Written Answers Nos. 164-188
164. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of a case pursuant to section 3 of the Immigration Act 1999 (as amended) in the case of a person (details supplied); and if he will make a statement on the matter. [49698/18]
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 persons 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.
165. Deputy Róisín Shortall asked the Minister for Justice and Equality the Garda number for Mountjoy, Cabra and Santry Garda stations; the number of Garda members at each grade and-or rank for each station; the number of Garda vehicles and bicycles assigned to each station; and if he will make a statement on the matter. [49721/18]
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.
I am informed by the Commissioner that the resourcing of each Garda division is fully considered within the overall context of the needs and requirements of Garda divisions throughout the country. Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategies, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda Resources and the best possible Garda service is provided to the general public.
The Deputy will be aware An Garda Síochána is currently undertaking a programme of accelerated recruitment, as part of the Government’s commitment to a strengthened service through the Five Year High Level Reform and Workforce Plan to achieve an overall workforce of 21,000 personnel by 2021, including 15,000 Garda members. To support the Commissioner in this recruitment, I have also secured funding in Budget 2019 which facilitates the recruitment of up to 800 more Gardaí next year. The Budget also provides for the necessary civilian Garda staff to fill critical skills gaps and enable the further redeployment of Gardaí to front line duties.
The Garda strength by Station and Rank for Mountjoy, Cabra and Santry Garda stations in each of the years 2009 to 31 October 2018 is available on my Department’s website through the link:
Garda Data
For more general information on Garda Facts and Figures please see following link:
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.
For the Deputy’s information I have set out below in tabular form the number of Garda vehicles assigned to Fitzgibbon Street, Blanchardstown and Ballymun Garda Districts (the relevant districts for the stations in question) and the number of bicycles assigned to Mountjoy, Cabra and Santry Garda Stations, as of 23 November 2018, the latest date for which figures are currently available.
Mountjoy – Fitzgibbon Street
|
Cars |
Vans |
4 x 4 |
||
|
Total |
Total |
Total |
Total |
|
|
FITZGIBBON STREET DISTRICT |
12 |
3 |
2 |
17 |
|
FITZGIBBON ST |
3 |
0 |
1 |
4 |
|
MOUNTJOY |
9 |
3 |
1 |
13 |
Cabra - Blanchardstown
|
Cars |
Vans |
Motorcycles |
4 x 4 |
Others |
||
|
Total |
Total |
Total |
Total |
Total |
Total |
|
|
BLANCHARDSTOWN-K DISTRICT |
30 |
8 |
2 |
0 |
1 |
41 |
|
BLANCHARDSTOWN |
20 |
6 |
2 |
0 |
1 |
29 |
|
CABRA |
2 |
0 |
0 |
0 |
0 |
2 |
|
FINGLAS |
8 |
2 |
0 |
0 |
0 |
10 |
Santry – Ballymun
|
Cars |
Vans |
Motorcycles |
4 x 4 |
Others |
||
|
Total |
Total |
Total |
Total |
Total |
Total |
|
|
BALLYMUN DISTRICT |
33 |
17 |
1 |
1 |
3 |
55 |
|
AIRPORT |
1 |
0 |
0 |
1 |
1 |
3 |
|
BALLYMUN |
16 |
1 |
0 |
0 |
1 |
18 |
|
SANTRY |
10 |
11 |
0 |
0 |
0 |
21 |
|
SANTRY (DMRSU) |
6 |
5 |
1 |
0 |
1 |
13 |
|
Station |
Number of Bicycles Issued |
|
Cabra |
4 |
|
Santry |
3 |
|
Mountjoy |
7 |
|
Total |
14 |
166. Deputy Noel Rock asked the Minister for Justice and Equality the data related to benzodiazepines seized by An Garda Síochána by number of tablets and capsules seized, the number of grams seized when not in tablet form, the number of cases involved and the value of the drugs seized in each of the years 2004 to 2017, in tabular form. [49734/18]
View answer167. Deputy Noel Rock asked the Minister for Justice and Equality the data related to Z drugs seized by An Garda Síochána by number of tablets and capsules seized, the number of grams seized when not in tablet form, the number of cases involved and the value of the drugs seized in each of the years 2004 to 2017, in tabular form. [49735/18]
View answer168. Deputy Noel Rock asked the Minister for Justice and Equality the data related to anti-depressants seized by An Garda Síochána by number of tablets and capsules seized, the number of grams seized when not in tablet form, the number of cases involved and the value of the drugs seized in each of the years 2007 to 2017, in tabular form. [49736/18]
View answerI propose to take Questions Nos. 166 to 168, inclusive, together.
