Written Answers Nos. 246-265
246. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if stamp 4 status will be offered in the case of a person (details supplied); if consideration will be given to awarding them temporary stamp 4 status; and if he will make a statement on the matter. [47717/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
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, in advance of a final decision being made.
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.
247. Deputy Catherine Murphy asked the Minister for Justice and Equality if his attention has been drawn to section 48 of the Garda Síochána Act 2005, which sets out the instances in which the Minister may contribute to the costs of a member of An Garda Síochána who is charged with a criminal offence in the context of legal representations being offered to a person (details supplied); if he has engaged with the Garda Síochána Ombudsman Commission regarding this matter; the general nature of his engagements with the Commission in this regard; and if he will make a statement on the matter. [47731/18]
View answerI can confirm to the Deputy that the person referred to is a named party in a civil action against the Minister for Justice and Equality, Ireland, the Attorney General and the Garda Commissioner, relating to matters which arose during his tenure as Commissioner.
The Deputy refers to a provision of the Garda Síochána Act 2005 Act ("the Act") providing that the Minister may contribute to the legal costs of a member of the Garda Síochána who is charged with a criminal offence - that circumstance is provided for at section 49 (rather than section 48) of the Act.
Section 49 of the Act relates to criminal proceedings. By contrast, the person referred to by the Deputy is a named party in civil proceedings. Section 49 of the Act is therefore not applicable in this case and the question of the involvement of the Garda Síochána Ombudsman Commission does not arise.
I can confirm that in accordance with section 48 of the Garda Síochána Act 2005, on the recommendation of the Acting Garda Commissioner and in accordance with normal procedures, I approved an application for the granting of State representation to the person concerned on 13 July 2018.
It is important to note that State representation does not constitute an undertaking or grant of indemnity. Nor does the granting of representation imply that a case is being defended, rather it simply means the party is legally represented.
248. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if his attention has been drawn to the fact that persons are finding it difficult to secure an appointment through the online booking system used by the Irish Naturalisation and Immigration Service (details supplied); the steps he is taking to address the matter; and if he will make a statement on the matter. [47761/18]
View answerAs 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.
249. Deputy Micheál Martin asked the Minister for Justice and Equality if he is satisfied that the Garda College in Templemore has sufficient broadband access; and if he will make a statement on the matter. [47802/18]
View answerThe Deputy will be aware that the Programme for a Partnership Government recognises that Gardaí must have the modern technology and resources necessary to detect and investigate crime and to prevent loss and harm to citizens and their property on a 24/7 basis.
In support of this, €342 million is being invested in Garda ICT infrastructure between 2016 and 2021 to enable An Garda Síochána to deploy the latest cutting-edge technologies in delivering professional policing and security services for the community.
The Deputy will be aware that the Garda Commissioner is responsible for managing and controlling generally the administration and business of An Garda Síochána as well as for decisions in relation to the allocation and management of Garda equipment and resources, including ICT. As Minister, I have no direct role in these matters.
I am informed by the Garda authorities that the Garda College has a number of data services providing network connectivity, including a backup service which would operate should the primary service fail. I understand from the information provided by the Garda authorities that there is more than sufficient capacity in the current network arrangements for current levels of utilisation.
I am further informed that the Garda College has a student internet service which is a completely separate and additional service to the secure Garda Corporate Network provided for at the College.
250. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 422 of 6 November 2018, if the two nurses are both on duty inside the Mountjoy gate, which closes at 10 p.m; if one is linked to the Dochas Centre; and his views on whether this is adequate. [47825/18]
View answerMountjoy Prison Campus currently comprises Mountjoy Male Prison and the Dochas Centre both of which are located on the same site.
The manner in which the nursing resources on duty at night are deployed is as follows:
- One nurse is located in the Mountjoy Male Prison and one nurse is located in the Dochas Centre.
I have been advised by the Irish Prison Service that this represents the compliment of nurses required to provide appropriate cover as determined by a task review completed by agreement between the Irish Prison Service and its staff association. The Irish Prison Service has confirmed that it is currently reviewing nightly activity levels for its clinicians across the prison estate, and will engage with staff representatives under the Joint Task Review process in respect of any proposed changes that are required.
