Written Answers Nos. 375-398
375. Deputy Darragh O'Brien asked the Minister for Justice and Equality his plans for the long-term use of the Thornton Hall site at Kilsallaghan, County Dublin; and if he will make a statement on the matter. [44744/18]
View answerThe Thornton Hall site was purchased in 2005 with the intention of constructing a large scale prison campus to replace the 19th century complex at Mountjoy Prison which the then Government planned to sell to fund the development. Due to the downturn in the economy, the scale of the project could not be accommodated within the capital allocation available and the project did not proceed. In the decade since the original plan, international research has tended towards smaller prisons within reach of support communities as the best option for rehabilitation. In addition, in light of the decision not to proceed with Thornton Hall, significant capital investment has been made at the Mountjoy campus over recent years to upgrade accommodation and eliminate the practice of slopping out.
In the meantime, the Thornton Hall site which is fully serviced and adjacent to Dublin airport remains in my Department’s ownership and in recent years a working group, which included representatives from the OPW, considered future use options for the site. This included discussions with Fingal County Council. More recently, the site has also been flagged to the Department of Housing and Local Government, and to the Land Development Agency. As such, the site will be considered both in the context of broader State requirements for land assets and future requirements in relation to detention of prisoners.
376. Deputy Patrick O'Donovan asked the Minister for Justice and Equality the visa requirements for children under 18 years of age coming from Nigeria to study in private secondary schools. [45490/18]
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 a study visa are available on the INIS website at http://www.inis.gov.ie/en/INIS/Pages/Study . Additional information is required where the applicant is under the age of 18 years. This includes but is not limited to the birth certificate of the child, accommodation details, Garda vetting documents, proof of guardianship while in Ireland, parental consent documents, evidence that the chid is enrolled in a fee paying school and that the requisite fees have been paid.
Nigerian resident nationals should apply through the online visa application system which may be accessed through the INIS website (http://www.inis.gov.ie ). Applicants must submit supporting documents and provide biometric information at the visa application centre in Abuja or Lagos. Applications are processed in the Visa Office at the Irish Embassy in Abuja.
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.
377. Deputy Micheál Martin asked the Minister for Justice and Equality the actions his Department has in co-ordinating the policy driven targets across Departments since Travellers were given ethnic status. [45884/18]
View answerOn 1 March 2017, then Taoiseach, Enda Kenny, announced State recognition of Travellers as an ethnic group in Ireland: the Department of Justice and Equality played an important part in the lead up to this event.
The State's formal recognition of Irish Travellers ethnicity has been described as a "historic" day for Travellers and for Ireland. As you know, the announcement was greeted by sustained applause and a standing ovation in the Oireachtas.
This recognition of the distinct heritage, culture, and identity of Travellers and of their special place in Irish society was both symbolically and socially important in our work to overcome the economic marginalisation and discrimination of members of the Traveller community.
Following this statement, on 13th June 2017, I launched the National Traveller and Roma Inclusion Strategy 2017 – 2021. This Strategy contains 149 actions, grouped under ten themes, which are as follows:
- Cultural Identity;
- Education;
- Employment;
- Children and Youth;
- Health;
- Gender Equality;
- Anti-discrimination and Equality;
- Accommodation;
- Traveller and Roma Communities;
- Public Services
I chair a Steering Group which has the responsibility for monitoring and achieving progress on the implementation of the Strategy since its publication. The Steering Group consists of representatives of the Traveller and Roma communities, as well as of representatives of relevant Government Departments and Agencies.
These meetings provide an opportunity to review progress and to drive forward implementation of the Strategy. To date, work has been progressed on approximately 130 of the Actions in the Strategy. The Steering Group continues to monitor progress on these Actions and to focus on actions where sufficient progress has not yet been made.
In response to a number of priority actions in the Strategy, 4 sub-committees were set up to report back to the Steering Group:
- One of these sub-committees has been formed in the Department on the issue of data collection on ethnic grounds for equality purposes. Information was collected from Government Departments on what ethnic data is already being collected, as well as whether there are plans to collect this data where not already being done.
- A second sub-committee has been formed to deal with the issue of the retention of Traveller and Roma children in education. A proposal was jointly agreed between the Department of Justice and Equality, the Department of Education and Skills, and TUSLA to implement a pilot project on this issue in 4 different locations with high Traveller and/or Roma populations. Traveller organisations are in agreement with pursuing the proposal, and are keen to follow developments by means of future meetings of this sub-committee. The initiative would involve an increase in resources in each of the pilot locations. It was decided that one pilot of the initiative would be located in each of four TUSLA Education Welfare Services regions – South, South East – Wexford; West/North West – Tuam urban area; North Dublin/North Leinster – Coolock, Ballymun and Finglas; and South Dublin/Kildare/West Wicklow – Tallaght, Clondalkin.
- The third sub-committee was set up to deal with the problem of feuding in the Traveller Community. Resulting from that, an increase of funding for the Traveller Mediation Service for the expansion of its services was agreed and the expansion is commencing now.
