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Tuesday, 18 Dec 2018

Written Answers Nos. 273-292

Garda Deployment

Questions (273)

Thomas P. Broughan

Question:

273. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of gardaí by rank attached to the Garda National Immigration Bureau as of 1 January 2018 and 10 December 2018; and if he will make a statement on the matter. [53228/18]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel and I, as Minister, have no direct role in the matter. Garda management keeps this distribution under review in the context of crime trends and policing priorities to ensure optimum use is made of the resources.

The table below shows the number of Gardaí attached to the Garda National Immigration Bureau as of 1st January and 10th December 2018 as provided by the Commissioner.

GNIB

AC

CS

SU

INS

SG

GD

01/01/2018

1

2

2

15

102

10/12/2018

1

2

3

14

95

Asylum Applications

Questions (274)

Bernard Durkan

Question:

274. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [53240/18]

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Written answers

As the Deputy is aware, if an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant or his legal representative should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate.

The IPO may be contacted either by email to info@ipo.gov.ie, by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2. The International Protection Appeals Tribunal may be contacted either by email to info@protectionappeals.ie, by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division. The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.

Following the commencement of the International Protection Act 2015 on 31 December 2016, new arrangements for the investigation and determination of applications for international protection (refugee status and subsidiary protection) and cases involving permission to remain in the State have been introduced. Such applications are now processed, as part of a single application procedure, by the International Protection Office (IPO) which has replaced the Office of the Refugee Applications Commissioner (ORAC) from that date. The staff of that Office (the Chief International Protection Officer and International Protection Officers) are independent in the performance of their protection functions.

For your information, on 27 February 2017, the Chief International Protection Officer, following consultation with the United Nations High Commissioner for Refugees (UNHCR), published a statement on the Prioritisation of Applications under the International Protection Act 2015 which is available on the website of the International Protection Office (www.ipo.gov.ie).

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Criminal Assets Bureau

Questions (275)

Catherine Connolly

Question:

275. Deputy Catherine Connolly asked the Minister for Justice and Equality the estimated amount it would cost in 2019 if the budget for the Criminal Assets Bureau increased by 12.5%; and if he will make a statement on the matter. [53271/18]

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Written answers

I wish to inform the Deputy that the Government is committed under the Programme for a Partnership Government to ensuring that adequate resources are provided to support the work of the Criminal Assets Bureau (CAB) in tackling money laundering and targeting the proceeds of crime.

The CAB's financial allocation for 2018 was €7.948 million. This represents an increase of €0.363 million on its 2017 allocation. CAB's financial allocation for 2019 is to be increased by a further €0.7 million, bringing its total allocation for 2019 to €8.648 million or an 8.8% increase on 2018. The increase in the CAB's financial allocation in recent years is mainly due to the extra costs arising from additional staff resources. A 12.5% increase in the CAB's allocation in 2018 would cost €0.993 million and would provide the Bureau with an allocation of €8.941million.

During 2017, the Bureau returned in excess of €4.3 million to the Exchequer, including €1.698 million returned under Proceeds of Crime legislation; €2.374 million collected under Revenue legislation; and €0.319 million recovered in Social Welfare overpayments. In addition, the Bureau brought 28 new proceeds of crime proceedings before the High Court. This is the largest number of new cases ever commenced by the Bureau in a single year. Furthermore, the value of taxes and interest demanded during the year was €14 million and social welfare savings amounted to €0.47 million.

Garda Resources

Questions (276)

Catherine Connolly

Question:

276. Deputy Catherine Connolly asked the Minister for Justice and Equality the estimated amount it would cost in 2019 if the budget for the Garda Drugs and Organised Crime Bureau increased by 12.5%; and if he will make a statement on the matter. [53272/18]

View answer

Written answers

The Deputy will be aware that the resources provided by Government to An Garda Síochána have reached unprecedented levels, with an allocation for 2019 of €1.76 billion. This represents an increase of over 6% over the initial allocation for 2018.

Very significant capital investment is also being made in An Garda Síochána, including investment of €342 million in Garda ICT infrastructure between 2016 and 2021 to enable; investment of €46 million in the Garda Fleet over the same period; as well as considerable capital investment in addressing the deficiencies in the Garda estate.

These actions are in support of the Government’s commitment to ensuring a strong and visible police presence throughout the country, to maintain and strengthen community engagement, provide reassurance to citizens and deter crime.

As the Deputy will appreciate, in accordance with Section 26 of the Garda Síochána Act 2005, as amended, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána. Further, the allocation of Garda resources is a matter for the Commissioner, in light of the availability of resources and his identified operational demands. As Minister I have no direct role in these matters.

I am informed by the Garda authorities that the expenditure of the Drugs and Organised Crime Bureau in 2017 was € 14,848,315. Taking this level of expenditure as a base, a 12.5% increase would amount to an increase of €1,856,039 or a total expenditure of € 16,704,354.

Garda Resources

Questions (277)

Thomas Pringle

Question:

277. Deputy Thomas Pringle asked the Minister for Justice and Equality the budget of An Garda Síochána for maintenance and small capital works in 2017 and 2018; the amount allocated for same in 2019; and if he will make a statement on the matter. [53279/18]

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Written answers

The Deputy will be aware that the resources provided by Government to An Garda Síochána have reached unprecedented levels, with an allocation for 2019 of €1.76 billion. This represents an increase of over 6% over the initial allocation for 2018.