251. Deputy Sean Sherlock asked the Minister for Justice and Equality the number of Garda information messages issued by An Garda Síochána to persons whose lives are believed to be in danger from criminals in the past six years by year and district, in tabular form; and if he will make a statement on the matter. [47885/18]
View answerI have requested an up to date report from the Garda authorities in relation to this matter and I will contact the Deputy directly when the report is to hand.
252. Deputy Niall Collins asked the Minister for Justice and Equality if his attention has been drawn to the serious concerns of persons (details supplied) in respect of the ongoing menace of scramblers which is causing much distress and anger; the actions he will take to deal with the matter; and if he will make a statement on the matter. [47888/18]
View answerI acknowledge and share the Deputy's ongoing concern in relation to the misuse of scramblers and quad bikes in local communities.
I have been advised by An Garda Síochána that the area referred to by the Deputy is within the DMR South Garda Division, and that local Garda Management is aware of the difficulties being experienced by residents. A policing operation has been put in place, specifically targeting this type of criminality, which has resulted in a number of such vehicles being seized.
The Deputy will be aware that my officials have been engaged in cross-agency consultations since earlier this year with a view to identifying legislative or other solutions, which can assist in dealing with the misuse of these vehicles comprehensively.
Following these consultations, my Department wrote to the Office of the Attorney General to seek advice as to whether any legislative amendments were necessary to assist in curbing the misuse of scramblers and quad bikes, without giving rise to any unintended negative legislative consequences. My Department received formal legal advice from the Office of the Attorney General earlier this month. The advice is comprehensive in nature and is now being carefully considered by my officials, together with the Department of Transport, Tourism and Sport in the context of road traffic legislation. It will also be necessary to consult again with other relevant Government Departments and public bodies via the cross-agency forum established by my Department. The Deputy will appreciate that I am not in a position to provide any further details in relation to the legal advice until such time as these consultations are concluded.
The consultations that my officials are engaged in include participation in a Taskforce established by South Dublin County Council to consider the public order implications of the misuse of these off-road vehicles at a community level. The Taskforce has met on three occasions to date, most recently on 14 November 2018. The Taskforce is a useful and important forum and, indeed, Taskforce discussions informed the Department’s correspondence with the Office of the Attorney General.
Arising from the Taskforce meetings, the road safety officers from each of the Dublin-based local authorities have agreed to organise a public awareness campaign, urging parents not to purchase scramblers and quad bikes as Christmas presents for minors. In addition, the Road Safety Authority launched a related road safety campaign on 14 November 2018.
I will continue to closely monitor the consultations that are taking place concerning the misuse of scramblers and quad bikes.
253. Deputy Catherine Martin asked the Minister for Justice and Equality the status of plans to legislate for a hate crime to be considered as an aggravating factor in the sentencing of crimes; and if he will make a statement on the matter. [47897/18]
View answerThe Government is committed to ensuring that Ireland is a safe and secure place for all those who live and visit here, regardless of who they are, and there is a wide body of criminal law which is used to combat crimes motivated by hatred.
The Prohibition of Incitement to Hatred Act 1989 creates offences of incitement to hatred on account of race, religion, nationality, ethnicity or sexual orientation. Under the provisions of the Act, it is an offence to use words, behave, publish or distribute written material, or broadcast any visual images or sounds in a manner which is threatening, abusive or insulting and is intended, or is likely, to stir up hatred. “Hatred” is defined as “hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation.” The provisions of the 1989 Act are currently under review within my Department.
Where criminal offences such as assault, criminal damage, or public order offences are committed with a hate motivation, they are prosecuted as generic offences through the wider criminal law. Where a person is convicted of an offence and there is evidence that there may have been a hate motivation, the prosecution can bring that to the attention of the court along with any available evidence relevant to the circumstances in which the offence was committed which is likely to assist the court in determining the appropriate sentence. The trial judge can then take aggravating factors, including hate motivation, into account at sentencing.