- The fourth sub-committee has recently been established to look at actions that can be pursued to increase Traveller employment. This will examine the potential of Traveller entrepreneurship, social enterprise models, apprenticeships etc.
The membership of the four sub-committees consists of representatives of relevant Government Department and Agency officials as well as of the Traveller and Roma communities who have relevant backgrounds in e.g. education and employment creation in the Traveller communities.
378. Deputy John Curran asked the Minister for Justice and Equality if the software changes introduced on 10 September 2018 to the INIS online booking system have been reviewed and evaluated; if they are proving successful in preventing other sites from harvesting appointments and then selling these appointments slots on for €20 to €30 each. [44603/18]
View answer420. Deputy Róisín Shortall asked the Minister for Justice and Equality further to Parliamentary Question No. 142 of 26 September 2018, if he will respond to issues raised in the media in relation to the INIS online appointment system for registrations (details supplied); the action he will take to address these problems; and if he will make a statement on the matter. [45416/18]
View answer442. Deputy Eoin Ó Broin asked the Minister for Justice and Equality if his attention has been drawn to the illegal trade in INIS appointments booked online; and if so, the steps he is taking to prevent this. [45767/18]
View answerI propose to take Questions Nos. 378, 420 and 442 together.
As outlined in responses to previous parliamentary questions, the Irish Naturalisation and Immigration Service (INIS) of my Department became aware in September of customers experiencing difficulties booking registration appointments. Some of these difficulties had arisen because third party agents had been able to secure multiple appointments through the use of automatic software.
A set of software fixes was introduced in mid-September to prevent this abuse of the system. As far as can be determined, this software update has been successful in preventing the block booking of appointments by third party agents. The system is being regularly monitored in this regard.
The period September to November is the busiest time for registrations with many student registrations in addition to the usual workload of the office. A number of measures have been taken to increase the capacity of the office, including the assignment of additional staff to the Registration Office, overtime and opening the office for registrations on most Saturdays and some Sundays. These measures are aimed at ensuring that as many appointments as possible are made available each day. INIS plans to continue these measures at least until December to ensure demand is met.
In that regard, I am advised that over 9,600 people were registered with INIS in Dublin in the month of October – up significantly on the September figure. I am further advised that to the end of October in excess of 67,000 persons have been registered this year in Dublin representing an increase of 7.5% on the same period for 2017. INIS expects to register over well over 80,000 people in Dublin this year.
Appointments are made available twice daily with over 400 per day released for booking. The system is being kept under review to address any abuses that may emerge.
379. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of persons who hold an outstanding deportation order for timeframes in months (details supplied). [44640/18]
View answer380. Deputy Thomas Pringle asked the Minister for Justice and Equality the average length of time for an outstanding deportation order; and if he will make a statement on the matter. [44641/18]
View answerI propose to take Questions Nos. 379 and 380 together.
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that persons who are liable to deportation are non-EEA nationals who are without an immigration permission to be in the State. This usually follows a failed application for some form of immigration permission, where an application for international protection had been refused or where a person arrived in the State illegally and came to the attention of immigration authorities.
Persons are served with a formal notification of intention to deport, as provided for under section 3 of the Immigration Act 1999 (as amended) which sets out the options available to them, namely; to leave the State voluntarily, to consent to a Deportation Order being made or to submit written representations setting out the reasons why a Deportation Order should not be made in respect of them.
The Deputy might wish to note that many persons faced with these options choose to return voluntarily to their country of origin. In fact, in the period between 2011 and mid-October 2018, a total of 2,245 people exercised this option and proceeded to return to their home country, some of them with assistance from the International Organisation for Migration. Clearly there was no requirement to make a Deportation Order in any of those cases.
During the same period, a total of 9,197 deportations orders were made. The Deputy might note that such an order is only made after a detailed consideration of the individual circumstances of the case, under a variety of prescribed headings, including family and private life rights, and having regard to the prohibition on refoulement. When a Deportation Order is made and is served, the person concerned is legally obliged to remove themselves from the State and to remain out of the State. Many persons comply with the Order served on them but may not notify the immigration authorities that they have done so. Accordingly, it is not always possible for the INIS or the Garda National Immigration Bureau (GNIB) to know as to whether or not a Deportation Order has been complied with. It is only when a person served with such an Order fails to remove themselves from the State that the issue of enforced removal arises. During the period between 2011 and October, 2018, a total of 1,857 deportation orders were effected.
The Deputy might wish to note that a Deportation Order, once made and served, remains valid and in place unless and until it is formally revoked. Similarly, a person who is recorded as evading deportation, by dint of their non-compliance with a valid Deportation Order, is liable to arrest and detention to facilitate their deportation from the State.
381. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of submissions in the case of a person (details supplied); and if he will make a statement on the matter. [44648/18]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied on 27 April 2017 for a residence card as a family member of an EU citizen under the provisions of the European Communities (Free Movement of Persons) Regulations 2015 and Directive 2004/38/EC of the European Parliament and of the Council. They stated at that time that they were the spouse of a citizen of Italy.
