Written Answers Nos. 101-125
101. Deputy Darragh O'Brien asked the Minister for Justice and Equality the average waiting times for each probate office to provide a grant of probate and a grant of letters of administration; his views on whether probate offices are providing a timely service in all areas; his further views on whether it has adequate resources and staff to provide a timely and efficient service; and if he will make a statement on the matter. [49982/18]
View answer102. Deputy Darragh O'Brien asked the Minister for Justice and Equality the status of the review of the probate system by the Courts Service; when it will be implemented; and if he will make a statement on the matter. [49983/18]
View answerI propose to take Questions Nos. 101 and 102 together.
The Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998. Probate functions are also carried out by County Registrars at District Probate Registries in 14 provincial court offices.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following information for each probate office/registry:
Average waiting times for grant of probate/grant of letters of administration applications:
|
County |
Waiting time |
|
Cavan |
4 weeks |
|
Cork |
10-12 weeks |
|
Donegal |
20 weeks |
|
Dublin |
7–8 weeks |
|
Galway |
15 weeks |
|
Kerry |
14 weeks |
|
Kilkenny |
9-10 weeks |
|
Limerick |
12 weeks |
|
Louth |
12-14 weeks |
|
Mayo |
6 weeks |
|
Sligo |
12 weeks |
|
Tipperary |
4-6 weeks |
|
Waterford |
16 weeks |
|
Westmeath |
10-11 weeks |
|
Wexford |
8-10 weeks |
As the Deputy will appreciate all applications for Grants in deceased persons' estates are made on foot of a number of mandatory legal documents which must be furnished by the applicants. These require detailed checking by the Dublin Probate Office or District Probate Registry to ensure that the estate of the deceased person is administered correctly and in accordance with the law. Where a person opts to apply for a Grant personally, without the assistance of a solicitor, the process requires significant extra support from the Dublin Probate Office or District Probate Registry.
I wish to inform the Deputy that waiting times are in line with normal waiting times for work of this nature. The Courts Service is aware of the variance in waiting times across District Probate Registries which is due to the volume of applications received, the skill sets within the Registries and the operational priorities within the offices. Priority is given to probate applications where there is a particular urgency or in extenuating circumstances. In such cases, it is open to applicants to bring the matter to the attention of the Probate Office or District Probate Registry.
The Courts Service has advised that the Dublin Probate Office is fully staffed and that there is no need for further resources at present. The staffing of the District Probate Registries forms part of the overall staff structure within the Combined Court Office and services are provided within the overall resource allocation. The staffing of all Court Offices is kept under review and is allocated on the basis of the spectrum of services provided, including the delivery of probate services.
As the Deputy will be aware, the Report of the Probate Services Review Group was approved by the Courts Service Board on 23 April 2018. The Review makes a number of recommendations as set out in the Report in relation to:
1. Improvements to existing business processes;
2. Communication with District Probate Registries;
3. Re-allocation of functions;
4. ICT efficiencies including the development of online filing functionality, through an eProbate system and electronic data exchange with the Revenue Commissioners.
The Courts Service has further advised that there are ongoing improvements to the internal processes in the Dublin Probate Office which will form part of a process of continuous business improvement into the future. The changes, in addition to the allocation of additional resources, have already provided significant improvement in waiting times.
The Courts Service has informed me that the management team in the Probate Office intends to meet with the Law Society before year end to discuss further proposed changes to help reduce the assessment times for papers lodged in the Probate Office. Work has also begun on changes to the probate information currently available on the Courts Service website, including a more detailed section highlighting issues in papers submitted that could cause a delay to processing papers. The Courts Service has also informed me that work on changes to the Rules of the Superior Courts, required to implement some of the recommendations, is underway.
The Courts Service has indicated that work will begin shortly developing a detailed business case for an online eProbate system which will replace most of the more traditional channels used heretofore and will represent a significant change in how this service will be delivered. The development of this online digital application and processing system with data exchange to Revenue Commissioners is in line with Government e-policies as set out in the Public Service ICT Strategy and Our Public Service 2020.