254. Deputy Catherine Martin asked the Minister for Justice and Equality the number of assaults carried out in 2016, 2017 and to date in 2018 in which the victim was clearly targeted on the basis of being a transgender person; and if he will make a statement on the matter. [47898/18]
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 CSO are not currently producing statistics on crimes with a discriminatory motive.
As outlined in the Policing Plan for 2018, work is well underway within An Garda Síochána on the development of a definition of, and procedures to record, hate crimes. Once this definition is agreed, An Garda Síochána will be running a nationwide campaign to encourage the reporting of hate crimes to An Garda Síochána.
Improvements were made to the Garda PULSE system (PULSE release 6.8) in 2015 and, among the enhancements included in this release, was the introduction of a Victim Assessment Screen. This requires the mandatory recording of data relating to the apparent motive for a crime incident, such as whether it has been motivated by discrimination on specific grounds including age, disability, race, religion, gender or sexual orientation.
The Garda Racial Intercultural and Diversity Office (GRIDO) has responsibility for coordinating, monitoring and advising on all aspects of policing Ireland's diverse communities. Ethnic and LGBT liaison officers in each Division also play a fundamental role in liaising with minority groups and work in partnership to encourage respect and understanding within communities and to help prevent hate and racist crime. Both the Garda Racial Intercultural and Diversity Office and Liaison Officers provide advice and assistance to victims of hate or racist crime where required or deemed necessary.
255. Deputy Pat Casey asked the Minister for Justice and Equality the rationale for and detail of the tender process and decision making in relation to the leasing of a hotel (details supplied) in County Wicklow as a direct provision centre; and if he will make a statement on the matter. [47899/18]
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 advertisement sought expressions of interest from providers for premises including Hotels, Hostels and Guesthouses that could accommodate a minimum capacity of 50 persons and should be reasonably close to services such as shops, school, transport, etc.
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.
To date, three premises have been identified from the most recent call for expressions of interest, as the most appropriate facilities to provide accommodation services to meet the emergency needs of persons entering the state who are seeking international protection and require accommodation. One of those three premises is the Grand Hotel in Wicklow.
It should be noted that these premises were offered voluntarily to the Department by individual contractors across the country; the locations involved reflect that fact, rather than any specific choice made by the Department.
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.
I would like to note that the centre in Wicklow 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 to persons in the protection process, by way of the independent living model, will be advertised. This process is scheduled to continue throughout 2019 and is due for completion in 2020. This will be delivered via a series of regional competitions to cover the entire State.
256. Deputy Jan O'Sullivan asked the Minister for Justice and Equality if funding will be made available in 2019 for the replacement of boats in the Garda water unit; and if he will make a statement on the matter. [47921/18]
View answerAs the Deputy will appreciate, decisions in relation to the allocation and management of Garda equipment and resources, including boats or specialist equipment for the Garda Water Unit, are matters for the Garda Commissioner. As Minister, I have no direct role in that regard.
I am informed by the Garda authorities that the vessels which are currently allocated to the Garda Water Unit are all in good working order and subject to annual examination and service. Garda authorities consider the vessels as suitable to meet the current requirements of An Garda Síochána. As such, I am advised that the Garda authorities do not have any currently have any plans to replace the vessels allocated to the Garda Water Unit.
257. Deputy Lisa Chambers asked the Minister for Justice and Equality if a comprehensive list has been compiled of the legislative changes that will be required here as a result of Brexit and for all Brexit scenarios; and if he will make a statement on the matter. [47955/18]
View answerAs the Deputy will be aware, the Government’s contingency planning for Brexit began well in advance of the UK referendum in June 2016 and these efforts have intensified over the past 18 months.
Detailed preparedness and contingency planning is being carried forward by my Department across a range of areas expected to be impacted by Brexit.
Planning to date has focussed on how the Withdrawal Agreement would work in practice and on preparing for the transition period foreseen within it. The Department also continues to make contingency plans to prepare for a no-deal Brexit.
Insofar as the issues relevant to my Department are concerned, continued cooperation with the UK, both on criminal and civil justice matters, and in the maintenance of the Common Travel Area, are key priorities. Our analysis of these important issues is ongoing and work is continuing in identifying any legislative changes that may be required, in conjunction with other relevant Departments.
