and if he will make a statement on the matter. [42825/18]
View answerI have not met with the individual in question, nor with representatives of the companies named who have identified themselves as such in the past two years to date. Neither has any official of my Department done so in any official capacity.
148. Deputy Róisín Shortall asked the Minister for Justice and Equality the steps he will take to address the reported backlog of cases at the Criminal Injuries Compensation Tribunal, with reports of persons waiting many years for decisions on their claims; the number of cases awaiting decision submitted in each year for the past ten years and which remain unresolved; and if he will make a statement on the matter. [42842/18]
View answerBecause of the manner in which cases are recorded, in particular cases which are open but not actively pursued by the applicant, it is not possible at this time to provide the Deputy with the number of cases awaiting decision and those which are deemed to be open. I have asked that a detailed assessment be made of the caseload with a view to clarifying this matter, and to inform a full review of processing capacity under the scheme.
In the meantime, I have ensured that a full Tribunal membership has been maintained in order to continue to address claims as promptly as possible. The term of office for all Ordinary members has been extended to June 2019 pending the completion of a recruitment process for new members.
Applications are processed with a minimum of formality compared to court proceedings where compensation is sought under the Civil Liability Acts, however, in making their decisions Tribunal Members must be satisfied that all supporting documentation has been provided and is in order for example, Garda reports arising from criminal investigations, medical reports. The absence of such information can sometimes lead to delays in bringing cases to finalisation.
149. Deputy Alan Farrell asked the Minister for Justice and Equality the status of the resources, personnel and vehicles for Balbriggan, Dublin Airport, Garristown, Lusk, Malahide, Skerries and Swords in each year from 2011 to 2017 and to date in 2018, in tabular form; and if he will make a statement on the matter. [42850/18]
View answerThe Deputy will be aware that the Garda Commissioner is the Accounting Officer for the Garda Vote and as such is responsible for the effective and efficient use of the resources at his disposal. Those resources have reached unprecedented levels, with an allocation for 2018 of more than €1.6 billion. And I can confirm that €1.76 billion has been allocated to the Garda Vote for 2019, which represents an increase of over 6% over the initial allocation for 2018.
In terms of capital investment, €342 million is being invested in Garda ICT infrastructure between 2016 and 2021 to enable An Garda Síochána to deploy the latest cutting edge technologies and to deliver on reform. €46 million is being made available for investment in the Garda Fleet over the same period, in addition to the investment of almost €30 million in the fleet from 2013 to 2015. Significant investment is also being made in addressing deficiencies in the Garda estate.
This significant current and capital investment in An Garda Síochána is in support of the Government’s commitment to ensuring a strong and visible police presence throughout the country, to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. 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 their optimum use.
I am advised by the Garda authorities that the areas referred to by the Deputy are all located within the Dublin Metropolitan Region (DMR) North Division. Balbriggan, Garristown, Lusk and Skerries are within Balbriggan District, Malahide and Swords are within Coolock District, and Dublin Airport is within Ballymun District.
Responsibility for the efficient deployment of all official Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between districts and stations as required by operational requirements. I am advised by the Garda authorities that the vehicles allocated to the Garda districts which comprise DMR North Division from 2011 to 2017 and as at October 2018 are outlined in the following table:
|
District |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
|
Balbriggan |
10 |
10 |
8 |
11 |
13 |
10 |
11 |
11 |
|
Ballymun |
63 |
59 |
53 |
58 |
61 |
68 |
57 |
54 |
|
Coolock |
30 |
30 |
29 |
29 |
28 |
26 |
24 |
24 |
|
Raheny |
21 |
19 |
19 |
21 |
20 |
23 |
23 |
20 |
|
DMR North Division Total |
124 |
118 |
109 |
119 |
122 |
127 |
115 |
109 |
In relation to the Garda estate, the Deputy will appreciate that 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 (OPW), which has responsibility for the provision and maintenance of Garda accommodation. As Minister, I have no direct role in these matters.
