Written Answers Nos. 262-277
262. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the date on which the current extension of the direct provision contract at a location (details supplied) expires in 2019; and if no decision regarding the future of the current residents will be made until the current tendering process is completed and new contracts are awarded in early 2019. [46574/18]
View answerFollowing extensive discussions with the contractor for the Accommodation Centre at the Towers Hotel, Clondalkin, Dublin 22, an agreement has been reached to extend the current contract until mid 2019.
Quite separate to that extension, a public procurement competition is currently ongoing for premises within 40km of Newbridge. It is a matter entirely for the contractor in that premises to make a decision as to whether to enter that competition.
It is anticipated that the competition will be concluded no later than January 2019.
No decision can be made regarding the current residents until that process is complete.
263. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the reason a person (details supplied) appears to continue to be unqualified for regularisation of the person's residency status including entitlement to stamp 4, which the person held previously; if provision will be made for the person's child, who is a holder of a medical card and in respect of whom an issue has been raised by the educational authorities regarding entitlement to a specific fee consideration; if it is recognised that other members of the person's family have received favourable consideration in respect of residency status; and if he will make a statement on the matter. [46598/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned had permission to remain in the State until 22 November 2016, at which stage permission lapsed. The person has not engaged with INIS in relation to a renewal of permission, or otherwise, since then. The Deputy will appreciate that, under the relevant provisions of the Immigration Act, 2004, a non-national may not be in the State other than within the terms of a permission from the Minister for Justice and Equality.
I am further informed that it is open to the person to concerned to apply for permission to remain in the State on the basis of their parentage of an Irish citizen child. Any such application must be submitted on the Irish Citizen Child Application Form which is available on 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 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.
264. Deputy Brendan Griffin asked the Minister for Justice and Equality if compensation is available for persons who incur expenses (details supplied) in cases in which a court case is cancelled at the last minute through no fault of their own; and if he will make a statement on the matter. [46661/18]
View answerAs the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. Furthermore, the scheduling of court cases and the allocation of court business is a matter for the Presidents of the Courts and the presiding judges who are, under the Constitution, independent in the exercise of their judicial functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the legal costs and allowable expenses of litigants in courts, including, depending on the circumstances, costs and expenses of scheduled hearings which may not have proceeded, are generally awarded at the end of Court proceedings.
The Courts service has advised that costs and expenses are awardable at the discretion of the Court, but generally are awarded to the successful litigant. If a litigant is legally aided their legal expenses would generally be covered by Legal Aid.
Under the Criminal Legal Aid Scheme, a solicitor can engage an expert witness to assist in matters associated with the defence of their client. Where an expert witness has incurred expenses for a cancelled court date and makes a claim, the claim is assessed by my Department, and the claim is paid where warranted. Under the Criminal Legal Aid Scheme there is no entitlement for barristers to claim travel and subsistence expenses.
265. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in updating stamp 4 in the case of a person (details supplied); and if he will make a statement on the matter. [46679/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has applied for the renewal of their permission to remain which expired on 01 November 2018. That application is under consideration at present. Such applications are examined having regard to, among other things, the relevant applicant’s compliance with the conditions attaching to their earlier permission to remain which include: that they have obeyed the laws of the State; that they have not become involved in criminal activity; that they have made every effort to gain employment and not be a burden on the State and that they have resided continuously in the State, allowing for reasonable periods of absence from the State for holidays, exceptional family circumstances or commitments outside the State arising from business or employment carried on within the State. Such factors will also be considered in the context of the case of the person concerned.
Once a decision has been made on this application – to renew or to refuse to renew their permission to remain – this decision will be conveyed in writing.
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.
266. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality if he has approved a contract to a company (details supplied) to accommodate up to 80 refugees at a hotel; and if he will make a statement on the matter. [46704/18]
View answerIn January and again in September of this year, the Reception and Integration Agency (RIA) of my Department published a call for expressions of interest in the national press for premises to meet the increasing demand for accommodation for persons in the protection process. It is worth noting that refugees are persons who have already been granted international protection status in Ireland. This accommodation is for those seeking international protection, namely asylum seekers.
This call sought expressions of interest from parties who would be interested in providing accommodation and related services on an urgent and emergency basis. This was issued in response to the urgent and unforeseen demand for accommodation and related services from those persons arriving in the state seeking international protection.
The criteria against which the Department assessed the offers of accommodation were availability, standard of property, ability to provide communal social spaces for residents, ability to cater at mealtimes and proximity to required various services.