103. Deputy Niall Collins asked the Minister for Justice and Equality the status of the work of the Independent Reporting Commission; and if he will make a statement on the matter. [49986/18]
View answerTo facilitate monitoring of the implementation of measures aimed at ending paramilitary activity in Northern Ireland, the Fresh Start Agreement provided for the establishment by the two Governments of the Independent Reporting Commission. An international agreement between Ireland and the UK establishing the Independent Reporting Commission was signed in September 2016 and the Agreement was given effect to by legislation in both jurisdictions.
The Commission’s functions are to:
- report annually on progress towards ending continuing paramilitary activity connected with Northern Ireland (or on such further occasions as required);
- report on the implementation of the relevant measures of the three administrations – critical here will be the NI Executive’s Strategy to tackle paramilitary activity and associated criminality; and
- consult the UK Government and relevant law enforcement agencies, the Irish Government and relevant law enforcement agencies and, in Northern Ireland, the Executive, PSNI, statutory agencies, local councils, communities and civic society organisations.
As the Deputy will be aware, on 23 October of this year, the two Governments published the Commission's first report. I commend the Commission for its work so far and the efforts it has put into this first report. I welcome the report as an opportune reminder to all of us of the continuing adverse impact on society in Northern Ireland of the culture of paramilitarism that persists in some communities there. The Commission's report is available at its website (ircommission.org).
In the report, the Commission expresses strong confidence in the whole-of-society approach to ending paramilitarism that underlies the measures set out in the Fresh Start Agreement. A striking feature of the report is the clear correlation displayed between the locations of paramilitary activity and areas of social and economic disadvantage in Northern Ireland.
The Commission has reported good progress across a range of the measures that are set out in the Executive's Action Plan for tackling Paramilitarism, Criminality and Organised Crime, and it reported also that there remains a significant amount of work to be done. I am sure the Deputy will join me in urging people on all sides in Northern Ireland, especially those in positions of political influence, to engage fully in this process of positive change for the people of Northern Ireland.
The Commission's report makes clear that there are a range of areas where the full and effective implementation of the Executive’s action plan is hampered by the absence of an Executive in Northern Ireland. It is another reminder of the importance of re-establishing the power-sharing arrangements in order that they can work to address the issues of most importance for people in communities across Northern Ireland.
104. Deputy Niall Collins asked the Minister for Justice and Equality the status of the work of the cross-Border crime task force; the budget of the task force in 2018; the number of permanent staff; and if he will make a statement on the matter. [49987/18]
View answerIn November 2015, the British and Irish Governments and the Northern Ireland Executive agreed a series of measures in the agreement A Fresh Start, The Stormont Agreement and Implementation Plan, as part of a concerted and enhanced effort to tackle organised and cross jurisdictional crime. These measures included the creation of the Joint Agency Task Force.
The Joint Agency Task Force is just one positive example of the extensive North-South co-operation that is undertaken between the police and other law enforcement agencies aimed at tackling crime and enhancing the safety of all communities on this island.
This Task Force is led by senior officers from An Garda Síochána, the Police Service of Northern Ireland, the Revenue Commissioners and HM Revenue and Customs. A number of other relevant bodies, including the National Crime Agency and the Criminal Assets Bureau are also involved in operational activity. The objective of the Task Force is to build on existing law enforcement frameworks and to increase the collective effectiveness of operational law enforcement actions.
The Strategic Oversight Group of the Task Force is chaired jointly at senior management level by the two police services in order to provide strong strategic direction and oversight to front-line operational activities. This group also includes senior personnel from the other relevant agencies.
Senior officers from An Garda Síochána and the PSNI jointly chair the Operations Co-ordination Group, which is bringing forward the operational actions in six priority areas that have been the focus of the work of the task force: Rural Crime; Immigration-related Crime; Excise Fraud; Drugs; Financial Crime and Human Trafficking. These priorities are, of course, kept under ongoing review. There has been very considerable operational activity, with a variety of different operations undertaken across all of the priority areas since the establishment of the Task Force. I commend the efforts of all of the agencies involved in this important work.