Information in relation to the quantity and value of drugs seized by An Garda Síochána is set out in their Annual Reports. The Annual Reports for the years 2007 to 2017 are available on the Garda website (www.garda.ie). The information in the Reports is prepared on the basis of records maintained by Forensic Science Ireland in relation to the quantity of drugs analysed annually at its laboratory. I have requested a report from the Garda authorities in relation to specific information sought and I will revert to the Deputy when the information is to hand.
169. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he is satisfied that Coolock Garda station has sufficient personnel and resources to deal with crime and anti-social behaviour in an area (details supplied) and the district generally in view of the increasing population in the locality; and if he will make a statement on the matter. [49745/18]
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.
A key priority for An Garda Síochána is the monitoring of incidences of public disorder and anti-social behaviour. Garda resources are deployed to areas designated as “hot-spots” and Gardaí work with communities to tackle and reduce these crimes with a strong focus on collaboration with local authorities to help address the causes of anti-social behaviour. I would, however, point to the need for parents to also ensure, to the best of their ability, that their children are respectful and law abiding.
The deployment of Garda personnel is continually monitored and reviewed in the context of crime trends and policing priorities to ensure optimum use of Garda resources. A dynamic distribution model of resource allocation, known as the Cohort model, has been in use by Garda management since 2015 for the allocation of personnel, including newly attested probationer Gardaí from the Garda College. It takes into account all relevant factors and aims to impose a numerical measure on the policing needs of each Division. However, ratios such as the number of Gardaí per head of population are not an appropriate tool to use as it fails to take account of the fact that crime levels and types can vary significantly amongst communities of similar population size.
With the moratorium on recruitment and the closure of the training college Garda numbers fell significantly. We are still in a process of accelerated recruitment with Garda numbers steadily increasing since 2015. I am confident that the number of Gardaí stationed in Coolock will soon return to the levels they were at prior to the economic downturn.
I strongly welcome the funding provided in Budget 2019 for the recruitment of up to 800 Garda recruits next year, along with necessary civilian Garda staff. This ongoing recruitment will provide the resources both in terms of the increase in new Gardaí and the redeployment of Gardaí to frontline policing duties following civilianisation of their roles. The net benefit of this is the greater Garda visibility and a better response to the policing needs of communities including in the DMR North Division.
The Garda strength by Station and Rank for Coolock Garda Station as on 31 October 2018 the latest date for which figures are currently available, are on my Department’s website through the link:
Garda Data
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.
170. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he has received a request from residents associations in the north fringe of Dublin city and south fringe for a new Garda station in this new urban and highly populated district; and if he will make a statement on the matter. [49746/18]
View answerAs the Deputy will appreciate, the Garda Commissioner is primarily responsible for operational decisions in respect of the effective and efficient use of resources available to An Garda Síochána, including responsibility for the formulation of proposals in relation to the opening and closing of Garda stations. As Minister, I have no direct role in the matter.
I can confirm that I have received correspondence in connection with this matter enclosing or referring to the views of residents associations in the relevant area, including correspondence from the Deputy dated 13 and 28 November 2018.
In view of the issues raised, it has been necessary to consult with the Garda authorities prior to issuing a response to this correspondence,. I can assure the Deputy that a response will issue in the near future.
171. Deputy Catherine Murphy asked the Minister for Justice and Equality the status of a protected disclosure that raised concerns regarding age bias in the internal promotion competition for promotion to assistant principal in 2015 in his Department; if this protected disclosure is under review by a company (details supplied); the timeline for the matter to reach conclusion; and if he will make a statement on the matter. [49749/18]
View answerI can inform the Deputy that an independent investigation was conducted in relation to this matter. A review of this investigation was subsequently requested in accordance with the Protected Disclosures Policy and my Department has engaged a separate independent firm to carry out this review. I understand this will be finalised in the near future. As the matter is being treated as a protected disclosure it would not be appropriate for me to comment on the individual case.
172. Deputy Gerry Adams asked the Minister for Justice and Equality further to Parliamentary Question Nos. 244, 245, 246 and 247 of 3 July 2018 and 742, 743 and 1200 of 24 July 2018, if he has received the information requested from An Garda Síochána regarding the drug related intimidation reporting programme in County Louth; and if he will make a statement on the matter. [49752/18]
View answerI refer to Parliamentary Question No’s. 244, 245, 246 and 247 of 3 July and Question No's 742, 743 and 1200 of 24 July and to my replies dated 3 July 2018 and 24 July 2018.
The delay in replying to the Deputy is regretted but the information sought has been awaited from the Garda authorities. The information currently available to me is as follows.