It should be noted that these premises were offered to the Department by individual contractors across the country. The Department did not randomly choose any one location over another location.
Following on-site assessments carried out by staff in the Department, the offer of the Shannon Key West Hotel in Rooskey was deemed to be suitable premises for the needs of the Department. The premises is available, decorated to a high standard, capable of providing meals to residents and has scope to provide the required communal social areas required by residents.
My Department has reached agreement with Abbey Castle Accommodation Limited to provide accommodation and ancillary services at the Shannon Key West Hotel for up to 81 persons for one year, pending the completion of all necessary works.
267. Deputy Clare Daly asked the Minister for Justice and Equality the likely date that Part 9 of the Children and Family Relationships Act 2015 will be commenced. [46722/18]
View answerPart 9 of the Children and Family Relationships Act 2015 provides for a number of amendments to the Civil Registration Act 2004, all of which have yet to be commenced.
Sections 92, 93, 95 and 99 of the 2015 Act provide for the registration and re-registration of the birth of a donor-conceived child. These sections cannot be commenced until Parts 2 and 3 of the 2015 Act are brought into operation by the Minister for Health. The Children and Family Relationships (Amendment) Bill 2018 was enacted on 24 July 2018. This Act was introduced to correct typographical and technical errors in the Children and Family Relationships Act 2015, which will facilitate the subsequent commencement of Parts 2 and 3 of the 2015 Act. It is the Minister for Health's intention that Parts 2 and 3 of the 2015 Act will be commenced as soon as possible.
Officials from my Department, the Department of Employment Affairs and Social Protection, and the Department of Health are working to coordinate the scheduling of the commencement of sections 92, 93, 95 and 99 of the 2015 Act once Parts 2 and 3 of the Act have been commenced and the appropriate regulatory and operational mechanisms are in place to allow for birth registration of donor-conceived children.
The commencement of the other sections of Part 9 of the 2015 Act (unrelated to birth registration of donor-conceived children) is dependent on provisions of the Civil Registration (Amendment) Act 2014 being commenced by the Minister for Employment Affairs and Social Protection. These sections may be commenced separately and do not affect the bringing into force of the provisions on birth registration of donor-conceived children.
268. Deputy James Browne asked the Minister for Justice and Equality his plans to revise harassment laws here taking into consideration the impact of cyberbullying on the mental health of a person; and if he will make a statement on the matter. [46770/18]
View answerI can assure the Deputy that work is underway to progress legislation to reform the law in the area of harassment, with a particular focus on harmful communications online in light of growing concerns in relation to the impact of such behaviours. The Law Reform Commission published a comprehensive report on Harmful Communications and Digital Safety in September 2016. This report contained a number of recommendations to further strengthen the criminal justice and regulatory response to harm perpetrated online.
In December 2016, the Government approved the preparation of the general scheme of a Bill to address the criminal law elements of the Commission's report. Subsequently, as the Deputy will be aware, Deputy Brendan Howlin published a Private Member’s Bill entitled the Harassment, Harmful Communications and Related Offences Bill 2017 which completed second stage in the Dáil in January 2018 and was not opposed by Government. The main provisions of the Bill as published include extending the existing offence of sending threatening or indecent messages to apply to all threatening, false, indecent and obscene messages using any form of online or traditional method of communications. The Bill creates new offences to deal with the distribution of intimate images without consent. The Bill also proposes extending the existing offence of harassment as contained in section 10 of the Non-Fatal Offences Against the Person Act, 1997 to include all forms of communication, including through online or digital communications, and including communication about a person, which is most relevant to this question.
Cabinet agreed in May this year to cease work on the Government Bill and to support Deputy Howlin's Bill to ensure that legislation can be enacted as swiftly as possible. Officials in my Department have met with Labour Party officials with the intention of identifying and bringing forward any necessary Government amendments to ensure the Bill can be as effective as possible. I am currently awaiting legal advice from the Office of the Attorney General in relation to these proposed amendments and I am committed to enacting this legislation at the earliest possible opportunity.
269. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of vehicles allocated to Coolock and Raheny Garda districts as of 1 January 2018 and 2 November 2018; and if he will make a statement on the matter. [46774/18]
View answerThe 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.
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 Coolock and Raheny Garda Districts are part of the DMR North Division. Between 1 January and 8 November 2018, 6 vehicles were allocated to the DMR North Division, of which two were allocated to Coolock and one to Raheny.
