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Tuesday, 23 Oct 2018

Written Answers Nos. 326-343

Closed-Circuit Television Systems Provision

Questions (326)

Mattie McGrath

Question:

326. Deputy Mattie McGrath asked the Minister for Justice and Equality the status of the roll-out of community CCTV in a town (details supplied) in County Tipperary; and if he will make a statement on the matter. [43698/18]

View answer

Written answers

Community CCTV is governed by section 38 of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI No 289 of 2006). This legal framework requires that any proposed community CCTV scheme must:

- be approved by the local Joint Policing Committee,

- have the authorisation of the Garda Commissioner, and

- have the prior support of the relevant local authority, which must also act as data controller.

This is the legal basis for all community CCTV schemes, regardless of whether or not grant funding is sought from my Department to assist in their establishment.

A grant-aid scheme was launched by my Department in 2017 to assist groups in the establishment of community-based CCTV systems in their local areas. The scheme is intended to run for 3 years with funding of €1 million available each year. Eligible community groups can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum grant of €40,000.

I can inform the Deputy that my Department has not received an application for grant-aid from the area in question. I can however confirm that my officials are available to assist any interested groups in the area who wish to make an application. A dedicated email address is available to provide assistance to any groups interested in availing of the grant aid scheme - communitycctv@justice.ie.

There have to date been 27 applications to the scheme. 20 applications have been approved to date, involving approved funding of over €480,000. 4 applications are being considered. The remaining 3 applications have been returned to the applicants to enable them to supply the information necessary to qualify for grant aid.

In establishing the grant-aid scheme, the Department consulted broadly, including with the Office of the Data Protection Commissioner, An Garda Síochána, the Office of the Attorney General and the Local Government Management Agency (LGMA). Nonetheless the Department is continuing to engage with all relevant parties to provide information on the scheme and clarify any queries arising. As I have said previously, I am keen to ensure that all interested groups, in both rural and urban areas, have the opportunity to take advantage of the availability of this grant aid scheme. Full details of the grant aid package are available to download from my Department's website - www.justice.ie.

Leave to Remain

Questions (327)

John Brady

Question:

327. Deputy John Brady asked the Minister for Justice and Equality the number of requests for leave to remain there have been from children in each of the years 2012 to 2017 and to date in 2018; the number of these granted; the grounds for rejection; and if he will make a statement on the matter. [43699/18]

View answer

Written answers

Leave to remain is not applied for by applicants - it is a potential outcome of the consideration of whether or not a deportation order should be made in the case of a person who has been served with a formal notification of intention to deport.  Persons under 18 years who are the subject of this process are considered as part of the overall family in each case. 

The grounds to be considered as part of this process are as outlined in Section 3(6) of the Immigration Act 1999. Each case is considered in detail on the basis of its own individual facts and circumstances, under all of the headings set out in section 3(6) of that Act, and all other applicable legislation, before a final decision is made.

Following the commencement of the International Protection Act 2015 on 31st December 2016, permission to remain in the case of applicants for international protection has been considered as part of a single application procedure (under which eligibility for refugee status, subsidiary protection and permission to remain are considered as part of one process. The permission to remain element is considered should a person not qualify for either refugee status or subsidiary protection). It is not possible to separate the permission to remain element of this process for statistical purposes, except to note the numbers who have been granted permission to remain as per the following table.

The number of grants of leave to remain/permission to remain relating to minors for each of the years from 2012 to 2018 (as of 19th October 2018) are outlined in the following table: 

 Numbers of Leave To Remain/Permission to Remain Grants relating to any persons under 18 at the time of their decision 

Year Granted

Leave To Remain granted   following consideration under Section 3(6) of the Immigration Act 1999

Permission To Remain Granted   (International Protection Office)

Year Total

2012

146

-

146

2013

238

-

238

2014

335

-

335

2015

638

-

638

2016

279

-

279

2017

81

28

109

2018 (up to 19.10.2018)

89

52

141

Total

1,806

80

1,886

Garda Deployment

Questions (328)

Catherine Murphy

Question:

328. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of gardaí and Garda bicycle patrols assigned to Maynooth; and if he will make a statement on the matter. [43700/18]

View answer

Written answers

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.