With regard to the number of reports received through the Drug Related Intimidation Reporting Programme, Table 1 attached sets out the number of reports received under the Reporting Programme for each Garda Region in the period 2014 to 2017. The information provided in the table is on a Regional rather than a Divisional basis, as was sought. This is due to the need to ensure that the anonymity of persons making reports is protected. In dealing with any complaint of drug related intimidation, or advice sought in relation to this issue, An Garda Síochána do so with the utmost regard to the safety and the most effective means of affording the person or family subject to the threat, the best level of security, advice and support. Confidentiality and security of the persons concerned are paramount for An Garda Síochána when dealing with reports under the Drug-Related Intimidation Reporting Programme.
The information sought in relation to debts incurred by juveniles under 18 years of age for the years 2013 to 2017 is not available as data is not maintained by the Garda authorities in that way.
While there are anecdotal reports of how pervasive drug-related intimidation is within communities, as a result of low reporting to An Garda Síochána, the statistics do not reflect the extent of such intimidation.
With regard to the evaluation of the Reporting Programme which is taking place under the national drugs and alcohol strategy, "Reducing Harm, Supporting Recovery", I can inform the Deputy that An Garda Síochána and the National Family Support Network are finalising their separate evaluations and are liaising with a view to reporting the outcomes in a Joint Action Plan to be completed by the end of the year.
In conjunction with the National Family Support Network, An Garda Síochána has hosted a seminar on this theme, specifically for (Divisional) Inspectors involved with the Drug Related Intimidation Reporting Programme, with other Garda personnel also in attendance, including personnel from County Louth. While liaison within and between Regional and Local Management teams takes place on an ongoing basis, such seminars provide an appropriate platform and opportunity to bring relevant personnel together for focused sessions, which in turn informs the Reporting Programme.
With regard to the recent criminal activity in Drogheda, An Garda Síochána has put in place a policing operation to prevent, detect and mitigate against any further escalation of violence between the groups involved. This includes high visibility patrols, supplemented by personnel from the Regional Armed Support Unit; Community Policing Units; District Detective and Drug Units and the Divisional Roads Policing Unit.
The Garda authorities have advised that every effort will continue to be made to disrupt the activities of these groups, to arrest and prosecute offenders and to deny access to the road networks for those involved. Liaison is ongoing with relevant stakeholders, including the Local Authorities, Tusla and the HSE.
I am informed that An Garda Síochána continues to update, promote and advise all members and Regional Management and their teams in relation to the Reporting Programme. This is done through the Garda National Drugs and Organised Crime Bureau. All local issues are addressed with local management teams where necessary, mainly through the support of the nominated Inspector for that particular area.
Information in relation to the Reporting Programme and a list of the nominated Inspectors countrywide, including for Co. Louth, is available on the Garda Website, the National Family Support Network website and the Drugs.ie website.
An Garda Síochána remains committed to tackling the supply of drugs by supporting local communities through various preventative and detection initiatives and engagement with Local and Regional Drug and Alcohol Task Forces; the Garda Youth Diversion Programme and Projects; the Garda Schools Programme; the Joint Policing Committees and Community Policing Fora.
With regard to the remaining outstanding information sought by the Deputy in Parliamentary Questions 245 and 247, I will revert further when that information is to hand.
Table 1:
Drug Related Intimidation Reporting Programme for the period 2014 – 2017:
|
Region |
Year |
No. of Formal Complaints |
No. of Informal Requests/ Action taken |
No. of Charges Pending/ preferred |
No. of files sent to Law Officers for Directions |
|
DMR |
2017 |
4 |
38 |
Nil |
Nil |
|
2016 |
3 |
44 |
Nil |
3 |
|
|
2015 |
1 |
39 |
1 |
Nil |
|
|
2014 |
6 |
42 |
2 |
2 |
|
|
Northern Region |
2017 |
1 |
1 |
1 case under investigation |
1 case under investigation |
|
2016 |
Nil |
1 |
Nil |
Nil |
|
|
2015 |
Nil |
Nil |
Nil |
Nil |
|
|
2014 |
Nil |
5 |
Nil |
Nil |
|
|
Southern Region |
2017 |
Nil |
1 |
Nil |
Nil |
|
2016 |
Nil |
1 |
Nil |
Nil |
|
|
2015 |
1 |
3 |
1 |
1 |
|
|
2014 |
Nil |
1 |
Nil |
Nil |
|
|
Eastern Region |
2017 |
2 |
18 |
Nil |
Nil |
|
2016 |
Nil |
15 |
Nil |
Nil |
|
|
2015 |
Nil |
7 |
Nil |
Nil |
|
|
2014 |
2 |
11 |
1 |
1 |
|
|
Western Region |
2017 |
Nil |
Nil |
Nil |
Nil |
|
2016 |
Nil |
2 |
Nil |
Nil |
|
|
2015 |
Nil |
Nil |
Nil |
Nil |
|
|
2014 |
1 |
4 |
Nil |
Nil |
|
|
South-Eastern Region |
2017 |
9 |
18 |
Nil |
Nil |
|
2016 |
5 |
8 |
4 |
2 |
|
|
2015 |
2 |
6 |
4 |
3 |
|
|
2014 |
2 |
5 |
1 |
Nil |
All data provided is provisional, operational and liable to changes and is provided on a Regional basis
173. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 293 of 2 October 2018, if the short-term measure of the Garda information technology section is completed; the status of that Garda report; and if he will make a statement on the matter. [49774/18]
View answerI have been advised by An Garda Síochána that while the report requested in October 2018 is being processed, it is, unfortunately, not yet to hand.