I am further informed by the Garda authorities that the following table outlines the total vehicles allocated to the Garda districts which comprise DMR North Division as of 8 November 2018.
|
District |
2018 |
|
Balbriggan |
11 |
|
Ballymun |
55 |
|
Coolock |
24 |
|
Raheny |
20 |
|
DMR North Division Total |
110 |
270. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of gardaí who successfully completed the Garda van driving course in 2017 and to date in 2018; when this course will run again; the maximum number of gardaí per course; and if he will make a statement on the matter. [46775/18]
View answerAs you will appreciate, it is the Garda Commissioner who is responsible for managing the business of An Garda Síochána including the training of the Garda members and staff of An Garda Síochána and I, as Minister, have no direct role in the matter.
I am informed by the Commissioner that there is a five level suite of competency based driving (CBD) courses, with each level specifically catering for the required knowledge base, skill set and operational requirements of members undergoing the relevant training.
The five level suite covers an initial driving assessment at CBD 1 to advanced driving including the highest level of road craft and all competency areas necessary to drive high powered vehicles at CBD 4 and the training of Garda driving instructors at CBD 5.
I am further informed by the Commissioner that CBD 2 which is the standard course and is delivered on a continual basis with a maximum of 12 participants on each course. Where scheduling allows, a category B van module is delivered during this course which, on completion, entitles successful participants to drive vans requiring a category B driving licence.
I am advised that van personnel training courses are delivered subject to the operational needs of the organisation with a maximum of 3 participants on each course. On successful completion participants are allowed to drive vans which require a category D1 driving licence.
For the Deputy’s information I have set out below the information requested as provided by the Commissioner.
|
YEAR |
COURSE |
|
|
2017 |
CBD2 Training with category B Van Driving Module |
373 |
|
Van/Personnel Carrier Training Course (category D1) |
187 |
|
|
2018* |
CBD2 Training with category B Van Driving Module |
151 |
|
Van/Personnel Carrier Training Course (category D1) |
92 |
*As of 13 November 2018
271. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of warrants issued in the past six months that were executed; and if he will make a statement on the matter. [46776/18]
View answerI have requested a report from the Garda authorities in relation to this matter and I will contact the Deputy directly when the report is to hand.
272. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the basis on which a deportation order was revoked and by whom in the case of a person (details supplied); the way in which the case will now be processed; and if he will make a statement on the matter. [46777/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is currently a deportation order in effect for this person. A previous deportation order was revoked by senior management in the INIS, acting on my behalf, in circumstances where the person had an application for international protection accepted by the International Protection Office. In such circumstances, a Deportation Order ceases to have legal effect, and as such, must be revoked.
That application for international protection was subsequently refused, in accordance with the provisions of the European Union (Subsidiary Protection) Regulations 2013 and a notification of intention to deport, under section 3 of the Immigration Act 1999 (as amended), was issued to the person concerned by letter dated 20th July, 2018. That communication advised the person concerned of the options open to them as a result. I am advised that the person concerned has submitted written representations in response to that notification. These representations, together with all other information and documentation on file, will be fully considered, under section 3(6) of the Immigration Act 1999 (as amended), and all other applicable legislation, before a final decision is taken. Once such a decision has been made, this decision will be notified in writing.
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.
273. Deputy Eugene Murphy asked the Minister for Justice and Equality if he will clarify the plans in relation to the creation of a centre for refugees in Rooskey, County Leitrim; the details of the contract; the date for the arrival of the refugees; the number of refugees; the timeframe of the project; and if he will make a statement on the matter. [46866/18]
View answerIn January and again in September of this year, the Reception and Integration Agency (RIA) of my Department published a call for expressions of interest in the national press for premises to meet the increasing demand for accommodation for persons in the protection process (asylum seekers).
This call sought expressions of interest from parties who may be interested in providing accommodation and related services on an urgent and emergency basis. This was issued in response to the urgent and unforeseen demand for accommodation and related services from those persons arriving in the state seeking international protection.
The criteria against which the Department assessed the offers of accommodation were availability, standard of property, ability to provide communal social spaces for residents, ability to cater at mealtimes and proximity to various other services.
It should be noted that these premises were offered to the Department by individual contractors across the country. The Department did not randomly choose any one location over another location.