In terms of capital investment, €342 million is being invested in Garda ICT infrastructure between 2016 and 2021 to enable An Garda Síochána to deploy the latest cutting edge technologies and to deliver on reform. €46 million is being made available for investment in the Garda Fleet over the same period, in addition to the investment of almost €30 million in the fleet from 2013 to 2015.

Significant capital investment is also being made in addressing deficiencies in the Garda estate. The Garda Síochána Building and Refurbishment Programme 2016-2021 is an ambitious 5-year programme, based on agreed Garda priorities, involving over €60 million exchequer funding and benefitting over 30 locations around the country. The cell refurbishment programme has already completed works at 80 locations nationwide. And this is in addition to the provision of over €100 million for the development of 3 new Divisional and Regional Headquarters at Wexford, Galway and Dublin (Kevin Street) each of which has now been completed and entered into operational use.

This significant current and capital investment in An Garda Síochána is in support of the Government’s commitment to ensuring a strong and visible police presence throughout the country, to maintain and strengthen community engagement, provide reassurance to citizens and deter crime.

As the Deputy will be aware, it is the Garda Commissioner who is responsible for managing and controlling generally the administration and business of An Garda Síochána. Further, the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close co-operation with the Office of Public Works (OPW). As Minister, I have no direct role in this matter.

Funding for the maintenance of the Garda estate is included in both the Garda Vote and the OPW Vote.

In relation to the information requested by the Deputy, namely the budget in the Garda Vote for maintenance and small capital works, I am informed by the Garda authorities that the allocation and expenditure in the Garda Vote for the years 2017 and 2018 was as follows.

Year

Original Budget Allocation €

Supplementary Budget Allocation €

Budget Allocation including Supplementary €

Expenditure €

2017

721,000

3,479,000

4,200,000

4,301,000

2018

642,000

3,558,000

4,200,000

4,381,000 (to 13/12/18)

The amount allocated to the Garda Vote for maintenance and small capital works in 2019 is €642,000. As has been the case in previous years, funding would also be provided from the OPW Vote for 2019 for the maintenance of the Garda estate.

Garda Deployment

Questions (278)

Catherine Murphy

Question:

278. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of gardaí by rank in each divisional burglary response unit in 2017 and to date in 2018, in tabular form; and if he will make a statement on the matter. [53298/18]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel and I, as Minister, have no direct role in the matter. Garda management keeps this distribution under review in the context of crime trends and policing priorities to ensure optimum use is made of the resources.

I have asked the Garda Commissioner for the specific information requested and when it is received I will write directly to the Deputy.

The following deferred reply was received under Standing Order 42A
I refer to your Parliamentary Question No 278 for answer on Tuesday, 18 December 2018. At the time I responded that I would request the information sought by the Deputy from the Garda Commissioner and that I would write directly to her on receipt of same.
As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel and I, as Minister, have no direct role in the matter. Garda management keeps this distribution under review in the context of crime trends and policing priorities to ensure optimum use is made of the resources.
I am informed by the Commissioner that each Regional Assistant Commissioner is responsible for the oversight of burglary operations within their respective areas of responsibility and for ensuring the effective implementation of initiatives to tackle this type of crime.
I am further informed by the Garda Commissioner that Divisional Garda management is responsible for putting appropriate measures in place to tackle, prevent and detect criminal activity. This includes putting in place Divisional Burglary Response Teams as required, in response to crime trends indicating an increase in burglaries, so as to facilitate the implementation of an appropriate tactical Garda response.
An Garda Síochána works closely with communities to address issues at the community level. This includes crime prevention initiatives and community alert committees.
Operation THOR, a Garda National Anti-Burglary Strategy, was launched by the Garda Commissioner on the 2nd of November 2015. The operation was developed following an analysis of national burglary trends and patterns. The aim of the operation is to have a particular focus on identifying and targeting individuals involved in the commission of burglary and related crime as well as on preventing burglary crimes from occurring.
Since the beginning of Operation Thor in 2015 up to 15 January 2019, there have been 9,290 arrests, 10,662 charges, 34,720 searches, 273,355 patrols, 177,488 checkpoints and 97,480 intelligence reports.
I hope that this information is of assistance.

Gambling Legislation

Questions (279)

Maureen O'Sullivan

Question:

279. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality when the Gaming and Lotteries (Amendment) Bill will be introduced in Dáil Éireann; and if there will be an opportunity for pre-legislative scrutiny, consultation and amendments to be made. [53312/18]

View answer

Written answers

I am pleased to inform the Deputy that the Gaming and Lotteries (Amendment) Bill is currently being drafted by the Office of the Parliamentary Counsel.

The amendments proposed in the Bill will be broadly based on those contained in Part 13 of the General Scheme of the Civil Law and Courts (Miscellaneous Provisions) Bill 2017, that was approved by Government in July 2017. The Government subsequently decided to proceed with these provisions in a standalone Gaming and Lotteries (Amendment) Bill.

The Gaming and Lotteries (Amendment) Bill is an interim reform measure, pending the bringing forward of comprehensive gambling control legislation. I hope the Bill will be published before the end of the current Oireachtas session or early in the next Session.