This application was refused on 14 November 2017 as the Minister was not satisfied that the EU citizen concerned was exercising their EU Treaty Rights in the State through employment, self-employment, the pursuit of a course of study, involuntary unemployment or the possession of sufficient resources in conformity with Regulation 6(3) of the Regulations.
The person concerned requested a review of that decision on 24 November 2017, which application is currently at an advanced stage of consideration. INIS will correspond with the person concerned when a determination has been made in their case, and they may expect a decision within a period of weeks.
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 INIS is, in the Deputy's view, inadequate or too long awaited.
382. 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); when the application will be brought to a conclusion; and if he will make a statement on the matter. [44649/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in line with my response to his question in July of this year, the processing of the application for a certificate of naturalisation, received in February 2018 from the person referred to by the Deputy, is ongoing.
A letter issued to the person concerned on 24 October 2018 requesting certain documentation and a reply is awaited. Upon receipt of the requested documentation the case will be further processed.
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.
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.
383. Deputy Seán Haughey asked the Minister for Justice and Equality the number of gardaí by rank attached to a unit (details supplied); when this unit last received an increase in personnel; and if he will make a statement on the matter. [44687/18]
View answerAs 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.
Community policing is at the heart of An Garda Síochána as it recognises that every community, either urban or rural, has its own concerns and expectations. The role of a community Garda is not a specialist role in An Garda Síochána; rather it is the case that all Gardaí have a role to play in community policing in carrying out their duties. The official categorisation of Community Garda simply refers to those who are exclusively assigned to building relationships with local communities and civil society including giving talks to schools, community groups and others. It is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her having regard to the profile of the area and its specific needs
As the Deputy will be aware, Coolock Garda Station forms part of the Dublin Metropolitan Region (DMR) North Division. I am advised by the Garda Commissioner that the Garda strength of the Dublin Metropolitan Region (DMR) North Division on 30 September 2018 was 705, of whom 108 were assigned to Coolock Garda Station. Of those assigned to Coolock Garda Station 7 are categorised as Community Gardaí. There are also 40 Garda Reserves and 47 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 Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
I am informed by the Commissioner that since the reopening of the Garda College in September 2014 almost 2,200 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 35 have been assigned to Coolock Garda station. Garda numbers, taking account of projected retirements, increased to 13,551 at the end of 2017 - a net increase of over 600 since the end of 2016. This year a further 800 new Garda Recruits will enter the Garda College and we are on track to reach 14,000 by the end of 2018.
With the moratorium on recruitment and the closure of the training college Garda numbers dropped in all Divisions. We are still in the process of rebuilding to the numbers in the An Garda Síochána before the economic crisis. The numbers in Coolock have been steadily increasing since 2015 and as the accelerated recruitment continues into 2019 I am confident that the numbers of Gardaí stationed in Coolock will soon reach the pre crisis levels.
The recent report published by the Commission on the Future of Policing recommends a new district policing model, were all Garda personnel at district level, sworn and non-sworn, should work as a single district policing team, to solve problems affecting community safety, reduce crime and prevent harm. I, alongside my Departmental Officials, are currently analysing the Report and my officials are currently engaging in consultations with An Garda Síochána, the policing oversight bodies and the relevant Departments, in order to inform my substantive response and high-level implementation plan that I intend to bring to Government by December.
The information in relation to the number of Community Gardaí by Rank attached to the Community Policing Unit at Coolock Garda Station as of 30 September 2018, the latest date for which figures are currently available as provided by the Garda Commissioner, is as set out in the table.
Number categorised as Community Garda Coolock Garda Station 30 September 2018
|
Station |
Insp |
Sergeant |
Garda |
Total |
|
Coolock |
0 |
1 |
6 |
7 |
The number of Gardaí by rank assigned to Coolock Garda Station from 2009 to Sept 2018 is as set out in the table.
Number of Gardaí assigned to Coolock from 2009 - Sept 2018
|
Coolock |
GD |
SG |
IN |
SU |
CS |
AC |
TOTAL |
|
Sep-18 |
93 |
11 |
3 |
1 |
108 |
||
|
Dec-17 |
90 |
8 |
4 |
1 |
103 |
||
|
Dec-16 |
88 |
12 |
4 |
1 |
105 |
||
|
Dec-15 |
87 |
13 |
2 |
1 |
103 |
||
|
Dec-14 |
90 |
14 |
4 |
1 |
109 |
||
|
Dec-13 |
94 |
13 |
4 |
1 |
112 |
||
|
Dec-12 |
97 |
12 |
4 |
1 |
114 |
||
|
Dec-11 |
98 |
13 |
5 |
1 |
117 |
||
|
Dec-10 |
101 |
13 |
5 |
1 |
120 |
||
|
Dec-09 |
104 |
13 |
5 |
1 |
123 |
For more general information on Garda Facts and Figures please see the link: http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.