Following on-site assessments carried out by staff in the Department, the Shannon Key West Hotel in Roosky was, subject to refurbishment work being completed, deemed to be a suitable premises for the needs of the Department. The premises is available, capable of providing meals to residents, has scope to provide the required communal social areas required by residents and is located close to other services.
My Department has engaged with the Chief Executive of Leitrim County Council and has provided the elected members of Leitrim County Council with information regarding the opening of the new accommodation centre.
As with every other accommodation centre in the country, my Department works closely with the HSE, the Departments of Education & Skills and Employment Affairs and Social Protection and all other relevant Government Departments and Agencies to coordinate the delivery of State services to residents.
The Shannon Key West Hotel is contracted to provide accommodation and ancillary services for up to 81 asylum seekers for one year, pending the completion of all necessary works and compliance with all regulatory requirements. The current timeframe for the completion of those works (which are the responsibility of the contractor) would mean that the centre would open at the earliest in mid-December.
As I have indicated, this centre is opening on an emergency and time-limited basis. In order to meet the accommodation needs in the longer term, the Department has recently commenced a public procurement exercise under which public tenders for the provision of accommodation and ancillary services by way of the independent living model, to persons in the protection process, will be advertised. This process is scheduled to continue throughout 2019 and for completion in 2020. This will be delivered via a series of regional competitions to cover the entire State.
274. Deputy Eugene Murphy asked the Minister for Justice and Equality the supports and capacities that will be made available to Leitrim and Roscommon county councils to support the integration of refugees to the proposed refugee centre in Rooskey, County Leitrim; and if he will make a statement on the matter. [46867/18]
View answerIn January and again in September of this year, the Reception and Integration Agency (RIA) of my Department published a call for expressions of interest in the national press for premises to meet the increasing demand for accommodation for persons in the protection process (asylum seekers). It is worth noting that refugees are persons who have already been granted international protection status in Ireland. This accommodation is for those seeking international protection.
This call sought expressions of interest from parties who may be interested in providing accommodation and related services on an urgent and emergency basis. This was issued in response to the urgent and unforeseen demand for accommodation and related services from those persons arriving in the state seeking international protection.
Following on-site assessments carried out by staff in the Department, the Shannon Key West Hotel in Roosky was, subject to refurbishment work being completed, deemed to be suitable premises for the needs of the Department.
It should be noted that these premises were offered to the Department by individual contractors across the country. The Department did not randomly choose any one location over another location.
The Contractor will be required to set up a 'Friends of the Centre' group as recommended by the McMahon report to facilitate linkages between the residents and the local community to encourage integration. In addition, my Department has granted funding in the order of €43,033 to a number of groups in Roscommon and Leitrim under the Communities Integration fund in 2017 and 2018. In addition, a number of national programmes are funded through the Asylum Migration and Integration Fund that focus on integration measures including funding granted to the Football Association of Ireland, The Immigrant Council of Ireland and the Migrant Rights Centre of Ireland.
With specific regard to both Leitrim and Roscommon County Councils, both local authorities run Social Inclusion and Community Activation Programmes (SICAP). SICAP is co-funded by the Irish Government, through the Department of Rural and Community Development and the European Union's European Social Fund Programme for Employability, Inclusion and Learning 2014-2020.
My Department will work closely with both local authorities to identify programmes and initiatives to encourage integration measures for the residents of the accommodation centre in Roosky as appropriate.
275. Deputy Eugene Murphy asked the Minister for Justice and Equality the level of supports which will be available to local integration and community building projects in conjunction with the provision of a refugee centre in Rooskey, County Leitrim. [46868/18]
View answerIn January and again in September of this year, the Reception and Integration Agency (RIA) of my Department published a call for expressions of interest in the national press for premises to meet the increasing demand for accommodation for persons in the protection process (asylum seekers). It is worth noting that refugees are persons who have already been granted international protection status in Ireland. This accommodation is for those seeking international protection.
This call sought expressions of interest from parties who may be interested in providing accommodation and related services on an urgent and emergency basis. This was issued in response to the urgent and unforeseen demand for accommodation and related services from those persons arriving in the state seeking international protection.
Following on-site assessments carried out by staff in the Department, the Shannon Key West Hotel in Rooskey was, subject to refurbishment work being completed, deemed to be suitable premises for the needs of the Department.
It should be noted that these premises were offered to the Department by individual contractors across the country. The Department did not randomly choose any one location over another location.