The amendments proposed under the Bill address certain deficiencies with regard to the conduct of activities regulated under the Gaming and Lotteries Act 1956, and provide for the modernisation of that Act by way of, among other matters, arrangements for the better promotion of lotteries, updating certain stake and prize limits and standardising the minimum gambling age at 18.

It is a function of the Oireachtas Committee on Justice and Equality to make a decision on whether to conduct pre-legislative scrutiny of legislative proposals from Government, prior to the publication of a Bill. However, the Deputy may wish to note that the Committee decided not to carry out such scrutiny on the General Scheme of the Civil Law and Courts (Miscellaneous Provisions) Bill 2017, including the aforementioned Part 13 thereof. Nevertheless, as with any other Bill passing through the Oireachtas, Members may seek to introduce their own amendments.

Motor Insurance Fraud

Questions (280)

John Curran

Question:

280. Deputy John Curran asked the Minister for Justice and Equality the progress he and the motor insurance working group have made in the establishment of an anti-fraud unit within An Garda Síochána in order to reduce insurance fraud and uninsured driving; and if he will make a statement on the matter. [53349/18]

View answer

Written answers

The Deputy is aware that the Cost of Insurance Working Group (CIWG) proposed exploring the possibility that a specific unit, funded by the insurance industry, be established within the Garda National Economic Crime Bureau (GNECB) to tackle insurance fraud.

The Deputy will also be aware that the GNECB has engaged with Insurance Ireland in relation to this matter and submitted a mechanism for establishing an insurance fraud unit to Insurance Ireland in the first half of 2017. Following receipt of the reply from Insurance Ireland in July 2018, I met with the GNECB and the Assistant Commissioner, Special Crime Operations, on 30 August 2018 to discuss this recommendation further.

More recently, my colleague, the Minister of State at the Department of Finance, Mr Michael D'Arcy, T.D., met with the Garda Commissioner on 13 December to discuss matters relating to insurance fraud, including this recommendation, and the work of the CIWG. Following these discussions, I understand that the recommendation is receiving further consideration within An Garda Síochána.

My officials remain in close, ongoing contact with An Garda Síochána and the Department of Finance in relation to this matter. The CIWG will publish its fourth quarterly report for 2018 in the New Year.

Closed-Circuit Television Systems Provision

Questions (281)

John Curran

Question:

281. Deputy John Curran asked the Minister for Justice and Equality the number of applications for the community-based CCTV system that have been received and approved to date; and if he will make a statement on the matter. [53350/18]

View answer

Written answers

The Programme for a Partnership Government commits to supporting investment in CCTV systems. In furtherance of this commitment, a grant-aid scheme to assist groups in the establishment of community-based CCTV systems in their local areas is being administered by my Department. Eligible groups, including community groups and local authorities, can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000.

There have to date been 27 applications to the scheme. 20 applications have been approved, involving approved grants totalling more than €500,000. A further 4 applications to the scheme are currently being assessed and considered. The remaining 3 applications have been returned to the applicants concerned to enable them to supply the information necessary to qualify for grant aid.

The Deputy will be aware that CCTV systems installed for the purposes of crime prevention and as aids to policing in areas to which the general public routinely have access, such as town centres, fall into two distinct but complementary categories, namely Garda CCTV systems and community-based CCTV systems. Neither may be established without authorisation by the Garda Commissioner under section 38 of the Garda Síochána Act 2005, among other requirements.

Community CCTV is governed by section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI No 289 of 2006). This legal framework requires that any proposed community CCTV scheme must:

- be approved by the local Joint Policing Committee,

- have the authorisation of the Garda Commissioner, and

- have the prior support of the relevant local authority, which must also act as data controller.

This is the legal basis for all community CCTV schemes, regardless of how they are funded.

I am keen to ensure that all interested groups, in both rural and urban areas, have the opportunity to take advantage of the availability of the grant aid scheme. If the Deputy is aware of groups wishing to avail of the scheme, full details of the grant aid package are available to download from my Department's website - www.justice.ie and support and guidance is available to help interested groups to apply for this funding through a dedicated email address communitycctv@justice.ie

Garda Recruitment

Questions (282)

Brendan Smith

Question:

282. Deputy Brendan Smith asked the Minister for Justice and Equality the number of Garda trainees that will be recruited to the Garda College in Templemore in 2019; and if he will make a statement on the matter. [53352/18]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner has responsibility to manage and control generally the administration and business of An Garda Síochána, including by arranging for the recruitment, training and appointment of its members.

The Garda Commissioner has informed me that it is his intention to recruit a total of 600 trainee Gardaí in 2019. At the same time, it is his intention to recruit a net 600 Garda Staff (civilians). This will facilitate the redeployment of 500 Gardaí from administrative duties to frontline policing in 2019.

The level of recruitment of Garda members and Garda staff planned by the Commissioner for 2019 will ensure that the Government's commitment to the strength of An Garda Síochána reaching 15,000 Garda members and 4,000 Garda staff in 2021 is achieved.