As the Joint Agency Task Force is a multi-agency coordination structure it does not have a necessarily defined staffing complement or budget. Personnel from the participating agencies in both jurisdictions are assigned for specific operations and other capabilities from the relevant agencies are deployed as required consistent with operational demands.
Under the provisions of the Agreement, a report of the work of the Task Force is provided by the Strategic Oversight Group to the six monthly meetings of Justice Ministers in the framework of the Intergovernmental Agreement on Co-operation on Criminal Justice Matters. Two such reports covering the first twelve months of the operation of the Task Force have been prepared and submitted to the two Justice Ministers over the course of 2016.
While there has been a hiatus in the normal reporting arrangements given the current impasse in the Northern Ireland institutions, I want to assure the Deputy that this has not impacted on the continuing operational work being carried out by the Task Force, which maintains its focus on tackling serious cross-border crime.
105. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when it will be possible to progress the case for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [49995/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for residency, accompanied by a right to work, was received on 24 May 2018 from the person concerned based on their parentage of an Irish citizen child. The Deputy will appreciate that applications are dealt with in chronological order. I understand that the application is under consideration and the INIS will be in contact with the person concerned, in writing, in due course.
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.
106. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a temporary residency status will issue in the case of a person (details supplied); and if he will make a statement on the matter. [50002/18]
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.
107. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will consider the regularisation of residency in the case of a person (details supplied); and if he will make a statement on the matter. [50003/18]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the information provided by the Deputy is not sufficient to establish the correct identity of the individual concerned in order to provide a response on the matter.
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.
108. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when it will be possible to approve residency status in the case of a person (details supplied); and if he will make a statement on the matter. [50004/18]
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.
109. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when long term residency or an alternative will be awarded in the case of a person (details supplied); and if he will make a statement on the matter. [50005/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been granted leave to remain in the State for the period to 14 January 2019. This decision was conveyed in writing to the person concerned by letter dated 15 January 2017.
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.
110. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when long-term residency will be extended in the case of a person (details supplied); and if he will make a statement on the matter. [50006/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it would appear the person's presence in the State may be unlawful as their most recent permission to remain in the State expired in May 2013.
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 INIS received a request for permission to reside in the State from the person concerned on 28 September 2018. This request will be given detailed consideration and INIS will write to the person concerned in due course.
Should the person concerned wish to provide any additional information or documentation they should send it to Unit 2, Domestic Residence and Permissions Division, INIS, 13/14 Burgh Quay, Dublin 2.
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.
111. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when an upgrade of residency status will be awarded in the case of a person (details supplied); and if he will make a statement on the matter. [50007/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State, on Stamp 4 conditions, as the parent of an Irish citizen child on 15 November 2013. This permission was subsequently renewed with the latest permission granted up to 14 February 2018 by the Garda National Immigration Bureau. An application for renewal of the permission to remain in the State was received by INIS from the legal representatives of the person concerned on 1 March 2018.
I am further advised that INIS wrote to the person's legal representative on 16 March 2018 seeking supporting documentary evidence. To date no correspondence has been submitted in response to that request. However, I understand that it remains open to the person concerned to provide the outstanding information to INIS.
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.
112. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when an application for naturalisation will be approved in the case of a person (details supplied); and if he will make a statement on the matter. [50008/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing. On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union level, and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
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.
113. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when a naturalisation application will be concluded in the case of a person (details supplied); and if he will make a statement on the matter. [50009/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing. On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union level, and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
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.
114. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when a residency status will be upgraded in the case of a person (detail supplied); and if he will make a statement on the matter. [50010/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it received a request for a change in the person's permission to reside in this State on 1 November 2018. I understand that INIS wrote to the person concerned on 19 November 2018 in relation to the grant of permission to reside in the State on Stamp 4 conditions until 18 November 2021.
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.
115. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when family reunification will be offered to persons (details supplied); and if he will make a statement on the matter. [50011/18]
View answerThe person concerned submitted a proposal to bring her son to the State under the Irish Refugee Protection Programme - Humanitarian Admissions Programme (IHAP) 2, which was received by the Irish Naturalisation and Immigration Service of my Department on 30 June 2018.
The IHAP is a programme which allows holders of International Protection Status in the State, i.e Refugees with Convention or Programme Refugee Status, and holders of Subsidiary Protection grants, and Irish Citizens to seek to bring to the State their family members who are nationals of one of the top ten major source countries of refugees as identified by the UNHCR.
The first window for proposals under the IHAP closed on 30 June, and work has been ongoing since then on assessing and verifying proposals. No decision has yet issued to the person in question but it is anticipated that all proposals will have had a decision issued by mid December.
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.
116. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which his Department through An Garda Síochána continues to achieve progress in the fight against organised criminal gangs; and if he will make a statement on the matter. [50016/18]
View answer117. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which An Garda Síochána can step up intelligence and surveillance of criminal gangs that are likely to target persons living in isolated areas or cash in transit in the run up to Christmas in particular; and if he will make a statement on the matter. [50017/18]
View answerI propose to take Questions Nos. 116 and 117 together.
I can assure the Deputy that tackling organised crime activity in both rural and urban areas is a key ongoing priority for both the Government and An Garda Síochána. An Garda Síochána's Policing Plan sets out the priorities of An Garda Síochána in tackling organised crime activity, with an emphasis on its continued commitment to pro-actively target groups and individuals engaged in criminal activity, including organised criminal activities.
In tackling such activity, An Garda Síochána continues to develop and implement operations and strategies aimed at targeting, dismantling and disrupting criminal networks, utilising advanced analytical and intelligence methodologies. Multi-disciplinary approaches are also utilised to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted, including through the use of proceeds of crime legislation, money-laundering legislation, the provisions of the Criminal Justice (Amendment) Act 2009 relating to organised crime and the powers of the Criminal Assets Bureau. In addition, the increased Government investment in the Garda fleet will allow Gardaí to continue to effectively police our roads network.
The Programme for Government underlines the need for close engagement between An Garda Síochána and local communities. This is an essential feature of the strong community policing ethos which has long been central to policing in this jurisdiction. The Deputy will be aware that, as part of the overall strategy to oppose criminality, the Garda authorities pursue a range of partnerships with community stakeholders, including the farming organisations. In that connection, Operation Thor has yielded significant results in tackling property related crime and burglary, including in rural areas.
The Deputy will also be aware that Operation Hybrid was established to coordinate the response to violent crime in Dublin and address concerns about community safety. That Operation benefits from significant support by Armed Support Units.
As of 18 November, Operation Hybrid has resulted in: 84 arrests, 11 charges in total, 37 firearms seized, 283 searches carried out, 16,821 lines of enquiry conducted with more than 71,600 high visibility checkpoints, implemented with support from Armed Support Units. A significant amount of CCTV footage, mobile phone traffic, and forensic evidence has also been examined. Gardaí have had notable successes in targeting the drugs trade, which fuels the activities of organised criminals, resulting in significant seizures of drugs, firearms and information on financial transactions.
The Deputy will appreciate that for reasons of security it would not be appropriate to go into the details of the particular arrangements that the Garda Authorities have in place in respect of the security of cash-in-transit transfers. What I can say is that combatting and disrupting attempts by organised criminal gangs to commit cash robberies, often carried out with the threat or use of violence, is a priority for the Gardaí. The Gardaí work on an ongoing basis with the financial institutions and the security companies involved to enhance the protection of the individuals involved in carrying out this business and to facilitate the security of the arrangements in place for the transfer of cash.
While we should not underestimate the difficulties which the Garda authorities face in tackling organised criminal activity, we continue to see the significant results of their efforts in the arrests made and persons being brought before the Courts, as well as the ongoing drugs and firearms seizures made.