The Contractor will be required to set up a 'Friends of the Centre' group as recommended by the McMahon report to facilitate linkages between the residents and the local community to encourage integration. In addition, my Department has granted funding in the order of €43,033 to a number of groups in Roscommon and Leitrim under the Communities Integration fund in 2017 and 2018. In addition, a number of national programmes are funded through the Asylum Migration and Integration Fund that focus on integration measures including funding granted to the Football Association of Ireland, The Immigrant Council of Ireland and the Migrant Rights Centre of Ireland.
The Department intends to issue a further call for proposals under the Communities integration Fund in 2019 and would welcome submissions from community and voluntary groups interested in assisting in the integration of residents in the accommodation centre in Roosky. In the interim, my Department will work closely with interested community groups to identify programmes and initiatives to encourage integration measures for those residents.
276. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the number of direct provision centres operational here; the respective locations of each; and the number of households living in each centre in tabular form. [46959/18]
View answerThere are currently 38 centres located in 17 counties throughout the state. The name and location of all our contracted accommodation centres are shown below:-
|
COUNTY |
CENTRE |
ADDRESS |
Number of family units |
|
Clare |
Knockalisheen |
Meelick |
25 |
|
King Thomond* |
The Bog Road, Lisdoonvarna |
||
|
Cork |
Ashbourne Hse |
Glounthaune |
29 |
|
Kinsale Road |
Cork |
24 |
|
|
Glenvera |
Wellington Road |
0 |
|
|
Millstreet |
Millstreet |
53 |
|
|
Clonakilty Lodge |
Clonakilty, Co. Cork |
31 |
|
|
Davis Lane* |
73-75 Davis Street, Mallow, Co. Cork. |
||
|
Dublin |
The Towers |
The Ninth Lock, Clondalkin, D.22 |
41 |
|
Hatch Hall |
28 Lower Hatch Street, Dublin 2 |
13 |
|
|
Galway |
Eglinton |
The Proms, Salthill |
45 |
|
Great Western House |
Eyre Square |
0 |
|
|
Kerry |
Atlas House (Killarney) |
Killarney |
15 |
|
Atlas House (Tralee) |
Tralee |
0 |
|
|
Johnston Marina |
Tralee |
19 |
|
|
Linden House |
New Road, Killarney |
0 |
|
|
Park Lodge |
Killarney |
0 |
|
|
Atlantic Lodge* |
Kenmare |
||
|
Kildare |
Hazel Hotel* |
Dublin Road, Monasterevin |
|
|
Eyrepowell |
Newbridge |
5 |
|
|
Laois |
Hibernian Hotel* |
Main Street Abbeyleix |
|
|
Montague |
Emo, Portlaoise |
17 |
|
|
Limerick |
Hanratty's* |
Glentworth Street, Limerick |
0 |
|
Mount Trenchard |
Foynes, |
0 |
|
|
Longford |
Richmond Court |
Richmond Street, Longford |
0 |
|
Mayo |
The Old Convent |
Ballyhaunis |
51 |
|
Meath |
Mosney |
Mosney |
173 |
|
Monaghan |
St. Patricks |
Monaghan |
26 |
|
Sligo |
Globe House |
Chapel Hill |
19 |
|
Tipperary |
Bridgewater House* |
Carrick-on-Suir, Co. Tipperary |
0 |
|
Waterford |
Atlantic House |
Tramore, |
0 |
|
Ocean View |
Tramore, |
22 |
|
|
Birchwood |
Ballytruckle Road |
28 |
|
|
Viking House |
Coffee House Lane |
0 |
|
|
Westmeath |
Temple Accommodation* |
Horseleap, Moate, |
|
|
Athlone Accommodation Centre |
Lissywoollen, Athlone |
45 |
|
|
Dublin |
Balseskin (Initial Reception Centre) |
St. Margarets, Finglas, Dublin 11 |
29 |
|
Louth |
Carroll Village |
Dundalk |
8 |
The number of family households in each centre is collated annually and the position at the end of last year is shown above. Centres marked with an asterisk are either single persons only centres or were not opened at the end of 2017.
277. Deputy Sean Sherlock asked the Minister for Justice and Equality the number of stabbings or knife crimes recorded from January 2015 to date in 2018; and the number of fatalities recorded. [46967/18]
View answerAs the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics.
However, it is my understanding that the information being sought by the Deputy in relation to this particular crime category is not available through the CSO at this time. To be of assistance, I have requested that the CSO forward the relevant statistics to the Deputy as soon as they become available.