I fully support the Commissioner’s management decision which will ensure that increasing numbers of Gardaí are available for frontline duties in 2019 and beyond. This is in line with the Commission for the Future of Policing in Ireland's recommendation that the Garda Commissioner should have the flexibility, within overall Government policy, to determine how he uses the resources at his disposal to deliver an effective and efficient policing service. The Government today endorsed the Commission's Report and published an Implementation Plan entitled 'A Policing Service for the Future'.

Garda Promotions

Questions (283)

Brendan Smith

Question:

283. Deputy Brendan Smith asked the Minister for Justice and Equality the reason for the delay in promoting members of An Garda Síochána on promotion lists to the rank of sergeant and inspector, respectively, in view of a number of critical reports on the force highlighting the urgent requirement to enhance governance and operational supervision as highlighted in recent reports published by the Garda Síochána Inspectorate, the Policing Authority and the Crowe Horwath report; and if he will make a statement on the matter. [53353/18]

View answer

Written answers

The Commission on the Future of Policing have reiterated the need for appropriate support and supervision for Garda recruits, and also the importance of having a greater number of Sergeants and Inspectors deployed to provide supervision in frontline policing. The need for greater operational supervision was also highlighted by the Culture Audit of An Garda Síochána which was published in May this year.

With this in mind, I am pleased that the recent Budget provided resources to increase the number of Sergeants by 110 and the number of Inspectors by 81. As Garda numbers 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.

As provided for under Section 14 of the Garda Síochána Act 2005 the Garda Commissioner is responsible for appointments to the ranks of Sergeant and Inspector. I am informed by the Commissioner that competitions for promotion to these ranks have recently concluded and panels formed, which will be drawn upon as needed, by the Commissioner.

I am further informed that 64 Inspectors and 170 Sergeants have been appointed by the Commissioner from these panels so far and it is expected further appointments will be made early in the new year.

Assisted Decision Making

Questions (284)

Caoimhghín Ó Caoláin

Question:

284. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality his plans to commence the Assisted Decision-Making (Capacity) Act 2015 in full and at the earliest practicable date; the timeframe for its commencement; and if he will make a statement on the matter. [53364/18]

View answer

Written answers

The Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act was signed into law on 30 December 2015.

New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health), must be put in place before the substantive provisions of the Act can be commenced.

A high-level Steering Group comprised of senior officials from the Department of Justice and Equality, the Department of Health, the Mental Health Commission (MHC) and the Courts Service, together with the Director of the Decision Support Service, is overseeing the establishment and commissioning of the Decision Support Service (DSS) and this work is ongoing. The Steering Group meets approximately once a month to monitor progress.

A number of provisions of the Act were commenced in October 2016 in order to progress the setting up of the Decision Support Service. The Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016), brought Part 1 (Preliminary and General) and Part 9 (Director of the Decision Support Service) of the Act, other than sections 3, 4 and 7 in Part 1 and sections 96 and 102 and Chapter 3 in Part 9, into operation on 17 October 2016. These provisions were brought into operation in order to enable the process of recruitment of the Director of the Decision Support Service (DSS) to begin. Ms Áine Flynn was appointed Director of the Decision Support Service on 2 October 2017.

The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives, is a matter for the Minister for Health. The Minister for Health, under the Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) (No. 2) Order 2016 (S.I. No. 517 of 2016), brought some provisions of Part 8 of the Act into operation on 17 October 2016. The provisions commenced in Part 8 were the definition of “Minister” in section 82; the definitions of “code of practice” and “working group” in section 91(1); and section 91(2). The commenced provisions provide for the establishment by the Minister for Health of a multi-disciplinary group to advise in relation to codes of practice on advance healthcare directives. The multi-disciplinary group has been set up and has and is currently finalising its recommendations.

The Minister for Health commenced the remainder of section 91 on 17 December 2018 (S.I. No. 527 of 2018) to enable the Director of the Decision Support Service to progress the preparation of the codes of practice as soon as the multi-disciplinary group submits its recommendations to the Director.

The key preparations are being put in place under the oversight of the Steering Group to allow for further commencement orders for the provisions of the 2015 Act to be made when the DSS is ready to roll out the new decision-making support options. The Director of the DSS is working in a very determined way to get the necessary staff resources, processes, IT system, expert panels, codes of practice and regulations in place in order that the DSS can be up and running as quickly as possible. There are many complex strands to this work, including involvement of multiple organisations.

Every effort is underway to ensure that the DSS has all necessary capacity to open for business as soon as possible. While the DSS has been working towards being operational and ready for the commencement of the main provisions of the Act in early 2020, the situation will be kept under review as the preparatory work on implementation moves forward.

In April 2018, the MHC engaged the consultancy firm BearingPoint to support the development of a detailed, costed plan to establish a fully operational Decision Support Service. The contract also includes ongoing project management support for the design and establishment of the organisation, business processes, IT systems and risk management framework.

The MHC has received sanction for the recruitment of a number of staff for the DSS and also a number of staff to provide shared services for the MHC and DSS. The MHC proposes to recruit these staff on a phased basis between now and 1 January 2020.

The National Disability Authority is currently finalising its work on the suite of draft codes of practice in relation to non-healthcare matters which are required to be prepared under section 103 of the Assisted Decision-Making (Capacity) Act 2015.