For its part the Government remains committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. A total budget of €1.76 billion has been provided to An Garda Síochána in 2019, an increase of over €100 million on the 2018 allocation. The Government will also continue to progress the accelerated Garda recruitment programme with a view to increasing overall Garda numbers (including civilians) to 21,000 by 2021.
118. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of extra gardaí likely to become available throughout the regions, including community gardaí, arising from recent graduations from the Garda college; and if he will make a statement on the matter. [50018/18]
View answer121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which Garda numbers in each division are likely to be enhanced following recent graduations from Templemore; and if he will make a statement on the matter. [50021/18]
View answerI propose to take Questions Nos. 118 and 121 together.
As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter.
The Deputy is aware that the moratorium on Garda Recruitment introduced in 2009 resulted in a reduction in Garda numbers across the organisation. Since the reopening of the Garda College in September 2014, almost 2,200 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide.
I look forward to attending the attestation of another 200 recruits tomorrow which will see Garda numbers reach 14,000 by the end of this year. This and ongoing recruitment will clearly provide the Commissioner with the resources to increase Garda visibility in our communities and to support all Garda activity including community policing.
In relation to the allocation of newly attested Gardaí, it is important to note that these probationer Gardaí have a further 16 months of practical and class-room based training to complete in order to receive their BA in Applied Policing. To ensure that they gain the breadth of policing experience required and are properly supervised, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.
As the Deputy will be aware community policing is at the heart of An Garda Síochána. Every community, whether urban or rural, is recognised as having its own concerns and expectations and to that end every Garda member while carrying out their duties is considered a community Garda. The official categorisation of “Community Garda” refers to those who are exclusively assigned to building relationships with local communities which includes giving talks to schools and community groups. Each Divisional Chief Superintendent determines the optimum distribution of duties among the personnel available to him or her having regard to the profile of the area and its specific needs and therefore the number of Gardaí with the official designation of Community Garda can vary.
I am further advised that a New Community Policing Framework is currently being developed in the light of the recommendations in the Report of the Commission on the Future of Policing in Ireland.
The information in relation to the allocation of Probationer Gardaí by Division and Station as provided by the Garda Commissioner is available on my Department’s website through the link:
Garda Deployment
The information in relation to the number of Community Gardaí by Division in each of the years 2008 as to 31 October 2018, the latest date for which figures are available is available on my Department’s website through the link:
Garda Strength
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.
119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of vacant promotional positions to be filled at all levels throughout An Garda Síochána to date; and if he will make a statement on the matter. [50019/18]
View answerAs the Deputy will appreciate, the Garda Commissioner 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.
Appointments to the ranks of sergeant and inspector are a matter for the Commissioner under section 14 of Garda Síochána Act 2005. I am pleased that the Budget 2019 provides resources to increase the number of sergeants in An Garda Síochána by 110 and the number of inspectors by 81 next year. As the numbers in An Garda Síochána continue to increase towards the target of 15,000 by 2021, it is imperative that the appropriate and commensurate numbers of supervisors are put in place.
I am advised by the Commissioner that competitions recently concluded for promotion to the rank of sergeant and inspector with the aim of bringing the number in these ranks up to the full strength as agreed under the Employment Control Framework (ECF). The allocation of successful candidates is currently underway, with 170 sergeants having been appointed to date and appointments to the rank of inspector expected in the coming weeks.
The process of selecting and appointing members to the ranks of assistant commissioner, chief superintendent and superintendent lies with the Policing Authority since 1 January 2017. As Minister, I have no role in the selection and appointment of candidates to these ranks with the exception of members of the Police Service of Northern Ireland (PSNI) whose appointment by the Authority must be approved by the Government. The Authority held competitions for each of these ranks in 2017. A further superintendent competition was completed in July 2018 and a panel of candidates established by the Authority. A competition for the rank of chief superintendent has just been completed. The existence of panels ensures that vacancies arising can be filled without any undue delay.
Appointments to the ranks of Commissioner and Deputy Commissioner are made by Government upon the nomination of the Authority.