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.  Responsibility for the efficient deployment of all official Garda vehicles, including mountain bikes, in each Division is assigned to the Divisional Officer, who may allocate mountain bikes between districts and stations in line with operational requirements.

I am informed by the Commissioner that there is 1 mountain bike allocated to Maynooth Garda Station.

The information requested by the Deputy in relation to Garda personnel as provided by the Garda Commissioner is available on my Department’s website through the following link.

Garda Numbers 2009-2018

 For more general information on Garda Facts and Figures please see the following link

http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.

Local Authority Funding

Questions (329)

Peadar Tóibín

Question:

329. Deputy Peadar Tóibín asked the Minister for Justice and Equality the categories of funding available to local authorities through his Department; the amount of funding provided for each scheme in 2016 and 2017; and if he will make a statement on the matter. [43734/18]

View answer

Written answers

I wish to advise the Deputy that my Department's Vote (Vote 24) provided grant funding to local authorities under the following categories in 2016 and 2017 (categorised in line with the categorisation applied in the C&AG Report on the Accounts of the Public Services):

Category

2016

2017

Recreation and other local services (Cultural projects)

€344,023

€74,845

Housing and urban regeneration (Other housing supports)

€927,957

€1,534,120

Total

€1,271,980

€1,608,965

Insofar as this Department's expenditure is concerned, "Recreation & other local services" includes payments to support initiatives such as Traveller Pride Week and the Cultúr Migrants Centre. The "Housing & urban regeneration" category includes payments to support integration and resettlement initiatives sponsored by the Office for the Promotion of Migrant Integration and the Irish Refugee Protection Programme. 

Home Repossessions Rate

Questions (330)

Catherine Martin

Question:

330. Deputy Catherine Martin asked the Minister for Justice and Equality the number of homes, including family homes, repossessed in each of the past five years for which figures are available; the number of persons and families made homeless as a result of such court actions; and if he will make a statement on the matter. [43741/18]

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, which include the provision of information on the courts system.

However, I have had inquiries made and the Courts Service has informed my officials that it is not in a position to provide the information sought by the Deputy in relation to the number of homes, including family homes, repossessed in each of the five years and the number of persons and families made homeless as a result of such court actions.  In order to be of assistance to the Deputy, the Courts Service has instead provided details of the number of Possession Orders granted in the past five years.

Circuit Court:

The following Tables A and B provide details of the number of Possession Orders granted by the Circuit Court in the years 2013 to 2017. For 2013 and from January to August 2014 (Table A) cases were categorised as being "Residential" or "Non-Residential". From September 2014 (Table B) the categorisation changed to "Primary Home", "Buy to Let" or "Other/Unknown". The Courts Service has advised that data in relation to Possession Orders for 2018 to date is not yet available. 

TABLE A

Period

Residential

Non-Residential

Total

2013

330

33

363

January to August 2014

448

76

524

TABLE  B

Period

Primary   Home

Buy to Let

Other/Unknown

Total

September to December 2014

319

103

117

539

2015

918

148

218

1,284

2016

854

62

172

1,088

2017

733

15

130

878

The Deputy should note that under section 101 of the Land and Conveyancing Law Reform Act 2009, all applications for repossession in cases of ‘housing loan’ mortgages created after 1 December 2009 must be made in the Circuit Court. In addition, under section 3 of the Land and Conveyancing Law Reform Act 2013, with effect from 31 July 2013, all applications for repossession in cases of mortgages created before 1 December 2009 on private residences or family homes must also be made in the Circuit Court.

As the figures above show, there has been a decline in the number of Possession Orders granted over the period concerned. At its peak in 2015 a total of 918 Possession Orders were granted in respect of primary homes – 77 per month. In 2017, this figure had dropped to 733 Possession Orders – 61 per month. This equates to a drop of over 20% in the three year period. I might also add that the issue of a possession order does not, in many cases, lead to a loss of ownership of the family home and can be a catalyst for a solution between lender and homeowner which will see them retaining possession of the home. The introduction of the Abhaile Scheme, from 2016, has provided help to over 10,000 households in serious mortgage arrears, most of whom are in the most serious category of arrears (exceeding 720 days), and has been a contributing factor to the decrease in Possession Orders being granted.    