In June 2018, my Department recruited an external legal expert to assist in the preparation of draft regulations in relation to decision-making assistance agreements, co-decision-making agreements, certain matters relating to decision-making representatives, and enduring powers of attorney. These regulation-making powers are provided for in sections 10(4), 31, 45(3), 45(4), 46(3) and 79 of the Assisted Decision-Making (Capacity) Act 2015. Work on the draft regulations is ongoing.

The 2019 Budget provides for an allocation of €3 million in the Justice and Equality Vote for the establishment of the Decision Support Service.

Naturalisation Applications

Questions (285)

Alan Kelly

Question:

285. Deputy Alan Kelly asked the Minister for Justice and Equality the status of a naturalisation application by a person (details suppled); if all required documentation has been received; when the person will be contacted by the INIS; and if he will make a statement on the matter. [53370/18]

View answer

Written answers

I 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 and I understand that the case is due to be submitted to me for my decision shortly.

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. While most straightforward cases are now processed within six months, 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.

Closed-Circuit Television Systems Provision

Questions (286)

Willie Penrose

Question:

286. Deputy Willie Penrose asked the Minister for Justice and Equality if he has received an application from Westmeath County Council for funding for the installation of CCTV cameras as an aid to deterring crime; the conditions pertaining to the granting of such community CCTV projects; if consideration will be given thereto particularly in the context by which the council agrees to act as data controller for community CCTV schemes; and if he will make a statement on the matter. [53424/18]

View answer

Written answers

My Department has not received an application for grant-aid from the Council referred to. I can however confirm that my officials are available to assist any interested groups who wish to take advantage of the availability of the grant aid scheme.

The Deputy will be aware that CCTV systems installed for the purposes of crime prevention and as aids to policing in areas to which the general public routinely have access, such as town centres, fall into two distinct but complementary categories, namely Garda CCTV systems and community-based CCTV systems. Neither may be established without authorisation by the Garda Commissioner under section 38 of the Garda Síochána Act 2005, among other requirements.

Community CCTV is governed by section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI No 289 of 2006). This legal framework requires that any proposed community CCTV scheme must:

- be approved by the local Joint Policing Committee,

- have the authorisation of the Garda Commissioner, and

- have the prior support of the relevant local authority, which must also act as data controller.

This is the legal basis for all community CCTV schemes, regardless of how they are funded.

Specifically in relation to the role of local authorities, I would confirm that the requirements listed above are not conditions of grant funding per se, but rather are statutory requirements under section 38(3)(c) of the Garda Síochána Act 2005 and regulation 4(d) of the Garda Síochána (CCTV) Order 2006.

In accordance with this legal framework, the large majority of local authorities have previously undertaken to act as data controllers in the context of specific community CCTV schemes. This has been the case either in the course of the current grant-aid scheme administered by my Department, in connection with the previous grant-aid scheme operated by Pobal on behalf of the Department, or in connection with schemes funded independently by local authorities. I understand from my Department's engagement with the Local Government Management Agency that the total number of local authorities which have undertaken the role of data controller for these purposes amounts to 28 out of the 31 local authorities nationwide.

The Deputy may also wish to be aware that on 29 November this year the Data Protection Commission issued a note (available on its website www.dataprotection.ie ) confirming that there is a legal basis for community based CCTV and that the General Data Protection Regulation does not introduce new barriers in that regard. In particular, the Data Protection Commission confirmed that: “Data protection legislation does not stand in the way of the roll-out of Community based CCTV schemes that have been authorised by the Garda Commissioner. Once the local authority in the administrative area concerned is willing to take on and deliver on its responsibilities as a data controller for the schemes concerned, there is no legal impediment under data protection legislation to the scheme commencing.”

The Data Protection Commission is currently conducting an audit of the practice, operation and governance of CCTV as part of a wider inquiry into surveillance through the use of technologies for law enforcement purposes. The findings from the CCTV module of this process can be expected to be of assistance to all concerned and in particular to local authorities.

My Department is also engaging on an ongoing basis with the Local Government Management Agency and the County and City Management Association, to clarify any queries arising and to assist in resolving any concerns.

As regards funding for community CCTV, the Programme for a Partnership Government commits to supporting investment in CCTV systems. In furtherance of this commitment, a grant-aid scheme to assist groups in the establishment of community-based CCTV systems in their local areas is being administered by my Department. Eligible groups, including community groups and local authorities, can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000.

There have to date been 27 applications to the scheme. 20 applications have been approved, involving approved grants totalling more than €500,000. A further 4 applications to the scheme are currently being assessed and considered. The remaining 3 applications have been returned to the applicants concerned to enable them to supply the information necessary to qualify for grant aid.

Full details of the grant aid package are available to download from my Department's website - www.justice.ie and support and guidance is available to help interested groups to apply for funding through a dedicated email address communitycctv@justice.ie

Work Permits Eligibility

Questions (287)

Bríd Smith

Question:

287. Deputy Bríd Smith asked the Minister for Business, Enterprise and Innovation if a person with a stamp 3 visa whose partner has a stamp 4 visa can take up an offer of work here; if not, if the person must apply for a separate visa; and if so, the steps they should take in this regard. [52732/18]

View answer

Written answers

I assume the Deputy is referring to Stamp 3 holders who are the dependent or partner or spouse of a Critical Skills Employment Permit (CESP) as there are a wide range of other circumstances under which non-EEA nationals may hold either a Stamp 3 or Stamp 4 permission. Such circumstances are dealt with by the Irish Naturalisation & Immigration Service (INIS) of the Department of Justice and Equality who have responsibility for the administration of immigration permission Stamps and entry visas.