For the Deputy's information I have set out in the attached table the Garda strength of each rank as compared to the ECF as of 26 November 2018, the latest date for which figures are currently available, as supplied by the Garda Commissioner. I have requested the information sought in respect of Garda staff promotional vacancies from the Commissioner and I will forward it directly to the Deputy when it is available.
|
Strength of each rank as compared to the ECF as of 26 November 2018 |
|||
|
Rank |
Strength |
ECF |
Vacancies |
|
Commissioner |
1 |
1 |
0 |
|
D/Commissioner |
1 |
2 |
1 |
|
A/Commissioner |
9 |
9 |
0 |
|
Chief Superintendent |
45 |
47 |
2 |
|
Superintendent |
166 |
168 |
2 |
|
Inspector |
233 |
300* |
67 |
|
Sergeant |
1986 |
2,000* |
14 |
* The ECF will increase in 2019 for Inspector’s by 81 to 381, and for Sergeant’s by 110 to 2110.
|
- |
Garda Staff Vacancies |
|
- |
Number of vacancies as of 31 October, 2018 |
|
Clerical Officer |
274 |
|
Executive Officer /Technician |
63 |
|
Higher Executive Officer (Analyst & Teacher) |
25 |
|
Assistant Principal |
4 |
|
Principal Officer |
2 |
|
Others |
8 |
|
Total |
376 |
120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of women in An Garda Síochána; and if he will make a statement on the matter. [50020/18]
View answerI have been informed by the Garda Commissioner that the total number of women in all ranks of An Garda Síochána as of the 31 October 2018, the latest date for which figures are readily available, was 3,720 or 27% of the total strength. This compares favourably with the number on 31 December 2008 which was approximately 3,100 or 22% of the total strength. While this is broadly in line with other police services in England and Wales, there is clearly plenty of scope for improvement.
The Garda Authorities have assured me that a concerted effort is being made to encourage women to consider a career in An Garda Síochána so that the membership of An Garda Síochána will reflect the community that it serves.
The Commission on the Future of Policing in Ireland (CoFPI) in the course of its work held semi-structured focus group discussions with female Garda members to explore the experiences of female Garda personnel regarding their careers, training and development and future prospects. Among the recommendations made in the CoFPI report is the reform of the current roster and greater flexibility of work practices which would enhance the attractiveness and job satisfaction of a career in An Garda Síochána.
The Government noted this Report on publication and my Department is currently consulting widely on the issues raised including with the Garda Commissioner in advance of me returning to Government in December with my views on the recommendations and a High Level Implementation Plan.
For the Deputy's information I have set out below in tabular form the number of women by rank and as a percentage of the total by rank as of 31 October 2018.
|
Total |
Female |
Female as % of Total |
|
|
Commissioner |
1 |
0 |
0% |
|
Deputy Commissioner |
1 |
0 |
0% |
|
Assistant Commissioner |
9 |
2 |
22% |
|
Chief Superintendent |
46 |
7 |
15% |
|
Superintendent |
166 |
17 |
10% |
|
Inspector |
236 |
34 |
14% |
|
Sergeant |
1988 |
390 |
20% |
|
Garda |
11429 |
3270 |
29% |
|
Total |
13876 |
3720 |
27% |
*As of 31 October 2018
122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if particular steps can be taken or are being taken to proscribe membership of criminal gangs in view of their threat to the security of the State; and if he will make a statement on the matter. [50022/18]
View answerI can assure the Deputy that tackling organised crime activity is a key ongoing priority for both the Government and An Garda Síochána. The Government's commitment in this regard is evidenced by the significant additional funding that has been provided to An Garda Síochána in recent years in response to increased gang-related violence and crime.
The question of providing for an offence of membership of a criminal gang, in a manner similar to the approach taken in the Offences Against the State Acts with regard to membership of a proscribed organisation, has arisen from time to time. In this regard, it is important to understand the issues which arise in seeking to simply outlaw membership of a criminal gang in such a manner. Most significant here is the fact that a criminal gang is not likely to have the permanency of organisation and structure that a subversive organisation or other more fixed group would have. Relationships in criminal gangs tend to be more fluid with shifting memberships, alliances and a membership which may depend on circumstance.
