Written Answers Nos. 167-178
167. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [43033/18]
View answerI am advised by the Irish Naturalisation and Immigration Service, INIS, of my Department that the person concerned was originally granted permission to remain in the State for a three year period, to 8 July 2016. The person concerned has since had their permission to remain in the State renewed for a further three year period, to 7 August 2019.
I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service, INIS, that no application for a Certificate of Naturalisation has been received from the person concerned. However, it will be open to the person concerned to apply for a Certificate of Naturalisation when they are in a position to meet the lawful residency criteria applicable to the lodgement of such applications. Details on the criteria to be met by persons lodging such applications are available from the INIS website www.inis.gov.ie.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by email 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.
168. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [43034/18]
View answerI am advised by the Irish Naturalisation and Immigration Service, INIS, of my Department that an application for a certificate of naturalisation from the person referred to by the Deputy was refused, for reasons outlined in a letter issued on 28 March 2017 advising of the decision. To date there is no record of a new application for naturalisation having been received.
It is open to any individual to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956, as amended.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by email 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.
169. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if residency will be updated or extended in the case of a person (details supplied); and if he will make a statement on the matter. [43035/18]
View answerI am advised by the Irish Naturalisation and Immigration Service of my Department that registration and renewal of immigration permissions for non-nationals residing outside the Dublin City and County area are carried out by officers appointed by the Garda National Immigration Bureau of An Garda Síochána at the local immigration office of the district where the person is residing. I am further advised that the person should contact their local Garda station to make an appointment to attend that office.
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.
170. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status of a person (details supplied); and if he will make a statement on the matter. [43037/18]
View answerAs the Deputy is aware, if an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant or their legal representative should contact either the International Protection Office, IPO, or the International Protection Appeals Tribunal, IPAT, directly, as appropriate.
The IPO may be contacted either by email to info@ipo.gov.ie, by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2. The International Protection Appeals Tribunal may be contacted either by email to info@protectionappeals.ie, by telephone at 01-4748400, or Lo-Call 1890 201 458, or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.
Following the commencement of the International Protection Act 2015 on 31 December 2016, new arrangements for the investigation and determination of applications for international protection, refugee status and subsidiary protection, and cases involving permission to remain in the State have been introduced. Such applications are now processed, as part of a single application procedure, by the International Protection Office, IPO, which has replaced the Office of the Refugee Applications Commissioner, ORAC, from that date. The staff of that Office, the Chief International Protection Officer and International Protection Officers, are independent in the performance of their protection functions.
For your information, on 27 February 2017, the Chief International Protection Officer, following consultation with the United Nations High Commissioner for Refugees, UNHCR, published a statement on the Prioritisation of Applications under the International Protection Act 2015 which is available on the website of the International Protection Office, www.ipo.gov.ie.
Queries in relation to the status of individual immigration cases may be made directly to the Irish Naturalisation and Immigration Service, 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.
171. Deputy Eoin Ó Broin asked the Minister for Justice and Equality if he will address matters (details supplied) regarding the ending of a direct provision contract. [43131/18]
View answerAs the Deputy is aware, my Department was informed by the contractor for the centre, by letter received on 3 October 2018, that they will not be seeking to renew the contract which expires in December. Unfortunately, it was not possible to agree an extension to the contract that would comply with public procurement regulations.
Residents at the centre were informed by personal letter delivered last Friday, 12 October, that the centre would close when the contract comes to an end on 3 December.
I can assure the Deputy that the welfare of the residents is of the utmost importance and the matters raised by him, such as continuity in education, and particular needs arising due to family situations or medical needs, are being taken into account as officials of my Department seek solutions to what is an unfortunate situation.
Senior staff at the Reception and Integration Agency met with residents on 17 October to discuss these very issues with them and have scheduled a weekly meeting to update residents on progress and give feedback in relation to their concerns. Additionally, they will be available to meet with the residents' committee and also with individual residents insofar as schedules permit.
Solutions are being explored across a number of avenues, both within my Department, and in cooperation with other Government agencies and NGOs.
As part of a wider scheme to seek additional accommodation for those in the international protection process, my Department advertised a public procurement competition for premises within 40km of Newbridge on 16 September 2018.
In light of recent developments, I have arranged to extend the closing date of that competitive process to 31 October 2018. I hope that this will enable interested contractors to submit premises to this tender process.
Irrespective of the outcome of this process, residents of this accommodation centre who are still in the protection process will be offered alternative accommodation from within the accommodation portfolio of my Department.
My aim is to limit, to the greatest extent possible, the disruption to families and to residents relying on Dublin-based services, and I am examining whether this objective can be strengthened in contracts. The Reception and Integration Agency is working on contingency plans to facilitate school children currently living in the centre in question to continue in their schools for the current school year. However, the Reception and Integration Agency is very constrained by the current demands for its accommodation and by the absence of bed capacity within its system.
Where an individual or family has permission to remain in Ireland they can access the mainstream housing supports and services on the same basis as nationals/European Economic Area nationals. Considerable work has been done to support residents with status to move out of accommodation centres and to secure permanent accommodation.