High Court:

The Courts Service has also indicated that High Court statistics in relation to the number of Possession Orders granted do not distinguish between Buy to Let and Private Dwelling. The number of High Court Possession Orders granted in the years 2013 to 2 March 2018 is set out in the table.

TABLE C

Year

High Court Possession Orders

2013

108

2014

88

2015

65

2016

47

2017

40

From 1 January 2018 to 2 March 2018

14

Please note that the Courts Service Annual Report figures for 2014 and 2015 included Well Charging Orders in addition to Possession Orders.

I should add that the Government recently approved the drafting of the Courts and Land and Conveyancing Law Reform (Amendment) Bill 2018, which will provide further protections for people in mortgage difficulties, particularly those people who, for whatever reason, have been unable to avail of a Personal Insolvency Arrangement. It is expected that the Bill will be published during the current session.

This Government’s paramount objective in the context of resolving the mortgage arrears problem is to keep borrowers in their homes wherever feasible. We consider that repossession of private residences is a last resort when all other options have failed. In that context, I would urge all borrowers in mortgage arrears to contact their lender with a view to engaging in an effort to reach a sustainable solution which will allow them to stay in their homes.

Coroners Service

Questions (331)

Catherine Martin

Question:

331. Deputy Catherine Martin asked the Minister for Justice and Equality the action he has taken to implement the Review of the Coroner Service – Report of the Working Group; his plans to expedite the publication of recommendations from coroners’ reports on road traffic accidents in order that local authorities and other agencies can consider their recommendations in a timely manner; and if he will make a statement on the matter. [43742/18]

View answer

Written answers

The Coroners Bill 2007 provided for a comprehensive reform of the Coroners Act, 1962 and of the existing coroner system, including the establishment of a new Coroner Service.  It incorporated many of the recommendations made by the Coroners Review Group in 2000 and by the Coroners Rules Committee in 2003, as well as those emanating from a detailed review of reforms to the coronial systems in other common-law jurisdictions (particularly Australia, New Zealand and Northern Ireland).

The changed public financial situation and other issues required that a review of the provisions of the 2007 Bill be undertaken. That review remains to be definitively concluded. 

My current priority is progressing the Coroners (Amendment) Bill 2018, which has been scheduled for Committee Stage in the Dáil in mid-November. That Bill does contain certain of the proposals made in the Review of 2000 and of the 2007 Bill.

As regards inquests into fatalities following road traffic accidents, the current position is that it is up to each individual coroner to notify the relevant authorities of any recommendations made at such inquests. Neither I nor my Department have any function in this regard.

Garda Transport Data

Questions (332)

Thomas P. Broughan

Question:

332. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of Garda public order vans allocated to each Garda division in Dublin as of 1 January 2018 and 15 October 2018; if the additional 15 Garda public order vans due to be purchased in 2018 have come into the fleet; if not, when they will come into the fleet; and if he will make a statement on the matter. [43756/18]

View answer

Written answers

The Deputy will be aware that 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, in addition to the investment of almost €30 million in the period 2013 to 2015. In total in the period 2013 - 2017, almost €44 million has been invested in the fleet with some 2,000 vehicles coming on stream 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 Commissioner in light of his identified operational demands and the availability of resources. As Minister, I have no direct role in that matter. 

I understand however 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. Responsibility for the efficient deployment of all official 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 informed by the Garda authorities that the following table sets out the public order vehicles within the Garda fleet assigned to Dublin Metropolitan Region, correct as at 18 October 2018.

Division

Total

DMR North

5

DMR North Central

1

DMR South Central

1

DMR Region

7

I am advised by the Garda authorities that there has been no allocation of public order vehicles in 2018 to date.  I am however advised that orders have been placed for 15 large vans for Public Order Units and that delivery of these vehicles, following fit-out for use by An Garda Síochána, is now expected in Q1 2019 with allocation to commence towards the end of that quarter.