However, criminal legislation has been updated in recent years, with a view to ensuring that it provides a comprehensive range of provisions for the prosecution and punishment of crime, in particular the activities of those involved in organised crime. Part 7 of the Criminal Justice Act 2006 (as amended by the Criminal Justice (Amendment) Act 2009) establishes a number of offences targeting the activities of those involved in organised crime. These offences include participation in a criminal organisation and directing a criminal organisation. The latter offence specifically targets those in criminal organisations who give the orders without requiring their direct participation in the commission of criminal offences. On conviction, this offence carries a penalty of up to life imprisonment.
The Criminal Justice Act 2006 also makes it an offence to conspire with one or more persons to do an act that constitutes a serious offence, irrespective of whether such act actually takes place or not. Evidential provisions as to the existence of a criminal organisation were also introduced aiding prosecution of the offences provided for under the Act. The Act also provides that where a serious offence is committed as part of, or in furtherance of a criminal organisation, it shall be treated as an aggravating factor for the purpose of determining sentence.
I am advised that An Garda Síochána continue to utilise all available legislation, including the provisions of the Criminal Justice Act 2006 referred to above, in their ongoing efforts to tackle organised crime activity.
An Garda Síochána's Policing Plan sets out the priorities of An Garda Síochána in tackling organised crime activity including its continued commitment to pro-actively target groups and individuals engaged in criminal activity, including organised criminal activities.
An Garda Síochána continues to develop and implement operations and strategies aimed at targeting, dismantling and disrupting criminal networks utilising advanced analytical and intelligence methodologies. Multi-disciplinary approaches are also utilised to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted, including through the use of proceeds of crime legislation, money-laundering legislation, the provisions of the Criminal Justice (Amendment) Act 2009 relating to organised crime and the powers of the Criminal Assets Bureau.
While we should not underestimate the difficulties which the Garda authorities face in tackling organised crime activity, we continue to see the significant results of their efforts in the arrests made and persons being brought before the Courts, as well as the ongoing drugs and firearms seizures made.
123. Deputy Billy Kelleher asked the Minister for Justice and Equality the progress to date for each of the action points made in the report Measures to Enhance Ireland's Corporate, Economic and Regulatory Framework published in November 2017 that fall under his remit; if each such action point has been completed, not completed or is ongoing, respectively; and the revised deadlines for action points not delivered by the original timeframes in tabular form. [50036/18]
View answerThe information requested by the Deputy, insofar as my Department is concerned, is outlined in the table below.
|
Progress on Measures to Enhance Ireland’s Corporate, Economic, and Regulatory Framework |
|||||
|
Action Point No. |
Action Point |
Timeline |
Relevant Bodies |
Lead/Owner |
Progress |
|
6 |
Review anti-corruption and anti-fraud structures. |
Q2 2018 |
Department of Justice and Equality, Garda National Economic Crime Bureau, Department of Finance, Department of Public Expenditure and Reform, Office of the Revenue Commissioners, Office of the Director of Corporate Enforcement. |
Department of Justice and Equality |
The Review is being taken forward by former DPP and Anti-Corruption Expert Mr James Hamilton. The Review Group has already had preliminary discussions about the Report (on 1 Nov) and is due to meet again in December and will deliver its findings in June 2019. |
|
7 |
Establish a Garda-led Joint Agency Task Force on a pilot basis as part of the overall review of structures & procedures |
Q2 2018 |
An Garda Síochána, the Central Bank, industry representatives and any other relevant bodies. |
Department of Justice and Equality |
The Joint Agency Task Force will be established with the pilot basis examining in particular payment fraud. This will be influenced by the work done by the Steering Group on Invoice Redirection Fraud for which material for an information campaign is being prepared for a launch in early 2019 which will signal the formal commencement of the work of the Task Force. |