A Dependant/Spouse/Partner Employment Permit may be granted to the immediate family member (with a Stamp 3 permission) of a Critical Skills Employment Permit (CSEP) holder, or a Research Project Researcher (with a Stamp 4 permission). In these circumstances, a person with a Stamp 3 permission may take up an offer of work.

Dependant/Spouses/Partners of Critical Skills Employment Permit holders have very broad access to the Irish labour market as the criteria for grant of such a permit include minimum salary of at least the Irish National Minimum Wage with a minimum working week of 10 hours plus all employments are eligible apart from domestic work. There are no fees for the permit.

The Department accepts that the process is not as streamlined as it should be for the family members who are Stamp 3 holders accessing the labour market. Officials of the Department of Business, Enterprise and Innovation and the Department of Justice and Equality have met with representatives of Stamp 3 permission holders to hear their concerns. The resolution of this matter falls within the remits of both Departments.

Officials of both Departments met recently to further consult on possibilities for streamlining the process for granting permission to work for this cohort of people, in line with a recommendation contained in the Review of Economic Migration Policy 2018. A number of specific changes were identified and both Departments are committed to resolving this issue at the earliest opportunity in 2019.

In the interim, steps have already been taken to clarify the current process, and the permit type available for prospective employment permit holders and employers. These steps include:

- the introduction of a letter a letter of clarification and employment support for Stamp 3 holders to issue with successful CSEP applicants;

- the provision of up to date and clear information on the Employment Permits website to best advise applicants and employers in relation to the immediate family members of CSEP holders;

- A revision of the FAQs document on the Department’s website

A leaflet on this issue is also being drafted for distribution to representative bodies, NGOs and other stakeholders.

Regional Enterprise Development Fund Data

Questions (288)

Billy Kelleher

Question:

288. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation the status of the Programme for a Partnership Government commitment to prioritise balanced regional development that will aim to allow for an unemployment rate in each county that is within 1% of the State average by 2020. [52819/18]

View answer

Written answers

The Central Statistics Office (CSO) does not regularly produce county-level unemployment rate data, apart from at each Census. The CSO publishes the Labour Force Survey (LFS) on a quarterly basis (the LFS replaced the Quarterly National Household Survey (QNHS) from Q3 2017).

The LFS is a large-scale, nationwide survey of households in Ireland. It is designed to produce quarterly labour force estimates that include the official measure of employment and unemployment in the State. Unemployment rates at NUTS 3 regional level are available through the LFS.

The recently published LFS (Q3 2018) employment figures are overall very positive. Figures show that employment continues to grow strongly with 66,700 jobs created in the year from Q3 2017 to Q3 2018. This brings total employment to 2,273,000 (not seasonally adjusted).

The number of people in employment has increased in six of the eight regions in the year from Q3 2017 to Q3 2018. The exception to this is the Mid-West (which has remained static) and the Border region.

Since becoming Minister for Business, Enterprise and Innovation, I have made jobs and enterprise in the regions my top priority. We want to have a situation where all regions are enabled to realise their potential as contributors to economic recovery and growth, and thereby reduce regional disparities.

The Regional Action Plan for Jobs initiative is a central pillar of the Government’s ambition to create 200,000 new jobs by 2020, 135,000 of which are outside of Dublin.

Since the launch of the Regional Action Plan for Jobs (RAPJ) there has been an increase of 258,800 people in employment across the State (Q1 2015 to Q3 2018), with 163,500 people in the regions outside of Co. Dublin entering employment in that period (or three out of every five jobs created).

A key objective of the initiative is to have a further 10 to 15 per cent at work in each region by 2020, with the aim of having the unemployment rate of each region reduced to within one percentage point of the State average. Figures from the CSO LFS show that as of Q3 2018, six out of eight Regions have a further 10 - 15 per cent at work. Five out of eight Regions have unemployment rates within the one percentage point target (see Table).

Region

Unemployment Rate

Q1 2015

Unemployment Rate

Q3 2018

Border

8.6

5.1

Midland

14.9

7.1

West

12.6

6.6

Dublin

9.1

5.3

Mid-East

9.6

5.8

Mid-West

12.0

7.2

South-East

11.7

8.6

South-West

10.5

4.9

State

10.5

6.0

Source: CSO Labour Force Survey, Q3 2018 (Table 9), not seasonally adjusted.

Government policies are working but of course we always want to do more. That’s why in April this year I asked all the RAPJ Committees to start a process to refresh and refocus all of the Regional Action Plans to 2020. This is to ensure that the Plans are strategically focused, relevant, and can be robust to address the challenges we face, including Brexit.

In October last, I met with the Chairpersons again to hear directly about the progress made to date and all Regions are working towards completion of their refreshed Plans with a view to publication in Q1 next year. My Department is also working closely with the agencies (IDA, EI and the LEOs) and other relevant stakeholders, in relation to the refresh of the Plans.