384. Deputy Seán Haughey asked the Minister for Justice and Equality the estimated cost in 2019 of recruiting an extra 180 prison officers; and if he will make a statement on the matter. [44688/18]
View answerI am advised by the Irish Prison Service that the full year cost of employing 180 new Recruit Prison Officers in 2019 would be €8.5m. However given that recruitment in 2019 will be staggered over the course of the year the actual cost will be somewhat less than this figure and will depend on the varying start dates of new recruits.
The recruitment of Recruit Prison Officers by the Irish Prison Service has been ongoing since 2017 and has regard to such factors as service needs and retirement levels.
It is anticipated that a similar level of annual recruitment will be necessary over the coming years in order for the Irish Prison Service to have sufficient numbers of Prison Officers to provide safe and secure custody for those in our care.
385. Deputy Seán Haughey asked the Minister for Justice and Equality the estimated amount it would cost to have a defibrillator installed in each Garda station that is open on a 24-7 basis; and if he will make a statement on the matter. [44689/18]
View answerAs the Deputy will appreciate, decisions in relation to the provision and allocation of Garda resources 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 am informed by the Garda authorities that the unit capital cost for a defibrillator is estimated at €1,130 (inclusive of VAT). This cost has been identified on the basis of the outcome of a tender competition for defibrillators run in 2017 by the HSE on behalf of the State, in line with Office of Government Procurement policy (i.e. agencies who are the largest buyer of a good or service are best placed to achieve value for money by tendering on behalf of all potential buyers).
I am further informed by the Garda authorities that as of 6 November 2018 there are 116 Garda stations open on a 24/7 basis. It is accordingly estimated that to install a defibrillator in each of these 116 stations would cost €131,080 (inclusive of VAT).
386. Deputy Seán Haughey asked the Minister for Justice and Equality if he has received a request from the Garda Commissioner for funding for the issuing of body cameras to each garda; if so, the details of same; and if he will make a statement on the matter. [44690/18]
View answerThe Deputy will appreciate that the Garda Commissioner is responsible for the provision of equipment for An Garda Síochána, including specialist equipment such as body worn cameras.
I have to date not received a request from the Garda authorities for funding for body cameras for issue to operational members of An Garda Síochána.
I have, however, been informed by the Garda authorities that a working group within An Garda Síochána is considering the operational, legal and financial issues connected with body cameras and is overseeing the development of a business case on the matter. I understand that upon approval by the Garda Commissioner, any final business case will be submitted to my Department for consideration.
387. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the breakdown of his Department’s allocations of €65 million for information and communications technology and €17 million building programme as provided for in budget 2019. [44750/18]
View answer432. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the breakdown of the €65 million for the An Garda Síochána information and communications technology capital budget for 2019. [45561/18]
View answer433. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the breakdown the €10 million An Garda Síochána capital budget for 2019. [45562/18]
View answer434. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the breakdown of the €65 million An Garda Síochána capital budget for 2019. [45563/18]
View answerI propose to take Questions Nos. 387 and 432 to 434, inclusive, together.
The Deputy has asked a number of questions in relation to Garda Síochána capital expenditure.
The Deputy will be aware that under the Garda Síochána Act 2005, the 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. Further, the Commissioner is responsible for directing and controlling and managing generally the administration and business of An Garda Síochána. As such, the management of Garda resources are a matter for the Commissioner, in light of his identified operational demands.
The resources available to An Garda Síochána have reached unprecedented levels, with an allocation for 2018 of more than €1.6 billion. The allocation to the Garda Vote for 2019 has been further increased to a total of €1.76 billion, representing an increase of over 6% over the initial allocation for 2018.
The Deputy will be aware that the 2019 allocation includes capital provision of some €92 million, representing an increase of over €30 million as compared to 2018. This will facilitate investment of €65 million in Garda ICT, a further €10 million investment in the Garda fleet and an investment of €17 million in the Garda estate. This capital investment is a key enabler in the ongoing reform programme.
It is a matter for the Garda Commissioner to determine how these resources can best be deployed. I understand, in that regard, 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.
In general terms, the provision of €65 million for ICT investment will enable An Garda Síochána to deploy the latest cutting edge technologies in delivering professional policing and security services for the community and deliver on reform. I understand from the Garda authorities that the specific list of projects to be undertaken in 2019 has yet to be finalised and as a result it is not possible to provide a list of specific projects at this time.
I am informed by the Garda authorities that the budget of €10 million available for the purchase and fit-out of Garda vehicles in 2019 will enable the replacement of vehicles reaching end of life or beyond economic repair. While the funds made available are expected to enable an increase in the size of the Garda fleet, I am informed that the specific number of additional vehicles and the mix of types and the fit-out required will be determined by the Commissioner in accordance with operational priorities.
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 cooperation 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 am advised by the Garda authorities that the €17 million allocated to the Garda estate will support a number of projects including commencement of works on the new Garda facility at Military Road to replace Harcourt Square, the refurbishment of the Fitzgibbon Street Garda Station (on which works have commenced in 2018), as well as supporting continued progress in delivery of the Garda Building and Refurbishment Programme 2016-2021.
388. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the details of the divisional protective services units building programmes that will commence in 2018. [44751/18]
View answer429. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide a list of all operational divisional protective services units, in tabular form. [45558/18]
View answer430. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide a list of An Garda Síochána divisions that will and will not require building works to provide for their protective services units in tabular form. [45559/18]
View answer431. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the amount of the €17 million capital budget allocated by his Department to the An Garda Síochána building programme for 2019 that has been directed to completing the necessary building works to accommodate the delivery of protective services units to all divisions by the end of 2019. [45560/18]
View answerI propose to take Questions Nos. 388 and 429 to 431, inclusive, together.
As the Deputy will be aware, under the Modernisation and Renewal Programme for An Garda Síochána 2016-2021, Divisional units of Garda National Protective Services Bureau are being rolled-out in two phases, supported by the Garda National Protective Services Bureau. Phase One has now been completed, with Divisional Protective Services Units established in three Divisions, in the DMR West, Cork City, and Louth Division.
I am informed by the Garda authorities that additional Divisional Protective Services Bureaus are now in the process of being established in DMR South Central; Waterford; Kerry; Kilkenny/Carlow; Limerick and Galway Garda Divisions. I am informed by An Garda Síochána that it is intended that Divisional Protective Services Bureaus will be established in all remaining Garda Divisions before the end of 2019.
I am informed by the Garda authorities that this initiative is being managed collaboratively between the Garda National Protective Services Bureau and each Divisional Officer. The pilot will inform the full roll-out to each Garda Division, by assessing and evaluating the Units initially selected including with reference to for example geographical size and population profile.
The Deputy will appreciate that matters relating to Garda accommodation are 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. As Minister, I have no direct role in these matters.
However I can confirm that, to enable the Commissioner and Gardaí to perform their functions, Budget 2019 provides an unprecedented level of public funding of €1.76 billion for An Garda Síochána in 2019. This includes an increase in the Garda capital allocation from €61 million to €92 million in 2019, a 50% increase. This will facilitate investment of around €65 million in ICT, a further €10 million investment in the Garda fleet and €17 million in the Building Programme. This investment clearly demonstrates the Government’s commitment to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime.
The provision of suitable accommodation for protective services units is a matter for An Garda Síochána and the OPW. The manner in which accommodation is delivered varies depending on the requirements for each location.
389. Deputy Catherine Murphy asked the Minister for Justice and Equality if he, his departmental officials and-or his ministerial predecessors have met companies and an organisation (details supplied) and-or representatives of same in the past three years to date; if so, if a schedule of those meetings and the associated minutes will be published; and if he will make a statement on the matter. [44780/18]
View answerIn respect of the Deputy’s question I can confirm that neither I nor my officials have met with the company and organisation in question nor with representatives who have identified themselves as such, in the past 3 years.
I am not in a position to confirm the position on behalf of my predecessors.
390. Deputy Mattie McGrath asked the Minister for Justice and Equality if matters in relation to text alert groups (details supplied) will be investigated; and if he will make a statement on the matter. [44803/18]
View answerThe Community Text Alert Groups rebate scheme is operated by Muintir na Tire and I have requested the information sought by the Deputy from Muintir na Tire and I will contact him directly when the information is to hand.
391. Deputy Joan Burton asked the Minister for Justice and Equality when the operation of the Multi-Unit Developments Act 2011 will be reviewed in view of the legislation being in place for the past seven years and the problems experienced by owners' management companies in respect of the collection and provision of adequate sinking funds; and if he will make a statement on the matter. [44834/18]
View answer396. Deputy Darragh O'Brien asked the Minister for Justice and Equality his plans to review the Multi-Unit Development Act 2011 with regard to sinking fund contribution minimum levels; and if he will make a statement on the matter. [44916/18]
View answerI propose to take Questions Nos. 391 and 396 together.
The position is that the Multi-Unit Developments Act 2011 was enacted with the primary purpose of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs). These are companies registered under the Companies Acts, the members of which are the owners of residential units within the development and which are established for the purposes of ownership and management of the common areas of that development.
Section 19(1) of the Act provides that an OMC must establish a sinking fund for the purpose of discharging expenditure reasonably incurred on the refurbishment, improvement or maintenance of a non-recurring nature of the multi-unit development concerned. Section 19(3) obliges the owner of each unit in the multi-unit development to make payment to the sinking fund of the amount of contribution fixed in respect of the unit concerned. Section 19(5) provides that the amount of the contribution to be paid to the sinking fund in respect of a particular year shall be €200.00 or such other amount as may be agreed by the members of the OMC at a meeting.