I would refer the Deputy to the Garda Station Building and Refurbishment Programme 2016-2021, based on agreed Garda priorities, which is benefiting over 30 locations nationwide, backed by over €60 million Exchequer funding. This is in addition to over €100 million the Government provided for construction of the new Regional and Divisional Headquarters now operational in Galway, Wexford and Kevin Street, Dublin.
The refurbishment of one of the stations referred to by the Deputy, Dublin airport, is included in the Building and Refurbishment Programme. Works are ongoing in the refurbishment of Transaer House to include Dublin Airport Garda Station and facilities for the Garda National Immigration Bureau and I am informed by the OPW works are expected to be complete by the end of 2018.
In addition, as the Deputy will be aware, the Programme for a Partnership Government commits to a pilot scheme to reopen 6 Garda stations, both urban and rural, to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order. Among the stations to be reopened in the pilot programme is Rush Garda Station, in the area referred to by the Deputy, along with stations in Ballinspittle, Co. Cork, Bawnboy, Co. Cavan, Donard, Co. Wicklow, Leighlinbridge, Co. Carlow and Stepaside, Co. Dublin. Implementation of the programme and reopening of all 6 stations is being pursued as a priority and it is understood that the OPW expects works should be completed in each case in 2019.
Finally, the information requested by the Deputy in relation to Garda personnel is available on my Department's website, as provided by the Garda Commissioner.
For more general information on Garda Facts and Figures, the Deputy may also refer to the Department's website at the following link: http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.
150. Deputy Alan Farrell asked the Minister for Justice and Equality the status of the reopening of Rush Garda station; and if he will make a statement on the matter. [42851/18]
View answerThe Deputy will appreciate that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has responsibility for the provision and maintenance of Garda accommodation. This includes identifying and progressing any necessary remedial or refurbishment works required at individual stations. As Minister, I have no direct role in these matters.
As the Deputy will be aware, the Programme for a Partnership Government commits to a pilot scheme to reopen 6 Garda stations, both urban and rural, to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order.
The Garda Commissioner's final report on the matter, which is available on my Department's website, recommended that Rush Garda Station be reopened, along with stations in Ballinspittle, Co. Cork, Bawnboy, Co. Cavan, Donard, Co. Wicklow, Leighlinbridge, Co. Carlow and Stepaside, Co. Dublin.
I am informed by the Garda authorities that a brief of requirements was provided to the OPW in relation to the reopening of each of these 6 stations, including Rush Garda Station, and that the OPW has undertaken technical surveys to determine the works required to enable the Garda stations, including Rush to reopen.
Design, planning (where required) and procurement for each of the 6 stations are now being progressed by the OPW, in conjunction with the Garda, in line with all applicable processes and procedures. I am informed that final sign-off on the works required at Rush is expected in the near future. Implementation of the programme and reopening of all 6 stations is being pursued as a priority and it is understood that the OPW expects works should be completed in each case in 2019.
151. Deputy Catherine Connolly asked the Minister for Justice and Equality further to Parliamentary Question No. 270 of 18 September 2018, the number of EU treaty rights visa applications received, granted and refused, respectively, by country to date in 2018, in tabular form; and if he will make a statement on the matter. [42993/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the following tables set out the position in relation to the ten highest number of applications received, by nationality, and a combined figure for all other nationalities in the year to the end of September.
Please note that the figures illustrated in the second table reflect a significant number of applications processed this year but received in preceding years.