Garda Recruitment

Questions (333)

Thomas P. Broughan

Question:

333. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans for a recruitment drive for the Garda Band; the details of same; and if he will make a statement on the matter. [43757/18]

View answer

Written answers

As the Deputy 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 recruitment, training and appointment of its members, including members of the Garda Band. I am informed by the Commissioner that he is committed to the Garda Band and to the recruitment of additional members over time, as required. There are currently no plans to recruit new members to the Band.

Vacancies in the Garda Band, when they do arise, are advertised in the national media and on www.publicjobs.ie and are filled following an interview, test of musical ability, medical examination and character clearance.

The current personnel strength of the Garda Band is 27.  There are also 2 administrative support staff assigned to the Band. 

Civil Legal Aid

Questions (334)

Fiona O'Loughlin

Question:

334. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the waiting times for persons to receive free legal aid in each of the law centres throughout the country; and if he will make a statement on the matter. [43762/18]

View answer

Written answers

The provision of civil legal aid in the State is delivered by the Legal Aid Board pursuant to the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017.

There are significant demands on the Board and I am conscious that this gives rise to waiting times for certain services at most of the Board's law centres.  However, waiting times have been reduced over the last number of years due to measures introduced by the Board and the Deputy will be glad to know that the Board's budget was increased to €40.796m for 2019.

The Board is extremely conscious that delays in service can lead to difficulties not just for the client but also for the wider community, as well as the courts system.  In this regard, certain matters are dealt with as priority matters which means they receive the next available appointment at the law centre. Such matters include domestic violence, child abduction, child care, and asylum and related matters. In addition, the Board refers the vast majority of applications relating to private District Court remedies, for example maintenance, custody, access and guardianship, to private solicitors on its panels. 

All other applications are placed on the waiting list. I can advise the Deputy that details of the waiting times in each law centre are published on a regular basis by the Board on their website https://www.legalaidboard.ie/en/Our-Services/Legal-Aid-Services/Waiting-times/.  

Garda Síochána Ombudsman Commission Staff

Questions (335, 336, 337, 338, 339, 340)

Gerry Adams

Question:

335. Deputy Gerry Adams asked the Minister for Justice and Equality the amount of additional funding to be made available to Garda Síochána Ombudsman Commission, GSOC, following budget 2019. [43823/18]

View answer

Gerry Adams

Question:

336. Deputy Gerry Adams asked the Minister for Justice and Equality if he is satisfied that the additional funding he is providing will meet the needs of the Garda Síochána Ombudsman Commission, GSOC, and allow it to carry out its investigations thoroughly and promptly in view of the concerns raised by GSOC in relation to the resources available to it to properly investigate the killing of persons (details supplied). [43824/18]

View answer

Gerry Adams

Question:

337. Deputy Gerry Adams asked the Minister for Justice and Equality the number of personnel employed by the Garda Síochána Ombudsman Commission, GSOC; and the rank and responsibilities of each. [43825/18]

View answer

Gerry Adams

Question:

338. Deputy Gerry Adams asked the Minister for Justice and Equality the status of the business case made by the Garda Síochána Ombudsman Commission, GSOC, in February 2018 for additional staffing requirements. [43826/18]

View answer

Gerry Adams

Question:

339. Deputy Gerry Adams asked the Minister for Justice and Equality if the additional resources he has allocated will meet the business case made by the Garda Síochána Ombudsman Commission, GSOC. [43827/18]

View answer

Gerry Adams

Question:

340. Deputy Gerry Adams asked the Minister for Justice and Equality his views on the number of additional staff the Garda Síochána Ombudsman Commission, GSOC, was seeking; the number of additional staff funding outlined in budget 2019 will provide for; and if it will meet the information technology requirements of GSOC. [43828/18]

View answer

Written answers

I propose to take Questions Nos. 335 to 340, inclusive, together.

Following the Minister for Public Expenditure and Reform's budgetary measures this month, I announced that GSOC would be allocated an additional €1.6 million in funding for 2019. I secured a budgetary increase of €0.6 million for 2019 and €1 million has been redirected from a now discontinued project and permanently attached to GSOC's annual budget. This will increase GSOC's 2019 budget to €10.7 million.