Thus, while there is a legal requirement on each OMC to establish and maintain a sinking fund, the determination of the annual contribution to the fund is a matter for each OMC. In the absence of such a determination, a contribution of €200.00 shall continue to apply. Section 19(1)(a) provides that expenditure may be incurred from the sinking fund in order to obtain advice from a suitably qualified person in relation to the likely reasonable costs of refurbishment, improvements or other expenditure of a non-recurring nature.
As regards the payment of agreed sinking fund contributions, section 22 of the 2011 Act provides that such contributions may be recovered by the OMC as a simple contract debt in a court of competent jurisdiction.
While I have no specific plans to review operation of the Multi-unit Developments Act 2011 at present, operation of the Act's provisions is kept under general review by my Department.
392. Deputy Louise O'Reilly asked the Minister for Justice and Equality the location of the submissions made to the consultations undertaken by his Department in each of the past ten years in tabular form; and if he will make a statement on the matter. [44863/18]
View answer393. Deputy Louise O'Reilly asked the Minister for Justice and Equality the consultations undertaken by his Department in each of the past ten years in tabular form; and if he will make a statement on the matter. [44881/18]
View answerI propose to take Questions Nos. 392 and 393 together.
Please find attached a table outlining public consultations undertaken and information related to the associated submissions, including the availability of submissions where they have been published.
The Deputy will be aware that a new Public Consultations Portal was launched on Gov.ie last September. This new portal is an easily accessible site that gathers details of all public consultations at local, regional and national levels into one central database. Members of the public can subscribe for notifications on updates to specific consultations. While the database currently links to various consultation pages including that of my Department, the intention in the long-term is to publish all relevant consultation and submission material to this hub once all Departments have moved over to the Gov.ie platform.
|
Year |
Public Consultations |
Submissions. |
|
2008 |
Public Consultation on the published General Scheme of the Civil Partnership Bill |
Not published |
|
2009 |
Conference on Mental Capacity - the conference formed part of the consultation process on the Government’s proposals for a Mental Capacity Bill, the Scheme of which was published in September 2008 |
Not Published. |
|
2009 |
WHITE PAPER ON CRIMEDiscussion Document No. 1July 2009Crime Prevention andCommunity Safety |
An overview of the written submissions received under this consultation is published on the Department’s website: http://www.justice.ie/en/JELR/Pages/WPOC_FirstDiscussion |
|
2009 |
Department of Justice and Equality Review on Gambling |
Published submissions are available on the Department’s website: http://cfpi.en/JELR/Pages/gambling-review-submissions |
|
2010 |
WHITE PAPER ON CRIMEDiscussion Document No. 2February 2010Criminal Sanctions |
An overview of the written submissions received under this consultation is published on the Department’s website: http://www.justice.ie/en/JELR/Pages/WPOC_SecondDiscussion |
|
2010 |
WHITE PAPER ON CRIMEDiscussion Document No. 3October 2010Organised and White Collar Crime |
An overview of the written submissions received under this consultation is published on the Department’s website: http://www.justice.ie/en/JELR/Pages/WPOC_ThirdDiscussion |
|
2011 |
Consultation on Review of the Code of Practice on the Sale and Display of Alcohol in Mixed Trade Premises |
The Minister presented the conclusions drawn from the consultation process in response to several parliamentary questions on the subject (for example, PQ 22646/12 of 8 May 2012). |
|
2011 |
WHITE PAPER ON CRIMEDiscussion Document No. 4June 2011The Community and theCriminal Justice System |
An overview of the written submissions received under this consultation is published on the Department’s website: http://www.justice.ie/en/JELR/Pages/WPOC_FourthDiscussion |
|
2011 |
White Paper on CrimeReport on the Consultation Session withOlder Citizens on the Issue of Crime, November 2010(Published January 2011) |
A report on this consultation session is available on this Department's website. |
|
2011 |
WHITE PAPER ON CRIMECONSULTATION PROCESSReport of the Consultation with Young People November 2010(Published April 2011) |
A report on this consultation session is published on this Department’s website. |
|
2011 |
Consultation process on new Human Rights and Equality Body |
Information is available at www.upr.ie |
|
2011 |
Interim Review of the First National Action Plan to Prevent and Combat Human Trafficking in Ireland |
Submissions were appended to the Review which was published on the State’s dedicated anti-trafficking website - www.blueblindfold.ie |
|
2011 |
Preparation of Universal Periodic Review Cycle 1 Report |
Information is available at www.upr.ie |
|
2011 |
Consultation on Mental Capacity - the conference formed part of the consultation process on the Government's proposals for a Mental Capacity Bill, the scheme of which was published in September 2018. |
Not published. |
|
2012 |
Consultation on European Commission’s proposal for a new Data Protection Regulation |
The submissions were released in response to freedom of information requests. |
|
2012/13 |
Development of National Disability Strategy Implementation Plan 2013-2015 |
The submissions were made available on this Department's website and later removed following publication of the Implementation Plan. |
|
2012 |
An Interdepartmental Group was established to examine issues relating to people with mental illness or a mental disorder interacting with the criminal justice system and it agencies. Submissions were invited from the public. |
Not Published. |
|
2013 |
Consultation symposium on the Assisted Decision-Making (Capacity) Bill 2013 25 September 2013 to seek views on the Bill as published |