Consumer Protection

Questions (289)

Brendan Griffin

Question:

289. Deputy Brendan Griffin asked the Minister for Business, Enterprise and Innovation her views on a matter (details supplied); and if she will make a statement on the matter. [52728/18]

View answer

Written answers

The matter referred to in the Deputy’s question relates to the obligations of a seller in respect of the return of goods. Where, as is accepted by the buyer in the case in question, the goods were not faulty or were not otherwise in conformity with the contract, there is no legal obligation on the seller to accept the return of the goods and to give a refund of the price. Where a seller accepts the return of goods on a goodwill basis, there is no legal requirement on the seller to reimburse the buyer in cash. The seller is free to offer reimbursement in other ways such as a credit note or gift voucher or by giving the buyer other goods to the same value. While it may be considered good business practice for a seller to inform consumers of the seller’s returns policy in advance of the conclusion of a contract of sale, there is no legal requirement on the seller to do so. Regulation 5 of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484/2013) sets out a range of information that traders must provide to consumers before the consumer is bound by a contract concluded on the trader’s premises. While this Regulation obliges the trader to provide information on his or her legal obligation to supply goods that are in conformity with the contract and on the existence and conditions of any commercial guarantee provided by the trader over and above that legal obligation, it does not include a requirement to provide information on the seller’s returns policy.

Departmental Expenditure

Questions (290)

Billy Kelleher

Question:

290. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation the 2019 allocation by current and capital funding for her Department and each body under her remit in tabular form; and the corresponding 2018 allocation for each such body and her Department. [52813/18]

View answer

Written answers

The Expenditure Report 2019 which accompanied the Budget 2019 Statement by my colleague the Minister for Finance set out my Department’s summary capital and current expenditure ceilings for next year. The proposed gross allocation of €950.2 million for my Department in 2019 includes an increase in our capital funding from €555m to €620 million (an increase of 11.7%) and an increase in our current funding from €315.96m to €330.32m (an increase of 4.5%).

The definitive 2019 allocations for each of the Bodies/Agencies under the remit of my Department and for the Department itself will be set out in the 2019 Revised Estimates Volume which is expected to be published in the coming days.

Whilst the specifics of the allocations to the Department and the Bodies/Agencies operating under our aegis will only be confirmed on the publication of Rev 2019, the aforementioned increases in our capital and current ceilings will enable me to roll out a number of initiatives.

Insofar as capital expenditure is concerned, the increased capital funding which I secured for next year will allow for:

- The provision of a further €6m in funding to roll out the first phase of the new €300m Future Growth Loan scheme which addresses a specific lack of availability of finance to businesses, particularly SMEs, of loan terms longer than 5-7 years;

- An additional €1m to be provided to for Intertrade Ireland to enable it to meet the growing demand from businesses in border regions in its existing programmes;

- An additional €5m to be provided to the Local Enterprise Offices to enable them to expand the range of supports to indigenous enterprises across the various sectors, including through the provision of a new customs training programme for all businesses, exporters and importers, to be rolled out in conjunction with Enterprise Ireland;

- An additional €10m to be provided to the IDA to assist it in rolling out the next phase of its Regional Property Programme;

- An additional €2.75m to Enterprise Ireland to support a Regional Innovation and Technology Clusters Programme targeted at SMEs thereby building enterprise capability across the regions;

- The provision of €20m to fund the roll out of the first phase of the Disruptive Technologies Innovation Fund;

- An additional €6m to SFI to fund the refresh of its Research Centres Programme and the strengthening of its industry partnerships;

- An additional €1m to the support the upscaling of the Tyndall Institute;

- An additional €10m to support the roll out of the new PHD doctorate programme;

- An additional €3.25m to support the expansion of our membership of International Research Organisations.

As regards current expenditure, the increased current funding secured for next year will allow for

- The provision of an additional €8m in funding to support the response of the Department and our Agencies to the Brexit challenge and to expanding our Global Footprint. This will include the provision of an additional €3m to Enterprise Ireland and €2m to IDA Ireland.

- The increased current funding will also allow for additional provision to be made to a number of the Department’s Regulatory Bodies, including the National Standards Authority of Ireland, the Health and Safety Authority and the Competition and Consumer Protection Commission to enable them to support businesses in meeting the challenge of Brexit.

- An additional €1m to be provided to the Office of the Director of Corporate Enforcement to support its transition to a statutory independent Agency and

- The provision of an additional €1m to the Workplace Relations Commission to enable it to take on additional functions

As advised the specific 2019 allocations to the Department and the Bodies/Agencies operating under our aegis will be confirmed in the 21019 Revised Estimates Volume which will be published shortly.

Revised Estimates Publication

Questions (291)

Billy Kelleher

Question:

291. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation if she has sought permission from the Department of Public Expenditure and Reform to carry over unspent capital funding to 2019; if so, the amount sought as a carryover; the reason this was necessary; and if she will make a statement on the matter. [52814/18]

View answer

Written answers

The Revised Estimates Volume 2019 will set out the details of my Department’s allocation for 2019 together with the details of any carryover of unspent capital monies. I understand that the Revised Estimates Volume will be published in the coming days. It would not be appropriate to comment any further in advance of the publication of the Rev 2019.