The additional €1.6 million in funding will enable GSOC to raise the staffing levels somewhat. In the meantime officials from my Department, the Department of Public Expenditure and Reform and the Commission have held discussions on the proposal from GSOC for additional staffing. I am awaiting a response from DPER to the proposal.

This Government has always been committed to ensuring that GSOC has the necessary supports and resources in order to fulfil its statutory functions and mandate. This commitment is demonstrated by allocating this extra funding so that GSOC will be able to maintain the high standards it operates to. The overall budget allocation to GSOC is expected to meet GSOC’s administrative needs, including information technology requirements, in terms of fulfilling the organisation’s current remit, and to provide for an increase in staffing, including to further expand the unit established to deal with protected disclosures.

GSOC's current staffing compliment is 91. The breakdown is provided in the following table.

Operations Staff:

Director   of Investigations (Asst. Sec. equivalent)

1

Deputy   Director of Investigations (PO equivalent)

1

Senior   Investigations Officers (AP equivalent)

8

Investigations   Officers (HEO equivalent)

21

Casework   Assistant Principal Officers

3

Casework   Higher Executive Officers

7

Casework   Executive Officers

4

Casework   Clerical Officers

8

Analysts   (HEO equivalent)

2

Assistant   Investigations Officers (EO equivalent)

7

Protected   Disclosures Unit

 

Investigations   Officers (HEO equivalent)

3

Executive Officer

1

Librarian   and Legal Staff:

 

Librarian (Engineer Grade III)

1

Head of Legal Unit (Principal Officer equivalent)

1

Solicitors (Assistant Principal equivalent)

2

Legal assistant (CO grade)

1

Administrative   staff:

 

Director of Administration (Asst. Sec. equivalent)

1

Assistant Principal Officers (Administration)

3

Higher Executive Officers (Administration)

7

Executive Officers (Administration)

5

Clerical Officers (Administration)

Visa Applications

Questions (341, 342)

Catherine Murphy

Question:

341. Deputy Catherine Murphy asked the Minister for Justice and Equality if his attention has been drawn to the ongoing delays in processing decisions in respect of applications for visas lodged with the Irish Embassy visa office in Delhi; the reason for the delay in processing these applications; if he has considered allocating additional staff resources to deal with increased demand for these visas; and if he will make a statement on the matter. [43942/18]

View answer

Catherine Murphy

Question:

342. Deputy Catherine Murphy asked the Minister for Justice and Equality if his attention has been drawn to the impact of the ongoing delays in processing decisions in respect of applications for visas lodged with the embassy visa office in Delhi (details supplied); his views on whether this is acceptable management of the visa processing system; and if he will make a statement on the matter. [43964/18]

View answer

Written answers

I propose to take Questions Nos. 341 and 342 together.

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the New Delhi Visa Office has been experiencing high volumes of visa applications due to seasonal demands at this time of year. This is in line with similar trends from previous years and measures have been put in place to deal with this demand. More generally, it points to an increase in visa applications from people wishing to come to Ireland for a wide variety of reasons.

I am informed that business and conference visas are currently being processed within ten days. Study visas at this time are being processed within four weeks. Employment and visit visas are currently being processed within seven weeks. Processing times for long stay visas invariably take longer and are generally determined by the volume of applications received, the particular merits of individual applications, their complexity, whether there is a need to investigate or inquire further, and the time taken to receive applicant responses.

The Deputy can be assured that every effort is being made to keep processing times to a minimum, with a number of measures put in place to deal with the expected demand this summer. This included the assignment of additional staff to help process these applications including student visa applications, and more generally the streamlining of visa processing where possible. The position continues to be kept under close review.

Departmental Bodies

Questions (343)

Pearse Doherty

Question:

343. Deputy Pearse Doherty asked the Minister for Business, Enterprise and Innovation the involvement of State bodies under her aegis in attending Saudi Arabia's Future Investment Initiative; and if she will make a statement on the matter. [43222/18]

View answer

Written answers

None of the State bodies under the aegis of my Department is attending Saudi Arabia's Future Investment Initiative event.

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