Not Published. |
|
2013 |
Review of Rent Review Arbitration Code |
Not Published. |
|
2014 |
Regional consultation sessions held with residents (asylum seekers/refugees) in 10 locations (Reception Centres) and were facilitated with the assistance of regional and local support groups. These were held on dates between 15 January 2015 and 17 February 2015. 371 persons in total attended the sessions. 5 members of the Working Group attended each consultation. |
Submissions are summarised and findings set out in detail in the McMahon Report pages 259-381. |
|
2014 |
Strategy Statement 2015-2017 |
Not Published. |
|
2014 |
Judicial Appointments Process |
Not Published by this Department. Submitting bodies published their submissions. |
|
2014/2015 |
Firearms Licensing |
Not Published. |
|
2015 |
Preparation of Universal Periodic Review Cycle 2 Report |
Further information is available at www.upr.ie |
|
2015 |
Regulation of the Trade in Precious Metals and Stones |
Not Published. |
|
2015 |
Open Policy Debate on Criminal Justice Inspectorate and ratification of OPCAT |
Submissions were not published as they were private submissions from third parties. However, a discussion document on the matters under consideration was published on the Department’s website. |
|
2015 |
Consultation on the Draft Second National Action Plan to Prevent and Combat Human Trafficking in Ireland |
Not Published. |
|
2016 |
A consultation event was held with NGOs and Civil Society Groups to workshop the recommendations of the Penal Policy Review Group. |
This event was held to discuss recommendations made by the Penal Policy Review Group and to assist in informing a plan on the implementation of the recommendations. Written submissions were not received. |
|
2016 |
Consultation on Data protection safeguards for children (‘digital age of consent’) |
The submissions are available on this Department's website. |
|
2016 |
Preparation of combined sixth and seventh periodic report to the UN CEDAW Committee |
The submissions are available on this Department's website. |
|
2016 |
Defamation Act Review |
The submissions are available on this Department's website. |
|
2016 |
National Disability Inclusion Strategy |
The submissions were published on this Department's website and later removed following publication of the Strategy. |
|
2016 |
National Traveller and Roma Integration Strategy |
The summary of the submissions is available on this Department's website. |
|
2016 |
National Strategy Statement 2017-2020 |
Not Published. |
|
2016/2017 |
New National Women’s Strategy Public Consultation Meetings. |
A summary of the views expressed at the National Women’s Strategy Public Consultation meetings is given in the document “Towards a new National Women’s Strategy 2017-2020:Outcomes of the Public Consultation Meetings December 2016- January 2017”. This document is on the website genderequality.ie Written submissions received are retained in the Department. |
|
2017 |
Review of Part Three of the Personal Insolvency Act |
The submissions are available on this Department's website. |
|
2017 |
Gender Pay Gap Consultation 2017. |
A document named “Gender Pay Gap Public Consultations 2017: Measures to tackle the Gender Pay Gap” is a compilation of submissions received during the gender pay gap public consultation period. This document is on the websitegenderequality.ie |
|
2017 |
A consultation event was held with NGOs, Civil Society Groups and any interested parties in advance of Ireland’s appearance before the United Nations Committee Against Torture (UNCAT) for consideration of the 2nd National Report |
This event was held to give the relevant organisations a voice in advance of Ireland’s appearance before UNCAT. It ensured that the Department were aware of topical issues and were in a position to update the Committee on these issues. Written submissions were not received. |
|
2017 |
Realistic Imitation Firearms |
Not Published. |
|
2017 |
Part 15 of the Legal Services Regulation Act 2015 – Draft Regulations on Pre Action Protocols for Clinical Negligence Cases. |
Not Published. Some submissions published by the listed bodies/draft regulations and legal advices under ongoing consideration. |
|
2018 |
Consultation with Garda Youth Diversion Projects in relation to future funding arrangements |
The consultation process mainly consisted of meetings with individual Garda Youth Diversion Projects and other stakeholders. A limited number of written responses were received, but were not published in view of the targeted nature of the subject matter. The Department provided feedback to the project network on conclusion of the process. |
|
2018 |
Young Persons Consultation regarding the future operation of Garda Youth Diversion Projects. |
The consultation was with selected participants in Garda Youth Diversion Projects and was facilitated by the Participation Hub in the Department Children and Youth Affairs so there were no submissions. A report on the consultation is nearing final draft stage and will be published shortly. |
|
2018 |
Consultation on draft National Standards for accommodation offered to People in the Protection Process |
The consultation process concluded in September 2018 and the results are currently being collated. |
394. Deputy Gino Kenny asked the Minister for Justice and Equality if his attention has been drawn to the immense danger that asylum seekers are placed in when they are deported back to the country from which they originally fled in search of refuge; his views on the recent rise in such deportations; and if he will make a statement on the matter. [44907/18]
View answerIt is important that the Deputy is aware that the State cannot and does not deport asylum seekers who have applied for protection under the International Protection Act 2015. Section 16 of the International Protection Act 2015 provides for a protection applicant to remain in the State while their protection application is being examined. Such permission stays in place during the determination of their claim by the International Protection Office and any subsequent appeals bodies or the Courts.