I have requested an urgent update from An Garda Síochána in relation to this matter, and will be in contact with the Deputy on receipt of the Garda report.
174. Deputy Denis Naughten asked the Minister for Justice and Equality the person or body responsible and accountable for advice provided by the Law Society prior to the Ombudsman obtaining legal authority to examine complaints in May 2013; and if he will make a statement on the matter. [49783/18]
View answerI am assuming from the overall context of the Deputy's Question that it relates to matters dealt with by the Law Society in relation to complaints about alleged professional misconduct by solicitors. Under the current regulatory regime the Law Society, the Solicitors Disciplinary Tribunal and the Office of the Independent Adjudicator are the independent statutory bodies charged with investigating or resolving complaints against solicitors under the Solicitors Acts 1954-2015 and their attendant regulations.
The Office of the Independent Adjudicator provides an independent forum to which members of the public may apply if they are dissatisfied with the manner in which the Law Society has dealt with any complaint made by or on behalf of any client against their solicitor. The role of the Independent Adjudicator is:
(a) to ensure that complaints about the conduct of a solicitor are dealt with fairly and impartially by the Law Society;
(b) to review complaints about any decision by the Law Society concerning an application for a grant from the Law Society’s Compensation Fund;
(c) to recommend any changes in the Law Society’s complaints procedures which are, in the Independent Adjudicator’s view, necessary to maintain the highest standards.
The holder of the Office cannot be a practising solicitor, a member of the Law Society or a practising barrister and shall be independent in the exercise of his or her functions. The Office of the Independent Adjudicator has been providing its services since 1997 having been established by Statutory Instrument No.406 of 1997 – Solicitors (Adjudicator) Regulations, 1997, as augmented by Statutory Instrument No.720 of 2005 – Solicitors (Adjudicator) (Amendment) Regulations, 2005. At the same time, it is important to note that the Adjudicator’s role is to investigate the handling of the complaint by the Law Society and not to investigate the substance of the complaint itself.
The Solicitors Disciplinary Tribunal deals with complaints of serious misconduct and such complaints are either referred to it by the Law Society or made directly to the Solicitors Disciplinary Tribunal by members of the public. The Tribunal members are appointed by the President of the High Court and act independently of the Law Society. I would point out that, subject to the relevant provisions of the Solicitors' Acts, it is open to any person who has made a complaint to the Solicitors' Disciplinary Tribunal to make an appeal to the High Court where the Tribunal has not made a finding of misconduct in respect of the solicitor against whom that complaint has been made.
In addition to the remedies available under the statutory complaints handling framework that I have just outlined, it is important to be aware that aggrieved clients of solicitors may also choose to seek redress through the courts. This typically arises in cases of alleged negligence on the part of a solicitor which have had serious negative consequences for the client concerned. As with any court proceedings, it is considered prudent that persons considering taking such legal action seek independent legal advice on the strength or otherwise of their case, any limitations that may apply in relation to the passing of time and its possible legal costs implications. It will then be a matter for the aggrieved client concerned to decide which course of action might be best suited to the circumstances of their particular case.
The Deputy will also wish to be aware that, under the Legal Services Regulation Act 2015, a new regulatory framework is about to be introduced to deal with complaints about professional misconduct independent of the legal professional bodies along with a new Legal Practitioners’ Disciplinary Tribunal that will deal with allegations of serious misconduct by both solicitors and barristers. Members of the public who wish to make complaints will, therefore, no longer do so through the Law Society or the Bar of Ireland as they do at present, but through the new and independent Legal Services Regulatory Authority which was established on 1 October 2016. Under the Authority's Strategic Plan 2018-2020 these new measures, for which extensive preparations are being made, are due to come into operation in Quarter 2 of 2019.
175. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if he is satisfied with the turnaround time on visa decisions; and if his attention has been drawn to the anxiety and stress the prolonged waiting times are having on applicants. [49797/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that decisions regarding the grant or refusal of visas are made in a number of INIS Visa Offices overseas, the INIS Visa Office in Dublin, and at Embassies of the Department of Foreign Affairs and Trade which process certain visa applications under delegated sanction from my Department.
The processing times for visa decisions are published on the Visa pages of each Visa Office and Embassy website. The table underneath sets out the current processing dates (as of 27 November 2018) up to which applications received in the Dublin Visa Office have been processed.
|
Purpose of Visa Applications |
Current Processing Date in the Dublin Visa Office |
|
Visit |
24 October |
|
Business |
24 October |
|
Conference/Event |
24 October |
|
Join Family (under national legislation) |
15 August |
|
Join Family (EU Free Movement) |
See note below |
|
Study |
24 October |
|
Employment |
24 October |
|
Other* |
24 October |
*Includes training; exam; conference/event; performance/tournament; and sundry applications.
I am also advised by INIS that the visa service is currently experiencing an increase in the number of visa applications across most categories of people wishing to come to Ireland for a variety of purposes, and in line with increased economic activity generally. That notwithstanding, processing times are on a par with, and in many cases have been significantly improved upon, those of the same time last year.
The processing time at each office and location worldwide is determined by a number of factors, such as the volumes and complexity of applications, whether investigation is required or not, individual circumstances, peak application periods (now coming off the busiest time of the year for visa applications generally), seasonal factors, and the resources available. While every effort is made to process applications as quickly as possible, processing times inevitably vary as a result.
In relation to applications under the Free Movement Directive (2004/38/EC), there had been an exponential increase from the second quarter of 2015 in the number of such applications. That gave rise to a caseload of around 10,500 applications which had to be assessed very carefully to ensure that any fraudulent applications or potential abuses of the Directive were detected and dealt with appropriately. Considerable progress has been made in that regard with the majority of these applications now processed.
The central concern in deciding on visa applications, as with all visa services worldwide, is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime while at the same time facilitating travel for those who meet the criteria. Each visa application is therefore decided on its own merits taking all factors into account.
176. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the way in which he will address the difficulties with the online appointment system for both registrations and visas faced by clients of the service; and if he will make a statement on the matter. [49798/18]
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.
With regard to re-entry visas, applications should be made by post. If an applicant urgently requires a re-entry visa, emergency appointments are made available daily, and can be booked online through the INIS website.
177. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if he is satisfied that sufficient funding and resources are available for family reunification; and if his attention has been drawn to difficulties faced by families utilising the programme. [49799/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is a range of immigration pathways open to non-EEA nationals seeking to reside in this State on the basis of family reunification. I am further advised these include, claims of entitlement as the family member of an EU national exercising the right of free movement in this State, cases where the sponsor is a beneficiary of international protection in Ireland and family members of Irish Nationals and EEA nationals pursuant to the Policy Document on Non-EEA Family Reunification.
I understand that each application examined on its individual merits and in accordance with relevant immigration policy, national and EU laws as appropriate. This can require a significant period of time to process in view of the complexities involved. Every effort is made to process such applications as quickly as possible. In that regard I am advised that the allocation of resources to these areas is kept under regular review and additional resources have been allocated to these areas over the past year.
In addition, the Minister has announced an International Humanitarian Admissions Programme (IHAP). This is a humanitarian admissions programme which gives persons granted International Protection in the State, and Irish citizens, the opportunity to apply to bring family members, who are nationals of one of the top ten major source countries of refugees, as listed in the UNHCR Annual Global Trends report, to this State.
178. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if he has a role in the certification of slot machines; and if his attention has been drawn to the wider concerns of persons in the gaming and casino industry that without proper regulations the industry is susceptible for use by criminals with activities such as money laundering and issues regarding gambling addiction. [49800/18]
View answerThe Minister for Justice and Equality has no current role with regard to the operation of gaming machines. Part III of the 1956 Gaming and Lotteries Act provides for the conditions for the issue of licences for gaming machines and section 19 of that Act provides for the Revenue Commissioners to issue a licence.
Minister Flanagan has recently signed into law regulations under section 25 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.
These Regulations prescribe providers of gambling services as designated persons under the 2010 Act, with certain exemptions. This will mean that those providers (which include bookmakers and online gambling providers) will be obliged to carry out customer due diligence, report suspicious transactions to the Garda Síochána’s Financial Intelligence Unit, and comply with the other obligations under the Act.