258. Deputy Denis Naughten asked the Minister for Justice and Equality when a matter (details supplied) will be finalised; the reason for the delay; and if he will make a statement on the matter. [47972/18]
View answerAs the Deputy will be aware the Criminal Injuries Compensation Tribunal, which has responsibility for the administration of the Scheme of Compensation for Personal Injuries Criminally Inflicted on Prison Officer, is independent of my Department in the processing of individual applications under the Scheme.
I can inform the Deputy that applications in the first instance are decided on a file of papers submitted to a single Tribunal Member for consideration as to whether payment of compensation is appropriate. Each case is addressed on the basis of its individual circumstances. While applications are processed with the minimum of formality compared to court proceedings, in making their decisions Tribunal members must be satisfied that all supporting documentation submitted is in order e.g. Garda reports arising from the related criminal investigation, vouched receipts for expenses, medical reports. Accordingly, the processing time for each case can vary considerably.
I understand that the Tribunal wrote to the applicant's solicitor on 23 August 2018 providing them with an update on the case.
259. Deputy Peadar Tóibín asked the Minister for Justice and Equality if he has met with a person (details supplied); and if he plans to thank them in person for their services to the State. [47977/18]
View answerI can confirm to the Deputy that I met with the person referred to in the question together with his wife on Friday 2 November, having spoken to him by telephone some weeks previously. I apologised to him on behalf of the State for the ordeal he had endured over a number of years. I also expressed my thanks to him for all his service to the State.
260. Deputy Thomas Pringle asked the Minister for Justice and Equality if the accounts of companies managing direct provision centres are scrutinised, including those which are unlimited companies with accounts not open to public scrutiny; if this is done prior to the awarding of contracts; and if he will make a statement on the matter. [47987/18]
View answerI wish to advise the Deputy that, while there are obligations under all our contracts that the contractor must comply with all statutory charges and levies in relation to the Centre and have a current valid Tax Clearance Certificate, the accounts of those contractors are not requested or scrutinised.
In addition, the contractor is contractually obliged to comply with all relevant legislation and legally binding industrial and sectoral agreements including but not limited to Employment Permit Acts 2003 & 2006, Industrial Relations Acts 1964 to 2004, Minimum Wage Act 2000 and Safety, Health and Welfare at Work Act 2004 etc.
I should also point out that contract may be terminated without liability if the contractor is declared bankrupt or goes or is put into liquidation.
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.
As part of the tender assessment, all bidders must complete as part of their bid a document referred to as a European Single Procurement Document. This document seeks details from the bidder on their company including declarations that the bidder is solvent, tax compliant, does not have any conflicts of interest and has not been found guilty of professional misconduct. The document is designed by the Office of Government Procurement and is part of their standard Request for Tender Documentation.
261. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the status of the consultation process announced in August 2018 on draft national standards of accommodation for persons in direct provision; and if he will make a statement on the matter. [48038/18]
View answerThe consultation process for standards for accommodation offered to those seeking the protection of the State was completed at the end of October 2018. The consultations included residents' meetings, submissions from a number of national bodies and individuals as well as consultation with those seeking to deliver accommodation and those expert in a variety of fields including groups working with refugees.
The standards document is being finalised, in light of the consultation process, and will shortly be submitted to me for consideration.
262. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the number of persons seeking asylum who were not immediately accommodated in the direct provision system due to a shortage of space; the alternatives provided to such persons; and if he will make a statement on the matter. [48043/18]
View answerAs the Deputy is aware, persons seeking international protection are offered accommodation and related services by my Department. Not every person accepts this offer and there is no obligation on any person to do so. Some persons may avail of accommodation with friends and-or family or may have means of their own.
A person who does not need accommodation and related services immediately on arrival in Ireland may seek to obtain these services at a later date.
In early September 2018, there was a sudden increase in demand for accommodation and priority had to be given to families and other vulnerable people arriving into Ireland. The number that did not initially receive an offer of accommodation was relatively small (approximately 20 persons), and RIA has since offered accommodation to any of those who subsequently requested accommodation.