All applicants for international protection are interviewed and their cases are individually assessed. The circumstances of each individual case is assessed having regard to both the subjective elements (the applicant’s own account or personal history) and objective elements (up-to-date information on the applicant’s country or place of origin). Supporting documentation submitted by applicants is also taken into account. Country of Origin information is obtained from a variety of legitimate sources such as the United Nations High Commissioner for Refugees (UNHCR), Amnesty International and other NGOs, the European Asylum Support Office (EASO), the US State Department and the Canadian Immigration and Refugee Board. Applicants may appeal a recommendation by the International Protection Office that they are not in need of international protection to the International Protection Appeals Tribunal. It is also important to note that free legal aid is available to applicants for international protection. All stages of the process may be the subject of additional judicial reviews.
When after these extensive procedures an applicant has been found not to be in need of international protection, that person is no longer an asylum seeker and in need of international protection.
Failed asylum seekers are also considered by the Minister under section 49 of the International Protection Act 2015 as to whether the person should be given a permission to remain on other grounds, including for humanitarian reasons. A refoulement consideration must also be carried out under section 50(1) of the Act prior to a deportation consideration. This involves consideration of whether returning the person would result in the life or freedom of that person being threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion, or whether the person would be subjected to torture or to inhuman or degrading treatment or punishment. Clearly, no person is returned to their country of origin, or their place of former habitual residence, where there is a credible risk to their life or freedom
Only after all of these matters have been considered, and the appropriate evidence-based conclusions drawn, can a decision to deport a person whose application has failed. The Deputy can be assured that all matters advanced by a person facing deportation are considered in detail before the ultimate decision, to deport or not to deport, is taken.
395. Deputy Robert Troy asked the Minister for Justice and Equality the status of the work of the interdepartmental group established to consider increasing the level of parental leave paid during the first year of a child's life; and if he will make a statement on the matter. [44914/18]
View answerAs the Deputy will be aware, as part of Budget 2019, the Government announced the introduction of a new paid parental leave scheme which will commence in late 2019. This new scheme will, once approved by Government, initially, provide for 2 weeks of paid, non-transferable leave per parent, with a view to expanding the scheme in future years.
This new scheme delivers on the commitment in the Programme for Partnership Government to increase paid parental leave during the first year of a child’s life, as research shows that parental care is of particular importance and benefit in the first twelve months.
The new scheme is the key recommendation of the report of an interdepartmental committee which was established to develop recommendations as to how the Programme for Partnership Government commitments could be best implemented.
397. Deputy Clare Daly asked the Minister for Justice and Equality if there is an obligation on An Garda Síochána to expunge details of offences for which convictions have become spent from PULSE. [44942/18]
View answer398. Deputy Clare Daly asked the Minister for Justice and Equality if it is normal practice as part of the Garda vetting procedure to issue a vetting report that includes a note in regard to a conviction that has become spent for a person that is not seeking to work with children or vulnerable adults; and if he will make a statement on the matter. [44943/18]
View answerI propose to take Questions Nos. 397 and 398 together.
The Deputy will be aware that the effect of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 is that, although it remains part of the criminal record, the person shall not incur any liability or be otherwise prejudiced in law because he or she did not disclose the spent conviction or the circumstances ancillary to that conviction.
There is no formal procedure to be gone through to have a conviction declared spent. If the conviction is eligible to be spent it becomes spent once 7 years has passed from the date of conviction. I am further advised that the effect of a spent conviction is that a person would not be penalised for failing to disclose a conviction that is spent. The fact that a conviction may be a spent conviction does not mean it ceases to be part of the person's criminal record. However, disclosure is required in certain circumstances including for example for specified work, such as with An Garda Síochána and the Defence Forces, and for public service vehicle, private security, taxi and firearm licences. If someone has been convicted of fraud, deceit or dishonesty in respect of a claim under a policy of insurance or a policy of assurance, they have to disclose that conviction on any insurance or assurance proposal or form.
Arising from this, An Garda Síochána are not required to expunge the details of such offences from PULSE.
With regard to the Garda vetting procedure, the Deputy will appreciate that the primary purpose of the employment vetting carried out by the Garda National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults. It is carried out by An Garda Síochána primarily in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016.
I am informed by the Garda authorities that disclosures by An Garda Síochána for persons not seeking work with children or vulnerable adults are made in accordance with Section 6 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016. I am informed that it is normal practice, as part of such disclosures, to include particulars of the criminal record, if any, relating to the person, or a statement that there is no criminal record in relation to the person. A disclosure shall not contain details of any convictions which are "spent" as provided for in Section 6 of the 2016 Act subject to the provisions mentioned above.