The customer due diligence requirements will apply where the amount of money paid to the customer or paid by the customer is more than €2,000, whether in a single transaction or in a series of linked transactions.
The Anti-Money Laundering Compliance Unit in the Department of Justice and Equality will be responsible for the monitoring and supervision of these entities for compliance with their obligations under the legislation.
Certain gambling sub-sectors have been exempted as they have been shown to be low risk, following a Risk Assessment carried out by the Anti-Money Laundering Steering Committee chaired by the Department of Finance. These are lotteries, bingo, gaming and amusement machines and land-based poker.
Addiction treatment matters remain the responsibility of the Department of Health.
179. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if his attention has been drawn to the dismay of survivors of laundries at the addendum requests from his Department and the fact that the Ombudsman has taken issue with the nature of the requests; and the way in which he plans to address same. [49801/18]
View answerThe Government is committed to complying with all of the recommendations of the Ombudsman in relation to the operation of Magdalen Restorative Justice Ex Gratia Scheme. My officials have been in ongoing contact with the Ombudsman’s Office as we go about implementing his recommendations.
In relation to the Ombudsman's principal recommendation that the Scheme should be applied to women who worked in the laundry of one of the 12 'Magdalen' Institutions and who were resident in one of 14 adjoining institutions, the Addendum to the terms of the scheme giving effect to this recommendation has been finalised, approved by the Attorney General and published on the Department's website - www.justice.ie.
Letters have issued to all persons known to date to my Department who may be eligible for an award under the terms of the Addendum. I must emphasise that these letters do not seek any information which the Department already has and that any additional information sought is necessary to process the applications in as timely a fashion as possible. Further, the letters to the women concerned make it clear that any further relevant information sought relates to work in the laundry in as much detail as they can remember.
Evidence of work in a laundry is required to qualify under the Scheme. My Department officials have significant experience in administering the scheme, having awarded redress to in excess of 700 applicants to date and their approach is also informed by the Ombudsman’s report and by ongoing contact with that office. They understand that applicants may not be able to be exact in relation to the details of how often or how long they worked in a laundry and applicants are invited to describe anything they can remember that will help the officials administering the Scheme to build up a picture of how long they worked in the laundry of a Magdalen Institution and to make a decision on their application and to calculate the lump sum due to a successful applicant. Awards will not be sub-divided into hours or days and there will be no deviation from the table of payments as set out in Appendix A of the Quirke Report.
The Addendum provides that the first phase of processing a completed application is the making of a provisional assessment as to whether the applicant comes within the scope of the scheme. This assessment will be made based on the records of the institutions concerned (where available) and any other relevant records or statements, which may include the applicant's testimony and in some cases testimony from other persons. Each application will be assessed individually on its merits. On this basis, a decision will be made as to whether on the balance of probabilities the applicant comes within the scope of the scheme. In addition, for those cases where there is insufficient documentary evidence available to make an assessment on their case, an interview process is in place so as to facilitate a fairer assessment of a woman's application. If an applicant has any difficulty in obtaining records or if another form of practical assistance is requested, my Department will be glad to assist as it has often done in the past.
The Ombudsman is being kept informed on progress in relation to the implementation of his recommendations and discussions take place, where necessary, to clarify any matters arising.
180. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the crime statistics for the Glasnevin and Drumcondra areas (details supplied). [49802/18]
View answerThe Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of the recorded crime statistics, and the CSO has established a dedicated unit for this purpose.
To be of assistance, I have asked the CSO to forward any available statistics in relation to the information requested directly to the Deputy.
181. Deputy Róisín Shortall asked the Minister for Justice and Equality if he will give consideration to the provision of an information pack and signature stamp to all persons appointed as peace commissioners; and if he will arrange for a designated person within his Department to be available to provide advice to peace commissioners as issues arise in view of the often complex legal role which they are required to fulfil. [49808/18]
View answerPeace Commissioners are appointed under section 88 of the Courts of Justice Act 1924. In all cases, persons are nominated for the role of Peace Commissioner and it is incumbent upon them to be aware of the demands of the position before accepting appointment. Nonetheless, on appointment, Peace Commissioners are issued with information notes for guidance. Those information notes are under continuous review and will be amended with further information or clarifications as required. Further, officials in my Department are conversant with the role and duties attached to the Office of Peace Commissioner and are always available to answer queries from Peace Commissioners themselves and members of the public.