Regional Enterprise Development Fund Data

Questions (292)

Billy Kelleher

Question:

292. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation the 2017, 2018 and 2019 budget allocations to the Regional Enterprise Development Fund; the amount of the 2017 and 2018 budget allocations, respectively expended each year; the number of applications for the fund by each stream, by year and county to date; the number of successful and unsuccessful applications by county in each such year; and the amount of approved funding to successful applications in 2017 and 2018, by county. [52815/18]

View answer

Written answers

The Government’s €60 million Regional Enterprise Development Fund, administered by Enterprise Ireland, has the objective of supporting every region to build on its unique strengths and ultimately create sustainable jobs. Administered via two competitive calls, 42 projects received funding totalling €59.5 million. The budget for this fund is part of Enterprise Ireland’s budget to support enterprise development.

Successful projects under Call 1 and Call 2 of the fund were announced on the 11th of December 2017 and the 3rd of December 2018 respectively. 21 projects were successful under each initiative. €31.5 million was approved under Call 1 and €29 million under Call 2.

The number of applications, successful and unsuccessful, received under each of the four funding streams, by region, is presented in the table following. Due to the collaborative nature of projects, the regional breakdown of projects presents the best overview of applications, successful and unsuccessful.

Applications under Regional Enterprise Development Fund

Region

Stream 1

Stream 2

Stream 3

Stream 4

Total

Dublin

7

7

10

4

28

Mid-East

5

8

1

1

15

Midlands

2

2

2

1

7

Mid-West

5

10

2

1

18

North East

3

2

3

0

8

North West

4

5

0

1

10

South East

1

11

2

1

15

South West

3

18

7

4

32

West

6

9

5

0

20

Total

36

72

33

12

153

The successful applicants from Call 1 and Call 2 are detailed in the tables following. The approved funding figures are not available for Call 1 for reasons of commercial sensitivity. A change to the scheme document for Call 2, stated that the approved funding figures would be published as part of the fund’s requirement.

Projects approved under Call 1 of the Regional Enterprise Development Fund

County

Monaghan County Enterprise Fund

Monaghan

Leitrim County Enterprise Fund

Leitrim/Cavan/Longford

Donegal Digital Innovation CLG

Donegal

BIA Innovator Campus CLG

Galway

Irish Bioeconomy Foundation CLG

Tipperary

Emerald Aerocluster CLG

Limerick/Shannon/Ireland

Insurtech Network Centre DAC

Carlow

ThreeD (Design Develop Disseminate) DAC

Waterford/South

Agritech Centre of Excellence CLG

Kerry/National

RDI Hub CLG

Kerry/National

Cork Urban Enterprises CLG

Cork

IT@Cork CLG

Cork

KerrySciTech CLG

Kerry/Cork

Sneem Innovation & Technology Services CLG

Kerry

MOL TEIC CLG

Kerry

County Kildare Community Network Company CLG

Kildare

Dublin Enterprise & Technology Centre CLG

Dublin/National

Ghala DAC

Dublin/National

Social & Local Enterprise Alliance DAC

Dublin

BPO Cluster Ireland CLG

Dublin/National

Irish Manufacturing Research CLG

Westmeath/ National

Projects approved under Call 2 of the Regional Enterprise Development Fund

Projects approved - Call 2

County

Approval amount

Galway City Innovation District CLG

Galway

€2,487,400

Midc Páirc Na Mara

Galway

€2,000,000

The Burren Lowlands CLG

Galway, Clare

€182,786

CIT Consortium Projects DAC

Cork, Kerry

€336,360

Ludgate Operations CLG

Cork

€1,990,392

Vista Agri 4.0 Hub CLG

Cork, Kerry, Waterford, Tipperary

€1,865,215

Crystal Valley Tech CLG

Waterford, Wexford, Carlow, Kilkenny, Tipperary

€219,919

Incupharm DAC

Waterford, Wexford, Carlow, Kilkenny, Tipperary

€799,212

National Design Innovation Hub DAC

Carlow, Kilkenny

€1,843,320

Boyne Valley Food Innovation District DAC

Meath, Cavan, Monaghan, Louth

€1,580,640

Mountmellick Development Association CLG

Laois

€218,200

Offaly Innovation & Design Centre CLG

Offaly

€458,240

BNest Social Initiative DAC

Limerick, Clare, Tipperary, Cork, Kerry

€603,400

Clare MEZ (Maritime Economic Zone) DAC

Limerick, Clare, Tipperary, Cork, Kerry

€603,400

Innovate Limerick T/A Hospital Foods DAC

Limerick, Clare, Tipperary

€2,279,073

Innovate Dublin Communities CLG

Dublin

€249,955

St Paul's Area Development Enterprise CLG

Dublin, Mid East

€2,094,000

Bioconnect Innovation Centre CLG

Monaghan, Cavan

€4,976,880

Focused Engineering Network DAC

Monaghan, Cavan

€250,000

Leitrim Food Enterprise Zone CLG

Leitrim, Cavan, Sligo, Donegal

€953,640

Sligo County Enterprise Fund CLG

Sligo, Mayo, Leitrim

€1,906,640

The payments made to successful applicants to date are presented in the table following. Funding approved to successful projects was in the form of grants. Grant expenditure must be incurred and then inspected by Enterprise Ireland prior to payment. The payment figures relate to Call 1. Payments under Call 2 will not commence until 2019.

Payments under the Regional Enterprise Development Fund

2017

2018

0

€540,000

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