As the Deputy is aware, funding has been granted to the Jesuit Refugee Service and the Peter McVerry Trust under the asylum, migration and integration fund Ireland 2017 - 2019 for the PATHS, Providing Asylum-seekers in Transition with Housing and Support, project. In addition, funding has been granted to South Dublin County Partnership for a two year housing and integration programme, a key part of which is to assist residents who have received permission to remain, to access housing supports. Officials from my Department have been liaising with South Dublin County Council in relation to the particular situation arising in Clondalkin.
In relation to labour market access for eligible applicants, those who are waiting on a first instance decision on their application for international protection for nine months or more, permission encompasses both access to employment and self-employment. While it is initially valid for a period of six months, it may be renewed if the applicant has not received a final decision on their application within this timeframe. The Deputy raised two further issues, which are not within my remit as Minister. As regards the prioritisation of international protection claims, I have no function in relation to the application process itself as the IPO comprises, inter alia, a chief international protection officer and international protection officers who are independent in the performance of their international protection functions. Furthermore, entitlements to medical cards are determined by the HSE, who can advise on the particular rules and procedures governing their issue.
172. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his views on whether An Garda Síochána has sufficient resources and personnel in the Garda National Cyber Crime Bureau to protect Irish citizens and companies online; and if he will make a statement on the matter. [43142/18]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions and Districts and I, as Minister, have no direct role in the matter. I am assured by the Commissioner that personnel assignments, together with the overall policing arrangements and operational strategies are continually monitored and reviewed.
I am informed by the Commissioner that, on foot of a review of the Computer Crime Investigation Unit under An Garda Síochána’s Modernisation and Renewal Programme 2016-2021, a dedicated Garda Cyber Crime Bureau was established in September 2016 to ensure that An Garda Síochána has the capacity and capabilities to deal with cyber crime and cyber security threats.
The Cyber Crime Bureau is under the direction of the Assistant Commissioner, special crime operations and is part of the Garda National Economic Crime Bureau headed by a Detective Chief Superintendent. The bureau has responsibility for the forensic examination of all seized computer media, international liaison with regard to cyber matters and the investigation of cyber crime matters. Cases examined include all crime types and, in particular, banking and financial crime matters as well as the examination of equipment and media to assess images in the context of offences relating to child pornography and exploitation.
I am informed by the Garda Commissioner there are 33 Garda personnel assigned to the bureau, including one Detective Superintendent, one detective inspector, six detective sergeants, 21 detective gardaí, one higher executive officer, one executive officer and two clerical officers. I am further informed that 140 replacement and additional personnel have been assigned to the specialist units that form the special crime operations since 2017 and the bureau has benefitted from some of these additional resources. Undoubtedly, the ongoing recruitment process will continue to support all Garda activities and will enable the Commissioner to provide additional resources to the specialist units and across every Garda division as new Garda recruits and civilian staff continue to come on stream.
In terms of developments on a regional basis I am informed that the roll-out continues on a phased basis of triage units. The triage model provides a tiered response and capability for computer forensic services on a regional basis, utilising locally-based and trained first-responders and cyber triage specialists. The triage model also reduces demands on the central bureau, while remaining under the supervision of the detective superintendent, Cyber Crime Bureau. To date two regional triage units have been established in the southern and south-eastern regions at Ballincollig and New Ross garda stations. These triage units are the subject of review to inform and establish best practices and processes for the establishment of further such units in other regions.
The Deputy will be aware some €330 million, including €205 million under the capital plan, is also being invested in Garda ICT infrastructure between 2016 and 2021 to enable An Garda Síochána to deploy the latest cutting edge technologies in the fight against crime.
173. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans to ensure that sufficient resources are provided to An Garda Síochána to maintain a fully trained complement of 54 forensic collision investigators nationwide at all times; and if he will make a statement on the matter. [43143/18]
View answerAs the Deputy will be aware 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 do not politically interfere in policing matters nor direct the Commissioner where to deploy resources.
I am informed by the Garda Commissioner that a forensic collision investigator, FCIs, attends the scene of every fatal road traffic collision and every collision where information indicates that there is a likelihood of a fatality resulting from such collision. I am further advised by the Commissioner that FCIs are responsible for carrying out examinations at scenes of road traffic collisions including recording and evaluating all available evidence. Forensic collisions investigators are strategically deployed within the Garda divisional roads policing units throughout the country.
I am also informed that that following an internal Garda competition for assignment to FCI duties 11 successful candidates have completed their initial training and are working alongside divisional roads policing units. It takes 18 months to be fully trained as a FCI. It is expected that there will be further assignments to FCI duties from this competition in early 2019.
I am pleased that I secured sufficient funding in the Budget to provide for the recruitment of another 800 new Garda recruits in 2018, which will ensure that the planned Garda strength of 15,000 by 2021 remains on course.
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 the organisation including roads policing in the coming years.
This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services.
174. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if recent suggestions from a person (details supplied) that proposed Government legislation should be assessed for its likely impact on litigation have been considered; his plans for a legislation impact assessment for all legislation being produced by his Department; and if he will make a statement on the matter. [43144/18]
View answerThe position is that a significant amount of work is done on Government Bills before publication of the scheme of a Bill is approved by Government. This would include, where necessary, consideration by Government of the impact a piece of legislation would have on the work of the courts. This is particularly so in relation to Bills emanating from my Department, where there is regular consultation with the Courts Service.
I would point out that the existing guidelines on how to conduct a regulatory impact analysis, RIA, issued by the Government in 2009 already provide that the type of impacts being suggested by the Deputy may be taken into account when compiling an RIA.
175. Deputy Catherine Murphy asked the Minister for Justice and Equality the status of plans to increase the number of opening hours and gardaí in Maynooth Garda station; and if he will make a statement on the matter. [43147/18]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is primarily responsible for the effective and efficient use of resources available to An Garda Síochána. This includes operational matters such as the opening hours of Garda stations, taking into account crime trends and policing priorities, so as to ensure that the best possible use is made of the resources available. As Minister, I have no role in relation to that matter.
I am informed by the Garda authorities that the opening hours of Maynooth Garda Station are as follows: Monday: 1 p.m. to 4 p.m. Tuesday to Saturday, 10:00 a.m. to 12 noon; Sunday: closed.
I am further informed that Maynooth Garda Station forms part of the Leixlip Garda District in the Kildare Division. I am advised by the Garda authorities that the strength of the Kildare Division was 373, on the 31 August 2018, the latest date for which figures are readily available, of whom 105 members are assigned to the Leixlip District and 14 members are assigned to Maynooth Garda Station. There are also 17 Garda Reserves and 32 Garda civilian staff attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
I understand from the Garda authorities that the allocation of personnel within Kildare Division is subject to constant review in light of crime trends and policing needs arising, to ensure that optimum use is made of Garda resources and that the best possible policing service continues to be provided to the public.
176. Deputy Catherine Murphy asked the Minister for Business, Enterprise and Innovation if the Minister of State, Deputy Breen, will publish minutes and a schedule of meetings he has had with a person (details supplied) and a company or representatives of that person and company; and if she will make a statement on the matter. [42808/18]
View answer177. Deputy Catherine Murphy asked the Minister for Business, Enterprise and Innovation if she and-or her departmental officials have met a person (details supplied) and-or representatives of companies in the past two years to date; if so, if she will publish a schedule of those meetings and the associated minutes; and if she will make a statement on the matter. [42814/18]
View answerI propose to take Questions Nos. 176 and 177 together.
Records indicate that a meeting with the company in question took place in the Department on 30th January 2018. The meeting was attended by Minister Halligan and Departmental officials. The meeting was not attended by the named individual referred to by the Deputy. I have asked that the minute of the meeting be sent to you.
Please see below a schedule of meetings that Minister Breen held with the person or company (re. details supplied), which includes one speaking engagement at an event that the Minister attended in June 2016 on request from the Department of Foreign Affairs, and two meetings recorded in the Departmental diary for October and December 2016. No Departmental officials attended these two meetings and the Department is not in possession of minutes for either meeting.
|
Date |
Details |
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2 June 2016 |
At the request of the Department of Foreign Affairs, Minister Breen made some closing remarks at the launch of ALTV – a video/social media site owned by Granahan McCourt – at which David McCourt was present |
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20 October 2016 |
Breakfast meeting with David McCourt at Merrion Hotel |
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2 December 2016 |
Meeting with Chairman and CEO of Shannon Group at which David McCourt was present |
The Deputy may also wish to refer to the statement of 11th October 2018 by Minister Breen which is available at: https://merrionstreet.ie/en/News-Room/Releases/Statement_by_Minister_of_State_Pat_Breen.html.
For completeness, I also wish to advise the Deputy that I met with a representative of Enet in December 2016 in my previous role as Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs. The meeting was not attended by the named individual referred to by the Deputy. I was accompanied by a Department official at this meeting which related to matters now under the remit of the Department of Rural and Community Development.
178. Deputy Róisín Shortall asked the Minister for Business, Enterprise and Innovation the extent to which administrative or civil fines for breaches of competition law are available to enforcement bodies here; and her plans to improve enforcement options in this regard. [42858/18]
View answerThe current legal position is that civil fines are not provided for in Irish law for anti-competitive practices. My Department obtained advice on the issue of civil fines from the Office of the Attorney General to the effect that civil fines are not provided for in Irish law for anti-competitive practices having regard to Article 38.1 of the Constitution which provides that no person shall be tried on any criminal charge save in due course of law. In that context, any national legislation to introduce civil fines that would lower the burden of proof from beyond reasonable doubt to the balance of probability would pose constitutional difficulties having regard to the protection afforded in Article 38.1 of the Constitution.
On 22 March 2017, the EU Commission published a proposal for a Directive of the European Parliament and of the Council to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market. One of the Directive’s aims is to ensure that all National Competition Authorities are able to impose effective deterrent fines. The proposal is currently with the lawyer-linguist legal service of the European Council and it is due to be published in the Official Journal shortly. Member States will have two years to implement the directive into national law from that date.