The Courts of Justice Act 1924 does not require that Peace Commissioners add a stamp to their signature and it is not a requirement of my Department that they have a stamp. A Peace Commissioner’s signature is the only official requirement. Although I do not intend at this time to amend the legislation relating to Peace Commissioners , I will keep the issue under review.
182. Deputy Catherine Connolly asked the Minister for Justice and Equality the number of work permits applied for, refused and granted, respectively, to asylum seekers since the lifting of a ban on their seeking employment by month in tabular form; and if he will make a statement on the matter. [49834/18]
View answerThe European Communities (Reception Conditions) Regulations 2018, which I signed into effect from 30 June 2018, includes access to the labour market for qualified international protection applicants. The Regulations provide a wide access to both employment and self-employment in almost all sectors and categories of employment.
The Irish Naturalisation and Immigration Service (INIS) of my Department provides confirmation in writing to any qualified applicant of their entitlement to access the labour market, for use when they apply for a job or become self employed. It is a free, easy to use, accessible service with a very short turnaround from receipt of application to the sending out of the workplace permission. It is a very broad access to the workplace.
I am advised by INIS that since the introduction of the Regulations, a total of 2,521 international protection applicants have applied for a permission to access the labour market of which 1,743 were granted a permission and 739 were ineligible mainly due to the fact that they had already received a first instance decision and were found not to have established their claim for international protection. Qualified applicants are those who have not received a first instance decision within nine months and once the applicant meets that criteria, there is no impediment in them getting the permission quickly and lawfully engaging in labour market activity.
I am further informed that the table below sets out the position as at 26 November 2018.
|
Applications to INIS for access to the Labour Market |
July |
August |
September |
October |
November |
|
Granted |
955 |
285 |
189 |
205 |
109 |
|
Ineligible |
322 |
161 |
107 |
85 |
64 |
|
Pending** |
0 |
0 |
0 |
8 |
31 |
|
Total |
1277 |
446 |
296 |
298 |
204 |
** Pending applications include those in which further documentation is required from the applicant, or applications for which the permission is ready to issue upon expiration of 9 months from the initial protection application.
183. Deputy Brendan Smith asked the Minister for Business, Enterprise and Innovation if her Department and the State’s industrial promotion agencies can implement specific initiatives to assist in the creation of employment in a town (details supplied) in view of the concerns of the local community in relation to the lack of job opportunities in that town; and if she will make a statement on the matter. [49649/18]
View answerSince becoming Minister for Business, Enterprise and Innovation, I have made jobs and enterprise in the regions one of my top priorities.
Co. Cavan and the town of Belturbet forms part of the North-East/North West Region Action Plan for Jobs, the aim of which is to achieve a 10-15 percent growth in employment in the region over the period 2015 to 2020, and to ensure that unemployment reduces to within at least one percentage point of the State average. This Plan includes a series of practical actions to support enterprise growth and job creation in the region, with clear timelines for delivery.
In the past few months alone, we’ve had hugely positive announcements in the Border Region both from indigenous and foreign owned companies including 80 jobs at Crust and Crumb in Cavan, 100 Jobs at Entekra in Monaghan, 400 jobs at WuXi Dundalk and 200 jobs at Combilift in Monaghan. Recruitment is also underway for 1,000 jobs at Center Parcs in Longford. I and the agencies of my Department will continue to work to ensure we can secure new investments and jobs for Cavan and the North-East region.
Overall, since commencing the Regional Action Plan for Jobs in 2015, good progress has been made on job creation in the Border Region, with 8,800 more people in employment in the region from Q1 2015 (baseline year) to Q3 2018. The unemployment rate in the Border Region at Q3 2018 stands at 5.1 percent, down from 8.6 percent in Q1 2015. Encouragingly, the number of unemployed people in the Border Region dropped from 12,400 people to 9,500 people in the year to Q3 2018.
I have now asked each of the Regional Committees to refresh and refocus their plans out to 2020. In this new iteration, the North-East will have its own Plan (to cover Cavan, Monaghan and Louth) and the refreshed Plan will be focused around key opportunities and challenges facing the region, including Brexit.
I would also draw your attention to the Rural and Urban Regeneration and Development Funds under Project Ireland 2040, together worth €3 billion over the period to 2027. These have the potential to transform towns and rural areas all over Ireland.
Furthermore, the Framework for Town Centre Renewal is an important resource for local actors to put together a coherent plan for the future of their town. This was published by my Department as part of the work of the Retail Consultation Forum which I chair and supports the Government’s commitment to ensure that the benefits of sustainable economic recovery are felt in every part of Ireland.