Table 1: EU Treaty Rights visa applications received 01/01/2018 - 30/09/2018
|
Nationality |
Number |
|
Nigeria |
222 |
|
Pakistan |
197 |
|
India |
149 |
|
Russian Federation |
142 |
|
Moldova |
102 |
|
People's Republic of China |
86 |
|
Philippines |
84 |
|
Ukraine |
83 |
|
Thailand |
44 |
|
Sudan |
43 |
|
Rest of World |
762 |
|
Total |
1914 |
Table 2: EU Treaty Rights visa applications decided 01/01/2018 - 30/09/2018
|
Nationality |
Total |
Granted |
Refused |
|
Pakistan |
917 |
104 |
813 |
|
Afghanistan |
391 |
2 |
389 |
|
Nigeria |
216 |
87 |
129 |
|
India |
201 |
114 |
87 |
|
Russian Federation |
128 |
126 |
2 |
|
Bangladesh |
115 |
16 |
99 |
|
Moldova |
101 |
97 |
4 |
|
Philippines |
97 |
69 |
28 |
|
Ukraine |
76 |
72 |
4 |
|
People's Republic of China |
69 |
65 |
4 |
|
Rest Of World |
861 |
533 |
328 |
|
Grand Total |
3172 |
1285 |
1887 |
152. Deputy Sean Fleming asked the Minister for Justice and Equality his views on the release of persons from being a ward of court; if mechanisms to facilitate the easing of this process in a reasonable timescale will be introduced; and if he will make a statement on the matter. [42997/18]
View answerAs the Deputy will be aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998.
However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that the process for discharging a person from wardship is straightforward. An application for discharge from wardship is based on medical evidence. The Courts Service has advised that the current procedure for a person to be released from wardship is as follows:
- If a person wishes to leave wardship the application is usually made on his/her behalf by his/her committee. However, if the person applies directly to the Wards of Court Office that office will correspond directly with that person. A letter is sufficient to commence the process.
- A report from a medical practitioner saying that the ward is capable of managing his/her property and person must be lodged. The Wards of Court Office will then ask a court medical visitor to attend the ward and to provide a report for the benefit of the court. If that report also confirms that the ward has capacity, the matter is listed before the President of the High Court at the next available wards of court motion list, which is usually on Mondays during the legal term.
- If the President of the High Court is satisfied with the medical evidence, an order is made discharging the person from wardship and remitting him/her control of his/her assets.
The Courts Service has further advised that the process can be completed in a matter of weeks, depending on the time taken to procure the medical reports. However, if there is an urgency to the application it will be prioritised by the Wards of Court Office.
As the Deputy may be aware, the legislation governing persons who are wards of court dates back to 1871 and it has been recognised that reforms were needed to update the law in this area. The Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The proposed new system will replace the adult wards of court system by a less intrusive system by offering a continuum of options to support people in maximising their decision-making capability.
Part 6 of the 2015 Act provides for the phased transition from adult wardship to the new support framework. It provides for the review by the wardship court of the capacity of all current adult wards within three years of the commencement of that Part of the Act. Following a review of his or her capacity, the ward will be discharged from wardship and depending on the outcome of the review the wardship court may:
- Declare that the ward does not lack capacity and immediately discharge the ward from wardship and order that the property of the former ward be returned to him/her.
- Declare that the ward lacks capacity unless a suitable person is made available as co-decision maker to make one or more decisions. Once a co-decision making agreement is registered the court shall immediately discharge the ward from wardship and order that the property of the former ward be returned to him/her. If there is no suitable person to act as co-decision maker or the co-decision making agreement has not been properly registered within a period set down by the court, then the court shall make orders as appropriate under Part 5 to appoint a decision making representative and order that the property of the former ward be returned to him/her once a decision making representative has been appointed.
- Declare that the ward lacks capacity even if a suitable person is made available as co-decision maker to make one or more decisions. The court shall make orders as appropriate under Part 5 to appoint a decision making representative and order that the property of the former ward be returned to him/her once a decision making representative has been appointed.
The 2015 Act provides for the setting up of the Decision Support Service within the Mental Health Commission. New administrative processes and support measures, including the setting up of the Decision Support Service must be put in place before the substantive provisions of the 2015 Act can be commenced. A high-level Steering Group comprised of senior officials from the Department of Justice and Equality, the Department of Health, the Mental Health Commission and the Courts Service, together with the Director of the Decision Support Service, is overseeing the establishment and commissioning of the Decision Support Service and this work is ongoing.