|
Enact the Criminal Procedure Bill |
|||||
|
8 |
Publish the Criminal Procedure Bill |
Q2 2018 |
Department of Justice and Equality, Office of the Attorney General, Oireachtas |
Department of Justice and Equality |
Currently being drafted by OPC in the Office of the Attorney General. |
|
9 |
Enact Criminal Procedure Bill |
Q4 2018 |
Department of Justice and Equality, Office of the Attorney General, Oireachtas |
Department of Justice and Equality |
Related to 8 above. |
|
Transpose 4th Anti-Money Laundering Directive (4AMLD) |
|||||
|
24 |
Transpose 4th Anti-Money Laundering Directive (4AMLD) |
Q1 2018 |
Department of Justice and Equality, Department of Finance, Office of the Attorney General |
Department of Justice and Equality |
Enacted 14 November 2018. Commenced 26 November 2018 |
|
Publish and Enact the Criminal Justice (Corruption Offences) Bill |
|||||
|
27 |
Publish the Criminal Justice (Corruption Offences) Bill |
Q4 2017 |
Department of Justice and Equality, Office of the Attorney General, Oireachtas |
Department of Justice and Equality |
Completed. |
|
28 |
Enact the Criminal Justice (Corruption Offences) Bill |
Q4 2018 |
Department of Justice and Equality, Office of the Attorney General, Oireachtas |
Department of Justice and Equality |
Enacted 5 June 2018. Commenced 30 July 2018. |
124. Deputy Marcella Corcoran Kennedy asked the Minister for Business, Enterprise and Innovation when an application for an employment permit will issue to a person (details supplied); and if she will make a statement on the matter. [49861/18]
View answerThe Employment Permits Section of my Department informs me that the above named person was granted a Dependant/Partner/Spouse employment permit on 28th November 2018.
125. Deputy Charlie McConalogue asked the Minister for Business, Enterprise and Innovation the number of food businesses that have applied for working capital under the Brexit loan scheme that opened in March 2019; the number of such businesses that have been sanctioned financing to date; and the value of same. [49993/18]
View answerThe Brexit Loan Scheme provides affordable working capital to eligible businesses with up to 499 employees that are or will be impacted by Brexit and meet the scheme criteria. The €23 million exchequer funding (€14 million from my Department and €9 million from the Department of Agriculture, Food and the Marine) has been leveraged to provide a fund of up to €300 million.
It has been designed to assist eligible Irish businesses in the short-term to deal with the challenges of Brexit, which include the pressures of increased market instability and currency volatility. The scheme is open to both State Agency clients and businesses that do not have any relationship with State Agencies. Sole traders may also apply.
The scheme features a two-stage application process. First, businesses must apply to the Strategic Banking Corporation of Ireland (SBCI) to confirm their eligibility for the scheme. This application process requires businesses to use guidelines provided on the SBCI website to determine if they are eligible, and if so, to complete the eligibility form. As part of the process, businesses must submit a business plan, demonstrating the means by which they intend to innovate, change or adapt to meet the challenges posed by Brexit. Guidance is available on the SBCI website on how to complete a business plan. The SBCI assess the applications and successful applicants receive an eligibility reference number.
Successful applicants can then apply for a loan under the scheme with one of the participating finance providers. Participating finance providers are the Bank of Ireland, Ulster Bank and Allied Irish Bank. Approval of loans under the Brexit Loan Scheme is subject to the finance providers’ own credit policies and procedures.
The scheme was launched in March this year and, as of 23 November, there have been 307 applications received, of which 270 have been approved and 54 loans progressed to sanction at bank level to a value of €12.51 million. These figures were issued as an interim update, more detailed information is available on a quarterly basis. As of the most recent quarterly report, dated 02 October, the number of businesses in the “Food and Accommodation” sector approved for eligibility by the SBCI was six. A further two businesses were approved in the "Agriculture" sector. There were also 79 "Manufacturing" businesses, of which eighteen were food businesses. Given the time lag between approval by SBCI and sanction of loans by on-lenders, a detailed analysis of activity at on-lender level is not available at this point in time.