Since that time additional accommodation has been made available to RIA and all newly arrived protection applications who have requested accommodation have been so provided.
As of Sunday evening, 18th November 2018, 5,929 persons were accommodated throughout the State. This is from a contracted capacity of 6,211 with 224 spaces unavailable due to family configurations etc., and 90 spaces available for new applicants.
To address ongoing demands, the Reception and Integration Agency (RIA) of my Department continues to work actively to identify and contract suitable accommodation. This will inevitably involve opening of new accommodation centres across the country.
Quite separate to this, RIA is also engaged in an open competitive process to establish a framework of accommodation centres from which we can draw down accommodation as and when needed over the coming years.
263. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the number of asylum seekers who have been successful in securing work since the introduction of work permits for those in the protection process; and if he will make a statement on the matter. [48054/18]
View answerThe European Communities (Reception Conditions) Regulations 2018 which I signed into effect from 30 July 2018 includes access to the labour market for qualified international protection applicants. The Regulations provide access to both employment and self-employment in all sectors and categories of employment with the exception of the Civil and Public Service, An Garda Síochána and Defence Forces.
I am advised by the Labour Market Access Unit of my Department that since the introduction of the Regulations, 2,466 international protection applicants have applied for a permission to access the labour market of which 1,689 were granted a permission and 714 were ineligible. The number of applicants who have applied for and been granted a permission (1,689) represents just over 40% of those estimated to be eligible for a permission under the Regulations.
When an international protection applicant is employed or self-employed the employer, or in the case of self-employment the applicant, is obliged to inform me within 21 days. This is done by way of a standard form made available on the website of the Irish Naturalisation and Immigration Service (INIS).
Based on the returned declaration forms received to date I am advised that a total of 487 applicants have commenced employment or self-employment. As the employer or applicant has 21 days from the time they take up employment or self-employment to return the declaration form, there is likely to be a time lag between the actual date of commencement of employment and INIS being notified of same and this will not be reflected in the figures quoted.
264. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the status of the work of a group (details supplied) established to report on actions to increase the percentage of women on corporate boards and in senior management in leading companies here; and if he will make a statement on the matter. [48060/18]
View answerOn 30 July, the Taoiseach, Minister Flanagan and I announced the establishment of a new business-led group, Better Balance for Better Business. The group will have the task of identifying a programme of actions to be taken by Government and by business to increase the percentage of women on corporate boards and in senior management in leading Irish companies. It will engage with companies to make the case for change and will report annually on progress. The group is looking initially at companies listed on the Main Securities Market and the Enterprise Securities Market of Euronext Dublin (formerly the Irish Stock Exchange). It is gathering information on the gender makeup of boards of such companies and of a selection of other leading companies including multinationals.
The group is assisted by an Advisory Group, consisting of representatives of major business organisations and key stakeholder interests.
The group will make recommendations in its first report which will be in Q1 2019. The report will set progressive targets to 2023 for the achievement of improved gender balance on the boards and in senior management of companies. It will report annually thereafter, monitoring progress and developments.
265. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of times he engaged with a person (details supplied) and-or their colleagues in regard to the granting of legal representation to a person; if a schedule of those engagements and-or meetings will be made available; and if he will make a statement on the matter. [48061/18]
View answerAs the Deputy will be aware, the second named person is a named party in a civil action initiated against the Minister for Justice and Equality, Ireland, the Attorney General and the Garda Commissioner.
In accordance with section 48 of the Garda Síochána Act 2005, on the recommendation of the Acting Garda Commissioner and in line with normal procedures, I approved an application for the granting of State representation to the person concerned on 13 July 2018.
It is important to note that State representation does not constitute an undertaking or grant of indemnity. Nor does the granting of representation imply that a case is being defended, rather it simply means the party is legally represented.
It is not the practice for the Minister or for officials of the Department of Justice and Equality to meet with persons who have been recommended for State representation by the Garda Commissioner in relation to their applications.
I can therefore confirm that in accordance with normal practice, neither I nor my officials engaged with the person who was granted State representation in this case. The only engagement with the then Acting Commissioner took place in the context of receiving his recommendation on the application and communicating my approval, as outlined above.