These initiatives, along with the many supports available to businesses from my Department through Enterprise Ireland, IDA and the Local Enterprise Offices, are designed to maximise the creation of quality and sustainable employment in all regional rural and urban areas, including Belturbet and the wider region. This is a key priority for the Government.
184. Deputy Róisín Shortall asked the Minister for Business, Enterprise and Innovation the actions she has taken on foot of the five recommendations of the Competition and Consumer Protection Commission in its report Personal Contract Plans: the Irish Market of 6 March 2018 as they relate to her Department. [49676/18]
View answerOn the 6th March 2018, the CCPC published its report analysing the Personal Contract Plan (PCP) car finance market and made a number of recommendations with a view to safe guarding consumers. The report followed a study in which the CCPC examined the size and value of the PCP market, spoke to consumers to understand the experiences of those who have signed up to PCP contracts and examined the current consumer protections for consumers who sign up to PCP contracts.
My colleague, the Minister for Finance and Public Expenditure & Reform, Paschal Donohoe, TD, commissioned Mr. Michael G. Tutty to conduct a review of the current PCP market and, in particular, to consider the adequacy of existing consumer protection in relation to PCPs in June 2018. Matters which had been raised in the CCPC Report were included in Mr. Tutty’s report, which was published on the website of the Department of Finance on 1st November 2018.
I am aware that the recommendations of the respective reports are currently under consideration by the Department of Finance and the Central Bank, which are the relevant bodies with policy responsibility for the matters concerned. My Department will continue to engage with officials from the CCPC and the Department of Finance as required.
185. Deputy Fiona O'Loughlin asked the Minister for Business, Enterprise and Innovation the extent to which she can facilitate the construction sector by way of work visas for non-EEA countries in order to meet the shortage in this regard; and if she will make a statement on the matter. [49737/18]
View answerThe employment permits system is managed through the operation of the Highly Skilled Eligible Occupations List (HSEOL) and the Ineligible Categories of Employment List (ICEL). These occupations lists are reviewed twice yearly to keep pace with rapid labour market changes and to be proactively identifying and addressing shortages as they arise. My Department has commenced the Quarter 4 2018 review of the lists of occupations for employment permits with a public call for submissions from stakeholders and interest groups requesting changes to the lists. The closing date for receipt of submissions was Friday 2nd November 2018. Submissions have been received in respect of a range of occupations including the construction sector, and those submissions are now being examined.
In light of the changing economy and as we continue towards near full employment, it is imperative that the employment permits system is correctly oriented to meet the State’s labour market needs. To that end, I recently published a report reviewing the economic migration policies underpinning the current employment permits system to ensure our policies are fully supportive of Ireland’s labour market needs, be they skills or labour shortages in certain sectors. The report confirms that our employment permits system is largely robust with some adjustment required to ensure continued responsiveness, setting out recommendations to be addressed over the short, medium and long term that will ensure that our employment permits system will play its part in supporting Ireland's labour market needs.
In order to have an occupation considered for addition to the HSEOL, or removed from the ICEL, there would need to be a clear demonstration of current recruitment difficulties and shortages across the EEA and that difficulties are not as a result of other factors such as salary, employment conditions or lack of upskilling opportunities. Organisations in the sector would need to provide the necessary data to substantiate their claims. A detailed evidence-based case requesting the additional of an occupation to the highly skilled list would then need to be put forward by the Department of Housing, Planning and Local Government as the lead Department for the sector, to my Department for review and consideration.
Minister Humphreys met with the CIF Representatives recently to discuss the labour and skills challenges in the sector and engagement is ongoing with her officials. A detailed submission made to her Department by the Construction Industry Federation is under active consideration, in consultation with officials in the Department of Housing, Planning and Local Government who also sit on the Interdepartmental Group on Economic Migration.
186. Deputy Róisín Shortall asked the Minister for Health when a full personal assistance service will be put in place for a person (details supplied) in Dublin 15; the reason for the delay; and if he will make a statement on the matter. [49838/18]
View answerThe Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.
As the Deputy's question relates to a service issue, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.
187. Deputy Clare Daly asked the Minister for Health if he will address a matter regarding the urgent need for a package to be negotiated in order to facilitate a person (details supplied) in leaving Beaumont and returning home; and if he will make a statement on the matter. [49607/18]
View answerI will respond to the Deputy upon receipt of clarification regarding the details supplied sought by officials in my Department.
188. Deputy Michael Healy-Rae asked the Minister for Health the status of a hospital appointment for a person (details supplied); and if he will make a statement on the matter. [49616/18]
View answerUnder the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.
The National Waiting List Management Policy, a standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, since January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.
In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to the Deputy directly.