The key preparations are being put in place under the oversight of the Steering Group to allow for commencement orders for the substantive provisions of the 2015 Act to be made when the Decision Support Service is ready to roll out the new decision-making support options. Ms Áine Flynn was appointed Director of the Decision Support Service on 2 October 2017. The Director is working in a very determined way to get the necessary staff resources, processes, IT system, expert panels, codes of practice and regulations in place in order that the Decision Support Service can be up and running as quickly as possible. There are many complex strands to this work, including involvement of multiple organisations. Every effort is underway to ensure that the Decision Support Service has all necessary capacity to open for business as soon as possible. The prevailing view is that the Decision Support Service will be operational by early 2020. As time goes on, every effort will be made to achieve tightening of the timeframes where possible and the situation will continue to be monitored closely by the Steering Group.
153. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the correct procedure to be followed in the case of a person (details supplied); and if he will make a statement on the matter. [43014/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it is open to any visa required national to apply for a visa for any purpose. Each application is considered on its individual merits, with the Visa Officer having regard to all of the information available. The onus rests at all times with the applicant to satisfy the Visa Officer that the particular visa sought should be granted.
Guidelines on how to apply for particular types of visas are available on the INIS website at www.inis.gov.ie Detailed information on the circumstances in which a person can seek to sponsor a family member to join them in the State is set out in the Policy Document on Non-EEA Family Reunification, and is also available on the INIS website. Intending applicants are advised to read this information carefully to ensure they provide all requirements for the particular type of visa.
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.
In addition, applicants may themselves e-mail queries directly to visamail@justice.ie.
154. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the case of a person (details supplied) will be reviewed with a view to regularising the person's position; and if he will make a statement on the matter. [43017/18]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 29 September 2017. This Order requires the person to remove themselves from the State and remain outside the State. The enforcement of the Deportation Order is a matter for the Garda National Immigration Bureau.
As previously advised, representations were received, and acknowledged, on 10 January 2018 in relation to an application by the person concerned for permission to remain in the State on the basis of her marriage to an Irish national. This application was refused as the person concerned was subject to a Deportation Order. The representations are now being considered in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended).
The Deputy might wish to note that any such decision will be to 'affirm' or 'revoke' the existing Deportation Order. In the meantime, the deportation order remains valid and in place.
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.
155. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all requested documentation including a GNIB card have been received in his Department to progress an application for a person (details supplied) which was sent by registered post; and if he will make a statement on the matter. [43019/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy is scheduled to attend the next citizenship ceremony which will take place on 26 November 2018 in The Killarney Convention Centre, Gleneagle Hotel, Killarney, Co. Kerry, at which she will make her statutory declaration of fidelity to the Irish nation and loyalty to the State and receive her certificate of naturalisation. Invitations are due to issue in the coming weeks. All relevant documentation has been received in this case.
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.
156. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected position in respect of an application for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [43020/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing and will be submitted to me for decision as expeditiously as possible.
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.
All persons making an application for a certificate of naturalisation are required to provide satisfactory evidence of their identity and nationality. This is usually in the form of a currently valid passport and may include other original supporting documents, such as a previously held or out of date passport, birth certificate and marriage certificate.
In rare circumstances where an applicant cannot produce their current passport, or a previous passport, birth certificate or other supporting documents the applicant will be required to provide a full explanation. Such explanation should, where possible, be supported by satisfactory evidence that they have attempted to obtain such documentation and correspondence from the relevant authorities or embassy responsible for the issuing of passports and birth certificates in their country, clearly stating the reasons the documentation cannot be provided. The Irish Naturalisation and Immigration Service (INIS) will consider the explanation given and, if satisfied it is for reasons genuinely beyond the applicant's control, may suggest alternative means to the person to assist in establishing their identity and nationality.
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.
